Exceptions and Exemptions in the Equal Opportunity Act 1995

December 2008	On the 16 December the Governor in Council referred [Terms of Reference] requiring the Scrutiny of Acts and Regulations Committee to inquire into, consider and report to Parliament by 30 April 2009 on whether any amendments should be made to the exceptions and exemptions in the Equal Opportunity Act 1995.
Jan - Feb 2009	The Committee wrote to the Speaker to seek funding for the inquiry on 27 January. A response was received on 19 February approving funding. The Committee wrote to the Attorney-General on 25 February seeking an extension to the reporting date and received a response on 10 March. The Committee resolved to engage a consultant for the inquiry and circulated a notice to law faculties and universities for potential consultants.
March 2009	The Committee met on 10 March and resolved to engage Associate Professor Elizabeth Gaze as the consultant for the inquiry.
May 2009	The Committee tabled its [Options Paper] on 7 May and has call for submissions from the public (closing 10 July 2009).
July 2009	The Committee met on 20 July 2009 to consider whether to hold public hearings following the receipt of a substantial number of submissions. Please see the [list of witnesses] tentatively scheduled to appear at public hearings on Tuesday, 4 and Wednesday, 5 August 2009.
August 2009	The Committee held public hearings on 4 and 5 August 2009 at Parliament House, Melbourne. Transcripts of evidence will be posted below following correction by witnesses.
October 2009	The Committee considered a draft report and recommendations over a number of meetings during October based on the evidence before it. On 26 October 2009 the Committee adopted its Final Report concerning Exceptions and Exemptions in the Equal Opportunity Act 1995.
November 2009	The Committee is scheduled to table the Final Report on 24 November 2009.

The Scrutiny of Acts and Regulations Committee held public hearings concerning the inquiry on 4 and 5 August 2009. Transcripts of the evidence given at these hearings will be added to the list below after correction by witnesses.

Tuesday, 4 August

Victorian Equal Opportunity and Human Rights Commission [RTF 118Kb; PDF 46Kb]

Human Rights Law Resource Centre & Public Interest Law Clearing House [RTF 112Kb; PDF 44Kb]

Law Institute of Victoria [RTF 108Kb; PDF 44Kb]

JobWatch [RTF 82Kb; PDF 24Kb] - Follow-up information [PDF 78Kb]

Victorian Automobile Chamber of Commerce [RTF 96Kb; PDF 35Kb]

Victorian Employers’ Chamber of Commerce and Industry [RTF 93Kb; PDF 34Kb]

Tenants Union of Victoria [RTF 113Kb; PDF 43Kb]

Insurance Council of Australia [RTF 100Kb; PDF 36Kb]

Australian Finance Conference [RTF 85Kb; PDF 25Kb]

Victorian Gay and Lesbian Rights Lobby [RTF 98Kb; PDF 36Kb]

ALSO Foundation [RTF 94Kb; PDF 34Kb]

Transgender Victoria [RTF 83Kb; PDF 26Kb]

Wednesday, 5 August

Lyceum Club [RTF 105Kb; PDF 37Kb]

Melbourne Savage Club [RTF 100Kb; PDF 31Kb] - Addendum [PDF 9Kb]

Catholic Bishops of Victoria [RTF 103Kb; PDF 39Kb]

Catholic Social Services [RTF 97Kb; PDF 34Kb]

Anglican Church of Australia [RTF 100Kb; PDF 37Kb]

Presbyterian Church of Victoria [RTF 93Kb; PDF 33Kb]

Islamic Council of Victoria [RTF 85Kb; PDF 28Kb]

Christian Schools Australia [RTF 108Kb; PDF 42Kb]

Sikh Interfaith Council of Victoria [RTF 64Kb; PDF 33Kb] - Material supplied by witness concerning 'Sikh articles of faith' [PDF 77Kb]

B’nai B’rith Anti-Defamation Commission [RTF 82Kb; PDF 25Kb] - Follow-up information [PDF 61Kb]

Mt Evelyn Christian School [RTF 94Kb; PDF 33Kb]

Australian Christian Lobby [RTF 119Kb; PDF 51Kb]

Catholic Education Office [RTF 105KB; PDF 41Kb]

Association of Independent Schools of Victoria [RTF 104Kb; PDF 37Kb]

Victorian Independent Education Union [RTF 124Kb; PDF 55Kb]

Information about how to make a submission can be found here [PDF 70Kb]. The deadline for submissions was Friday, 10 July 2009. Further information can be obtained from andrew.homer@parliament.vic.gov.au.

Submissions for this inquiry have now closed.

Please find the complete list of submissions here. --> List of Submissions

INQUIRY INTO THE EXCEPTIONS AND EXEMPTIONS IN THE EQUAL OPPORTUNITY ACT 1995

a) The Governor, with the advice of the Executive Council, under section 33 of the Parliamentary Committees Act 2003 requests that the Scrutiny of Acts and Regulations Committee of Parliament (the Committee) inquire into, consider, and report to Parliament on whether any amendments should be made to the exceptions and exemptions in the Equal Opportunity Act 1995.

b) The Committee is requested to provide its final report to Parliament by 30 April 2009.

Victorian Government Gazette, G51, 18 December 2008

Options Paper (complete) [RTF 3.32Mb, PDF 635Kb]

Options Paper (by section)

Introductory pages [PDF 70Kb]

Committee membership
Terms of Reference
How to make a submission
Chair’s Foreword

Introduction [PDF 97Kb]

Introduction
Background: General Questions
Reviewing the Exceptions: Approaches and Principles

Exceptions

1 - Exceptions to discrimination in employment [PDF 190Kb]
2 - Exceptions to discrimination in education [PDF 52Kb]
3 - Exceptions to discrimination in the provision of goods and services and the disposal of land [PDF 33Kb]
4 - Exceptions to discrimination in accommodation [PDF 40Kb]
5 - Exceptions to discrimination by clubs and club members [PDF 20Kb]
6 - Exceptions to discrimination in Sport and Local Government [PDF 31Kb]
7 - General Exceptions [PDF 214Kb]
8 - Relationship with other Acts [PDF 53Kb]

Appendices [PDF 33Kb]

A – List of exceptions and exemptions in the Equal Opportunity Act 1995
B – Sample Special Measures Provisions
C – Comparison of Statutory Authority provisions in other States and Territories

Minority Report [PDF 15Kb]

Final Report

Final Report (complete with introductory pages and appendices) [PDF 548Kb, RTF 5.87Mb]

Final Report (selected sections)

Recommendations [PDF 109Kb]

Introduction [PDF 120Kb]

The Committee inquiry
Other inquireis concerning the Equal Opportunity Act 1995
Evidence available to the Committee
Structure of this report
Guiding principles for review

When is discrimination prohibited?

Employment [PDF 156Kb]
Setting reasonable terms and conditions of employment or partnership [PDF 82Kb]
Employment-related areas [PDF 68Kb]
Education [PDF 99Kb]
Provision of goods and services and disposal of land [PDF 70Kb]
Accommodation [PDF 81Kb]
Clubs and club members [PDF 64Kb]
Sport [PDF 51Kb]
Local Government [PDF 54Kb]
General Exceptions and Exemptions [PDF 74Kb]
The religious exceptions [PDF 129Kb] - including 'Private clubs'
Special Measures [PDF 116Kb]

Other matters [PDF 71Kb]

Minority Report [PDF 191Kb]