ALHR Newsletters

From newsletter: First newsletter for 2012
Published: 02/03/2012

Another major reform, another major submission: the Attorney-General's Department called for submissions on its discussion paper on the Consolidation of Commonwealth Anti-Discrimination Laws. ALHR responded.
 
The project seeks to consolidate existing laws in place against race, sex, disability and age discrimination into a single Act, to assist people to easily understand their rights and obligations. The reform aims to reduce complexity and inconsistency, without reducing existing protections, as well as introduce new protections against discrimination on the basis of sexual orientation and gender identity. You can read more about the project, the consultation and access the Discussion Paper here. 
 
The ALHR submission made a number of recommendations, including:

• The shifting of the burden to the respondent establish a non-discriminatory reason for treatment once a complainant has raised a prima facie case;
• The introduction of a special measures provision which covers all protected attributes;
• An express duty to make reasonable adjustments to the physical or social environment for all protected attributes;
• A positive duty in public sector organisations to eliminate discrimination and harassment, and the attribution of responsibility to public sector organisations which subcontract or delegate their functions to private parties;
• Strong protection against discrimination on the basis of sexual orientation, sex characteristics, gender identity and gender expression, defined as inclusively as possible;
• Broadening of protection against discrimination, by extending bases to religious and political belief/activity, trade union membership, carer and/or family responsibilities, homelessness and/or social status, irrelevant criminal record, and being a victim or survivor of domestic violence;
• Protection against intersectional discrimination, by including in the definition, discrimination on the basis of the intersection of two or more protected attributes;

?among many more thoughtful recommendations.
 
You can read the full submission here.
 
My sincere congratulations and thanks to Liz Snell, Lily Tsen, Kate Schuetze, Tiffany Henderson and Claire Sharpe for their work on this excellent and substantial submission.