Federal laws Legislation and grounds of discrimination Areas covered Australian Human Rights Commission Act 1986 Discrimination on the basis of race, colour, sex, religion, political opinion, national extraction, social origin, age, medical record, criminal record, marital or relationship status, impairment, mental, intellectual or psychiatric disability, physical disability, nationality, sexual orientation, and trade union activity. Also covers discrimination on the basis of the imputation of one of the above grounds. Discrimination in employment or occupation. Age Discrimination Act 2004 Discrimination on the basis of age – protects both younger and older Australians. Also includes discrimination on the basis of age-specific characteristics or characteristics that are generally imputed to a person of a particular age. Discrimination in employment, education, access to premises, provision of goods, services and facilities, accommodation, disposal of land, administration of Commonwealth laws and programs, and requests for information. Disability Discrimination Act 1992 Discrimination on the basis of physical, intellectual, psychiatric, sensory, neurological or learning disability, physical disfigurement, disorder, illness or disease that affects thought processes, perception of reality, emotions or judgement, or results in disturbed behaviour, and presence in body of organisms causing or capable of causing disease or illness (eg, HIV virus). Also covers discrimination involving harassment in employment, education or the provision of goods and services. Discrimination in employment, education, access to premises, provision of goods, services and facilities, accommodation, disposal of land, activities of clubs, sport, and administration of Commonwealth laws and programs.
Victoria: Equal Opportunity Act 2010 (VIC) Discrimination on the basis of age, breastfeeding, disability, employment activity, gender identity, industrial activity, lawful sexual activity, marital status, parental status or status as a carer, physical features, political belief or activity, pregnancy, race (including colour, nationality, ethnicity and ethnic origin), religious belief or activity, sex, sexual orientation, and personal association with someone who has, or is assumed to have, any of these personal characteristics. Sexual harassment is also prohibited under this Act. Victoria: Racial and Religious Tolerance Act 2001 (VIC) Vilification on the basis of race or religion is prohibited under this Act. Discrimination in employment, partnerships, firms, qualifying bodies, industrial organisations, education, provision of goods and services, disposal of land, accommodation (including alteration of accommodation), clubs, sport, and local government. Western Australia: Equal Opportunity Act 1984 (WA) Discrimination on the basis of sex, sexual orientation (including by association), marital status, pregnancy, breastfeeding, race, religious or political conviction, age (including by association), impairment (including by association), family responsibility or family status, gender history, and publication of relevant details on Fines Enforcement Registrar’s website. Sexual harassment and racial harassment are also prohibited under this Act. Western Australia: Spent Convictions Act 1988 (WA) Discrimination on the basis of having a spent conviction is prohibited under this Act. Discrimination in employment, including against applicants, commission agents and contract workers, partnerships, professional or trade organisations, qualifying bodies, employment agencies, application forms, advertisements, education, access to places and vehicles, provision of goods, services and facilities, accommodation, clubs, and land.