Equal Opportunity On Line Training Module 1: Legal Overview

State and Commonwealth Anti-discrimination and Equal Opportunity Legislation

After the Second World War the United Nations General Assembly, with the support of Australia, developed the Universal Declaration of Human Rights (UDHR), which sets out what a civilised nation should aspire to. This is not a legally binding document. However, following its development a series of International Conventions and Declarations were developed which are legally binding to signatory countries, of which Australia is one.

The UDHR recognises that if people are to be treated with dignity they require economic rights, social rights including education, and the rights to cultural and political participation and civil liberty. Article 2 states that everyone is entitled to these rights "without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status."

To ensure these principles are put into effect in Australia, laws have been passed at both State and Commonwealth levels.

State and Commonwealth Human Rights Legislation have overlaps which means that some areas are covered by State laws, some by Commonwealth laws and some by both jurisdictions.

Key Concepts Under The Legislation

• areas covered by legislation
• protected attributes
• discrimination - direct and indirect
• vilification
• sexual harassment
• liability - vicarious, personal and accessory
• victimisation
• defamation
• the merit principle

Relevant Laws

• Equal Opportunity Act, 1995 (Vic)
• Sex Discrimination Act, 1984 (Cth)
• Sex Discrimination Amendment Bill, 2000 (Cth)
• Disability Discrimination Act, 1992 (Cth)
• Workplace Relations Act, 1996 (Cth)
• Equal Opportunity for Women in the Workplace Act, 1999 (Cth)
• Equal Opportunity for Women in the Workplace Amendment Bill, 1999 (Cth)
• Human Rights and Equal Opportunity Commission Act, 1986 (Cth)
• Racial Discrimination Act, 1975 (Cth)
• Racial and Religious Tolerance Act (Vic), 2001 (PDF)
• Age Discrimination Act, 2004 (Cth)
• Charter of Human Rights and Responsibilities Act, 2006 (Vic) 

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