Equal Opportunity Review

In November 2007, the Victorian Attorney General initiated an independent review of various aspects of the Equal Opportunity Act 1995 (Vic) (the EO Act). The review seeks to reform the EO Act to ‘better promote the right to equality and improve protection from discrimination’.

Both PILCH and the HPLC made submissions to the review process focusing on different aspects of the EO Act and the powers of the Victorian Equal Opportunity and Human Rights Commission (VEOHRC).

PILCH - download the PILCH submission

The PILCH submission draws on case examples in which PILCH has assisted by providing individuals with referrals to lawyers for pro bono representation and the feedback obtained through consultation with complainants, lawyers and heath professionals. Through this work PILCH has had first hand experience of dealing with a range of complaints by individuals who have endured some form of discriminatory behaviour and resultant harm.

The submission focussed on:

• the inadequacies and inherent power imbalances of the current complaint system;
• the need to widen the scope of the EO Act to provide broader powers to address systemic discrimination; and
• the need to expand the role of the VEOHRC to investigate and remedy discrimination and increase its capacity to  undertake research for law reform purposes and conduct education and training.

In addition, the submission discusses problems associated with the use of internal grievance procedures by employers. PILCH’s experience is that these procedures are often inconsistent, insensitive and lead to unsatisfactory outcomes for the victim. The submission also addresses the use of confidentiality agreements, noting that the ‘overuse’ of confidentiality agreements leads to a lack of data regarding the incidence of discrimination in the community and a lack of jurisprudence in this area of the law.

PILCH’s submission was informed by principles of international human rights law and obligations on all States to ensure that they have legislation and policies in place that protect all people from discrimination and provide remedies where discrimination occurs.

HPLC - download the HPLC submission

The HPLC submission focuses on the need for urgent review of the EO Act to include ‘social status’ and ‘criminal record’ as protected attributes.  The current provisions of the Act do not make it unlawful to discriminate against a person on the basis of their social status, that is, their homelessness, their unemployment status, or the fact that they are receiving social security payments.  It is also currently lawful to discriminate against someone on the basis of their criminal record.  This lack of protection is contrary to Australia’s relevant obligations under international human rights law and does not reflect the anti-discrimination developments in many common law jurisdictions.

In its submission the HPLC argues that these amendments are necessary to counteract the devastating impact of social status and criminal record discrimination on some of the most disadvantaged and marginalised members of our society.  As HPLC’s work over a number of years has revealed, discrimination can lead to, and further entrench homelessness, unemployment, poverty and recidivism.