ࡱ> %` bjbj"x"x <@@Jw5%TTTTTTTTsss8&ttTTu(u"JuJuJuvvv)++++++$hhOT}vv}}OTTJuJuHd}TJuTJu)})TTT=Juu `f+s^~:)z0+pdpt==\pTv xvz,@{lvvvOOLvvv}}}}TTTrDTTTrTTTTTTTTT RESPONSE TO 2008 FREEDOM OF RELIGION AND BELIEF IN THE 21ST CENTURY DISCUSSION PAPER Association of Independent Schools of SA EXECUTIVE SUMMARY This submission is presented by the Association of Independent Schools of South Australia (AISSA). The AISSA represents the interests of 94 South Australian Independent schools with an enrolment in excess of 41,700. The AISSA welcomes the opportunity to respond to this inquiry. Independent schools educate children and young people within a curriculum underpinned by a particular set of values or ethos. Parents choose individual Independent schools because they meet the education needs of their children and have values and an ethos consistent with their belief systems. In some cases, parents choose particular schools because the school has a commitment to traditional family values. The South Australian Independent school sector is accountable to parents, governments and the community. Australia is a plural nation, which is reflected in the diversity of the South Australian Independent school sector. The sector educates students from a range of socio-economic and cultural backgrounds. Over 97% of South Australian Independent school students attend a range of faith-based schools (Anglican, Baptist, Christian, Christadelphian, Greek Orthodox, Islamic, Jewish, Lutheran, Seventh-day Adventist, Uniting). The sector also offers education in schools underpinned by a particular educational philosophy (Montessori, Waldorf Steiner, Burc), a number of secular schools and a special school which educates students with severe disabilities. Parents are, and should be, the primary definers of the value and belief systems of their children. It is appropriate for parents to expect that if they choose an Independent school based on the schools adherence to a particular religious ethos, then the school will operate within and according to that ethos. The education process is not separate from the faith of the school community and the right of religious schools to view curriculum through their religious beliefs must be protected. Any impediment to a member schools ability to operate according to its ethos, whether it be based on a religious faith or educational philosophy, is an attack on the fundamental entitlement of Independent schools to provide choice to parents in order to enable them to educate their children in a school which is consistent with their values and beliefs. This fundamental principle is supported by the major political parties at state and national levels. Government policy should support this within the parameters of the law. There is significant legislative precedence across Australia for recognising the right of religious bodies and institutions to operate in accordance with the (religious) principles and beliefs that the institution is founded on, for example, through exemptions under equal opportunity legislation. It is necessary to emphasise that exemptions are only applicable in cases where there is a genuine commitment by the institution to religious tenets and beliefs and that the actions are in accordance with those beliefs. AISSA considers that this provides the appropriate balance between the rights of all parties. Association of Independent Schools of S The AISSA calls on the Review Team to recognise the importance of religion and religious beliefs and to recommend that exemptions which protect the right of faith based schools to operate in accordance with the religious tenets and beliefs upon which they have been founded remain protected. There appears to be an assumption by some opponents of non-government schools that greater societal cohesion is achieved through a government managed secular school system. We challenge this assumption. All schools both government and non-government aim to produce good citizens. Independent schools undertake a variety of activities in order to promote active citizenship and build community. In addition, member schools indicated that encouraging social cohesion and promoting other key values including respect, care and courtesy, are covered across the Key Learning Areas of the curriculum. In a democracy all citizens and organisations, including faith based groups, have a right to contribute to political and social debates. We note that there is rarely questioning of the role of groups, such as trade unions or business groups, in the political process and question why the involvement of faith based groups in the political process is considered by some to be so problematic. We note that those in political dominance sometimes seek to impose their values through legislation without adequate consultation or apparent consideration. In this context there can be a tension between community standards and groups within the community raising the question of where is the boundary of acceptance. For example, in one parliamentary debate a member of parliament referred to supporters of exemption clauses in regard to sexuality and employment as those grating voices of a vocal minority whose bigotry is well displayed by their discriminatory practices. On some occasions it is not clear whose community standards enable the overriding of long-held religious beliefs or the denigrating of those who hold these beliefs. All people come to social and political debates with particular world views or value/belief systems. For example, supporters of the government school system who emphasise the secular nature of the education provided are expressing a strong belief in relation to education in a similar way to those who support faith based Independent schools or schools underpinned by particular educational philosophies. In a democracy it is to be expected that world views or value/belief systems will at times come into conflict and on some matters there will be significant disagreement. Independent schools who provided feedback for this inquiry indicated that we should not hide from these disagreements. Australia has a robust political process through which legislation is enacted and there was a general consensus among member schools that the current process is appropriate and in the main works well. Association of Independent Schools of 1.0 INTRODUCTION 1.1. Submission Outline The AISSA response is based on consultation with the AISSA Board, the AISSA School Groups Representative Committee, which includes representation from key school authorities and interest groups within the sector, and from Heads of member schools. The AISSA response focuses on the areas outlined in the Discussion Paper which directly relate to Independent schools. It makes no comment on the other areas. 