The Law Handbook 2024

998 Section 11: Rights, activism and fair treatment at work • Spent conviction discrimination guideline: Complying with the Equal Opportunity Act; • Guideline: Sex work discrimination: Your rights and responsibilities under the Equal Opportunity Act • Workplace race discrimination guideline (to be published in 2024) These practice guidelines are available at www. humanrightscommission.vic.gov.au. Action plans Under section 152 of the Equal Opportunity Act, an organisation can prepare an action plan that specifies the steps that are necessary to improve its compliance with the Act. Equal opportunity action plans may be registered with the VEOHRC, which may provide advice about preparing and implementing action plans and set minimum requirements for them. Like guidelines, action plans are not legally binding, but may be considered by a court or tribunal where relevant in proceedings before them. This provision is similar to action plans to improve accessibility to employment and services for people with disability, which can be registered with the Australian Human Rights Commission under the Disability Discrimination Act 1992 (Cth). Intervening in proceedings The Equal Opportunity Act (s 159) allows the VEOHRC to seek leave to intervene in a matter that involves issues of equal opportunity, discrimination, sexual harassment or victimisation. It also allows (s 160) the VEOHRC to seek leave to assist the court or tribunal as amicus curiae (friend of the court). The VEOHRC also has the power to intervene in matters under the Charter of Human Rights and Responsibilities Act, discussed below. The VEOHRC’s legal intervention submissions under the Equal Opportunity Act can be viewed at the VEOHRC’s website at www. humanrightscommission.vic.gov.au. Undertake reviews The Equal Opportunity Act (s 151) also allows the VEOHRC to undertake reviews to ensure compliance with the Equal Opportunity Act. Reviews can only be undertaken on the request of a person with authority to request the review. Once a request is made, the VEOHRC can enter into an agreement with that person to review their practices and programs to determine compliance with the Equal Opportunity Act. Information about the VEOHRC’s reviews is on its website (www.humanrightscommission.vic.gov.au – under ‘Reviews, research and investigations’). Other VEOHRC functions The VEOHRC has other functions that assist with the oversight, prevention and regulation of discrimination, sexual harassment and victimisation under the Equal Opportunity Act. The VEOHRC can: • establish and undertake information and education programs in relation to the Equal Opportunity Act, the Charter of Human Rights and Responsibilities Act, and the Racial and Religious Tolerance Act; • promote and advance the objectives of the Equal Opportunity Act and be an advocate for this Act; • notify the Attorney-General and relevant minister when it becomes aware of any provision of an Act that discriminates, or has the effect of discriminating, against any person; • collect and analyse information and data relevant to the operation of the Equal Opportunity Act; • undertake research into any matter arising from, or incidental to, the operation of the Equal Opportunity Act or that would advance the objectives of the Act; and • submit a report to the Attorney-General on any matter arising from the VEOHRC’s performance of its educative or research functions. The VEOHRC has the powers necessary to enable it to perform these functions. Charter of Human Rights and Responsibilities Act Introduction The Charter of Human Rights and Responsibilities Act commenced on 1 January 2007. Victoria was the first Australian state to establish a charter that explicitly protects human rights. The Australian Capital Territory ( ACT ) has similar human rights legislation ( Human Rights Act 2004 (ACT)), as does Queensland ( Human Rights Act 2019 (Qld)).