Western Australia Introduces Major Equal Opportunity Law Overhaul

The Cook Labor Government in Western Australia introduced the Equal Opportunity Bill 2026 to Parliament on October 20-21, 2026, marking the most significant reform of the state's equal opportunity laws in forty years[1][9]. This legislation aims to bring Western Australia in line with other Australian states in protecting against discrimination and harassment[9].

This bill matters because it expands anti-discrimination protections for a broader range of individuals and attributes. It changes the rules for religious schools regarding LGBTQIA+ staff and students, and creates new avenues for people to report vilification.

The Bill's Provisions

The Equal Opportunity Bill 2026, introduced on October 20-21, updates Western Australia's Equal Opportunity Act 1984, incorporating recommendations from a 2022 Law Reform Commission review[1][9][11]. A central change affects religious schools: they can no longer fire teachers or expel students based on sexuality[4][5][7]. Attorney General Dr. Tony Buti stated that religious institutions will keep an exemption, but it applies “purely on religion, not on sexual orientation or sexuality”[4][5][7]. Schools can discriminate at the point of hiring or enrollment “purely on the basis of the religion, not on the basis of any other attribute”[4]. Once hired or enrolled, the exemption only applies if religion is an inherent job or enrollment requirement[4].

The bill allows complaints to the Equal Opportunity Commissioner for vilification based on disability, race, religion, sexual orientation, gender identity, or sex[1][2][8]. It expands protected attributes to include people experiencing homelessness, those exposed to family and domestic violence, and pregnant or breastfeeding individuals[1][2][8]. Those with carer responsibilities and individuals involved in trade union activities are also protected[1][2][8]. Businesses, schools, and organizations must take reasonable steps to prevent discrimination, harassment, and vilification, based on their size and resources[1][2][5][8]. They also need to make reasonable adjustments for employees and students with disabilities, pregnant individuals, breastfeeding mothers, or those with carer responsibilities[1][2][5][8]. Public officials like judicial officers, local councillors, and Members of Parliament are now prohibited from discriminating against or harassing people working with them[1][2][5][8][11]. The bill removes the disadvantage test from the definition of sexual harassment, following recommendations from the 'Enough is Enough' report[1][13].

Public Reactions

Premier Roger Cook stated publicly that the new laws emphasize that “hate is not okay in WA” and that “Nobody should face discrimination or abuse based on their race, religion, sexuality, or disability”[1][7][9]. He added, “Every Western Australian deserves to live life free from discrimination, harassment, vilification, and victimisation”[1][8]. Attorney General Dr. Tony Buti called the modernization “long overdue”[7]. Greens leader Dr. Brad Pettitt welcomed the legislation but voiced concerns about religious exemptions, hoping for their minimization or elimination[3]. Faith-based school groups worried the changes go too far, specifically regarding their ability to require staff to uphold religious standards in personal beliefs or private lives[4][10][12].

What we could not confirm

It remains unconfirmed how the “inherent requirement” clause for religious exemptions will be interpreted and applied by religious schools and the Equal Opportunity Commissioner. The exact timeline for the bill's passage through Parliament and its final implementation date are also not yet confirmed.