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A Review of the Exceptions and Exemptions in the Equal Opportunity Act 1995

The Department of Justice is undertaking a review of the exceptions and exemptions in the Equal Opportunity Act 1995 (the Act). This is separate to the broad review of the Act undertaken by Mr Julian Gardner.

The purpose of the Exceptions Review is to assess whether or not the exceptions and exemptions in the Act are compatible with the Charter of Rights and Responsibilities Act 2006 (the Charter).The Department of Justice released a Consultation Paper in February 2008. The Consultation paper can be accessed at the link below. Submissions to the Consultation Paper closed on 18 April 2008. Over 500 submissions were received from a range of organisations, academics and individuals.

In December 2008, the Governor in Council made an order referring the exceptions and exemptions in the Act to the Scrutiny of Acts and Regulations Committee of Parliament (“SARC”). The terms of reference require SARC to inquire into, consider and report to Parliament on whether any amendments should be made to the exceptions and exemptions the Act. Submissions to the Consultation Paper that have not requested confidentiality were made available to the Committee to assist with its inquiry.

SARC tabled an Options Paper on 7 May 2009 and called for public submissions. The final date for submissions was 10th July 2009. SARC held public hearings on 4 and 5 August 2009. SARC has indicated it will table its final report by the end of 2009. Click on the link on the sidebar to link to SARC’s Options Paper and for information about the review.

On Sunday 27 September 2009, the Government announced its policy on the religious exceptions which have been the subject of much public interest. The changes slightly narrow the religious exceptions by no longer allowing discrimination on certain grounds such as race, age and impairment and by requiring religious bodies and schools to show a closer link between the requirements of the particular job and the need to discriminate. The changes were announced in a Media Release from the Acting Premier and Attorney-General Religious Freedom to be Protected under Equal Opportunity Changes.

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Author:	Department of Justice
Place of Publication:	Victoria
Publisher:	Department of Justice
Date of Publication:	2008
Number of Pages:	27
Copyright:	State of Victoria, 2008.