The federal commonwealth legislation includes the racial discrimination act 1975 cth, the. Commonwealth laws and the stateterritory laws generally overlap. The commonwealth government has implemented some of these obligations through legislation such as the. It was a legislative expression of a new commitment to multiculturalism, and reflected the ratification by australia of the international covention on the. Antidiscrimination laws in australia raising children. It is an objective of the fair work act 2009 to prevent discrimination in the workplace. Anti discrimination act through this study students explore, explain and evaluate national and global political issues, problems and events, the forces that shape these and responses to them. Overview of bill the object of this bill is to amend the anti discrimination act 1977 as follows. You are directed to information on how your personal information is protected.
Consolidation of commonwealth antidiscrimination laws attorney. The equal opportunity act 2010 victorias anti discrimination law protects people from discrimination and harassment in areas of public life such as workplaces, schools, clubs, shops or places that provide services. The disability standards for education 2005 the standards were developed under the disability discrimination act 1992, and came into effect in august 2005. List of exemptions in commonwealth anti discrimination l. Act to bind crown part 2 anti discrimination commissioner 5. Equal opportunity act equal opportunity commission. It is under the jurisdiction of the nsw attorney generals department. Antidiscrimination legislation in australia skillmaker. Federal register of legislation australian government. Antidiscrimination board nsw promotes anti discrimination, equal opportunity, administers the anti discrimination laws, and handles complaints under the anti discrimination act 1977 nsw. Disability standards for education 2005 department of. Act ground section comment a a spouse of the employee. Anti discrimination legislation is a law that prohibits people from discriminating against other people. Australia has obligations under a number of international human rights treaties to take measures to eliminate discrimination including on the basis of age, race, sex, pregnancy, marital status and disability.
Versions of this act includes consolidations, reprints and as passed versions subsidiary legislation made under this act current versions history of this act. Board means the antidiscrimination bo ard constituted under this act. The new south wales anti discrimination act 1977 is an act of the nsw parliament, relating to discrimination in employment, the public education system, delivery of goods and services, and other services such as banking, health care, property and night clubs the act prohibits unlawful racial, sexual and other types of discrimination in certain circumstances and promotes equality. Racial hatred, defined as a public act s likely to offend, insult, humiliate or intimidate on the basis of race, is also. Anti discrimination act 1977 as at 26 september 2019 act 48 of 1977 table of provisions long title part 1 preliminary 1. A quick guide to australian discrimination laws pdf.
There are a number of common exemptions in three of the four commonwealth antidiscrimination laws age discrimination act 2004, disability discrimination. Anti discrimination search topics, policy, events, resources year filter by year 2020 2019 2018 2017 2016 2015 2014 20 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001. An act to make certain kinds of discrimination unlawful and to provide for related matters. This act may be cited as the antidiscrimination amendment act 2001. Australian capital territory discrimination act 1991 act. Workplace discrimination fact sheets fair work ombudsman. Antidiscrimination legislation parliament of australia. The disability discrimination act 1992 dda prohibits discrimination, including indirect discrimination and harassment, on the basis of disability enables complaints to be lodged by or on behalf of a person who believes there has been discrimination on the basis of having a disability or of being an associate of a person with a disability. Anti discrimination act 1977 page 3 anti discrimination regulation 2019 nsw published lw 16 august 2019 2019 no 381 1 name of regulation this regulation is the anti discrimination regulation 2019.
The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled law. Then each state also has their own antidiscrimination laws which follow. How antidiscrimination law affects hotels 1 of 3 pages 3 role of the nsw antidiscrimination board the antidiscrimination board the board was set up under the antidiscrimination act 1977 to administer that act. The consolidation of federal antidiscrimination laws provides an opportunity to consider the existing. The queensland anti discrimination act 1991 is an act of the parliament of queensland that provides protection against unfair discrimination, sexual harassment, and other objectionable conduct. There are a range of anti discrimination laws and you may prefer to raise your concerns with the australian human rights commission on 0 369 711 or your relevant state or territory anti discrimination body. Both federal and state discrimination legislation provide for a process by which complaints of harassment are made to an administrative body which will investigate the complaint and attempt to achieve a settlement between the parties. In south australia it is unlawful to discriminate in. Discrimination victorian equal opportunity and human rights. Nswnma policy on discrimination in employment nsw nurses. The racial discrimination act 1975 was the first major anti discrimination legislation passed in australia, aimed at prohibiting discrimination based on race, ethnicity, or national origin. What constitutes discrimination on the ground of race division 2 discrimination in work 8.
