Consolidation of Anti-Discrimination Laws
The Attorney General and Minister for Finance and Deregulation have released a Discussion Paper on the consolidation of Australia's four federal anti-discrimination laws. Responses are due by 1st Feb 2012.
While preparing your response, check out the recent guest blogs on www.equalitylaw.org.au from transgender advocate Sally Goldner , Jamie Gardiner addressing religious excemptions and Sue Hendy on age discrimination. Equality Rights Alliance has prepared a response to the Government's Discussion Paper on Consolidating Federal Anti-Discrimination Laws. See below to download. We're seeking endorsements from organisations and individuals. Please send your endorsement to era@ywca.org.au by COB 31 January 2012.
The discussion paper, details on how to make a submission and further information about the project are available from the Attorney-General's Department website. We encourage everyone to make their own submission on the Discussion Paper - the deadline is 1 February 2012.
Citing the previous Attorney General's press statement of 22 September 2011, feedback on the Discussion Paper will inform the development of exposure draft legislation for a new Consolidated Act, which will be released for public consultation in early 2012.
Background
Equality Rights Alliance advocates for greater protection of women's equality in laws. We're calling on the Australian Government to strengthen legislative protections against gender-based discrimination as part of the consolidation of Commonwealth anti-discrimination laws - the Government's 'Consolidation Project'. Email info@equalityrightsalliance.org.au to endorse our submission on the harmonisation of Commonwealth anti-discrimination laws.
Commonwealth anti-discrimination legislation is currently located in four separate Acts: the Racial Discrimination Act 1975, the Sex Discrimination Act 1984, the Disability Discrimination Act 1992, and the Age Discrimination Act 2004.
In April 2010 the Australian Government announced review of federal anti-discrimination legislation - the 'Consolidation Project', to harmonise and consolidate current laws into a single Commonwealth Act. The review of existing anti-discrimination laws will focus on "removing unnecessary regulatory overlap, addressing inconsistencies across existing Acts and making the system more user-friendly in order to reduce compliance costs for individuals and business. The Government is also considering further the complaints handling processes and the related role and functions of the Australian Human Rights Commission. The draft bill for the consolidated Act will be released sometime in 2011. At this stage the Government has indicated that public consultation on the Consolidation Project will commence after the release of the draft bill.
Equality Rights Alliance recognises the Consolidation Project is a key opportunity to address gaps in our current anti-discrimination legislation and establish a stronger, equality based legislative framework. We urge the Australian Government to ensure that the harmonisation of anti-discrimination laws improves and strengthens protections against gender discrimination. In particular, we are urging the Government to adopt and implement the recommendations of the Senate Standing Committee on Legal and Constitutional Affairs on the effectiveness of the Sex Discrimination Act 1984, which have been referred to the Consolidation Project. (In 2008 Equality Rights Alliance - then known as WomenSpeak - collaborated with other women's advocates and academics to produce a submission on the effectiveness of the Sex Discrimination Act. Scroll to the bottom to download a copy of this comprehensive analysis, including 48 recommendations to strengthen the Sex Discrimination Act).
Consolidation Project - ERA's work in 2010
During 2010, Equality Rights Alliance:
- Met with leading anti-discrimination law academics, women's groups, the Human Rights Branch of the Attorney-General's Department, and the Sex Discrimination Commissioner to discuss key issues for women in the consolidation of anti-discrimination laws; and
- Met with the Attorney-General and the Minister for Finance and Deregulation to discuss their planned law reforms.
- Endorsed letters to the Attorney General regarding the consolidation project, for example working with the Human Rights Law Resource Centre. Check out www.equalitylaw.org.au for regular indepth and insightful analysis of the Consolidation Project.
In December 2010 Equality Rights Alliance hosted a roundtable with women's advocates, academics and anti-discrimination practitioners to discuss the harmonisation of anti-discrimination laws, and the potential impact on women and gender-based discrimination.
Further Reading
ERA response to Govt's Discussion Paper on Consolidation Project
Comments
More submissions on Consolidation Project Discussion Paper
As the due date approaches for submissions to the Government Discussion Paper on the consolidation of Commonwealth anti-discrimination laws, we draw your attention to new submissions available on the www.equalitylaw.org.au website.
1. Human Rights Law Centre “Realising the Right to Equality” (24 January 2012)
2. Organisation Intersex International Australia Ltd Submission (13 January 2012)
Submissions prepared by the Australian Human Rights Commission and Discrimination Law Experts are also available on the equality law website.
Remember that submissions in response to the Discussion Paper are due by 1 February 2012 if you are preparing your own response!
New Guest Blogs
You can also check out the recent guest blogs from transgender advocate, Sally Goldner, a blog addressing the issue of religious exceptions by Jamie Gardiner, a former Commission Member of the Victorian Equal Opportunity & Human Rights Commission, and a blog prepared by the CEO of COTA Victoria, Sue Hendy on age discrimination. Please get in touch with anna.brown@hrlc.org.au or rachel.ball@hrlc.org.au
you would like to author a guest blog for equalitylaw.org.au.
