Key developments
- Inquiry into employment discrimination against older Australians and Australians with disability
- Inquiry into the Fair Work Amendment (Gender Pay Gap) Bill 2015
- Aboriginal incarceration and driver disqualification
- Children and Young Persons (Care and Protection) Amendment (Protection from Serious Offenders) Bill 2015
- Regulation of legal costs for work capacity decisions
- Security classification and management of inmates sentenced to life imprisonment
- Crimes (Administration of Sentences) Amendment (National Security Interest Inmates) Regulation 2015
- Consultation on the draft Federal Court Central Practice Note and draft National Practice Area Practice Notes
- Criminal Code Amendment (Firearms Trafficking) Bill 2015
- Statutory Review of the Relationships Register Act 2010
- Office of the Australian Information Commissioner and freedom of information
Inquiry into employment discrimination against older Australians and Australians with disability
The Human Rights Committee (HRC) and the Employment Law Committee (ELC) wrote to the Law Council of Australia in relation to the Australian Human Rights Commission’s inquiry into employment discrimination against older Australians and Australians with disability.
The Committees noted that in 2011, the Commonwealth Government considered the consolidation of Commonwealth anti-discrimination laws. In undertaking that exercise, it became clear that the various anti-discrimination legislation provide for varying levels of protection. The strongest level of protection is offered by the Racial Discrimination Act 1975 (Cth) (‘RDA’). In the HRC’s view, all legislation prohibiting discrimination based on protected attributes, including in respect of age and disability, should offer the same level of protection as the RDA in respect of discrimination based on race.
The ELC noted that workplace and anti-discrimination law represented two different but overlapping jurisdictions. In their view, the distinction should be preserved as there are benefits for applicants in having a choice of jurisdiction. The ELC also made further specific comments in relation to discrimination on the basis of age.
