Legislation
The federal Parliament has passed a number of laws which aim to protect people from certain kinds of discrimination in public life and from breaches of their human rights by Commonwealth departments and agencies.
Click on the links below for further information on:
- Age Discrimination Act 2004
- Disability Discrimination Act 1992
- Human Rights and Equal Opportunity Commission Act 1986
- Race Discrimination Act 1975
- Sex Discrimination Act 1984
HREOC has responsibility for administering these laws. We have the authority to investigate and conciliate complaints of alleged discrimination and human rights breaches lodged under these law
Age Discrimination Act 2004
The Age Discrimination Act 2004 helps to ensure that people are not treated less favourably on the ground of age in various areas of public life including:
- employment
- provision of goods and services
- education
- administration of Commonwealth laws and programs
The Act also provides for positive discrimination – that is, actions which assist people of a particular age who experience a disadvantage because of their age. It also provides for exemptions in the following areas:
- superannuation
- migration, taxation and social security laws
- state laws and other Commonwealth laws
- some health programmes.
For further information: All about age discrimination.
Disability Discrimination Act 1992
The Disability Discrimination Act 1992 has as its major objectives to
- eliminate discrimination against people with disabilities
- promote community acceptance of the principle that people with disabilities have the same fundamental rights as all members of the community, and
- ensure as far as practicable that people with disabilities have the same rights to equality before the law as other people in the community.
For further information visit Disability Rights.
Human Rights and Equal Opportunity Commission Act 1986
The Human Rights and Equal Opportunity Commission Act 1986 established HREOC and gives it functions in relation to the following international instruments ratified by Australia:
- International Covenant on Civil and Political Rights
- International Labour Organisation Discrimination (Employment) Convention ILO 111
- Convention on the Rights of the Child
- Declaration of the Rights of the Child
- Declaration on the Rights of Disabled Persons
- Declaration on the Rights of Mentally Retarded Persons, and
- Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.
In addition, the Aboriginal and Torres Strait Islander Social Justice Commissioner has specific functions under the HREOC Act and the Native Title Act,1993 to monitor the human rights of Indigenous people.
For further information: The Human Rights and Equal Opportunity Commission (information sheet).
Human Rights and Equal Opportunity Commission Regulations 1989 (Cth)
Section 3(1) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) defines discrimination. The Human Rights and Equal Opportunity Commission Regulations 1989 (Cth) lists additional grounds which will constitute discrimination under the Act.
The Human Rights and Equal Opportunity Commission Regulations 1989 (Cth) are available online.
Racial Discrimination Act 1975
The Racial Discrimination Act 1975 gives effect to Australia's obligations under the International Convention on the Elimination of All Forms of Racial Discrimination. Its major objectives are to
- promote equality before the law for all persons, regardless of their race, colour or national or ethnic origin, and
- make discrimination against people on the basis of their race, colour, descent or national or ethnic origin unlawful.
For further information: Race Discrimination.
Sex Discrimination Act 1984
The Sex Discrimination Act 1984 gives effect to Australia's obligations under the Convention on the Elimination of All Forms of Discrimination Against Women and certain aspects of the International Labour Organisation (ILO) Convention 156. Its major objectives are to
- promote equality between men and women
- eliminate discrimination on the basis of sex, marital status or pregnancy and, with respect to dismissals, family responsibilities, and
- eliminate sexual harassment at work, in educational institutions, in the provision of goods and services, in the provision of accommodation and the delivery of Commonwealth programs.
For further information: Sex Discrimination.
Information on Privacy - Visit http://www.privacy.gov.au/
From 1 July 2000 the Privacy Act 1998 is administered by the office of the Federal Privacy Commissioner. The Federal Privacy Commissioner is no longer a member of the Human Rights and Equal Opportunity Commission.
Last updated 21 July 2007
