Changes to the Equal Opportunity Act
- The equal opportunity review explained
- The exceptions review explained
- Links and further information
The equal opportunity review explained
In August 2007, the Attorney-General announced a review of the Equal Opportunity Act 1995 (Vic) (EOA) to investigate how best to eliminate discrimination and promote equal opportunity through reforms to modernise Victoria’s equal opportunity laws.
An independent review was conducted by Julian Gardner. The Commission provided two submissions to this review. A final report and recommendations for reform of the EOA, An Equality Act for A Fairer Victoria, was submitted to the Attorney-General at the end of June 2008.
The Victorian Parliament’s Scrutiny of Acts and Regulations Committee (SARC) is currently conducting a separate review of the exceptions and exemptions contained in the EOA. The Commission has provided submissions to the SARC review.
What are the proposed reforms to the EOA?
The Government is considering a range of reforms that will transform the Commission from a complaints handling body to a more active authority tackling systemic discrimination.
These reforms include:
• Replacing the complaints system with flexible alternative dispute resolution. The new process would give people who complain about discrimination the choice to go straight to the Victorian Civil and Administrative Tribunal (VCAT) for a hearing of their complaint.
• Expanding the Commission's role to better assist organisations to comply with the law.
• Introducing a new power to the Commission to initiate action in the absence of a complaint. This means that the Commission can launch its own inquiries into systemic discrimination, enter into enforceable undertakings with discriminatory organisations and issue compliance notices.
• Requiring employers to make reasonable adjustments for those with disabilities.
• Creating a duty not to discriminate, even in the absence of a complaint.
A new structure for the Commission
The first stage of the implementation of the Equal Opportunity Review recommendations has commenced. Legislation was passed in March 2009 to change the governance structure of the Commission to reflect its broad focus on human rights and ensure it is are well placed to address systemic discrimination. The new structure will take effect from 1st October 2009.
Under the new structure, a full-time Commissioner will be appointed to lead the Commission for a term of up to five years and will chair a larger board of up to seven members. The board’s size is being increased from five to seven members to reflect the breadth of human rights and equal opportunity the Commission deals with.
The exceptions review explained
What are exceptions and exemptions?
Exceptions and exemptions are an integral part of the EOA. Exceptions are provisions in the Act that allow discrimination in certain circumstances. For example, it would not be unlawful to request only female applicants apply to a job advertisement for a women’s lingerie shop.
In addition to the exceptions, temporary exemptions from the EOA can be granted by Victorian Civil and Administrative Tribunal (VCAT). Any individual or group can apply to VCAT for an exemption to the Act, which allows discrimination to occur in certain circumstances.
This is how women-only gyms such as Fernwood, and gay and lesbian clubs can operate lawfully and legitimately, having gone through the VCAT process.
The Equal Opportunity Act recognises that in order to operate in a balanced and fair and common-sense way in the community - sometimes exceptions need to be made. It recognises that not every situation is covered by a blanket law that makes all discrimination against the law.
Exception applications need to show that they advance equal opportunity.
Exceptions and exemptions provide a way to balance people’s competing rights and freedoms.
The Inquiry into the exceptions to and exemptions from the Equal Opportunity Act
In December 2008, the parliamentary committee for the Scrutiny of Acts and Regulations was asked to inquire into, consider and report to Parliament on whether any amendments should be made to the exceptions and exemptions in the EOA. The Committee is to consider whether there should be any amendments made to:
• the 50 plus exceptions provisions in the EOA
• the VCAT exemption process
• the statutory authority exception, which permits discrimination if necessary to comply with other laws.
The Committee released an Options Paper in May 2009 seeking submissions in response to the options for amendment. The Commission made a submission in response to the Options Paper outlining its views on the various options set out for consideration.
It is anticipated that the Committee will present a Final Report to Parliament in October or early November 2009.
Links and further information
Equal Opportunity Review
Commission documents
- The Commission submission to the Equal Opportunity Review Options Paper 2008 PDF - RTF
- The Commission’s submission to the Equal Opportunity Review Discussion Paper 2007 PDF - RTF
External links
- An Equality Act for a Fairer Victoria – Equal Opportunity Review Final Report
- Equal Opportunity Act review – other related documents
Exceptions Review
Commission documents
- The Commission’s submission to the Inquiry into the Exceptions and Exemptions in the Equal Opportunity Act 2009 PDF - RTF
- The Commission’s submission to the Exceptions Review Consultation Paper 2008 PDF - RTF
External links
- More information about the Scrutiny of Acts and Regulations Committee’s Exceptions and Exemptions review
- “We must tackle discrimination in all its forms”, Attorney-General Rob Hulls, Letter to the editor, The Age, 26/07/09
Media Releases
