The Scrutiny of Acts and Regulations Committee is conducting an Inquiry into Discrimination in the Law. The focus of the Inquiry concerns provisions in legislation that discriminate or may lead to discrimination against any person. The alleged discrimination must be relevant to one of the sixteen attributes, such as age, sex or race, prescribed in section 6 of the Equal Opportunity Act 1995 (Vic) (‘EOA’).

In December 2003, the Committee released a Discussion Paper that described discrimination law, including the attributes prescribed in the EOA, the different types of discrimination and explanations of how the different exceptions in the EOA and the exemptions regime operated. The Discussion Paper was published by the Committee to assist people and organisations in focusing on the issues and then making a comment or a submission.

The Committee advertised the Inquiry and the Discussion Paper in metropolitan, regional and local newspapers, and in community languages. The Committee was pleased to receive over 400 submissions.

In December 2004, the Committee released a ‘Progress Report’, which summarised the submissions received by the Committee, except for a small number that did not fall within the Terms of Reference of the Inquiry. The Progress Report also looked at the issue of statutory compliance in other jurisdictions and described human rights protections models in New Zealand and the Australian Capital Territory. In the Progress Report, the Committee also examined the operation of section 69 of the EOA.

The Committee is now pleased to release its Interim Report. This report includes interim recommendations in respect to a number of identified Acts, whereby the Committee has made a preliminary examination of provisions in those Acts that are alleged to discriminate or lead to discrimination against any person.

The next phase of the Inquiry will be to hold public hearings and to take evidence from expert witnesses, interested persons and organisations. The evidence taken at these public hearings will assist the Committee in the final deliberative phase of the Inquiry before tabling its final report in September 2005.

Lily D’Ambrosio MP
Chairperson

June 2005