Understanding Anti-Discrimination Law: Grounds, Application, and Settlement
This overview of the Anti-Discrimination List outlines unlawful discrimination based on various grounds, including age, gender identity, race, and sexual orientation. Complaints must demonstrate discrimination in these areas. In 2008-09, key cases involved impairment, sex discrimination, and racial discrimination. The dispute resolution process includes mediation, which has a 68% success rate, and potential hearings by a VCAT member. The tribunal can issue orders to stop discrimination, compensate complainants, or require actions to remedy discrimination.
Understanding Anti-Discrimination Law: Grounds, Application, and Settlement
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Presentation Transcript
Jurisdiction of the Anti-Discrimination List • Under the act it is unlawful to discriminate on a number of grounds or attributes. • Complaints must establish discrimination on at least one of the following grounds. Age Breastfeeding Gender Identity Impairment Marital Status Physical Features Pregnancy Race Political Belief Sex Sexual Orientation Religious belief
Types of Applications • In 2008-09 the following types of discrimination cases were highly represented: • Impairment • Sex Discrimination or sexual harassment • Racial Discrimination • Victimisation
Dispute Settlement Process • The Anti- Discrimination List will attempt mediation or order a compulsory conference. • Mediation success rate for this list is 68%. • If disputes are not successfully resolved at mediation it will then be sent to a hearing before a VCAT member.
Orders of the Anti- Discrimination List • The tribunal may: • Issue an order requiring the person to stop discriminating against the complainant. • To compensate the complainant for loss, damage or injury suffered. • Order the person to perform specified acts to redress any loss, damage or injury suffered. • Decline to take any further action. • Dismiss the matter.
Question Time • Complete questions 1-4 on page 297.
