1. INTRODUCTION = 1
2. THE WIDER ISSUES
2.1. International Conventions = 2
2.2. Inconsistency between federal and state laws = 12
2.3. Inconsistency between the act and other NSW laws = 13
2.4. Choice of jurisdiction - state or federal? = 14
2.5. Constitutional protection of rights = 15
2.6. Industrial relations and discrimination legislation = 17
2.7. Occupational health and safety = 28
2.8. Discriminatory Industrial practices and policies = 29
3. DISCRIMINATION LAW IN AUSTRALIA
3.1. Public vs. private rights = 31
3.2. Defining discrimination = 34
3.3. "Merit" based legislation = 35
3.4. Restructuring the Act = 36
3.5. Use of examples of discrimination = 37
3.6. Possible of conflicts between grounds of discrimination = 37
3.7. Definition of "discrimination" = 37
3.8. Characteristics that are "generally imputed" = 39
3.9. Meaning of "on the ground of" = 40
3.10. Discrimination on the basis of association = 41
3.11. Intention to discriminate = 42
3.12. Direct and indirect discrimination = 42
3.13. The Act's response to discrimination = 45
4. THE SCOPE OF THE ACT
4.1. Race discrimination and racial vilification = 47
4.2. Race vilification = 49
4.3. Sex discrimination = 58
4.4. Marital status discrimination = 69
4.5. Discrimination on the ground of disability = 72
4.6. Homossexuality = 95
4.7. Compulsory retirement = 101
4.8. Victimisation = 105
4.9. Advertisements
4.10. Aiding unlawful acts
4.11. Liability of principals and employers = 109
4.12. General exceptions = 110
4.13. Occupational health and safety = 113
4.14. Exception for Charities and Voluntary bodies = 117
4.15. Exception for religious bodies = 119
4.16. Exception regarding housing and accommodation for aged persons = 121
4.17. Ministerial exemptions = 122
4.18. General exceptions = 124
5. EXTENDING THE SCOPE OF THE ACT
5.1. General Observations on the Scope of the Act = 127
5.2. Transsexuality = 131
5.3. Religion = 134
5.4. Political conviction = 143
5.5. Trade union membership = 146
5.6. Mental illness/psychiatric disability = 147
5.7. Age = 148
5.8. Unborn children = 150
5.9. Family status/family responsibilities/parenthood = 150
5.10. Prisoners and ex-prisoners = 155
5.11. Appearance, accent, geographical location and social status = 156
5.12. Other grounds that should be considered = 158
5.13. Discrimination on the basis of association = 160
5.14. Vilification = 162
5.15. Areas of operation = 163
5.16. Requests for information = 165
5.17. Exceptions = 166
5.18. The language of the Act = 173
6. THE ACT'S ENFORCEMENT MECHANISMS
6.1. Complaint based model = 175
6.2. Pursuing a complaint after the death of a complaint = 181
6.3. Right of those concerned about discrimination but not directly affected by it to make a complaint = 182
6.4. Complaints in writing = 183
6.5. Intellectual disability = 183
6.6. Acces to the board = 184
6.7. Should unions be able to lodge complaints? = 184
6.8. Complaints on the behalfe of children = 185
6.9. President's discretion to decline complaints = 185
6.10. Investigation of the complaint = 186
6.11. The conciliation process = 187
6.12. Production of documents = 191
6.13. Legal representation in conciliation = 192
6.14. Remedies at the conciliation level = 193
6.15. Time limits for complaints = 193
6.16. Delays in investigation and conciliation = 195
6.17. Penalties = 198
6.18. Branch offices = 198
6.19. Resources = 199
6.20. Parties = 199
6.21. Conduct of hearing = 199
6.22. Onus of proof = 200
6.23. Legal representation = 201
6.24. Damages = 202
6.25. Definition of "complaint" = 205
6.26. Who is entitled to damages? = 205
6.27. Changes in policies = 205
6.28. Representative complaints and class actions = 206
6.29. Costs = 209
6.30. Taxation of settlements = 214
6.31. Incentives to settle = 215
6.32. Provision to withdraw a complaint in the tribunal = 216
6.33. Penalties = 216
6.34. Tribunal rules = 216
6.35. Appeals = 217
6.36. Delays in resolving complaints = 217
6.37. Tribunal membership = 218
6.38. Administrative matters = 219
6.39. Transfer of complaints between the Tribunal and government complaints units = 219
6.40. Office of the director of Equal Opportunity in public Employment = 220
7. LEGISLATION AND EDUCATION
7.1. Need for Anti-Discrimination legislation = 223
7.2. Effectiveness in reducing discriminatory practices = 224
7.3. Measuring effectiveness = 225
7.4. Is legislation enough? = 226
7.5. Accessibility and awareness of legislation = 226
7.6. Confidentiality and conciliation = 232
7.7. Interaction between the Board, the Tribunal and the director's office = 232
7.8. Other educational initiatives required = 233
7.9. Current resources for educational initiatives = 234
7.10. Resources = 234
7.11. Methods of resourcing the Act = 236
REFERENCES = 238
