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Chapter 1 Introduction Back to index Download Chapter 1 in PDF [66 KB] Download Chapter 1 in Word [81 KB] 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…

Chapter 3 The Racial Discrimination Act Back to index Download Chapter 3 in PDF [271 KB] Download Chapter 3 in Word [597 KB] 3.1 Introduction to the RDA 3.1.1 Scope of the RDA (a) The prohibition on discrimination in s 9 (b) The right to equality before the law in s 10 (c) The interface between ss 9 and 10 3.1.2 Other unlawful acts and offences 3.1.3 Interaction between RDA, State, Territory…

Chapter 2 The Age Discrimination Act Back to index Download Chapter 2 in PDF [171 KB] Download Chapter 2 in Word [203 KB] 2.1 Introduction to the ADA 2.1.1 Background 2.1.2 Structure of the ADA 2.1.3 Application of the ADA 2.1.4 Offences 2.2 Age Discrimination Defined 2.2.1 ‘Age’ defined 2.2.2 Direct discrimination 2.2.3 Indirect discrimination 2.2.4 The ‘dominant reason’ test 2.2.5 Age

Chapter 6 Practice and Procedure Back to index Download Chapter 6 in PDF [555 KB] Download Chapter 6 in Word [556 KB] 6.1 Introduction 6.1.1 Role of the special purpose commissioners as amicus curiae 6.2 Parties to a complaint to HREOC 6.2.1 Complainants (a) ‘A person aggrieved’ (b) Bodies corporate (i) Can a body corporate be a ‘person aggrieved’? (ii) Determining whether the ‘person…

There are no specific provisions relating to costs in unlawful discrimination proceedings before the FMC and Federal Court. The courts have a general discretion to order costs under the provisions of the Federal Court Act 1976 (Cth) and the Federal Magistrates Act 1999 (Cth).1

Chapter 5 The Disability Discrimination Act Back to index Download Chapter 5 in PDF [389 KB] Download Chapter 5 in Word [697 KB] 5.1 Introduction to the DDA 5.1.1 Scope of the DDA 5.1.2 Limited application provisions and constitutionality 5.1.3 Retrospectivity of the DDA 5.1.4 Jurisdiction over decisions made overseas 5.2 Disability Discrimination Defined 5.2.1 ‘Disability’ defined (a)…

(1) Support a two-stage inquiry process for the SDA, with some amendments made now to the existing law (Recommendations), and the rest completed within three (3) years (Options for Reform)