AHRC submission on Domestic Violence as ground of discrimination
The Australian Human Rights Commission has prepared a supplementary submission to the review of Commonwealth anti-discrimination laws (the 'consolidation project') on the possible introduction of domestic and family violence as a new ground of discrimination.
The Commission’s submission has been sent to the Attorney-General’s Department and is publicly available on the Commission’s website at http://humanrights.gov.au/legal/submissions/index.html.
Seeking endorsement: ERA submission on Consolidation Project
As you all know, in September 2011 the Attorney General and Minister for Finance and Deregulation released a Discussion Paper on the consolidation of Australia's four federal anti-discrimination laws.
Equality Rights Alliance has prepared a response to this Discussion Paper. See http://www.equalityrightsalliance.org.au/projects/consolidation-anti-dis... to download our submission, or HIT REPLY to this email, and we'll send you a copy of the submission.
We're now seeking endorsements from organisations and individuals to our submission. We are aiming for 50 + endorsements - join us in our call for better gender protections in clearer, improved anti-discrimination laws. Please send your endorsement to era@ywca.org.au by COB 31 January 2012.
Need endorsements for ERA submission on Consolidation Project
As you all know, in September 2011 the Attorney General and Minister for Finance and Deregulation released a Discussion Paper on the consolidation of Australia's four federal anti-discrimination laws.
Equality Rights Alliance has prepared a response to this Discussion Paper. See http://www.equalityrightsalliance.org.au/projects/consolidation-anti-dis... to download our submission, or HIT REPLY to this email, and we'll send you a copy of the submission.
We're still seeking endorsements from organisations and individuals to our submission. We are aiming for 50 + endorsements - join us in our call for better gender protections in clearer, improved anti-discrimination laws. Please send your endorsement to era@ywca.org.au by COB 31 January 2012.
New Domestic Violence and Workplace website
A new website www.dvandwork.unsw.edu.au has been launched by the Safe at Home, Safe at Work Project funded by DEEWR to promote the introduction of domestic violence clauses in industrial instruments. Please consider creating a link on your website to www.dvandwork.unsw.edu.au
The website has information and resources for:
Plus a variety of resources including:
Speech made at the 'Safe at Home, Safe at Work' conference
Deputy Sex Discrimination Commissioner Andrea Durbach spoke at the Safe at Home, Safe at Work Conference, hosted recently by the Australian Domestic and Family Violence Clearinghouse. Her speech focuses on domestic violence as a ground of discrimination and might be of interest for those following the consolidation project.
An extract from the speech...
One of the key principles underlying the Federal Government-initiated consolidation project, as it is known, is to clarify and enhance protections, where appropriate. The project presents a timely law reform opportunity to evaluate the rationale and evidence to substantiate such an enhanced protection by way of a possible and, in our view, appropriate new ground of discrimination related to domestic and family violence.
Indeed, in its discussion paper on the consolidation of Commonwealth discrimination legislation, released in September this year, the Government identified early support for the introduction of protections against discrimination related to domestic and family violence.
The evidence to support this work, has been—and continues to be—convincingly demonstrated. I doubt there is anyone in the room today who isn’t aware of the prevalence data about domestic violence. An estimated 1.2 million women in Australia over the age of 15 have experienced domestic or family violence, usually at the hands of a male partner.
What is less well known, however—and this is brought to light by the work of the Clearinghouse—is that almost two-thirds of women affected by domestic and family violence in this country are in some form of paid employment. This equates to around 800,000 women in the workplace, who are experiencing domestic or family violence.
Add to this figure the number of male victims and survivors and the many individuals who do not report domestic or family violence, who are also in paid employment.
You can access the full speech from the Australian Human Rights Commission website, or HIT REPLY to this email and we can email the speech directly to you.
Update on Consolidation Project
For everyone interested in the Government's 'Consolidation Project' to consolidate the four federal anti-discrimination laws into a single ACT - here is a brief update:
1. Multi-stakeholder Forums: Consultations on the Discussion Paper on Consolidation Project
ERA was represented at the recent Canberra stakeholder forum on Thursday 10 November. Thanks to Elizabeth Kentwell (WEL), Margaret Smith (National Council of Women of Australia) and Alison Laird (YWCA Australia) who also waved the ERA flag!
If you have particular interest in what was discussed at the Canberra forum, please email Kathy Richards era@ywca.org.au
Consulation forums with Attorney General Department are taking place in Sydney and Melbourne. Contact Attorney General Department on Antidiscrimination@ag.gov.au or call 02 6141 3424 for more information.
2. Process for ERA/joint submission
ERA will be preparing a response to the Discussion Paper on the consolidation project. This will largely draw on points we have raised in previous documents - for example our previous work on the Sex Discrimination Act, and our work on the Consolidation Project earlier this year.
Please contact Kathy Richards era@ywca.org.au if you would like more information about our activities on the 'consolidation project'.
