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1. Waters v Public Transport Corporation (1991) 173 CLR 349 at 359 per Mason CJ and Gaudron J; IW v City of Perth (1997) 191 CLR 1 at 14 per Brennan CJ and McHugh J at 22-23, per Gaudron J, at 27 per Toohey J, at 39 and 41- 42 per Gummow J and 58 per Kirby J; X v Commonwealth (1999) 200 CLR 177 at 223 Kirby J; and Qantas Airways Limited v Christie (1998) 193 CLR 280 at 332 per Kirby J

However, if appropriate, and with leave of the Court, the Commissioner reserves the right to make further submissions on legal matters which may arise during the hearing of this matter and after receipt of the respondent’s particularised points of defence. No submissions are to be made in relation to the evidentiary and factual matters that may arise for determination.

The ADA commenced operation on 22 June 2004. At the date of publication there has been no decided case of unlawful age discrimination under the ADA. This chapter sets out the background to the legislation and its significant features as well as highlighting some similarities and differences with other federal unlawful discrimination laws that may be relevant to its interpretation and application.1

1.1 The Human Rights and Equal Opportunity Commission (Commission) welcomes the federal government's proposal in the Age Discrimination Bill 2003 ('the Bill') to make discrimination because of age unlawful.

Response to information paper containing proposals for Commonwealth Age Discrimination Legislation

The definitions of discrimination include both 'direct' and 'indirect' discrimination, with the exception of the definition of discrimination on the ground of family responsibilities, which is limited to direct discrimination.

View the various Human Rights Commission Guidelines. Guidelines cover everything from the role of the President to Discrimination exemptions.

That, pursuant to an application by the Civil Aviation Safety Authority, the Commission grant a five year exemption under Sex Discrimination Act 1984 ("SDA"), section 44, and the Disability Discrimination Act 1992 ("DDA"), section 55, for persons acting pursuant to existing Civil Aviation Regulations regarding medical fitness and proposed amendments to those regulations; but…

The ADA commenced operation on 23 June 2004. At the date of publication there have been a limited number of cases in which the ADA has been considered[1] and there has not yet been a successful claim of unlawful age discrimination. This chapter therefore focuses on the background to the legislation and its significant features as well as highlighting some similarities and differences with other…

The July 2007 supplement to Federal Discrimination Law 2005 covers significant cases decided in the federal unlawful discrimination jurisdiction since March 2005.

The Catholic Education Office ("CEO"), Archdiocese of Sydney, applied to the Human Rights and Equal Opportunity Commission for a temporary exemption to allow the CEO to discriminate against women by offering primary teacher training scholarships to male students only.

(1) Nothing in Division 1 or 2 renders it unlawful to exclude persons of one sex from participation in any competitive sporting activity in which the strength, stamina or physique of competitors is relevant.

The Australian Human Rights Commission (‘the Commission’)[1] makes this submission to the Review Panel on Australia’s future tax system (‘the Review’). The submission specifically addresses Australia’s retirement income system.

The definitions of discrimination include both direct and indirect discrimination, with the exception of the definition of discrimination on the ground of family responsibilities, which is limited to direct discrimination.

Back to index Table of Contents Foreword Chapter 1 - Introduction 1.1. Nature and Scope of this Publication 1.2 'HREOC' and the 'Australian Human Rights Commission' 1.3 What is 'Unlawful Discrimination'? 1.3.1 ‘Unlawful discrimination’ defined 1.3.2 Distinguishing ‘unlawful discrimination’ from ‘ILO 111 discrimination’ and ‘human rights’ under the HREOC Act (a) ‘ILO 111 discrimination’ (b) …