Discrimination in the Law

Inquiry under section 207 of the Equal Opportunity Act 1995

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Chair’s Introduction

The Scrutiny of Acts and Regulations Committee is conducting an inquiry into Victorian laws that discriminate or may lead to discrimination against any person.. The focus of the inquiry is Victorian Acts and Regulations.

In Victoria, the Equal Opportunity Act 1995 is the Act that prohibits discrimination on the basis of various attributes or personal characteristics, for example a person’s age, sex, race, impairment or religious belief. These are only a few of the attributes.

In some circumstances discrimination is not unlawful. This is where there is good reason for the discrimination. An example of this is where the discrimination is designed to promote equal opportunity for people with special needs, for women or people with impairment or who are elderly.

Under the Equal Opportunity Act something will not be unlawful discrimination if it is done to comply with another law. This is the focus of the Committee’s Inquiry. The Committee has been asked to consider the policy reasons for such laws and to make recommendations for keeping the laws, changing them or repealing them.

The Discussion Paper explains discrimination law, the different types of discrimination, that it can be direct and indirect, as well as the attributes. Exemptions and exceptions are also explained. Wherever possible this has been done by also giving case examples.

The Committee welcomes responses to the Discussion Paper and input into the Inquiry.

Lily D’Ambriosio MP
Chairperson


Scrutiny of Acts and Regulations Committee
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