Religious freedom in Australia: what the law protects

1 day ago

10 min read

Religious freedom in Australia is real, but it is protected by a patchwork rather than by one clear guarantee. You are free to believe, to change your belief or to hold none. You are also free to worship, practise and teach, within limits set by law. What Australia does not yet have is a single federal law that bans discrimination on the ground of religion. This guide explains what protects you, where the gaps are and why it matters for people of faith in Canberra and beyond.

TL;DR

Australia is a secular country with no official religion. Everyone is free to follow any religion or none, according to the Department of Home Affairs.
Section 116 of the Constitution restrains the Commonwealth, but it is not a personal right you can take to court.
Freedom to hold a belief is treated as absolute. Freedom to act on it can be limited where the law requires, for example to protect public safety or the rights of others.
Federal religious discrimination legislation has been attempted and has not passed. State and territory laws fill part of the gap.
For us as a church, religious freedom is not an abstract debate. It is the ground on which honest faith, open worship and community life stand.

What religious freedom means here
Where the protection comes from
What the law does not allow
Religious discrimination: the unfinished federal story
Our view as a church
What this means for you
A place to explore and gather in Canberra
FAQ
Sources

What religious freedom means here

In Australian practice, religious freedom covers the right to think freely, to hold positions based on conscience or religious belief, and to manifest that belief through worship, observance, practice and teaching, subject to certain limitations. The Attorney-General’s Department guidance sheet adds that the UN Human Rights Committee reads “religion” widely: theistic, non-theistic and atheistic beliefs are all covered, and so is the right not to profess any religion.

That breadth matters. Religious freedom is not a privilege for Christians, or for any one tradition. It protects the Anglican in Queanbeyan, the Muslim student at a Canberra university, the Hindu family in a new suburb and the person who has simply decided God is not for them. A freedom that protects only people we agree with is not freedom at all.

Courts have spoken warmly about it. An academic brochure from the International Center for Law and Religion Studies quotes the High Court describing freedom of religion as the paradigm freedom of conscience, of the essence of a free society. It also notes that lower courts have called it fundamental because our society tolerates pluralism and diversity and because faith can be central to a person’s identity.

Where the protection comes from

There is no single Australian Bill of Rights. Protection comes from several layers, each with its own reach.

Layer	What it does	Reach
Section 116 of the Constitution	Limits what the Commonwealth may legislate about religion	Federal laws only
ICCPR Article 18	Protects thought, conscience and religion in international law	Binds Australia internationally, not directly enforceable at home
State and territory charters	Protect religious freedom through human rights acts	Queensland, Victoria and the ACT have their own regimes
Anti-discrimination laws	Prohibit unfair treatment on religious grounds	Varies by state and territory; federal coverage is partial

Section 116 of the Constitution

Section 116 says the Commonwealth shall not make any law for establishing any religion, for imposing any religious observance, or for prohibiting the free exercise of any religion. It also says no religious test shall be required for any office or public trust under the Commonwealth. The Attorney-General’s Department sets out the text.

Many Australians assume this is a guarantee of personal religious liberty. It is not quite that. The same department explains that Section 116 is not a source of personal rights and gives individuals no avenue for legal redress. The High Court has made clear that it is not a constitutional guarantee of the right to freedom of religion and belief.

The courts have also read it narrowly. The Australian Law Reform Commission’s Interim Report 127 explains that the section is aimed at laws that explicitly establish a religion or prohibit its free exercise. Laws that only indirectly burden religious practice fall outside it, as the High Court reasoned in Kruger v Commonwealth.

International law

Australia ratified the International Covenant on Civil and Political Rights in 1980. Article 18 protects freedom of thought, conscience and religion, including the freedom to have or adopt a religion of your choice and to manifest it in worship, observance, practice and teaching, as the Queensland Human Rights Commission describes.

There is a catch. The Australian Human Rights Commission’s Human Rights Brief No. 4 explains that the ICCPR is not directly implemented in Australian law. It binds Australia in international law, but it does not itself form part of domestic law.

