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14 December 2012Book page
Annual Report 2007-2008: Chapter 5 - Legal Services
The Human Rights and Equal Opportunity Act gives HREOC the function of inquiring into complaints concerning breaches of human rights by the Commonwealth (or persons/organisations acting on behalf of the Commonwealth) and discrimination in employment. -
Rights and Freedoms
13 March 2024SpeechThe Commission’s model for a Human Rights Act for Australia
The Australian Human Rights Commission's model proposes a national Human Rights Act, safeguarding rights for all Australians and addressing human rights concerns. It aims to modernize the legal framework. -
14 December 2012Book page
Annual Report 06-07: Chapter 5 - Legal Services
The Human Rights and Equal Opportunity Commission Act gives HREOC the function of inquiring into complaints concerning breaches of human rights or discrimination in employment. HREOC attempts to resolve such complaints through conciliation where appropriate. If the matter is not resolved through conciliation and the President is satisfied that a breach of human rights or an act of discrimination… -
1 August 2014Book page
Chapter 5: The legal and policy framework
In summary Australia has entered binding international human rights obligations to prohibit pregnancy/return to work discrimination. Australian laws, such as the Sex Discrimination Act 1984 (Cth), implement these obligations by prohibiting discrimination on the grounds of pregnancy, potential pregnancy, breastfeeding and family responsibilities. The National Review found that while the… -
Legal
14 December 2012WebpageFederal Discrimination Law: Chapter 2 - The Age Discrimination Act
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 -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 6 - Practice and Procedure
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… -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 8 - Costs Awards
There are no specific provisions relating to costs in unlawful discrimination proceedings before the Federal Magistrates Court (‘FMC’) and Federal Court. The courts have a general discretion to order costs under the provisions of the Federal Court Act 1976 (Cth) (‘the Federal Court Act’) and the Federal Magistrates Act 1999 (Cth) (‘the Federal Magistrates Act’)… -
14 December 2012Book page
Annual Report 2008-2009: Chapter 5
The Commission has a function of intervening, with the leave of the Court, in proceedings that involve issues of human rights, equal opportunity in employment and age, race, sex, marital status, pregnancy and disability discrimination. -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 3 - The Race Discrimination Act
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… -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 4 - The Sex Discrimination Act
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.