Scrutiny of Acts and Regulations Committee

Discrimination in the Law
Inquiry under section 207 of the Equal Opportunity Act 1995

Final Report, Chair's Introduction

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The Scrutiny of Acts and Regulations Committee is pleased to present its Final Report on the Inquiry into Discrimination in the Law. The focus of the Inquiry concerned provisions in Victorian legislation that discriminate or may lead to discrimination against any person on the grounds of one of the attributes prescribed in section 6 of the Equal Opportunity Act 1995 (‘EOA’), such as age, sex and race.

The inquiry process involved the following major steps:

  • In December 2003, the Committee released a Discussion Paper which described anti-discrimination law, including the prescribed attributes defining direct and indirect discrimination and the exemptions and exceptions prescribed in the EOA. The paper posed some key questions to assist persons and organisations in formulating their comments or submissions to the Committee.

  • From December 2003 through to March 2004, the Committee undertook extensive advertising in metropolitan, regional and local newspapers and in community languages, advising of the Discussion Paper’s availability and calling for comments or submissions.

  • The Committee received over 400 written submissions.

  • In December 2004, the Committee tabled a Progress Report which summarised the submissions received, including those later excluded by the Committee for various reasons mentioned in Chapter 1 of this report.

  • In June 2005, the Committee tabled an Interim Report which included interim recommendations in respect to a number of provisions identified in Acts that were alleged to discriminate.

  • Public hearings were held on 11 and 12 July 2005, at which the Committee took evidence from expert witnesses, interested persons and organisations. The evidence taken at public hearings assisted the Committee in the deliberative phase of the Inquiry and the formulation of recommendations.

The Inquiry was an ambitious and demanding undertaking for a Parliamentary Committee. The terms of reference of the Inquiry, in effect, required the Committee to review and consider all Victorian legislation that discriminates or that may lead to discrimination. The Committee considered that the most efficient and productive way to identify provisions that discriminate was to open the Inquiry to comment and participation by the community, and to invite submissions from individuals and organisations. From the outset the Committee acknowledged that this methodology would not necessarily facilitate the identification of every instance of discrimination in Victorian legislation. However, the Committee believed that the Acts identified represented those of immediate concern within the community. As the Committee notes in Chapter 3, there are systemic and serious disadvantages in conducting a periodic, post-enactment review such as this current review under section 207 of the EOA. Therefore, the Committee has decided to make recommendations for an improved regime for future review or audit of legislation that is not compliant with equal opportunity principles.

I take this opportunity to thank the Committee’s consultants, Ms Dominique Saunders and Ms Nicole Schlesinger, for their legal research and high level of professional expertise in discrimination law. I also wish to thank the Committee’s secretariat staff for their tremendous support and valuable suggestions during the course of the Inquiry.

 

Lily D’Ambrosio MP
Chairperson

6 September 2005

Scrutiny of Acts and Regulations Committee
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