The Law Handbook 2024

Chapter 9.2: Legal issues affecting older people 891 at the end of this chapter). AHRC investigates complaints and tries to resolve them through conciliation. Outcomes of conciliation can include an apology, reinstatement to a job, compensation, or changes to a policy. If a complaint cannot be resolved through AHRC’s process, the complainant may be able to pursue their complaint further in the Federal Court of Australia or in the Federal Circuit and Family Court of Australia. Potential remedies can be found in the Australian Human Rights Commission Act 1986 (Cth). An award of damages is an available remedy, but the court may also order other remedies, which would be agreed upon at conciliation. How to make a complaint under the Equal Opportunity Act Under the EO Act , a person can make a complaint to the Victorian Equal Opportunity and Human Rights Commission ( VEOHRC ) (see ‘Contacts’ at the end of this chapter). VEOHRC processes complaints with a free and impartial dispute resolution service that centres around conciliation. If a complaint cannot be resolved through conciliation, it may be heard by VCAT. For more information about discrimination, see Chapter 11.1: Discrimination and human rights. Grandparenting Overview This section discusses the entitlements of grandparents, how family law affects grandparents, and what to do if you are the primary carer of your grandchild. Grandparents can be key people in their grandchildren’s lives. The relationship between a grandparent and grandchild is often a special one. However, sometimes there can be a breakdown in family relationships and a grandparent may be denied a relationship with their grandchildren. This can be very traumatic both for the grandparent and the grandchild. In other circumstances, a grandparent may find themselves as the primary carer of their grandchild. This may occur because the child’s parents are unable to provide adequate care for a short-term or a long- term period. Relevant legislation The Family Law Act 1975 (Cth) (‘ FL Act ’) deals with separation, divorce, division of property, and who a child will live, spend time and communicate with. The Children, Youth and Families Act 2005 (Vic) (‘ CYF Act ’) deals with children who child protection services believe need protection. What legal options do grandparents have? Under the FL Act, grandparents do not have an automatic right to spend time with their grandchildren. The law does not contain rights for parents or grandparents but prioritises the rights of children (s 60CA FL Act). This means that courts make decisions based on the best interests of the child. The FL Act states that a child has the right to be cared for and to spend time with both parents, and other people who are significant to their care, welfare and development. This has been taken to include grandparents and other extended family; however, a grandparent is unlikely to be awarded the same time as a parent. When determining a dispute, a court considers whether it is in the best interests of the child to spend time with a grandparent. In deciding what is in the child’s best interests, a court will consider: • the child having a meaningful relationship with both parents; • the child being protected from harm; • the wishes of the child; • the relationship the child has with each parent and other people, including grandparents; • the likely effect on the child of changed circumstances, including separation from a parent or person with whom the child has been living; • the practicalities (e.g. cost, distance) of the child spending time with a parent or other significant person; • the child’s maturity and cultural background; • the right of an Aboriginal or Torres Strait Islander child to enjoy their culture. What can you do if you are denied time with your grandchildren? Often, the best way to ensure an ongoing relationship with a grandchild is to maintain a positive relationship