The Law Handbook 2024

1002 Section 11: Rights, activism and fair treatment at work • all override declarations made during the year. These Charter reports are available on the VEOHRC’s website. Commonwealth anti-discrimination law Key Acts and the Australian Human Rights Commission The four main Commonwealth anti-discrimination Acts are the: • Racial Discrimination Act 1975 (Cth) (‘ RD Act ’); • Sex Discrimination Act 1984 (Cth) (‘ SD Act ’); • Disability Discrimination Act 1992 (Cth) (‘ DD Act ’); • Age Discrimination Act 2004 (Cth) (‘ AD Act ’). In December 2022, the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth) was enacted. This Act amended the RD Act and the Australian Human Rights Commission Act 1986 (Cth) (‘ AHRC Act ’), as well as the SD Act, DD Act and AD Act. Amendments to these Acts are reflected in this chapter. In February 2022, the Parliamentary Workplace Reform (Set the Standard Measures No. 1) Act 2022 (Cth) was enacted. This Act amended the AD Act and DD Act to clarify that the operation of these Acts extends to the staff members of Commonwealth parliamentarians. Generally, discrimination is when a person, or a group of people, is treated less favourably than another person or group because of certain personal characteristics, such as race, disability, age, sex, pregnancy, marital status, family responsibilities, breastfeeding, sexual orientation, gender identity, or intersex status. Complaints of unlawful discrimination can be made to the Australian Human Rights Commission under the AHRC Act. The AHRC investigates discrimination complaints and attempts to settle them by conciliation. Complainants may apply for their complaint to be filed and heard in the Federal Court or the Federal Circuit and Family Court of Australia if a complaint cannot be resolved by the AHRC. For more information about federal discrimination law, visit the AHRC’s website (www.humanrights.gov. au) . In particular, search for the AHRC’s publication, Federal Discrimination Law 2016 . Complaint handling by the AHRC Complaints of unlawful discrimination lodged under the RD Act, SD Act, DD Act and AD Act are handled under Part IIB of the AHRC Act. Complaints must be in writing and must be lodged by, or on behalf of, the person aggrieved (i.e. the person who claims to have been discriminated against), who is alleging unlawful discrimination. The complaint must make an allegation of unlawful discrimination based on particular conduct and, as fully as practicable, set out the details of the alleged acts, omissions or practices. It must also be reasonably arguable that the alleged acts, omissions or practices are unlawful discrimination. The President of the AHRC may inquire into complaints and attempt to conciliate them. The AHRC will usually provide a copy of the complaint (excluding contact details) to the person or organisation that is alleged to have acted unlawfully. The President may terminate (i.e. discontinue) a complaint if they are satisfied that: • the complaint does not involve unlawful discrimination; • the complaint has been lodged outside of the prescribed time: – if the alleged unlawful discrimination took place before 13 December 2022, the complaint must have been lodged within six months after the alleged unlawful discrimination took place, unless the complaint relates to sex discrimination, in which case the complaint must have been lodged within 24 months after the alleged discrimination took place; – if the alleged unlawful discrimination took place on or after 13 December 2022, the complaint must have been lodged within 24 months after the alleged unlawful discrimination took place; • after considering all the circumstances, an inquiry or continuation of an inquiry into the complaint is not warranted; • another remedy has already been sought in relation to the subject matter of the complaint, and the complaint has already been adequately dealt with; • the complaint involves subject matter that has already been adequately dealt with by the AHRC or another statutory body; • the complaint can be satisfied by some other more appropriate remedy that is reasonably available;