Law Reform Submissions 2012

PILCH submission - Australia's National Human Rights Action Plan 2012

On 1 March 2025 PILCH made a submission to the Australian Government in response to the Exposure Draft of Australia's National Human Rights Action Plan 2012 (Draft Action Plan).

The PILCH submission is based on PILCH's direct experience providing services to marginalised and disadvantaged community members, including:

  • eople experiencing homelessness;
  • Older people;
  • Prisoners;
  • Asylum seekers and refugees; and
  • Marginalised and disadvantaged persons who cannot afford to pay for the legal assistance they require.

Consolidation of the Commonwealth Anti-Discrimination Laws

In February 2012, PILCH made a submission to the Commonwealth Government in relation to its project of consolidation of all federal anti-discrimination laws.  

Equality is one of the foundations of a democratic and free society and there is a growing body of empirical evidence that demonstrates that societies with greater equality are more harmonious, healthier and more successful.  Despite what we know about the damaging effect of unequal societies, there remain in Australia significant inequalities for particular groups and those groups continue to face discrimination in many areas of public and private life.  PILCH receives many requests for assistance with complaints about discrimination on the grounds of sexual orientation, sexual identity, sex, race, religion, disability, social status and criminal record and in areas of life such as education, prisons, medical care, housing, employment, policing, provision of Government welfare services and transport.  Our submission makes recommendations for reform based on our client work and focuses on providing Government with examples and case studies arising from our work.

Our submission addresses issues such as:

  • Refinement of the definition of discrimination;
  • Shifting the burden of proof in discrimination matters;
  • Positive duties to promote substantive equality;
  • Adding protection for discrimination based on a person's:
    • homelessness, unemployment status or receipt of social security; or
    • irrelevant criminal record;
  • Protection for volunteers;
  • Coverage of vicarious liability provisions in respect of volunteers;
  • Review and removal of permanent exceptions; and
  • The conciliation and court processes, including broadening the standing provisions.