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Australian law
This page points to some Australian anti-discrimination legislation
and human rights law.
It covers -
Context
is provided by the broader discussion of the Australian legal
system elsewhere on this site.
is complemented by discussion
of rights under the Australian Constitution elsewhere on this
site. Particular enactments are discussed in more detail in
pages relating to online Accessibility,
politics and Hate Speech,
and debate about free speech and Censorship.
There is a lucid overview in Discrimination Law &
Practice (Leichhardt: Federation Press 2004) by Chris
Ronalds & Rachel Pepper, complemented by the broader Retreat
from Injustice: Human Rights Law in Australia (Leichhardt:
Federation Press 2004) by Nick O'Neil, Simon Rice & Roger
Douglas.
Commonwealth
Federal legislation in Australia includes -
Affirmative
Action (Equal Opportunity for Women) Act 1986 (AAEOW)
Disability Discrimination Act 1992 (DDA)
Equal Employment Opportunity (Commonwealth Authorities)
Act 1987 (EEOCA)
Human Rights & Equal Opportunity Commission Act 1986
(HREOC)
Human Rights (Sexual Conduct) Act 1994 (HRSC)
Racial Discrimination Act 1975 (RDA)
Racial Hatred Act 1995 (RHA)
- background here
Sex Discrimination Act 1984
(SDA)
Age Discrimination Act 2004 (ADA)
An
overview is provided by Human Rights & Equal Opportunity
Commission 255 page Federal Discrimination Law 2004
handbook
and its 2002 Age Matters report
on the the age discrimination regime.
New South Wales
In NSW the main enactments are -
Anti-Discrimination
Act 1977 (ADA)
Anti Discrimination (Homosexual Vilification) Act 1993
Disability Services Act 1993 (DSA)
South Australia
In South Australia -
SA
Equal Opportunity Act 1984 (SAEO)
Racial Vilification Act 1996
Victoria
In Victoria -
Equal
Opportunity Act 1995 (EOA)
Racial and Religious Tolerance Act 2001 (RRTA)
Northern Territory
In the NT -
Anti-Discrimination
Act 1994 (ADA)
Queensland
In Queensland note -
Anti-Discrimination
Amendment Act 2001
Tasmania
In
Tasmania successive governments have concentrated on physical
disability; in practice the state's record on gender and sexual
preference continues to be poor -
Disability
Services Act 1992 (DSA)
Sex
Discrimination Act 1994 (SDA)
ACT
In the ACT -
Human
Rights Act 2004 (HRA)
Discrimination Act 1991 (DA)
Legislation (Gay, Lesbian and Transgender) Amendment
Act 2003
Sexuality Discrimination Legislation Amendment Act 2004
It
is important to note that the HRA - promoted as Australia's
first Bill of Rights enactment - does not establish specific
rights directly accessible by members of the public. Instead
it serves to inform lawmakers and the community about interpretation
of the Territory's legislation. It embodies 20 civil and political
rights, based on the 1966 International Covenant on Civil
& Political Rights.
next page
(overseas law)
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