The Law Handbook 2024

Chapter 11.1: Discrimination and human rights 985 humanrights.gov.au) . For the AHRC’s contact details, see ‘Contacts’ at the end of this chapter. Fair Work Ombudsman and Fair Work Commission The Fair Work Ombudsman can provide inform­ ation about options to pursue matters of employment discrimination action under the Fair Work Act. A translating and interpreting service is available by phoning 13 14 50. The Fair Work Commission (FWC) can provide information about options to pursue employment- related discrimination and sexual harassment complaints. For contact details, see ‘Contacts’, below. Victorian anti- discrimination law Key Acts The Equal Opportunity Act is Victoria’s anti- discrimination legislation. The objectives of the Equal Opportunity Act (s 3) are: • to eliminate discrimination, sexual harassment and victimisation to the greatest extent possible; • to further promote and protect the right to equality in the Human Rights Charter; • to encourage the identification and elimination of systemic causes of discrimination, sexual harassment and victimisation; • to promote and facilitate the progressive realisation of equality as far as reasonably possible by recognising that: – discrimination can cause social and economic disadvantage and that access to opportunities is not equitably distributed throughout society, – treating everyone the same can lead to unequal outcomes, and – achieving substantive equalitymay requiremaking reasonable adjustments and accommodations or taking special measures; • to enable the VEOHRC to encourage best practice and facilitate compliance with the Equal Opportunity Act, through education, research and enforcement; • to enable the VEOHRC to resolve disputes about discrimination, sexual harassment and victimisation in a timely manner, and to provide direct access to VCAT for the resolution of such disputes. The Racial and Religious Tolerance Act also provides remedies for racial and religious vilification. Complaints about vilification can also be brought to the VEOHRC or to VCAT. It is possible to bring a dispute about racial or religious vilification under the Racial and Religious Tolerance Act and racial or religious discrimination under the Equal Opportunity Act to the VEOHRC simultaneously. Complaints of serious racial or religious vilification can also be made to Victoria Police. The objectives of the Racial and Religious Tolerance Act (s 4) are: • to promote the full and equal participation of every person in a society that values freedomof expression and is an open and multicultural democracy; • to maintain the right of all Victorians to engage in robust discussion of any matter of public interest; or to engage in, or comment on, any form of artistic expression, discussion of religious issues or academic debate where such discussion, expression, debate or comment does not vilify or marginalise any person or class of people; • to promote dispute resolution and resolve tensions between people who (as a result of their ignorance of the attributes of others and the effect that their conduct may have on others) vilify others on the grounds of race or religious belief or activity and those who are vilified. What is discrimination? The Equal Opportunity Act (s 6) protects people from discrimination on the basis of the following attributes: • sex; • gender identity; • sexual orientation; • lawful sexual activity; • pregnancy; • breastfeeding; • marital status (married, same-sex or heterosexual domestic partnership, single, separated, divorced or widowed); • race (colour, nationality, ethnic or national origin, descent or ancestry);