Moreton Christian school loses bid to force boy to cut long hair

A Christian school north of Brisbane has received a court verdict after a two-year battle to force a primary school boy to cut his hair before a planned, traditional ceremony. READ THE RULING

A Cook/Niue Islander family has won an epic two-year battle to be allowed to cut their son’s hair at a traditional ceremony, at a time of their choosing, after his school lost a tribunal appeal.

The case made national headlines in 2020 when Australian Christian College (ACC) told Cyrus Taniela’s parents that the boy, then a Prep student aged five, must cut his hair short in line with its policy for male students.

The family took the matter to the Queensland Civil and Administrative Tribunal, arguing it was discriminatory because in Islander tradition Cyrus could not have his hair cut until a ceremony at the age of seven.

Cyrus Taniela pictured at age 5 when the row first blew up. Picture: John Gass

Covid lockdowns had also made it hard for relatives from around Australia and the Pacific to attend a ceremony until recently.

Cyrus’ mother, Wendy, said her son always had his hair neatly tucked up in a bun when he was at school.

Ms Taniela, who was contacted for comment, said at the time that the family otherwise loved ACC and did not want to move as they liked the school’s religious focus.

The school appealed the July, 2020 ruling the following month.

It argued — among other points — that QCAT erred in law, or in fact, by accepting 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.

Wendy Taniela with Cyrus, showing how he had his hair up in a neat bun when at school.

In a complex ruling handed down earlier this week, QCAT essentially upheld the original ruling that the school had acted in a discriminatory way.

It allowed three of the appeal grounds, but refused the other three.

ACC was contacted for comment.

“In our view, no material error in the exercise of the Tribunal’s discretion is demonstrated,’’ the ruling stated.

“It was open on the evidence for a finding of indirect discrimination to be made.’’

The ruling went on to say that although there was no challenge to ACC’s evidence about the impact an exception to its uniform policy could have on discipline, any impact would not be “extensive’’.

There also was only a potential for “adverse effects’’.

Australian Christian College has effectively lost an appeal to QCAT.

QCAT said the Tanielas could have found out about the school’s policies before enrolling Cyrus, but that did not prevent the application of the Anti-Discrimination Act 1991 (Qld).

“Further, the Tribunal considered, the policy could not be applied without exception, and requiring compliance failed to acknowledge the protections afforded by the Anti-Discrimination Act,’’ the appeal ruling stated.

It is not known if the boy’s hair has now been cut. A ceremony was previously scheduled at a location in Sydney, but had to be delayed due to Covid.