Govt tables advice on religious discrimination reforms

The Albanese government could remove some exemptions for religious schools in Australia's discrimination legislation, the Australian Law Reform Commission has advised.

The commission has presented advice to the government on its commitment to reform the way discrimination legislation applies to religious institutions.

It deals with discrimination on the basis of sex, sexual orientation, gender identity, marital or relationship status or pregnancy.

The commission made two major recommendations, which suggest amendments to the Sex Discrimination Act and the Fair Work Act.

The report advises that the government could repeal Section 38 of the Sex Discrimination Act.

This section includes protections for religious schools around employment and dismissal of staff, and admission and expulsion of students.

Attorney-General Mark Dreyfus stressed that the report was not "from the government", but rather "advice to the government".

He said the Albanese government would "continue to consider it".

"No one should be discriminated against because of their faith," he told Parliament on Thursday.

"Equally, no students or member of staff should be discriminated against because of who they are.

"At the same time, religious schools must continue to be able to build and maintain communities of faith."

The government has drafted two pieces of legislation dealing with religious discrimination reforms, but will not table them in Parliament without bipartisan support.

It wants to avoid divisive debate on the issue, citing rising anti-Semitism and Islamophobia.

On Tuesday, Opposition Leader Peter Dutton said he had not yet seen the legislation.

But he criticised Prime Minister Anthony Albanese harshly for the government's plan to walk away from the reforms without bipartisan support, calling it a "setup".

Mr Dreyfus said the government was seeking "an enduring solution that strengthens protections for all of us; for students, for teachers, for people of faith".

"And that's why bipartisan support for solutions is essential," he said.