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Legal14 December 2012Webpage
Commission Submission - Gardner v All Australia Netball Association Ltd
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 -
Legal14 December 2012Webpage
Commission Submission Amicus Curiae - Howe v Qantas
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. -
Legal14 December 2012Webpage
Submission on the Age Discrimination Bill 2003
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. -
Legal14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 2: The Age Discrimination Act
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 -
Legal14 December 2012Webpage
Age Discrimination Legislation
Response to information paper containing proposals for Commonwealth Age Discrimination Legislation -
LGBTIQ+18 June 2013Project
New protection
Learn about new protections against discrimination on the basis of sexual orientation, gender identity and intersex status. -
Legal14 December 2012Webpage
Federal Discrimination Law 2005: 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. -
Employers11 February 2015Webpage
Sexual orientation, gender identity and intersex status discrimination
Sexual orientation, gender identity and intersex status discrimination PDF (700 KB) Sexual orientation, gender identity and intersex status discrimination Word (116 KB) The Sex Discrimination Act The Sex Discrimination Act 1984 (SDA) makes it unlawful to treat people less favourably than another person in a similar situation because of their sexual orientation, gender identity or intersex status ... -
14 December 2012Book page
The Right to a Discrimination-Free Workplace
The prohibition on discrimination in employment is a relatively recent, but now well-established, feature of the Australian legal environment. Laws prohibiting discrimination in the workplace in Australia date back to 1966 when South Australia introduced the Prohibition of Discrimination Act 1966 (SA), to prohibit discrimination on the grounds of race in aspects of employment and in the provision of goods and services.[1] -
Legal14 December 2012Webpage
Exemption application under Sex Discrimination Act and Disability Discrimination Act: CASA: recommended decision
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 this exemption only to apply where a person's pregnancy (under the SDA) or disability (under the DDA) prevents the person safely fulfilling the inherent requirements of the role covered by the licence c -
Legal14 December 2012Webpage
Commission Guidelines
View the various Human Rights Commission Guidelines. Guidelines cover everything from the role of the President to Discrimination exemptions. -
14 December 2012Book page
HREOC Annual Report 2003-2004 : Chapter 5: Legal Services
The primary responsibilities of the Legal Section are to assist the President or their delegate in the preparation of notices and reports under the Human Rights and Equal Opportunity Commission Act 1986 (Cth); to act as counsel or instructing solicitor for the Commission in interventions and amicus curiae matters; to assist the Commission in work arising from legislation or bills raising human rights issues and to monitor and promote awareness of developments in international and domestic human rights law, including discrimination jurisprudence in the Federal Court and Federal Magistrates Cour -
Legal14 December 2012Webpage
Federal Discrimination Law: Chapter 2 - The Age Discrimination Act
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 federal unlawful discrimination laws that may be relevant to its interpretation and application.[2] -
14 December 2012Book page
The Road So Far – the Age Discrimination Act 2004 (Cth) (2011)
When the Age Discrimination Act 2004 (Cth) (the Age Discrimination Act or the Act) was introduced in 2004 it heralded a new era in the recognition of age discrimination in Australia. Subsequently, the Australian Human Rights Commission published a paper ‘Roadmap to the Age Discrimination Act’ which provided an analysis of the Act as it was conceived in 2004.[1] -
Age Discrimination9 April 2013Publication
The Road So Far – the Age Discrimination Act 2004 (Cth)
This paper replaces the previous Commission paper - ‘Roadmap to the Age Discrimination Act’. It includes an update on subsequent changes made to the Act. The paper will also look at the ways in which the Act is used by members of the public in exercising their rights, specifically in relation to making complaints and seeking temporary exemptions. -
Legal14 December 2012Webpage
Federal Discrimination Law 2005
The July 2007 supplement to Federal Discrimination Law 2005 covers significant cases decided in the federal unlawful discrimination jurisdiction since March 2005. -
14 December 2012Book page
Guidelines for writing and publishing recruitment advertisements
The federal Sex Discrimination Act applies throughout Australia and contains some provisions that are different to state and territory sex discrimination laws. People and organisations exempt under state and territory laws (such as small businesses) are not necessarily exempt under the federal Sex Discrimination Act. It is not enough to simply comply with state or territory anti-discrimination laws. You must also meet your obligations under the federal Sex Discrimination Act. -
Legal14 December 2012Webpage
Temporary Exemption Application -Catholic Education Office
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. -
Legal14 December 2012Webpage
Commission Submission - Ferneley v Boxing Authority NSW
(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. -
Legal14 December 2012Webpage
Submission: Australia's Future Tax System (Retirement Income System) (2009)
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.