Anti-Discrimination legislation in Australia
Posted by Cory Bumstead in Aug, 2014
What is Anti-Discrimination legislation?
Anti-discrimination legislation is a law that prohibits people from discriminating against other people; it is a law that states people should be treated equally. The types of discrimination this law covers are Race, Sex, Disability, Age, Ethnicity, Nationality and Sexual Orientation.
Anti-Discrimination Legislation is like?
Anti-discrimination legislation is unfairness. Anti-discrimination legislation is like being picked last on a football team not because of skill level but because other players are either friends or family of the coach.
What is the purpose of Anti-Discrimination legislation?
The purpose of Anti-discrimination legislation is so that everyone has an equal opportunity. It promotes equality so people are free from discrimination in certain areas of their life including work, school, and restaurants.
What are the different types of Anti-Discrimination legislation?
Federal
- Age Discrimination Act 2004
o The Age Discrimination Act protects employees from being Discriminated against based on their age
- Australian Human Rights Commission Act 1986
o The Australian Rights Commission Act 1986 protects employees and provides employees with definitions of different types of discrimination
- • Disability Discrimination Act 1992
o The Disability Discrimination Act 1992 protects employees who have a physical, mental, psychiatric, learning disabilities, illness, or physical disfigurement from being discriminated against by employers
- Racial Discrimination Act 1975
o The Racial Discrimination Act protects employees who are of a different race, colour, descent or ethnic origin from being discriminated against by employers
- Sex Discrimination Act 1984
o The Sex Discrimination Act protects employees who are being discriminated against based on their sex, marital status, if they are pregnant or if they are being sexually harassed
States
- Queensland Anti-Discrimination Act 1991
- Australian Capital Territory Discrimination Act 1991
- New South Wales Anti-Discrimination Act 1977
- Northern Territory Anti-Discrimination Act 1996
- South Australia Equal Opportunity Act 1984
- Tasmania Anti-Discrimination Act 1998
- Victoria Equal Opportunity Act 1995
- Western Australia Equal Opportunity Act 1984
Where does the compliance with Anti-Discrimination legislation in Australia fit into the process of building and maintaining a website?
When building a website you need to be aware that when employing people they need to be chosen based on skill level, do not hire people based on their sex, age, race, creed, religion or if they have any physical or mental disabilities.
When the website is up and running the articles can’t be of a racist, sexist, homophobic nature. You need to be aware of who is going to be reading your articles and that anyone in the world can visit your website.
How does the Anti-Discrimination legislation in Australia impact on the process of building and maintaining a website?
If your website is managed well there will be no complaints and no lawsuits. If it is managed poorly, you can be liable for damages up to and including $100,000 and your company will have a bad reputation and that’s not good for business.
What terms are used when complying with Anti-Discrimination legislation in Australia?
Some of the terms used when complying with Anti-Discrimination legislation in Australia are human rights, substantive equality and international obligations.
• Substantive Equality means the certain plans and policies put in place designed to be non-discriminatory, may not address the needs of certain groups of people
• Human Rights means a right that is believed to belong to every person
Where can I find more information about Anti-Discrimination legislation in Australia?
1. http://www.austlii.edu.au/au/legis/nsw/consol_act/aa1977204/
2. https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/A/AntiDiscrimA91.pdf
3. http://www.ag.gov.au/RightsAndProtections/HumanRights/Pages/default.aspx
Who would benefit most from this knowledge?
What learner level does this article primarily target?
This article would benefit most a person with no experience in this area as it incorporates the basic knowledge of Anti-Discrimination legislation to enable them to know enough to set up a business or website and not breach the legislation
For what job level is this knowledge most needed?
This article is most needed for senior managers and team leaders to be able to train their staff to have enough understanding of Australian Anti-Discrimination legislation to not get the company in trouble
What jurisdiction has influence over this area?
This legislation is state based legislation, with each state having different legislation. The state legislation is taken from the federal legislation and given updates to suit each state.
Which cultural influence impacts on this area?
Australia is a very multi-cultural country we have to be extremely careful as to not make any race of people feel unwelcome. Australian business has benefitted because of the skills that have come with Australia being multi-cultural