The parliament of australia has enacted a number of anti discrimination laws relying on the. The australian disability discrimination act 1992 is an australia wide law that says that people cant be treated unfairly because they have past, existing or future disability. Antidiscrimination laws exist at both a federal and state level. The racial discrimination act 1975 cth was a landmark in australian race relations. Displayed here are links to compilations of the principal, the most current at the top of the list. The equal opportunity commission respectfully acknowledges the past and present traditional owners of western australia and pays respects to the traditional custodians of this land.
In addition to the federal legislation, each state and territory in australia has equal opportunity and anti discrimination agencies, with statutory responsibilities. Jurisdictions within australia moved shortly after to prohibit discrimination on the basis of sex, through acts including the equal opportunity act 1977 and. Australia queensland antidiscrimination act part 4, division. The equal opportunity act 1984 sa only covers discrimination that happens in public life, not in private. Australia queensland antidiscrimination act part 4. This is a compilation of the age discrimination act 2004 that shows the text of the law as amended and in force on 1 july 2018 the compilation date.
The age discrimination act is the weakest of all the anti discrimination legislation. Contents anti discrimination act 1998 part 1 preliminary 1. The racial discrimination act came into force on 31 october 1975 with the purpose of protecting people against prejudice. A quick guide to australian discrimination laws australian. However, the laws apply in different ways and employers must comply with all legislation. Act 1992 dda, which focuses specifically on disability discrimination, the queenslands antidiscrimination act 1991 addresses discrimination across a range of areas. An act to prohibit discrimination and other specified conduct and to provide for the investigation and conciliation of, and inquiry into, complaints in relation to such discrimination and conduct. In contrast to the commonwealth disability discrimination. Commonwealth antidiscrimination legislation into one act will reduce the regulatory burden and drive. Australia s antidiscrimination law page content in australia, it is unlawful to discriminate on the basis of a number of protected attributes including age, disability, race, sex, intersex status, gender identity and sexual orientation in certain areas of public life, including education and employment. Yet the first commonwealth anti discrimination statute was passed only in 1975, and some new commonwealth anti discrimination protections adps are only a decade old, e. A quick guide to australian discrimination laws 3 legislation and grounds of discrimination areas covered racial discrimination act 1975 discrimination on the basis of race, colour, descent or national or ethnic origin, and in some circumstances, immigrant status. Federal law operate concurrently with stateterritory laws, so both sets of laws must be followed.
Australias antidiscrimination law attorneygenerals. Overview of bill the object of this bill is to amend the antidiscrimination act 1977 as follows. Summary of antidiscrimination and other equality legislation. Types of discrimination victorian equal opportunity and. Antidiscrimination amendment religious freedoms bill 2018 b2018022a. Anti discrimination australia workplace discrimination. Act done because of unlawful discrimination and for other reasons 4b. The act prohibits discrimination against disabled people in the areas of employment, the provision of goods, facilities, services and premises and education. Antidiscrimination laws in australia raising children network. Age discrimination act 2004 australian human rights commission act 1986 disability discrimination act 1992 racial discrimination act 1975 sex discrimination act 1984 fair work act 2009 victorian legislation equal opportunity act 2010 racial and religious tolerance act 2001 vic category human resources.
Antidiscrimination regulation 2019 nsw legislation. Antidiscrimination board andor the australian human rights commission. Chapter 2 discrimination prohibited by this act complaint part 1 act s antidiscrimination purpose 6 act s antidiscrimination purpose and how it is to be achieved. Australia queensland antidiscrimination act part 4, division 3education area subdivision 1prohibitions in education area 37 explanatory provision prohibitions an educational authority must not discriminate in the education area if a prohibition in section 38 or 39 applies. Australian antidiscrimination laws framework, developments. In 1991 the queensland parliament passed the anti discrimination act which aims to protect people in queensland from unfair discrimination, sexual harassment and other objectionable conduct and provides a means to bring a complaint and have it resolved. The role of the antidiscrimination act 1991 qld is to.
