Anti-discrimination Laws In Australia
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Anti-discrimination Laws In Australia
Anti-discrimination laws in Australia have been enacted at both federal and state/territory levels to outlaw discrimination and harassment in a range of areas of public life. Federal law operate concurrently with state/territory laws, so both sets of laws must be followed. Federal law The Parliament of Australia has enacted a number of anti-discrimination laws relying on the external affairs power of the Australian Constitution. These include: *''Age Discrimination Act 2004'' *''Disability Discrimination Act 1992'' *''Racial Discrimination Act 1975'' *''Sex Discrimination Act 1984'' Complaints for unlawful discrimination under one of the federal laws can be made to the Australian Human Rights Commission under the ''Australian Human Rights Commission Act 1986''.{{cite book , title=Federal discrimination law , date=2016 , publisher=Australian Human Rights Commission , isbn=978-1-921449-80-2 , url=https://www.humanrights.gov.au/our-work/legal/publications/federal-discrimination-law-20 ...
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Parliament Of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the Governor-General of Australia, governor-general), the Australian Senate, Senate and the Australian House of Representatives, House of Representatives.Constitution of Australia, Section 1 of the Constitution of Australia, section 1. The combination of two elected chambers, in which the members of the Senate represent the States and territories of Australia, states and territories while the members of the House represent electoral divisions according to population, is modelled on the United States Congress. Through both chambers, however, there is a Fusion of powers, fused executive, drawn from the Westminster system.. The upper house, the Senate, consists of 76 members: twelve for each state, and two each for the territories, Northern Terr ...
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External Affairs Power
Section 51(xxix) of the Australian Constitution is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament of Australia the right to legislate with respect to "external affairs". In recent years, most attention has focused on the use of the power to pass legislation giving effect within Australia to its obligations under international treaties and conventions. In some cases, as with human rights or environmental protection, the activities regulated by treaty-implementing legislation have not been international in nature but rather located solely within Australia or even solely within a particular State. In Australia, developments in international law have no direct effect for domestic purposes unless a deliberate law-making act by the proper law-making authority has "transformed" the international rule into a domestic rule. Origins According to Constitutional law academic Michael Coper, it is "not entirely clear what the founding father ...
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Australian Constitution
The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the Australian government's three constituent parts, the executive, legislature, and judiciary. The constitution was drafted between 1891 and 1898, through a series of conventions conducted by representatives of the six self-governing British colonies in Australia. The final draft was then approved in a set of referendums from 1898 to 1900. The British government objected to some elements of the final draft, but a slightly modified form was enacted as section 9 of the ''Commonwealth of Australia Constitution Act 1900'', an act of the Parliament of the United Kingdom. The act was given royal assent on 9 July 1900, was proclaimed on 17 September 1900, and entered into force on 1 January 1901. The constitution gave the six colonies the status ...
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Age Discrimination Act 2004
The Age Discrimination Act 2004 is an Act of the Parliament of Australia that prohibits age discrimination in many areas including employment, education, accommodation and the provision of goods and services. Persons of any age can be discriminated against within the meaning of the act. Some exemptions are provided, including for religious organisations, charitable organisations and positive discrimination. Complaints of discrimination must first be made to the Australian Human Rights Commission (AHRC), where a conciliation process can be initiated. Filing a complaint is free."Complaints under the Age Discrimination Act"


Disability Discrimination Act 1992
The ''Disability Discrimination Act 1992'' (Cth) is an Act passed by the Parliament of Australia in which prohibits discrimination against people with disabilities in employment, education, publicly available premises, provision of goods and services, accommodation, clubs and associations, and other contexts. Discrimination is defined to include failing to make reasonable adjustments for the person. The Australian Human Rights Commission are given and assess complaints made under the Act. Background At the time of the Act's enactment, a variety of anti-discrimination acts for people with disabilities already existed in the different state legislatures, some dating back to the early 1980s. All states and territories except Tasmania and the Northern Territory had anti-discrimination laws in place, and these two places had legislation under consideration. There were three reasons given for enacting a federal law: *Standardise the scope of rights offered around the country *Implemen ...
