Discrimination Law in Australia

It is against the law in Australia to discriminate against people on the basis of certain criteria such as race, religion, ethnicity, gender, sexual orientation, martial status, disability. Laws in Australia have been in existence for a large amount of time to prevent discrimination against people on these arbitrary grounds. Some of the legislation when applies in Australia is the Age Discrimination Act 2004 (Cth), Australian Human Rights Commission Act 1986 (Cth), Disability Discrimination Act 1992 (Cth), Racial Discrimination Act 1975 (Cth), Sex Discrimination Act 1984 (Cth). All of these different acts make it illegal to discriminate against people on various grounds. The major body which regulates human rights in Australia is the Australian Human Rights Commission and it was formed under the Australian Human Rights Commission Act 1986 (Cth). It investigates breaches of human rights by any Commonwealth body or agency and discrimination in employment on the basis of race, colour, sex, religion, political opinion, national extraction, social origin, age, medical record, criminal record, marital status, impairment, disability, nationality, sexual preference, trade union activity. It only investigates in relation to a Commonwealth body or agency; employment and occupation. Emphasizing the importance of process serving, complaints must be submitted in writing, after which the commission evaluates whether they fall within its jurisdiction. If attempts at conciliation fail, the Federal Attorney-General may eventually present these complaints in Parliament.

There are also anti-discrimination laws in existence at state level which are in some senses more enforceable. For example, in New South Wales, the Anti-Discrimination Board can fine those guilty of discrimination under the relevant piece of legislation. If you think that you have been discriminated against, it is certainly a good idea to get legal advice about the matter to see if you have any rights to claim against the person or organisation that is claiming discrimination. If you are being wrongfully accused of discrimination, it is essential that you obtain legal representation in order to protect your reputation and your legal rights. Please do not hesitate to contact us about any discrimination matter in which you may be involved.

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