Anti-Discrimination Reforms: The Proposed Harmonisation of Anti-Discrimination Laws


The Federal Government has released an exposure draft for a new Anti-Discrimination Bill, which proposes to harmonise, into a single statute, the Commonwealth’s anti-discrimination laws and the Australian Human Rights Commission Act 1986 into one piece of legislation, the Human Rights and Anti-Discrimination Bill 2012 (Draft Bill).

The proposed changes to the current laws are:

Altered Definition of Discrimination -

The Draft Bill proposes to simplify the definition of direct discrimination by defining direct discrimination as 'unfavourable treatment because of a protected attribute'. In consequence of this change, the comparator test that is currently applied under the Age Discrimination Act 2004 and Sex Discrimination Act 1984 will be replaced by a 'detriment test' that is currently applied under State anti-discrimination legislation in Victoria and the Australian Capital Territory.

The Draft Bill also proposes to simplify the test for indirect discrimination to limit indirect discrimination to circumstances where an employer imposes a condition, practice or requirement that would have the effect of disadvantaging an employee with a protected attribute.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© K&L Gates LLP | Attorney Advertising

Written by:


K&L Gates LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.