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Racial Discrimination Act 1975
The ''Racial Discrimination Act 1975'' (Cth). is an Act of the Australian Parliament, which was enacted on 11 June 1975 and passed by the Whitlam government. The Act makes racial discrimination in certain contexts unlawful in Australia, and also overrides state and territory legislation to the extent of any inconsistency. The Act is administered by the Australian Human Rights Commission (AHRC). The president of the commission is responsible for investigating complaints. If a complaint is validated, the commission will attempt to conciliate the matter. If the commission cannot negotiate an agreement which is acceptable to the complainant, the complainant's only redress is through the Federal Court of Australia or through the Federal Circuit and Family Court of Australia. The commission also attempts to raise awareness about the obligations that individuals and organisations have under the Act. The Act Prohibition of racial discrimination in certain contexts Racial discrimin ...
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Sex Discrimination Act 1984
The ''Sex Discrimination Act 1984'' is an Act of the Parliament of Australia which prohibits discrimination on the basis of mainly sexism, homophobia, transphobia and biphobia, but also sex, marital or relationship status, actual or potential pregnancy, sexual orientation, gender identity, intersex status or breastfeeding in a range of areas of public life. These areas include work, accommodation, education, the provision of goods, facilities and services, the activities of clubs and the administration of Commonwealth laws and programs. The Australian Human Rights Commission investigates alleged breaches of the Act. The office of Sex Discrimination Commissioner, created in 1984 alongside the Act, is a specialist commissioner within the AHRC. This legislation was pushed and supported by the Bill put forward by South Australia's Premier, Don Dunstan in 1975. The Act implements Australia's obligations under the Convention on the Elimination of All Forms of Discrimination Against ...
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Australian Human Rights Commission
The Australian Human Rights Commission is the national human rights institution of Australia, established in 1986 as the Human Rights and Equal Opportunity Commission (HREOC) and renamed in 2008. It is a statutory body funded by, but operating independently of, the Australian Government. It is responsible for investigating alleged infringements of Australia's anti-discrimination legislation in relation to federal agencies. The ''Australian Human Rights Commission Act 1986'' articulates the Australian Human Rights Commission's role and responsibilities. Matters that can be investigated by the Commission under the ''Australian Human Rights Commission Regulations 2019'' include discrimination on the grounds of age, medical record, an irrelevant criminal record; disability; marital or relationship status; nationality; sexual orientation; or trade union activity. Commission officebearers The Commission falls under the portfolio of the Attorney-General of Australia. Commissio ...
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Anti-Discrimination Act 1977
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 of opportunity for all people The Act covers the following types of discrimination: * Sex (including breastfeeding, pregnancy and sexual harassment) * Disability (including past, present or future disability and also includes actual or perceived HIV status) * Race (including ethno-religion) * Homosexuality Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to peop ... (actual or perceived) * Marital or domestic s ...
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Anti-Discrimination Act 1991
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. The Act was passed by the Queensland Parliament on 3 December 1991, received assent on 9 December 1991, and commenced on 30 June 1992. Scope of the Act The ''Anti-Discrimination Act 1991'' prohibits discrimination on the basis of the following attributes: * Sex * Relationship status * Pregnancy * Parental status * Breastfeeding * Age * Race * Impairment * Religious belief or religious activity * Political belief or activity * Trade union activity * Lawful sexual activity * Gender identity * Sexuality * Family responsibilities * Association with, or relation to, a person identified on the basis of any of the above attributes. Areas The areas of activity where discrimination is unlawful are: * Work and work related (includes applying for work, voluntary work, employment, work under ...
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Racial And Religious Tolerance Act 2001
The ''Racial and Religious Tolerance Act 2001'' is an Act of the Parliament of Victoria, Australia, that makes behaviour that incites or encourages hatred, serious contempt, revulsion or severe ridicule against another person or group of people, because of their race or religion, unlawful in Victoria. The Act was passed during the premiership of Steve Bracks and went into effect on 1 January 2002. The Act also prohibits racist graffiti, racist posters, racist stickers, racist comments made in a publication, including the Internet and email, statements at a meeting or at a public rally. The Act explicitly applies to public behaviour – not personal beliefs. Provisions Section 8(1) of the Act provides: ::A person must not, on the ground of the religious belief or activity of another person or class of persons, engage in conduct that incites hatred against, serious contempt for, or revulsion or severe ridicule of, that other person or class of persons. ::Note: "engage in cond ...
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Law Of Australia
The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are substantially derived from that of the English legal system. Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the states and territories (subject to augmentation by statutes).. The Australian Constitution sets out a federal system of government. There exists a national legislature, with a power to pass laws of overriding force on a number of express topics. The States are separate jurisdictions with their own system of courts and parliaments, and are vested with plenary power. Some Australian territories such as the Northern Territory and the Australian Capital Territory have been granted a regional legislature by the Commonwealth. Th ...
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