State and territory protections

Because the federal framework is thin, state and territory law does a lot of the work. Queensland’s Human Rights Act 2019 says every person has the right to freedom of thought, conscience, religion and belief, including the freedom to demonstrate religion or belief in worship, observance, practice and teaching (QHRC).

Victoria has the Charter of Human Rights and Responsibilities Act 2006, the Racial and Religious Tolerance Act 2001, which prohibits religious vilification, and the Equal Opportunity Act 2010, which makes it unlawful to discriminate in certain areas of public life on the basis of religious belief or activity, according to an Australian Human Rights Commission publication.

Tasmania is also distinctive. The US State Department’s International Religious Freedom Report notes it is the only state or territory whose constitution specifically gives citizens the right to profess and practise their religion.

If you live in Canberra, the ACT has its own human rights and anti-discrimination framework. For the exact protections that apply to you, the ACT Human Rights Commission and the Australian Human Rights Commission are the places to ask.

What the law does not allow

No freedom is unlimited, and religious freedom is no exception. The key distinction is between believing and acting.

The Human Rights Brief No. 4 explains that some freedoms cannot be restricted by governments, including freedom of thought, conscience and religion. The freedom to manifest your religion is a “limitable freedom”. A lawful limit must meet at least five tests: it must be provided by law, have a legitimate objective, be necessary, operate without discrimination and be exceptional.

Under Article 18(3) of the ICCPR, manifestation of religion may be limited only as prescribed by law and where necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others (Attorney-General’s Department). The Queensland Human Rights Commission puts it plainly: the right to have or adopt a religion is considered absolute, while the right to demonstrate it can face reasonable limits.

Two cases show how the courts have drawn the line:

Krygger v Williams: the High Court upheld compulsory peacetime military training even for those who objected on religious grounds, finding no breach of Section 116 (ALRC).
The Jehovah’s Witnesses case (1943): the High Court held that wartime laws authorising seizure of a worship hall did not breach Section 116, because acting on belief is constrained by the community’s right to protection against unsocial actions or actions subversive of the community itself (Human Rights Brief No. 4).

One practical point for people from other countries: religious law has no legal status in Australia. People may practise religious customs and rituals as long as they do not conflict with Australian law, as the Department of Social Services document explains.

Religious discrimination: the unfinished federal story

Here is where most of the public debate sits. Federal law already protects against discrimination on other grounds, such as race, sex, age and disability. Religion is the notable gap.

At the federal level, a person can complain to the Australian Human Rights Commission or the Fair Work Commission about religious discrimination in employment. The AHRC factsheet from 2019 records 67 such complaints to the Commission in the five years before 2019. Outside employment, federal protection is limited, and state and territory laws vary.

The timeline so far

2017–2018: The government appointed an Expert Panel on Religious Freedom, chaired by Philip Ruddock. It reported on 18 May 2018 with 20 recommendations, according to the Attorney-General’s Department.
2019–2021: A Religious Discrimination Bill and associated legislation were drafted to prohibit discrimination on the ground of religious belief or activity and to create a Religious Discrimination Commissioner within the AHRC (same department page).
2022: The Coalition dropped the bill after five Liberal MPs voted against it over amendments, and the Australian Christian Lobby withdrew its support, as Solidarity reported.
2025: ABC News reported that attempts to legislate protections for religious belief had failed in each of the last two parliaments. Prime Minister Anthony Albanese said he would not progress such laws without bipartisan support. The same report covers Aftab Malik, the first Islamophobia envoy, whose 54 recommendations included reviving religious discrimination laws.

Laws can change quickly in this area, so check the Attorney-General’s Department and the Australian Human Rights Commission for the current position before you rely on any of this.

The tension over schools and staff

The hardest questions are where religious freedom meets other rights. The Australian Law Reform Commission delivered Final Report 142 on 15 December 2023. It recommended changes to the exemptions that apply to religious educational institutions. It also recommended that those institutions should be able to give preference, in good faith, to people of the same religion when choosing staff, where that is reasonably necessary to build or maintain a community of faith and is proportionate to that aim.

That last idea is worth pausing on. It recognises that a faith community has a legitimate interest in being led and staffed by people who share its convictions, while also saying the preference must be proportionate and must sit alongside other people’s rights to equality.

