Freedom of religion in Australia is allowed in practice and protected to varying degrees through the constitution and legislation at the Federal, state and territory level. Australia is a pluralist country with legislated principle of state neutrality and with no state religion. The nation has over 13.5 million people who identify as religious and 7.1 million who identify as irreligious.
Relevant legislation protecting religious freedoms include sections of the Constitution of Australia, Federal anti-discrimination laws and State/Territory-based human rights acts and anti-discrimination laws. As these freedoms are not protected in a single piece of legislation, but rather appear as sections, clauses and exemptions in other acts or laws, legal religious freedom protections are often a source of great debate and difficult to discern in Australia.
Religious freedom laws
Federal level
The Constitution of Australia prohibits the Commonwealth from establishing laws which create, force or prohibit any religion. It also restricts the Commonwealth from using religion as a qualifier or test in order to hold public office. Section 116 of Chapter V. The States in the Australian Constitution reads: The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.The section is based on the First Amendment to the United States Constitution. The article does not prohibit the states of Australia from implementing such laws, meaning legislation at the state level could provide for restriction or enforcement of religion.
State and territory level
Two referendums were held on whether to restrict the ability of states to legislate laws that may impede religious freedoms: the 1944 Australian Post-War Reconstruction and Democratic Rights referendum and 1988 Australian referendum. Both failed to achieve a majority of support amongst the states and therefore did not pass into law. In theory, Australian State and Territory Governments can therefore pass laws impeding religious freedoms.
Some states and territories have implemented a bill or charter of rights which include freedom and protection for religion, such as Section 14: Freedom of thought, conscience, religion and belief in:
Human Rights Act 2004 (Australian Capital Territory) Charter of Human Rights & Responsibilities Act 2006 (Victoria)
These legislated acts are based on the International Covenant on Civil and Political Rights, to which Australia was a signatory in 1966 despite no direct legislation to permit these freedoms. These acts do not prevent the passing of laws that impede any rights mentioned (including religious freedoms), but they do create a process by which all legislation must be scrutinised for human rights implications, and must be accompanied by a statement of compatibility with human rights before they can be passed by the relevant Parliament. In cases where the legislation is not compatible, it may still be passed despite contradicting these human rights acts.
Anti-discrimination laws
Anti-discrimination laws addressing unfair treatment on the basis of a range of attributes, including religion, also apply at the state and federal level. These laws contribute to religious freedoms by allowing Australians to practice religion without fear of consequence from the executive, organisations or individuals. This is achieved by prohibiting detrimental treatment as a result of an individual's religious appearance, beliefs or observances. Some argue these laws are inconsistent at the state level and may be limited at the federal level.