New laws to prevent WA schools discriminating against LGBTQIA+ staff, students

Tony Buti announced the proposed new laws outside Parliament House.  (ABC News: Keane Bourke)

Religious schools will no longer be allowed to sack teachers or expel students due to their sexuality, or to reject students due to a disability, under new laws proposed by the Western Australian government.

Religious institutions, including schools, will still be allowed to discriminate based on religion, but not other grounds under a rewrite of the state's Equal Opportunity Act.

Attorney General Tony Buti said that would stop institutions discriminating against people in the LGBTQIA+ community.

"The exemption is purely on religion, not on sexual orientation," he said.

Tony Buti says religious schools will still be able to choose not to hire people based on their religion. (ABC News: Keane Bourke)

The proposed laws will also include broader protections against discriminating against a person's disabilities in all circumstances, including schools.

Felicity Creagh is a mother of two autistic children and said she was "relieved and encouraged" to see the government's proposed laws.

"For families like mine, this is about more than legislation. It means we have a greater chance of being heard, believed, and taken seriously," she said alongside Dr Buti at a press conference.

Felicity Creagh says the proposed laws will give her family the chance to be seen and heard.  (ABC News: Keane Bourke)

"It means stronger protections when we ask for reasonable adjustments and accommodations for our children."

Dr Buti said the bill was the biggest overhaul of the state's anti-discrimination laws in more than 40 years, and would widen the scope of who was protected.

It will seek to outlaw discrimination against people who are homeless, exposed to domestic violence, who are pregnant or breastfeeding, or involved in union activity.

The proposed laws come after an initial tranche of laws in 2024 which the WA government implemented aimed at improving the lives of people in the LGBTQIA+ community. 

Those laws removed the need to undergo medical or surgical reassignment to change a person's sex or gender, and abolished the state's Gender Reassignment Board which managed applications for gender changes.

The WA government's latest proposed overhaul follows Independent MP Allegra Spender's calls to reform federal laws which exempt religious institutions from the Sex Discrimination Act. 

Roger Cook says nobody should face discrimination. (ABC News: Keane Bourke)

WA Premier Roger Cook said his message was clear: "Hate is not OK in WA."

"Nobody should face discrimination or abuse based on their race, religion, sexuality or disability."

Shadow Attorney General Nick Goiran said the opposition would carefully scrutinise the bill once it was introduced in parliament on Wednesday.

"The current Equal Opportunity Act is more than 200 pages, so it is reasonable to expect the government's proposed rewrite is at least as long," he said.

"In that context, the Opposition will carefully scrutinise the bill once it is introduced, consult with those impacted, and test the premier's assertion that these changes will bring Western Australia into line with other states."