1.2. Profile of the Sector 1.2.1. Overview The Association of Independent Schools of South Australia (AISSA) represents the interests of 94 Independent schools with an enrolment in excess of 41,700. The South Australian non-government school sector educates over one-third of all school-age students in South Australia and the Independent sector is now the second largest provider of senior secondary school education in South Australia. The AISSA has a formal Committee structure that incorporates the key school authorities and interest groups within the Independent school sector. 1.2.2. 鱨վ the Independent School Sector South Australian Independent schools educate students within a curriculum underpinned by a diverse range of religious beliefs (Anglican, Baptist, Christian, Christadelphian, Greek Orthodox, Islamic, Jewish, Lutheran, Seventh-day Adventist, Uniting) and educational philosophies (Burc, Montessori, Waldorf Steiner). The sector also includes a number of secular schools and a special school which educates students with severe disabilities. A number of Independent schools are also members of a system, for example, the Lutheran Schools Association and Adventist Schools Australia. Over 97% of students educated in the South Australian Independent school sector are educated in schools underpinned by a religious faith. Enrolments within Independent schools have significantly increased since 1994. People are clearly indicating, through this enrolment growth, that they support the values of, and education provided in, Independent schools. Throughout this period the sector has also witnessed increased enrolments of students with special needs including students with disabilities and students with learning difficulties. There is diversity also within schools communities. For example, a significant number of faith based Independent schools have enrolments from outside that faith. The sector also includes over 670 full fee paying overseas students. Member schools registered to take overseas students have indicated that a significant benefit from the enrolment of international students is the cultural interaction and exchange that occurs, both between the local population and the international student population, and also between international students from different countries. 1.2.3. Accountability Independent schools and early childhood services are accountable to parents, the community and to different levels of government. The direct accountability of Independent schools to parents and the wider school community is a key strength of the sector. Independent schools have a legal contract with parents to educate their children, which is a significant point of difference from the Government school sector. Under the (South Australian) Education Act 1972 all Independent schools must be registered by the Non-Government Schools Registration Board (NGSRB). The registration of non-government schools is required to be reviewed and renewed by the Board at least once in every five years. To receive registration schools must demonstrate to the Non-Government Schools Registration Board that they meet the following criteria: (1) Instruction which is satisfactory in nature and content. (2) Adequate protection for the safety, health and welfare of students. (3) Sufficient financial resources to ensure continued provision of the above two criteria. (Education Act 1972, 72 G (3)) The Act also gives the Board the power to impose such conditions on the registration of a non-Government school as it thinks necessary (a) with respect to the safety, health and welfare of students at the school; and (b) to ensure that those students receive education of a satisfactory standard. (Education Act 1972, 72 G (4)) In order to meet the above criteria applicants and existing schools must prove to the NGSRB that their curriculum covers the eight key learning areas as outlined in the 2008 Melbourne Declaration on Educational Goals for Young Australians and the National Statements and Profiles. A range of other documents, for example, school policies on Behaviour Management, Grievance, Child Protection, Assessment (including examples of report card proformas) and Critical Incident must also be submitted to the NGSRB. Independent schools are accountable to government on a number of other legislative levels, for example, the Disability Discrimination Act 1992, South Australian Equal Opportunity Act 1984, Education Act 1972, 鱨վs Services Act 1985 (SA), 鱨վs Protection Act 1993 (SA), Associations Incorporation Act 1985, the Education Services for Overseas Students Act 2000, Occupational Health, Safety and Welfare Act 1986 (SA), Teachers Registration and Standards Act 2004 (SA), Schools Assistance Act 2008 and duty of care obligations. 2.0 DO RELIGIOUS AND/OR FAITH BASED GROUPS HAVE UNDUE INFLUENCE OVER GOVERNMENT AND/OR DOES THE GOVERNMENT HAVE UNDUE INFLUENCE OVER RELIGIOUS OR FAITH BASED GROUPS? 