ACT Bans Discrimination Against Homeless, Unemployed And Family Violence Victims

Monday 10 April 2017 @ 10.59 a.m. | Legal Research

The Australian Capital Territory has commenced amendments to their discrimination laws which have expanded the number of “protected attributes” protected by law from discrimination.  The legislation now covers discrimination on the basis of accommodation status, employment status, genetic information, immigration status, intersex person status, an irrelevant criminal record, physical features, record of sex being altered and subjection to domestic and family violence.

In a media release, ACT Attorney-General Gordon Ramsay said:

“These changes are about ensuring that stereotypes and stigmatisation do not result in people missing out on a fair go to access services or receive opportunities…

These changes will promote inclusion and fairness in the day to day lives of vulnerable Canberrans. They hold together the appropriate balance between the needs of business, employers and service providers compared to the rights of individuals within our community.

Canberra will be all the stronger when people are not held back by unfair and unreasonable treatment.”

Discrimination Amendment Act 2016

The Discrimination Amendment Act 2016 was notified on 23 August 2016.    The Act introduced a number of amendments based on recommendations made by the ACT Law Reform Advisory Council following an inquiry into the scope and operation of the Discrimination Act 1991 (ACT).

Parts of the Act that outlawed religious and disability vilification and made amendments to the discrimination complaints resolution process were commenced last year, immediately following the Act’s notification.  The remainder of the Act commenced on 3 April 2017.

According to the media release issued by Mr Ramsay, the Act is the first in Australia to make it unlawful to unreasonable discriminate against anyone based on their accommodation status, their employment status, or the fact that they have been a victim of domestic or family violence.

ACT Human Rights Commissioner Dr Helen Watchirs told the Canberra Times the changes to protect survivors of domestic and family violence from discrimination were extremely important:

“We've heard stories of people losing their job when their partners have harassed them at work or because they've been absent from work because of court orders or medical appointments so they are vulnerable…

In other jurisdictions, people have lost their homes because of their partner's harassment of them, maybe they destroy property and they're evicted from that house.”

There are a number of exceptions included in the Act.  For example, while the Act will make it generally unlawful to discriminate on the grounds of physical features, it will be allowed in industries such as drama, the arts, photography and modelling.  There is also an exception where it is reasonably necessary to protect the health and safety of a person.  Examples given in the Legislative Assembly include “sporting competition” and “admission to emergency services”.

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