The current Commonwealth regime also addresses different grounds of discrimination in different ways. Four grounds of discrimination – sex, age, disability and race – are addressed in the specific laws listed above, while other more limited protections are provided for in the Australian Human Rights Commission (Cth) Act 1986. The result is a confusing and fragmented scheme that is difficult to use. This page lists the main anti-discrimination laws in Australia. Legal and illegal discrimination People with disabilities cannot be discriminated against in: More information on discrimination against people with disabilities at Australian government level How can you file a discrimination complaint? You must submit a written complaint and send it to the Human Rights Commission or to the competent State or territorial authority. The Commission and state and territorial authorities all have standard online complaint forms that could help you, but you don`t have to use these forms if you don`t want to. Direct discrimination occurs when a person treats a person with a disability unfairly or less fairly because of their disability. For example, someone might tell you that your child can`t participate in a play group because your child`s appearance would bother other parents and other children. Under a number of international human rights treaties, Australia is required to take measures to eliminate discrimination, including on the basis of age, race, sex, pregnancy, marital status and disability. The current Commonwealth anti-discrimination regime provides an important legal framework for the promotion of equality in Australia and contains many positive elements that contribute to protection against certain forms of discrimination in certain circumstances. Despite these characteristics, many individuals and groups within the Australian community face discrimination, and the notion of substantive equality remains, at least for some, still inaccessible. Substantive equality allows different groups to be treated differently so that they can enjoy their human rights on an equal footing.

It is different from the formal equality achieved when the law treats all persons equally. Formal equality may not address discrimination because it does not take into account the disadvantage of different groups. Sometimes discrimination may be legal, in circumstances such as: You cannot simultaneously hear a claim of discrimination on the basis of disability under the Australian Disability Discrimination Act and an equivalent state or territorial law. All laws have pros and cons, and the best you can use depends on your case. In addition to federal legislation, every state and territory in Australia has equality and anti-discrimination agencies with legal responsibilities. If you are considering filing a complaint of discrimination on the basis of disability, you should consider the following: The Legal Board supported the previous government`s attempts to consolidate existing Commonwealth discrimination laws into a single law, provided that the process preserves or enhances existing protection against discrimination and enhances the regime`s ability to promote substantive equality. and eliminating the regulatory burden on business. The Legal Board notes with regret that the consolidation of anti-discrimination legislation was not continued as a draft law and was not introduced before the dissolution of the House of Representatives on 5 August 2013 and the bundestag elections on 7 September 2013. Deadlines for complaints You must file a complaint within 12 months of the discrimination, unless you have a very good reason to extend the deadline. Indirect discrimination occurs when a person with a disability is prevented from doing something that a person can do without that disability. In this situation, no one bothers to be intentionally unfair, but the end result is unfair. An example could be that your child can`t use the local pool because they don`t have a ramp for wheelchairs.

The Australian Disability Discrimination Act 1992 is an Australian Disability Discrimination Act 1992 that defines disability and legal and unlawful discrimination. Complaints of unlawful discrimination under any of the federal statutes may be made to the Australian Human Rights Commission under the Australian Human Rights Commission Act 1986. [1] [3] Each state and territory has its own anti-discrimination law that operates alongside federal laws:[1] Australia has federal, state and territorial laws in place to protect people from discrimination and harassment. The Australian Human Rights Commission enforces the laws and decides what to do in the event of a complaint of discrimination on the basis of disability covered by australian government law. For these reasons, the Law Council supports reforms to the Commonwealth`s current anti-discrimination regime that facilitate access and understanding, enhance its capacity to combat all forms of discrimination, promote substantive equality and implement Australia`s international obligations in this area. Australia has four national anti-discrimination laws that protect you from mistreatment for things you can`t change. These include your age, disability, race, gender, and sexuality. Anti-discrimination laws in Australia have been enacted at the federal and state/territory levels to prohibit discrimination and harassment in a number of areas of public life.

[1] Federal law applies simultaneously with state/territory laws, so both laws must be followed. [1] Australian states and territories have anti-discrimination laws and bodies that deal with complaints of discrimination. Here is some information that can help you file a complaint of discrimination based on a disability. Who can complain about discrimination? Under the Australian Disability Discrimination Act and relevant state or territorial laws, you can complain of discrimination on the basis of disability if you: The Australian Parliament has enacted a number of anti-discrimination laws based on the foreign policy powers of the Australian Constitution. [2] These include individuals or organizations accused of discriminating against someone who could argue that if they had not discriminated, it would have caused « undue hardship. » This means that it would have been unreasonably difficult for them to make the necessary adjustments to account for a person`s disability. The Racial Discrimination Act violates the law when a person is treated badly or unfairly because of their skin colour, race, country or culture. The Sex Discrimination Act 1984 came after Australia signed the United Nations International Convention on the Elimination of All Forms of Discrimination against Women. If that doesn`t work, you can file your complaint with the Federal Court of Australia or the Federal Circuit Court.

The laws of the Commonwealth and the laws of the states and territories generally overlap. However, laws apply in different ways and employers must comply with all laws. This Act makes it illegal to discriminate against people on the basis of their own: the Disability Discrimination Act 1992 came after Australia signed the United Nations Declarations on the Rights of Persons with Disabilities and the Rights of Persons with Disabilities. The Australian Human Rights Commission has statutory responsibilities under the Age Discrimination Act 2004, the Australian Human Rights Commission Act 1986, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 and the Sex Discrimination Act 1984. If there is a conflict between federal laws and the laws of the states or territories, federal law prevails. That is, if you apply for a job or a place at the university, or ask for an appointment with your doctor, they can`t say no because you`re too young or too old. Discrimination is when you are treated unfairly or less fairly because you are a person with a disability. It is also if you are treated unfairly or less fairly because you are a relative, friend, caregiver or colleague of a person with a disability. Discrimination can also happen because of something else about you – for example, because of your gender, religion, or race. How are complaints assessed? When the Human Rights Commission receives a written complaint, it determines whether the circumstances of the complaint are covered by law. If it considers that this is not the case or that it falls within another area of law, the Commission will let you know that it cannot accept the complaint. The Privacy Act 1988 came after Australia signed the United Nations International Covenant on Civil and Political Rights.

The Act obliges non-public sector employers with 100 or more employees (relevant employers) to submit an annual report on gender equality issues to the Agency for Gender Equality in the Workplace. Indigenous peoples, migrants and culturally and linguistically diverse people must be treated with respect and have the same opportunities as everyone else. The Act sets out strict privacy protections that federal organizations must follow when dealing with information about individuals. It applies to the collection, storage, use or authorization of other persons to use personal data.