The Law Handbook 2024

Chapter 11.1: Discrimination and human rights 997 • do anything specified to redress any loss, damage or injury suffered by the applicant as a result of the contravention. VCAT can make an order for all or any of the above, or it can decline to take any further action (s 125). Parties may represent themselves or be represented by a professional advocate (e.g. a lawyer). VCAT has powers to compel parties to attend alternative dispute resolution, including mediation or a compulsory conference, and to compel third parties to appear before it and produce documents by issuing a summons. If you wish to make an application to VCAT, contact VCAT for further information (see ‘Contacts’ at the end of this chapter.) VCAT has an online application form (at www.vcat.vic.gov.au) for making a complaint of discrimination and a guide to assist people to fill out this form. VCAT’s website also includes information about mediation and compulsory conferences and preparing for VCAT hearings, and a guide with relevant information to the parties before a hearing. VCAT costs In VCAT proceedings, the starting point is that the parties bear their own costs. However, either party may apply to VCAT for an order that all or part of their costs of the proceedings be paid by the other party if it is fair to do so because of the conduct of the other party. In deciding whether to award costs, VCAT considers the case’s particular circumstances. Other regulatory options under the Equal Opportunity Act Investigations Under the Equal Opportunity Act (s 127), the VEOHRC can investigate issues of systemic discrimination on an own-motion basis (i.e. initiated by the VEOHRC). The VEOHRC can investigate any matter relating to the operation of the Equal Opportunity Act, if: • the matter raises a serious issue; • the matter relates to a class or group of people; and • the matter cannot reasonably be expected to be resolved by dispute resolution or by making an application to VCAT under section 122 of the Equal Opportunity Act; • there are reasonable grounds to suspect that the Act has been contravened; and • the investigation would advance the objectives of the Equal Opportunity Act. The VEOHRC may conduct an investigation as it sees fit but is bound by the principles of natural justice (s 129). The VEOHRC may request that a party to an investigation provide relevant information (including documents) to VEOHRC (s 130). Where relevant information is not provided upon request, the VEOHRC can apply to the VCAT to compel the information to be produced (s 131). The VEOHRC may also make an application to VCAT to compel the attendance of witnesses at the VEOHRC (s 134). Following an investigation, the VEOHRC may take any action that it sees fit, including: • entering into an agreement with a person about the action required to comply with the Equal Opportunity Act; • referring the matter to VCAT; • reporting the matter to the Attorney-General or directly to parliament (s 139); • taking no further action; or • making a report about thematter to the Parliament. Practice guidelines Under the Equal Opportunity Act (s 148), the VEOHRC can issue practice guidelines on any matter related to equal opportunity law. Practice guidelines are not legally binding but may be taken into account by a court or tribunal (s 149). The VEOHRC has issued these practice guidelines: • Family violence services and accommodation: Complying with the Equal Opportunity Act; • Trans and gender diverse people in sport: Complying with the Equal Opportunity Act; • Mental illness: Complying with the Equal Opportunity Act in employment; • Guideline for general practices: Complying with the Equal Opportunity Act when providing services; • Transgender people at work: Complying with the Equal Opportunity Act in employment; • Guideline for preventing and responding to workplace sexual harassment: Complying with the Equal Opportunity Act; • Guideline for the recruitment industry and emp­ loyers: Complying with the Equal Opportunity Act in recruitment;