ATTACHMENTS = 241
2. THE WIDER ISSUES
2.1. International Conventions = 2
2.2. Inconsistency between federal and state laws = 12
2.3. Inconsistency between the act and other NSW laws = 13
2.4. Choice of jurisdiction - state or federal? = 14
2.5. Constitutional protection of rights = 15
2.6. Industrial relations and discrimination legislation = 17
2.7. Occupational health and safety = 28
2.8. Discriminatory Industrial practices and policies = 29
3. DISCRIMINATION LAW IN AUSTRALIA
3.1. Public vs. private rights = 31
3.2. Defining discrimination = 34
3.3. "Merit" based legislation = 35
3.4. Restructuring the Act = 36
3.5. Use of examples of discrimination = 37
3.6. Possible of conflicts between grounds of discrimination = 37
3.7. Definition of "discrimination" = 37
3.8. Characteristics that are "generally imputed" = 39
3.9. Meaning of "on the ground of" = 40
3.10. Discrimination on the basis of association = 41
3.11. Intention to discriminate = 42
3.12. Direct and indirect discrimination = 42
3.13. The Act's response to discrimination = 45
4. THE SCOPE OF THE ACT
4.1. Race discrimination and racial vilification = 47
4.2. Race vilification = 49
4.3. Sex discrimination = 58
4.4. Marital status discrimination = 69
4.5. Discrimination on the ground of disability = 72
4.6. Homossexuality = 95
4.7. Compulsory retirement = 101
4.8. Victimisation = 105
4.9. Advertisements
4.10. Aiding unlawful acts
4.11. Liability of principals and employers = 109
4.12. General exceptions = 110
4.13. Occupational health and safety = 113
4.14. Exception for Charities and Voluntary bodies = 117
4.15. Exception for religious bodies = 119
4.16. Exception regarding housing and accommodation for aged persons = 121
4.17. Ministerial exemptions = 122
4.18. General exceptions = 124
5. EXTENDING THE SCOPE OF THE ACT
5.1. General Observations on the Scope of the Act = 127
5.2. Transsexuality = 131
5.3. Religion = 134
5.4. Political conviction = 143
5.5. Trade union membership = 146
5.6. Mental illness/psychiatric disability = 147
5.7. Age = 148
5.8. Unborn children = 150
5.9. Family status/family responsibilities/parenthood = 150
5.10. Prisoners and ex-prisoners = 155
5.11. Appearance, accent, geographical location and social status = 156
5.12. Other grounds that should be considered = 158
5.13. Discrimination on the basis of association = 160
5.14. Vilification = 162
5.15. Areas of operation = 163
5.16. Requests for information = 165
5.17. Exceptions = 166
5.18. The language of the Act = 173
6. THE ACT'S ENFORCEMENT MECHANISMS
6.1. Complaint based model = 175
6.2. Pursuing a complaint after the death of a complaint = 181
6.3. Right of those concerned about discrimination but not directly affected by it to make a complaint = 182
6.4. Complaints in writing = 183
6.5. Intellectual disability = 183
6.6. Acces to the board = 184
6.7. Should unions be able to lodge complaints? = 184
6.8. Complaints on the behalfe of children = 185
6.9. President's discretion to decline complaints = 185
6.10. Investigation of the complaint = 186
6.11. The conciliation process = 187
6.12. Production of documents = 191
6.13. Legal representation in conciliation = 192
6.14. Remedies at the conciliation level = 193
6.15. Time limits for complaints = 193
6.16. Delays in investigation and conciliation = 195
6.17. Penalties = 198
6.18. Branch offices = 198
6.19. Resources = 199
6.20. Parties = 199
6.21. Conduct of hearing = 199
6.22. Onus of proof = 200
6.23. Legal representation = 201
6.24. Damages = 202
6.25. Definition of "complaint" = 205
6.26. Who is entitled to damages? = 205
6.27. Changes in policies = 205
6.28. Representative complaints and class actions = 206
6.29. Costs = 209
6.30. Taxation of settlements = 214
6.31. Incentives to settle = 215
6.32. Provision to withdraw a complaint in the tribunal = 216
6.33. Penalties = 216
6.34. Tribunal rules = 216
6.35. Appeals = 217
6.36. Delays in resolving complaints = 217
6.37. Tribunal membership = 218
6.38. Administrative matters = 219
6.39. Transfer of complaints between the Tribunal and government complaints units = 219
6.40. Office of the director of Equal Opportunity in public Employment = 220
7. LEGISLATION AND EDUCATION
7.1. Need for Anti-Discrimination legislation = 223
7.2. Effectiveness in reducing discriminatory practices = 224
7.3. Measuring effectiveness = 225
7.4. Is legislation enough? = 226
7.5. Accessibility and awareness of legislation = 226
7.6. Confidentiality and conciliation = 232
7.7. Interaction between the Board, the Tribunal and the director's office = 232
7.8. Other educational initiatives required = 233
7.9. Current resources for educational initiatives = 234
7.10. Resources = 234
7.11. Methods of resourcing the Act = 236
REFERENCES = 238
ATTACHMENTS = 241