TOWARDS A RESPONSIVE LAW PARADIGM FOR FAITH WORK

This article explores the private law and employment status of faith workers. Although faith workers generally lack statutory employment rights enjoyed by the majority of Australian workers, judicial and bureaucratic responses to this lacuna leave much to be desired. The article sets out a theoretical framework for understanding the character and historical dimensions of faith workers' employment situation. Drawing on the work of Philip Selznick, it calls for a 'responsive law' approach to remedy the problem. It also surveys recent developments in the United Kingdom which could provide guidance for Australian policy and legal initiatives.