2.1. Right to Engage in Political and Social Debate Australia is a democracy. As a consequence all citizens and organisations, including faith based groups, have a right to contribute to political and social debates. The right to make a contribution should not be conflated with exercising control or undue influence. In this context we note that there is rarely questioning of the role of groups such as trade unions or business groups in the political process and raise the question as to why the involvement of faith based groups in the political process is seen to be so problematic. In many cases faith based groups are also key providers of social services. Independent schools are significant providers of education in Australia and as such have a legitimate right and responsibility to engage in debates regarding education policy and government policies which affect the autonomy and operation of Independent schools. The right to autonomy is a key principle of Independent schooling. However, there appears to be an increasing trend toward greater government influence and restrictions on all schools. Feedback from member schools indicated that they feel passionately about education and education policy and feel a responsibility to contribute to education policy discussions and shape outcomes for the betterment of students and young people and the wider community. All people come to social and political debates with particular world views or value/belief systems. Values integral to religious beliefs also underpin democratic society. It is inevitable that world views or value/belief systems will at times come into conflict and on some matters there will be significant disagreement. Member schools indicated that we should not hide from these disagreements and Australias social fabric is not threatened by differences amongst its citizens. Australia has a robust political process through which legislation is enacted and there was a general consensus among member schools that the current process is appropriate and in the main works well. 3.0 HOW SHOULD GOVERNMENT ACCOMMODATE THE NEEDS OF FAITH SCHOOLS? 3.1. Overview The Independent school sector supports choice and diversity and provides high quality education in a range of settings including faith based schools, secular schools, a special school and schools underpinned by internationally recognised educational philosophies. Enrolments in Independent schools have increased significantly over the past fifteen years indicating public support for the education provided in the Independent school sector. All Australian students are entitled to a level of government funding to support their education needs regardless of their background or the school sector they attend. Government funding policies should not inhibit parents who choose to spend their after-tax income on educating their children in a non-government school. Nor should funding policies punish schools, government or non- government, for raising additional capital to enhance the education outcomes of their students. Independent schools meet strict registration criteria and comply with the same Commonwealth accountability requirements as government schools to receive government funding. In addition Independent schools operate within the parameters of Australian law. 3.2. Commitment to Ethos of Independent Schools Independent schools educate children and young people within a curriculum underpinned by a particular set of values or ethos. Feedback from member schools indicated that a significant reason behind parents choosing particular Independent schools is the cohesion between the values at the school and the home. Parents choose individual Independent schools because they meet the education needs of their children and have values and an ethos consistent with their belief systems. In some cases, parents choose particular schools because the school has a commitment to traditional family values. In 2004, a research project found that the religious or moral values of the school were important in parents choice of a non-government school (SMH 2004). For some member schools the secular nature of the school was an important consideration for some parents in their decision. Parents are, and should be, the primary definers of the value and belief systems of their children and have a right to choose the education that best meets the needs of their family. Any impediment to a member schools ability to operate according to its ethos, whether it be based on a religious faith or educational philosophy, is an attack on the fundamental entitlement of Independent schools to provide choice to parents in order to enable them to educate their children in a school which is consistent with their values and beliefs. It is appropriate for parents to expect that if they choose an Independent school based on the schools adherence to a particular religious ethos, then the school will operate within and according to that ethos. Government policy should support this with the parameters of the law. The religious foundations of a school are interwoven into all aspects of the school life. The education process is not separate from the faith of the school community. It is vital that the right of religious schools to view curriculum through their religious beliefs is protected. On occasions government sector representatives demonstrate little or no understanding of the role of religious faith in the life of a school or across the curriculum. It is essential that current exemptions, which enable faith based schools to operate in accordance with the (religious) principles and beliefs that the institution is founded on remain. This issue is discussed in more detail at 6.0. 3.3. Key Characteristics of the Sector Independent-non-government schooling has some key characteristics which include: The ability to establish and maintain school education within an agreed ethos, whether that be religious and/or education philosophy. In regard to a number of schools in the Independent school sector the schools have been formed as extensions of ministries Direct accountability of both the governance and management of the institutions High levels of local decision making particularly in relation to staffing and curriculum and approaches to governance and management Work in partnership with school associations or school system authorities Recognition that the quality of education and high standard outcomes is the responsibility of parents, the school community, school boards and management Strong emphasis on pastoral care programs and engagement of the community Ability to be innovative and responsive to the communitys social and economic needs Significant contribution to building community and extending that ethos to other communities beyond the school. There is an expectation across member schools and school authorities within the sector that governments should continue to respect the above characteristics and establish a regulatory context which will enable these features to be retained. There can, however, be potential conflicts in cases where governments make top-down decisions which impact on the autonomy of Independent schools. For example, under the accountability requirements for the Schools Assistance (Learning Together-Achievement Through Choice and Opportunity) Act 2004 all schools were required to display prominently a Values for Australian Schooling poster as a condition for receiving governing funding. Member schools who provided feedback for this response indicated that in this instance the values in the poster were consistent with the values of the schools and hence this was not a problem. However, they identified a potential for difficulty if the values were seen to be inconsistent with the values of the school raising the question as to who defines the community standard and who defines what constitutes Australian values. 