Christian school appeals haircut tribunal ruling

A school has appealed a ruling that it is unlawful to force a Pacific Islander boy to cut his traditional long hair. But the timing of the appeal could render it pointless.

Wendy Taniela with her son Cyrus. Australian Christian College Moreton is appealing a ruling that he does not have to cut his hair.

A southeast Queensland school will appeal a tribunal ruling that it could not force a Pacific Islander boy to cut his hair, which is kept long for cultural reasons.

But by the time the appeal is heard, Cyrus Taniela may well have had his flowing locks cut anyway.

Cyrus, 6, who is of Nuie and Cook Islands heritage, keeps his hair in a neat bun while at school. For traditional reasons he cannot have it cut until he turns seven.

Australian Christian College Moreton tried to cancel Cyrus’ enrolment because it has a short-hair rule for boys, but the Queensland Civil and Administrative Tribunal ruled last month it was unlawful for the school to make him wear his hair short.

QCAT found that the college engaged in direct and indirect discrimination on the basis of Cyrus’ race.

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The school last week lodged an appeal challenging the tribunal’s ruling, however due to a lengthy case backlog it is possible the matter will not be heard until next year when Cyrus is due to have a haircut.

“This is more stress and worry, just when we thought it was all over,’’ family spokesman Archie Ataiau said.

“It (the tribunal ruling) was announced at a big gathering in the Cook Islands, with a minister there, and they all jumped with joy.

“I guess we now have to sit back and wait.

“We were kind of aware the school was heading down this path. Wendy (Cyrus’ mother) was overjoyed when we got the outcome, but she knows there’s a process we’ve got to get through.’’

The college was contacted for comment, however it was a public holiday in Moreton on Monday.

Mrs Taniela said, at this stage, Cyrus’ haircutting ceremony was scheduled for September next year but that might change due to COVID-19.

Last week the college sought leave to appeal QCAT’s ruling, stating that it erred in law, or in fact, by accepting that Cook Island/Nuie tradition was that haircutting ceremonies should take place at a time of choosing by parents.

“There was no evidence it was part of the said cultural practice …’’ the appeal document stated.

The college will argue that the Taniela family could have found out about its uniform policy before enrolling Cyrus, and held a haircutting ceremony before he turned seven.

It also will argue that QCAT erred in not testing whether the uniform policy was the “basis for any less favourable treatment, as opposed to race’’.