A Perth man has lost a legal fight for his daughter's government school to remove the word 'God' from its school creed.
The father, who WAtoday has chosen not to name, claimed his family, including his six-year-old daughter, were atheists and the religious reference was an act of discrimination against his child.
The girl was enrolled at Edgewater Primary School, a northern suburbs public school attended by around 420 students.
At school assemblies students sing a popular school creed - 'This is our school' - sung in varied versions at many primary schools across Perth, which includes the lines, "Let love abide here, love of one another, love of mankind, love of life itself, and love of God".
After meetings between the father and principal, the school decided the best course of action for the six-year-old girl was for her to either not sing the creed, or replace the words, 'love of God', with 'love of family' or 'love of life' - which she did.
But the student's father said the solution excluded her from being included in the school's shared values and that it had led her to have "negative feelings and emotions".
He took his fight to the Equal Opportunities Commission in March 2016 alleging discrimination against the director general of the Department of Education.
The Commission dismissed the application three weeks later, prompting the father to refer the complaint to the State Administrative Tribunal.
He argued the 2011 Census showed around two thirds of Australians reported an affiliation with a Christian religion while nearly one fifth reported having 'no religion'. Buddhism, Islam and Hinduism religions accounted for around six per cent of the population.
"[My daughter] will feel different to others, by not feeling part of the school, due to the discriminatory creed," he told the EOC.
"The school represents an authority figure and institution that should include all children, with the creed being a representation of that school's beliefs.
"The mere act of having to substitute a word or phrase, or not say a word or phrase in the creed, treats [my daughter] differently to those of monotheistic belief."
The School Education Act allows for public schools to teach no more than one hour a week of "general religious education" which can include "prayers and songs" – but it must not promote any particular religious practice or denomination.
A Department of Education spokeswoman said the authority did not keep records of how many Perth schools sung versions of the popular school creed, or how many had elected to remove the reference to God.
"Public schools teach students about major religions as part of the curriculum," she said.
"Principals may also decide, in consultation with the school board, to provide a special religious education program where an external person, who has been authorised to represent a particular religion, provides religious education lessons to students."
Edgewater Primary School's creed has been sung at the school since the mid-1980s.
All students are told when they enrol they do not have to say anything they do not believe in and can replace the word 'God' in the school creed with 'family' if they preferred. It is also not compulsory to attend the part of the assembly when the school creed is recited.
The school has a diverse background with students identifying as Catholic, Anglican, Jehovah Witness, Hindu, Muslim, Judaism and of no religion.
State Administrative Tribunal senior member Jack Mansveld dismissed the father's submission including the word 'God' in the creed was discriminatory on May 29, claiming there was no evidence his daughter's religious conviction had led to her being disadvantaged by the school.
"I am not convinced that the school creed is an obviously religious statement despite the line, and love of God. It is one of ten lines, the other nine of which do not contain any overt religious symbolism," he said in his judgement.
"In the case of [the student], there is no substantive evidence before the tribunal that she has been subjected to any detriment other than assertion by [the father] that her alleged 'exclusion' is capable of producing negative feelings and emotions.
"I am not satisfied that the complaint of indirect discrimination has been made out."
Edgewater Primary School's school creed
This is our school
Let peace dwell here.
Let the rooms be full of contentment.
Let love abide here,
Love of one another,
Love of mankind,
Love of life itself,
And love of God.
Let us remember that as many
Hands build a house,
So many hearts make a school.
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