Our view as a church

Religious freedom is not a political slogan for us. It is the quiet condition in which a young person in Canberra can ask honest questions about Jesus without fear, and in which a family can gather on a weeknight to read Scripture and pray. We believe the freedom to believe is a gift to everyone, not only to Christians. The same space that lets us worship openly must let our neighbours hold different convictions, or none. Jesus invited; he never coerced. A church that wants to be faithful to him will protect the conscience of the person across the room, even when we disagree. We also believe that faith is lived, not merely declared. Worship, teaching, generosity and service are not private hobbies. They are how a community of disciples shows what it believes. That is why we care that the freedom to manifest belief is understood and honoured, within the fair limits any healthy society sets to protect others. In a city of universities, workplaces and people who are only here for a season, we want to be a church where faith can be explored honestly and lived out in everyday life. Freedom is the soil. Discipleship is what we hope grows in it. Josh

What this means for you

If you are exploring faith

You are free to ask questions, visit a gathering, read Scripture and walk away, with no legal or social obligation to commit. Australia has no official religion, so no one can lawfully require you to adopt one. If you want a gentle introduction to what Christian life looks like here, our guides to Christian Canberra and Christianity in Canberra are good places to start.

If you are a person of faith at work or study

Protection against religious discrimination at work exists, but its shape depends on where you live and the type of case. If you think you have been treated unfairly because of your faith, you can contact the Australian Human Rights Commission or the Fair Work Commission about employment matters, or your state or territory commission. For a legal opinion on your own situation, speak to a community legal centre or a lawyer who specialises in discrimination law.

If you lead or serve in a faith community

Rules about staffing, premises and services differ by jurisdiction and are under ongoing discussion. Keep up with the Attorney-General’s Department and ALRC publications, and take legal advice before you change employment or enrolment policies. Our broader overview of Christian church life across Australia covers how churches operate day to day.

If you are new to Australia

You are welcome to practise your faith here. Religious customs are fine as long as they do not conflict with Australian law, and religious law itself has no legal status. Being part of a local community often makes the settling-in easier, whatever your tradition. We say more about that on our International Church Canberra page.

A place to explore and gather in Canberra

At Divergent Church we are committed to forming disciples of Jesus and to building authentic, missional community in Canberra and Queanbeyan. We are more than a Sunday gathering: we are a community shaped by Scripture and expressed through everyday relationships. People exploring faith are welcome, whether you come with certainty or with questions.

If your group, faith-based or otherwise, needs a place to meet, our rooms in the city are available to book online: the Auditorium is $70 per hour, the Seminar Room $50 per hour and the Board Room $25 per hour. See the Function & Events Centre in Canberra City or go straight to online booking. To learn more about who we are, visit our home page.

FAQ

Is there freedom of religion in Australia?

Yes. Australia is a secular country with no official religion, and people are free to follow any religion or none. The freedom to hold a belief is treated as absolute in international law, while the freedom to practise it can be limited where the law requires, for example to protect public safety or the rights of others.

Does the Australian Constitution guarantee religious freedom?

Not as a personal right. Section 116 stops the Commonwealth from making laws that establish a religion or prohibit its free exercise, but the Attorney-General’s Department states that it does not give individuals a way to seek legal redress. The High Court has read it narrowly, so it is a limit on federal lawmaking rather than a personal guarantee.

Is religious discrimination illegal in Australia?

It depends on where you are and the context. Some states and territories, such as Victoria, prohibit discrimination based on religious belief or activity in certain areas of public life. At the federal level, complaints can be made about religious discrimination in employment, but there is still no dedicated federal religious discrimination law after earlier bills failed.

Can I practise my religion however I like?

You can worship, observe, practise and teach your faith, but those actions can be limited when the law requires it and the limit meets strict tests, such as being necessary and non-discriminatory. Religious customs and rituals are fine provided they do not conflict with Australian law, and religious law has no legal status.

Where can I make a complaint about religious discrimination?

For employment matters, you can complain to the Australian Human Rights Commission or the Fair Work Commission. Your state or territory anti-discrimination body may also help, and a community legal centre can advise you on which route fits your situation.