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VEOHRC Submission to the Inquiry into the Exceptions and Exemptions in the Equal Opportunity Act

In August 2007 the Attorney-General announced a review of the Equal Opportunity Act 1995 (Vic) (EOA) conducted by Julian Gardner. The focus of the review was to investigate how best to address systemic discrimination and promote equal opportunity through reforms to modernise the EOA. 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.

Work is progressing on the development of new legislation to replace the EOA and implement the Government's response to the June 2008 report by Julian Gardner. New legislation is expected to be introduced in late 2009 or early 2010. The Government is considering a range of reforms that will transform the Victorian Equal Opportunity and Human Rights Commission (in this document the Commission) from a complaints handling body to one that acts on systemic discrimination, researches, educates and actively helps people to resolve discrimination disputes and to comply with the law.

Review of exceptions and the granting of temporary exemptions by the Victorian Civil and Administrative Tribunal did not form part of the terms of reference of the broader EOA review but were dealt with in a separate Department of Justice review which began with a Consultation Paper (February 2008). The primary aim of the Departments review of exceptions and exemptions was to ensure that they are necessary and justified pursuant to Victoria's human rights framework established by the Charter of Human Rights and Responsibilities (the Charter). Central to this is the assessment of whether the exceptions are reasonable limitations on the enjoyment of human rights protected and promoted by the Charter. The Commission's submission responding to the Consultation Paper made recommendations in relation to the amendment, repeal or further research and analysis of exceptions to improve the EOA's compatibility with the Charter.

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 are to consider whether there should be any amendments made to:

• the 50 plus exception provisions in the EOA;
• the VCAT exemption process and
• the statutory authority exception.

The Committee released an Options Paper in May 2009 and invited submissions in response.

The Commission has developed this submission in response to the Committees Options Paper.

Download a copy of the submission:

• VEOHRC Submission to the Inquiry into the Exceptions and Exemptions in the Equal Opportunity Act - PDF (409KB) - RTF (342Kb)