4.0 CITIZENSHIP AND AUSTRALIAN VALUES. BALANCING INTEGRATION AND CULTURAL PRESERVATION 4.1. Promotion of Key Values and Understanding Opponents of non-government schools often claim that they create division. Embedded in this claim is an assumption that greater social cohesion is achieved through one type of school system. Member schools indicated that encouraging social cohesion and promoting other key values including respect, care and courtesy, are covered across the Key Learning Areas of the curriculum. These values are considered as essential in the treatment of all people and cultures. Schools emphasised the importance of teaching these values as applicable to all. A number of member schools have formed relationships with schools across the school sectors with the aim of generating understanding, connection, awareness and friendship. For example one religious school has developed relationships with a number of buddy schools outside of that faith across both the government and non-government school sectors. In addition, the whole community is invited to experience an important religious celebration held by the College. The AISSA provides a number of forums where school leaders (Principals and Board members) and teachers are involved in formal meetings and professional development activities. This has created a culture of collegiality between schools from very diverse religious and educational backgrounds. 5.0 CIVIC RESPONSIBILITY, RIGHTS, PARTICIPATION AND KNOWLEDGE 5.1. Civics and Citizenship Programs in Independent Schools Member schools indicated that a key element of all schools is to produce good citizens. South Australian Independent schools have a long-established history of promoting active citizenship and community service as part of their school ethos. Independent schools undertake a range of activities which promote citizenship including pastoral care programs, volunteer work in community organisations, participation in a variety of national and international youth forums and financial and active support for charitable organisations. In addition, a number of Independent schools also have Student Representative Councils or groups which offer students opportunities to engage in democratic processes. The curriculum of all South Australian Independent schools is assessed through the registration process, discussed above, against the eight Key Learning Areas. Along with English, Mathematics, Science and Information and Communication Technologies, Civics and Citizenship Education has been a national priority for Australian schooling through the Adelaide Declaration on National Goals for Schooling in the Twenty-First Century 1999. The emphasis on the importance of Civics and Citizenship is also maintained in the newly released 2008 Melbourne Declaration on Educational Goals for Young Australians in which Civics and Citizenship is included under the Humanities and social sciences learning area. In addition, Inter-cultural awareness is a key area in the International Baccalaureate Middle Years Program. Civics and Citizenship is assessed as part of the National Assessment Program which has been agreed to by all state/territory Ministers for Education. The assessment measures and reports on civic knowledge and understanding and the skills and values needed for active citizenship. 5.2. Building Community Independent schools make a significant contribution to building community. The AISSA has recently produced a series of publications, Building Communities, which highlight the contributions of Independent schools in the building of community both locally and internationally. A key theme running through the publications is the emphasis that South Australian Independent schools place on teaching students the value and responsibility of service to others. 6.0 SHOULD RELIGIOUS ORGANISATIONS (INCLUDING RELIGIOUS SCHOOLS, HOSPITALS AND OTHER SERVICE DELIVERY AGENCIES) EXCLUDE PEOPLE FROM EMPLOYMENT BECAUSE OF THEIR SEXUALITY OR THEIR SEX AND GENDER IDENTITY? 6.1. Overview It is clear that there is significant legislative precedence across Australia for recognising the right of religious bodies and institutions to operate in accordance with the (religious) principles and beliefs that the institution is founded on. South Australian legislation, for example, enables Independent schools to operate according to the precepts of their religion, upon which the school has been founded and is administered (South Australian Equal Opportunity Act 1982, clause 50(2)). Respect for freedom of religion and belief has also been recognised on Federal and (other) State levels within Australia through various legislation including the Human Rights & Equal Opportunity Commission Act 1986, the Equal Opportunity Act 1995 (Vic), the Anti-Discrimination Act 1991 (Qld), and the Western Australian Equal Opportunity Act 1984 (HREOC: 1). It is necessary to emphasise that exemptions are only applicable in cases where there is a genuine commitment by the institution to religious tenets and beliefs and that the actions are in accordance with those beliefs. AISSA considers that this provides the appropriate balance between the rights of all parties. 