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View Full Version : Proposed Consolidation of Commonwealth anti-discrimination laws



Newshound
06-02-2013, 10:31 AM
There is new legislation in the pipeline which consolidates the five existing Commonwealth anti-discrimination laws into a single comprehensive Act.

The Bill has been referred to the Senate Legal and Constitutional Affairs Committee to report to the Senate by 18 February 2013.

The Bill was drafted following these key principles:


lift differing levels of protections to the highest current standard, to resolve gaps and inconsistencies without diminishing protections
clearer and more efficient laws provide greater flexibility in their operation, with no substantial change in practical outcome
enhance protections where the benefits outweigh any regulatory impact
voluntary measures that business can take to assist their understanding of obligations and reduce occurrences of discrimination.
a streamlined complaints process, to make it more efficient to resolve disputes that do arise.


If the currently proposed reforms become law it will make it far easier and cheaper for people to bring claims of discrimination, the majority of which are likely to relate to the workplace.

Among other things, the changes will shift the "burden of proof" from the claimant to the respondent (providing the complainant has established a prima facie case). It will also allow a person to include multiple types of discrimination in a single claim.

The only defence available to an employer will be to prove that their actions were justified.

There will also be a cost-free jurisdiction which reduced the potential downside for a claimant. However the Australian Human Rights Commission will be able to dismiss complaints that lacked merit.

Needless to say there will be numerous important considerations for employers, particularly with regard to workplace policies, disability standards and complaints processes.

Employers will be able to voluntarily submit their policies, programs or facilities to the AHRC for review.