Return to normal view

Equal Opportunity

Equal opportunity and discrimination

Victoria has had an Equal Opportunity Act since 1977. The legislation protects people from discrimination on the basis of their individual attributes in certain areas of public life, and provides redress for people who have been discriminated against. It also aims to eliminate, as far as possible, discrimination, sexual harassment and victimisation.

Discrimination is treating someone unfavourably because of a personal characteristic protected by law, such as the person’s age, race or sex.

Sexual harassment is unwelcome conduct of a sexual nature. It involves behaviour that could reasonably be expected to make a person feel offended, humiliated or intimidated.

Victimisation is treating someone unfavourably or punishing or threatening them because they have exercised their rights under equal opportunity law.

New Equal Opportunity Act

A new Equal Opportunity Act 2010 (the 2010 Act) came into force on 1 August 2011 and replaced the Equal Opportunity Act 1995 (the 1995 Act). 

Like the 1995 Act, the 2010 Act prohibits discrimination when it occurs in: employment and employment-related areas, education, the provision of goods and services, land sales or transfers, accommodation and access to premises, clubs, sport and local government. 

The 2010 Act protects people from discrimination on the basis of the same attributes that are protected in the 1995 Act, which are: age, breastfeeding, employment activity, disability (previously ‘impairment’), gender identity, industrial activity, lawful sexual activity, marital status, parental status or status as a carer, physical features, political belief or activity, pregnancy, race, religious belief or activity, sex, sexual orientation and personal association (whether as a relative or otherwise) with a person who is identified by reference to any of the other attributes.

The 2010 Act continues to prohibit direct and indirect discrimination on the basis of an attribute and the tests for direct and indirect discrimination have been simplified. The 2010 Act also prohibits discrimination as a result of a contravention of requirements to:

• not unreasonably refuse to accommodate a person’s parental or carer responsibilities in their employment
• make reasonable adjustments in employment, education and the provision of goods and services to enable a person with a disability to participate
• not refuse to provide accommodation to a person with a disability because they have an assistance dog, or to make the person to pay an extra charge because of the dog or make them keep the dog elsewhere
• allow reasonable alterations to accommodation to meet the special needs of a person with a disability.

The 2010 Act creates a positive duty to take reasonable and proportionate measures to eliminate discrimination, sexual harassment and victimisation as far as possible.

The 2010 Act also clarifies the circumstances in which special measures are permitted; for the purposes of promoting or realising substantive equality for members of a group with a particular attribute.  Taking a special measure is not discrimination if it meets the criteria in the 2010 Act.

Other features of the 2010 Act include:

• a new structure for the Victorian Equal Opportunity and Human Rights Commission (the Commission) that provides for governance by a Board with an independent Chair and a Commissioner to carry out the day to day operations of the Commission
• encouraging best practice and proactive compliance by individuals and organisations through the Commission’s information, education, training and advisory services; the development of practice guidelines by the Commission; and through voluntary action plans that can be registered with the Commission
• allowing the Commission to conduct investigations where there is evidence of a breach of the Act and the issue is serious, affects a class or group or people and is unlikely to be remedied through the normal complaints processes
• encouraging people to resolve their own disputes (for example, by seeking information from the Commission) and providing a more effective dispute resolution system that places the focus on early and flexible dispute resolution at the Commission and allowing complainants to go directly to the Victorian Civil and Administrative Tribunal (VCAT) to have their matter determined
• extending prohibitions against sexual harassment to protect unpaid workers and volunteers.

A general guide to the 2010 Act has been prepared to highlight the main changes between the 1995 Act and the 2010 Act. The guide is available by clicking on the Guide to the Equal Opportunity Act 2010 link in ‘Related Pages’.

You can download a copy of the 2010 Act from the Victorian Legislation and Parliamentary Documents website.

Further information and assistance is available from the Commission and VCAT, whose details are set out below. 

Victorian Equal Opportunity and Human Rights Commission (Commission)

The Commission is a statutory body that promotes equality of opportunity in Victoria, educates people about their rights and responsibilities under equal opportunity laws, and provides free and impartial dispute resolution services for people with disputes about discrimination, sexual harassment, victimisation and racial and religious vilification.

The Commission website outlines how and where Victorian equal opportunity and anti-discrimination laws operate.  It also explains related laws such as the Charter of Human Rights and Responsibilities Act 2006 and the Racial and Religious Tolerance Act 2001.

Contact details are:

Victorian Equal Opportunity and Human Rights Commission
3/204 Lygon Street
Carlton VIC 3053
Tel: 1300 891 848, Advice Line: 1300 292 153, TTY: 1300 289 621
Fax: 1300 891 858
Email: information@veohrc.vic.gov.au, or complaints@veohrc.vic.gov.au

Victorian Civil and Administrative Tribunal (VCAT)

VCAT hears and determines disputes about many issues, including disputes about discrimination, sexual harassment and victimisation under the Equal Opportunity Act 2010, and disputes about racial and religious vilification under the Racial and Religious Tolerance Act 2001.

Further information about VCAT is available on the link in ‘Related Pages’. See also the VCAT website under Web Links on the right for more details about how to make an application to VCAT. 

Federal laws

Discrimination is also prohibited under Commonwealth anti-discrimination legislation. See the link to the Australian Human Rights Commission in ‘Related Pages’.