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Where am I now? Lawlink > Law Reform Commission > Publications > Discussion Paper 30 (1993) - Review of the Anti-Discrimination Act 1977 (NSW)
Discussion Paper 30 (1993) - Review of the Anti-Discrimination Act 1977 (NSW) Table of Contents Terms of reference 1. INTRODUCTION 2. THE WIDER ISSUES: IMPACT OF THE CONSTITUTION, INTERNATIONAL HUMAN RIGHTS OBLIGATIONS AND INDUSTRIAL RELATIONS ON DISCRIMINATION LAW
Avenues of international supervision Development of common law The problem of inconsistency
Other sources of inconsistency Federal legislation (other than discrimination legislation) and state discrimination legislation Federal awards and state discrimination legislation State discrimination legislation and other state legislation THE FORM OF DISCRIMINATION LEGISLATION Constitutionally entrenched equality rights Bill of Rights
INDUSTRIAL RELATIONS AND DISCRIMINATION LEGISLATION Background
Implementation of conventions Overlap between industrial relations and discrimination legislation Recent trends in industrial relations that impact on discrimination issues
Impact of enterprise bargaining on disadvantaged groups Awareness of principles of equal opportunity Other co-operative ventures
Status of awards in relation to the Anti-Discrimination Act Inconsistency arising from the operation of awards
The new approach BACKGROUND READING 3. DISCRIMINATION LAW IN AUSTRALIA
Differences in general statutory approach Aims of the Act in relation to the legislative framework
Grounds and areas of operation Exceptions Enforcement bodies Promotion of equal opportunity Affirmative action agency to ensure equal employment opportunity Education function What is discrimination? The main features of the concept of discrimination in the Act
Discrimination “on the ground of ... ”
Direct and indirect discrimination Direct discrimination Indirect discrimination The distinction between direct and indirect discrimination
4. THE SCOPE OF THE ANTI-DISCRIMINATION ACT
Exceptions to all areas of operation DISCRIMINATION ON THE GROUND OF SEX Definition Areas of operation Exceptions
Exceptions to all areas of operation Definition Areas of operation Exceptions
Exception to all areas of operation Definition Areas of operation Exceptions
Exceptions to physical impairment only in specific areas of operation Exceptions to physical and intellectual impairment discrimination in all areas of operation Definition Areas of Operation Exceptions
Definition Areas of operation Exceptions OTHER UNLAWFUL ACTS Introduction Victimisation Advertisements Aiding unlawful acts Liability of principals and employers GENERAL EXCEPTIONS Acts done under statutory authority
Status of Anti-Discrimination Act in relation to other legislation Comparison with other jurisdictions Section 54 - a problem? Voluntary bodies Religious bodies Establishments providing housing accommodation for aged persons MINISTERIAL EXEMPTIONS BACKGROUND READING 5. GENERAL OBSERVATIONS ON THE SCOPE OF THE ACT
Religion Political conviction and trade union membership Mental illness / Psychiatric disability Age Unborn children Family status / family responsibilities / parenthood Prisoners and ex-prisoners Other grounds Appearance Accent Geographical location and social status Discrimination on the basis of association Vilification The distinction between public and private spheres of activity Areas covered Discriminatory questions EXCEPTIONS Special exceptions
Small employers Special measures "Reasonable accommodation" BACKGROUND READING 6. THE ACT’S ENFORCEMENT MECHANISMS
Who can make a complaint? Complainant must be affected Investigation of the complaint Conciliation of the complaint Features of the conciliation model Remedies at the conciliation level When does the President refer matters to the Equal Opportunity Tribunal? The structure of the Tribunal The functions of the Tribunal How does the Tribunal operate?
Parties must be informed First directions hearing Second directions hearing Conciliation encouraged The Tribunal hearing Procedure at Tribunal hearing Onus and standard of proof Decision of the Tribunal Compliance with orders Costs Appeals What is equal employment opportunity? The focus of Part 9A Objects of the Part Application of the Part How are the objects of the Part achieved? What is an equal employment management plan? Director’s functions in relation to management plans BACKGROUND READING 7. LEGISLATION VS EDUCATION
The Tribunal’s role The role of the Director’s Office BACKGROUND READING APPENDIX 1 - COMPARATIVE TABLE OF GROUNDS AND AREAS OF OPERATION IN AUSTRALIAN DISCRIMINATION LEGISLATION APPENDIX 2 - SUBMISSIONS RECEIVED |
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