The Law Handbook 2024

984 NOTE The law in this chapter is current as at 1 September 2023. Key legislation Anti-discrimination laws in force in Victoria include: • Equal Opportunity Act 2010 (Vic) (‘ Equal Opportunity Act ’); • Racial and Religious Tolerance Act 2001 (Vic) (‘ Racial and Religious Tolerance Act ’); • Racial Discrimination Act 1975 (Cth); • Sex Discrimination Act 1984 (Cth); • Disability Discrimination Act 1992 (Cth); • Age Discrimination Act 2004 (Cth); • Australian Human Rights Commission Act 1986 (Cth). These laws make discrimination unlawful in a range of areas of public life, including in employment, education, sport, the provision of goods and services, the provision of accommodation, and in certain government activities. Discrimination and victimisation that occur in the workplace may also be covered by the Fair Work Act 2009 (Cth) (‘ FairWorkAct ’). For further information about the Fair Work Act, see Chapter 11.5: Employment contracts, awards and agreements. The overlap between Commonwealth and Victorian laws is complex. Generally, a complaint of discrimination cannot be made under both Common­ wealth and state legislation at the same time, so it is important to choose the appropriate avenue. Generally, discrimination legislation enables people who have experienced certain forms of discrimination to access confidential dispute resolution and conciliation services – and, in some instances, a public hearing – to resolve their discrimination dispute. In Victoria, the right to equality and freedom from discrimination is alsoprotected in the Charter of Human Rights and Responsibilities Act 2006 (Vic) (‘ Charter of Human Rights and Responsibilities ’). Making a complaint Choosing a jurisdiction in which to lodge a complaint can be a complex choice. Different time limits apply to different jurisdictions. It may be useful to seek legal advice before lodging your complaint. Victorian Equal Opportunity and Human Rights Commission (VEOHRC) People wishing to enquire about or make a complaint of discrimination, sexual harassment, victimisation, racial or religious vilification, or report a change or suppression practice, may contact the VEOHRC. You can phone the VEOHRC between 10am and 2pm Monday to Friday. Complaints can also be lodged through the VEOHRC’s website. For the VEOHRC’s contact details, see ‘Contacts’ at the end of this chapter. The VEOHRC has also published a Victorian discrimination law resource, Victorian Discrimination Law , that explains the Equal Opportunity Act and the Racial and Religious Tolerance Act in detail and considers relevant case law. Victorian Civil and Administrative Tribunal (VCAT) Under the Equal Opportunity Act, you can choose to take your complaint to the VEOHRC for dispute resolution or apply to VCAT for dispute resolution and to have your complaint heard in a public hearing. Applications to VCAT can be lodged online. For VCAT’s contact details, see ‘Contacts’ at the end of this chapter. Australian Human Rights Commission (AHRC) Complaints of racial, disability, age and sex dis­ crimination under the Commonwealth Acts (listed above) should be made in writing. A complaint form is available on the AHRC’s website (www. Discrimination and human rights 11.1 Contributors: Gabrielle Watson-Munro, Senior Legal Advisor, VEOHRC and Melissa De Abreu, Senior Lawyer, AHR C