Youth Challenge
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The
Human Rights and Equal Opportunity Commission was established by the Australian
Parliament in December 1986. The Commission administers federal laws relating
to alleged human rights breaches and discrimination. The Racial Discrimination Act 1975 helps make sure people are not treated less favourably in certain areas of public life because of their race, colour, descent or national or ethnic origin. It is unlawful to treat people less favourably because of their race
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As well, it is against the law for a person or organisation to advertise or promote messages that are intended to discriminate against others on the basis of race, colour, descent, national or ethnic origin. The Commission also inquires into complaints of racial hatred. Racial hatred is defined as being a public act which is likely to offend, insult, humiliate or intimidate a person or group of people and which is based on race, colour, descent, national or ethnic origin.
Instances of racial hatred might include:
- a speech at a public rally
- putting racist posters or stickers up in a public place
- writing racially offensive comments in a publication.
The Act does provide some exemptions to the racial hatred provisions in particular circumstances.
Note: Special measures taken for the purpose of securing advancement of certain racial groups may not be discrimination if the purpose is to ensure such groups have the equal enjoyment of human rights as others groups.
The Sex Discrimination Act
The Sex Discrimination Act 1984 helps make sure people are not treated less favourably because of their sex, marital status or pregnancy. It is unlawful to discriminate against people on any of these grounds in the areas of
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It is also unlawful to dismiss a person from employment on the ground of family responsibilities.
The Act also prohibits sexual harassment. Any unwanted or unwelcome conduct of a sexual nature can be regarded as sexual harassment. The harassment does not have to be direct or physical and may include
- staring, leering or unwelcome touching
- suggestive comments or jokes
- insults or taunts based on sex
- requests for sex
- intrusive questions about a person's private life
- displaying pornographic posters, magazines or screen savers.
Sexual harassment may occur in many places, including work, education, accommodation, clubs, buying goods or services and the delivery of government services.
Some areas of public life are exempt from the Act. These include combat duties, voluntary bodies and certain laws such as the social security and taxation laws.
The Disability Discrimination Act
The Disability Discrimination Act 1992 helps make sure that someone with a disability is not treated less favourably than someone without a disability. It is unlawful to discriminate against someone because of their disability in these areas:
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It is not disability discrimination when a person with a disability cannot meet the inherent requirements of a job. The inherent requirements of a job are those things that are necessary to get the job done.
Employers are obliged to make reasonable accommodation to assist a person with a disability to meet the inherent requirements of a job, and are encouraged to consider how a job or a workplace can be changed so that a person with a disability can meet the basic requirements. The definition of 'disability' used in the Disability Discrimination Act is very wide.
It includes disabilities that are
- physical, intellectual, psychiatric, sensory and neurological
- learning difficulties, physical disfigurement and the presence in the body of disease carrying organisms past, present or future disabilities.
The Act also covers relatives, friends, carers and co-workers if they face discrimination because of their relationship with a person who has a disability.
Harassment because of disability is also against the law in employment, education and the provision of goods, services and facilities.
The Age Discrimination Act
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:
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Age discrimination is not unlawful in employment if a person is unable to carry out the inherent requirements of the particular employment because of his or her age.
It is not unlawful discrimination if an employee is taking particular action in direct compliance with an Award or Industrial agreement or youth wages.
The Act also provides for positive discrimination. That is actions which provides a genuine benefit to persons of a particular age who experience a disadvantage because of their particular age.
The Act also provides for a number of other exemptions including the areas of:
- Superannuation
- Migration, Taxation and Social Security laws
- State laws and other Commonwealth laws
- Some health programmes.
The Human Rights and Equal Opportunity Commission Act
There are two main areas under which a complaint can be made under the Human Rights and Equal Opportunity Commission Act 1986.
The first area deals with alleged breaches of human rights by or on behalf of the Commonwealth (eg. Commonwealth government departments). Human rights are strictly defined and only relate to named international treaties and declarations scheduled to the Act. These include:
The second area of complaint that can be made under the Human Rights and Equal Opportunity Commission Act concerns the impairment of equal opportunity in employment on particular grounds including: religion, sexual preference, criminal record, political opinion and trade union activity. |
However, it is not discrimination if a particular attribute is an inherent requirement of the job or, in some circumstances, when the employer is a religious institution.
Further Information
- Some basic information regarding the official complaint processes of HREOC is provided on the HREOC website at: http://www.humanrights.gov.au/complaints_information/index.html
- Pathways to Resolution Video/ DVD (with information on how to order) which provides a short introduction to HREOC’s complaint handling processes. See: http://www.humanrights.gov.au/pathways_to_resolution/index.html
- To read about actual complaints made to HREOC and the outcomes
of conciliation visit:
http://www.humanrights.gov.au/complaints_information/register/index.html
This document is also available for download
in 
Word and 
PDF formats.