Authorised by the act parliamentary counselalso accessible at. The main commonwealth anti discrimination laws are. The state of tasmania the department of premier and cabinet 2020 ver. In 1991 the queensland parliament passed the antidiscrimination act which aims to protect people in queensland from unfair discrimination, sexual harassment and other objectionable conduct and provides a means to bring a complaint and have it resolved. You can be discriminated against directly or indirectly.
Australian human rights commission act 1986 discrimination on the basis of race, colour, sex, religion, political opinion, national extraction, social origin, age, medical record, criminal record, marital or relationship status, impairment, mental, intellectual or psychiatric disability, physical disability, nationality, sexual orientation, and trade union activity. If the matter does not resolve the complainant may seek. Youre legally protected from discrimination by the equality act 2010. Director of equal opportunity in public employment. If you are a member of a trade union or employee association, they may also be able to help you. Antidiscrimination amendment religious freedoms bill 2018. Anti discrimination act 1977 no 48 historical version for 8. Some anti discrimination acts contain a number of other more c ontentious exemptions, including exemptions for clubs, voluntary and religious bodies, and educational institutions established for religious purposes. The act defines disability, as well as lawful and unlawful discrimination. Australian capital territory discrimination act 1991 act new south wales antidiscrimination act 1977 nsw. Royal assent 18 december 1998 be it enacted by his excellency the governor of tasmania, by and with the advice and consent of the legislative. Act binds crown part 2 racial discrimination division 1 general 6. Antidiscrimination act 1977 as at 26 september 2019 act.
The purpose of the act is to promote equality of opportunity for everyone by protecting them from unfair discrimination in certain areas of activity, including work, education and accommodation. We do not play both sides of the fence, there is no conflict of interest, in fact, employers fear us. Aboriginal and torres strait islander peoples are advised this website may contain images and references to people who have died. There are federal, state and territory laws in australia to protect people from discrimination and harassment. Antidiscrimination act 1998 tasmanian legislation online. Western australian legislation equal opportunity act 1984. Discrimination victorian equal opportunity and human. The australian disability discrimination act 1992 is an australiawide law that says that people cant be treated unfairly because they have past, existing or future disability. Antidiscrimination act 1977 as at 26 september 2019.
Consistently voted australia s number 1 for workplace discrimination dispute resolution we are known in australia as the go to place involving all matters under the topic of workplace discrimination. The growth of anti discrimination law has been driven by the rise of identity politics including the institutionalisation of an identity. Antidiscrimination act 1991 queensland legislation. The australian human rights commission administers the act and decides what to do if there. A public act that threatens or incites violence towards a group of people on the basis of race, religious belief or affiliation, sexual orientation, gender identity, intersex status or hivaids status is a criminal offence that should be referred to the police. Australias antidiscrimination law page content in australia, it is unlawful to discriminate on the basis of a number of protected attributes including age, disability, race, sex, intersex status, gender identity and sexual orientation in certain areas of public life, including education and employment. Act done because of unlawful discrimination and for other reasons.
Australia s antidiscrimination law page content in australia, it is unlawful to discriminate on the basis of a number of protected attributes including age, disability, race, sex, intersex status, gender identity and sexual orientation in certain areas of. The australian human rights commission has statutory responsibilities under the age discrimination act 2004, australian human rights commission act 1986, disability discrimination act 1992, racial discrimination act 1975, and the sex discrimination act 1984. A paper provided by the australian human rights commission ahrc notes the view that. Our company complies with all anti discrimination laws, including title vii of the civil rights act of 1964, americans with disabilities act ada and age discrimination in employment act adea.
An act relating to discrimination on the ground of disability. The breadth and range of the exemptions provided in the age discrimination act are also problematic, and potentially undermine the. You are directed to a disclaimer and notice governing the information provided. Mention that any sort of discrimination based on race, color, religion, sex e. The act was passed by the queensland parliament on 3 december 1991, received assent on 9 december 1991, and commenced on 30 june 1992. Chapter 2 discrimination prohibited by this act complaint part 1 act s anti discrimination purpose 6 act s anti discrimination purpose and how it is to be achieved. Australian antidiscrimination laws framework, developments and issues. Law and practice 2nd ed, 2004 for a useful summary of. Temporary exemptions the australian human rights commission is able to grant temporary exemptions from some. Australian charities and notforprofits commission consequential and transitional act 2012 c2012a00169.
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