Stakeholder forums and blogs on the 'Consolidation Project'
Trying to keep up with the 'consolidation project' - the Australian Government's initiative to consolidate the four federal anti-discrimination Acts in to one new ACT? Here's some information to help you on your way.
Stakeholder forums to discuss the consolidation project are being hosted by the Attorney General Department in Canberra (10 November 2011) and Sydney (18 November 2011). Passes are limited so please let Kathy Richards, era@ywca.org.au know if you would like to attend (potential Canberra attendees please email ASAP!)
And be sure to check out the October guest blogs featured on the HRLC’s Equality Law Reform Project website.
Dr Belinda Smith and Dr Dominique Allen argue that, 'while the federal government has called only for a ‘consolidation’ of Commonwealth anti-discrimination laws, the review process provides an opportunity for us to rethink the framework of these laws and the conception of discrimination that underpins it'.
Age Discrimination Commissioner, Susan Ryan also features a blog, noting that if we 'remove age discrimination, we’ll have more financially independent older people and a more productive economy'.
Both are great reads, highly recommended.
When to expect Draft Bill for Consolidated Act?
In response to last week's release of a Discussion Paper on the Consolidation Project, questions have been asked regarding the timeframe for release of exposure draft legislation.
In terms of process, ERA very much welcomes the release of the Discussion Paper! We have been advocating for the Attorney General's Department to instigate a better consultation process with stakeholders to gather feedback on outstanding issues in Australia's discrimination legislation, and for that process to be well ahead of any release of draft legislation for a Consolidated Act.
We will now be carefully considering the content of the Discussion Paper and preparing an ERA response. Submissions on the Discussion Paper are due 1st February 2012. The discussion paper, details on how to make a submission and further information about the project are available from the Attorney-General's Department website.
According to the Attorney General's press statement of 22 September, feedback on the Discussion Paper will inform the development of exposure draft legislation, which will be released for public consultation in early 2012.
Equality Law Reform Conference - Materials Now Available
On 26 July 2011, a sell out crowd of 100 advocates, lawyers, academics, community leaders and policy makers came together to discuss the Consolidation Project at an event hosted by the Human Rights Law Centre.
Much of the discussion focussed on the scope of this consolidation exercise, with many speakers and attendees urging the Consolidation Project to address gaps in the law, strengthen existing protections and, ultimately, promote substantive equality. It remains to be seen whether the draft legislation, due in the coming months, will fulfil these expectations.
A number of speeches and powerpoint presentations from the conference are now available on-line from the Human Rights Law Centre.
I am supporting this law
I am supporting this law aside from the fact that I am woman who are being weak in the eyes of the people in our society but I am standing for those women out there who cannot fight for themselves and shout for our rights. As I am surfing the net this morning, I have read an article with regards to Wal-Mart Inc. Supreme Court of the United States has ruled unanimously that Wal-Mart should be protected from a huge gender bias class action. According to The Guardian, the class action would have been the biggest sex prejudice class action lawsuit in United States history at 1.6 million claimants, if it was allowed to move forward. The only legal alternative for female employees of Wal-Mart is to carry on with individual cases, should they wish. I found this here: Gender bias suit against Wal-Mart dropped by Supreme Court. As this, I am giving an inspiration for those women who are experiencing gender bias to shout for justice.
Great new website - Equality Law Reform Project
We’re pleased to support a new website created by the Human Rights Law Centre to facilitate NGO input and engagement with the Federal Government’s Consolidation Project: equalitylaw.org.au.
The website contains background information about the Consolidation Project, links to publicly available submissions and other useful resources and details of upcoming meetings and events.
The site features a fantastic inaugural blog by Simon Rice. Upcoming blogs will include a piece by the Attorney-General as well as international and domestic experts and commentators on equality, users of the anti-discrimination system, and representatives of interest groups affected by the laws.
The website also has a notice board so you can contribute to the discussion and share information about any upcoming events and developments.
What a great resource! Congratulations to the Human Rights Law Centre.
Submission from Victorian Women Lawyers
Available for download is the submission to the Consolidation Project from Victoria Women Lawyers - Thanks to VWL for sharing!
ERA is happy to share other submissions being made on the Consolidation Project - just email era@ywca.org.au with your submission, and we'll upload on this webpage.
Even more endorsements!
Kathy tells me there are now 52 endorsements for ERA's submission on the Consolidation Project.
Update on endorsements to submission!
We have 42 endorsements for our submisison on the Consolidation Project. ERA will be sending the submission to the Attorney General's Department - please hurry if you would like to add your organisation's endorsement to this important document. The submission is available on request from era@ywca.org.au
Update on work to strengthen anti-discrimination protections
We're thrilled to have more almost 40 endorsements to our submission on the Consolidation Project! We're aiming for 50! Please email us to receive a copy of our submission, and join the chorus calling for stronger mechanisms to protect against gender discrimination. Endorsements close Thursday 17 March 2011.