6.2. Application of Ethos to Employment of Staff It is a central tenet of Independent schools that staff, and the wider school community, will be committed to the underlying philosophies (educational and/or religious) and principles of the school. For the majority of Independent schools in South Australia, it is critical that they have the ability to employ staff across all occupations who share the religious values of the school. The values and ethos of the school provide the context for all aspects of school life including the educational programs. Religion in Independent schools underpinned by a religious belief is embedded in the very essence of the school including, school policies and practices, pedagogy, the curriculum and the co-curricular activities of the school. In many religious Independent schools it is a necessity that staff be committed to the religion of the school and model their lives on the religions values and beliefs. This applies to the employment of all persons, including non-teaching staff. In regard to a number of schools in the Independent school sector staff perform what is, in essence, a ministerial role as the schools have been formed as extensions of ministries. There is an expectation that staff in these schools embody the values of the school both within and outside of school life. This necessitates that school employees conduct themselves in a manner consistent with the principles of the school both within school hours and outside of school hours. Schools are community based organisations and consequently substantial interaction often occurs within the school community outside, as well as inside, of school hours. Moreover, beliefs are embodied in every part of a person's being. Consequently, a persons faith affects the whole of their life and actions and is not confined to the words that they say or repeat within particular situations or times. In a number of religious schools a commitment to the beliefs and principles of the school, requires that all staff be committed to monogamous heterosexual relationships. However, it needs to be noted that this forms only one part of a commitment to Christian principles that is expected in these schools. If employees do not meet these requirements then they act contrary to the very essence of the school, which may have a detrimental impact on their ability to fulfill their responsibilities to students, as expected by parents and the school community. 鱨վ and young people respect teachers when they see commitment in action. If the commitment is hollow then children and young people are less likely to be respectful, compromising the learning environment of the school. The viability of the school may also be threatened through a potential for loss of student enrolments. The requirement that an employee is committed to the principles of the relevant organisation is not limited to the school environment and can be seen in other employment areas. For example, the Selection Criteria, for an employment position in one Australian Union, lists Demonstrated commitment to trade unionism and social justice under its Essential Criteria. ( HYPERLINK "http://www.cpsu.org.au/aboutus/topics/2318.html#Selection_Criteria" http://www.cpsu.org.au/aboutus/topics/2318.html#Selection_Criteria accessed 21/01/09). 6.3. Retention of Current Exemptions As noted above exemptions in Equal Opportunity law which enable religious schools to operate in accordance with the (religious) principles and beliefs that the institution is founded on are only applicable in cases where there is a genuine commitment by the institution to religious tenets and beliefs and that the actions are in accordance with those beliefs. There is no evidence that the clause in the South Australian Equal Opportunity Act has been misused. If Australia is to remain a diverse and multi-faith and multi-cultural society it is essential, that the religious and cultural belief systems of Australians relating to sexuality and same-sex relationships, continue to be respected in any legislative reforms. The AISSA considers that the current system of exemptions provides the appropriate balance between the rights of all parties. The AISSA calls on the Review Team to recognise the importance of religion and religious beliefs and to recommend that exemptions which protect the right of faith based schools to operate in accordance with the religious tenets and beliefs upon which they have been founded remain protected. 7.0 CONCLUDING COMMENTS Australia is a nation founded on plurality and this is a key strength of the nation. As noted previously all people come to social and political debates with particular world views or value/belief systems and it is inevitable that these world views or value/belief systems will at times come into conflict. On some matters there will be significant disagreement. We reiterate that Australian society should not hide from these disagreements and that they do not undermine the social fabric of Australian life. Moreover, Australia has a robust political process which enables the views of Australian citizens to be taken into account in the enacting of legislation. 8.0 REFERENCES Human Rights and Equal Opportunity Commission (HREOC) The Human Rights and Equal Opportunity Commission Act 1986 (Cth): its application to religious freedom and the right to non-discrimination in employment available at http://www.hreoc.gov.au/human_rights/religion/index.html. Sydney Morning Herald (2004) Discipline and Values more important than academic excellence. (published 9/08/04).  A range of childrens services are also provided within the Independent school sector, including early learning centres, child care, before and after school care and vacation care. In the majority of cases these services are administered as an extension of the education and care services already provided by each Independent school.  Legislation has been introduced into the South Australian parliament which amends this clause. The amended clause retains the right of religious schools to not employ a person on the grounds of sexuality where to do so would be in conflict with the precepts of the religion.  The AISSA is aware that a review of the exceptions under the Victorian Act is currently being undertaken.  However, it needs to be noted that the broader principle applies to other schools in the sector.     PAGE  PAGE 2 Uadx{~# $ m n A B   f g H I * + y z  <=#$no+,{|fgh B*^Jphh h B*^Jph%h h 56B*\]^Jphh h 5B*\^Jphh h 5B*^JphHU =>,->? 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