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Equal Opportunity Review

Equal opportunity legislation in Victoria dates back to 1977. The legislation has been successful in raising awareness and preventing some forms of discrimination. However, there remains a need to address systemic barriers to equal opportunity.

This need was raised in the Attorney-General's Justice Statement 2004, the Victorian Government's 2006 election commitment, as well as recent government policies including 'Growing Victoria Together 2' and 'A Fairer Victoria'. These policies recognised the particular relationship between systemic discrimination and entrenched disadvantage in Victoria.

The Attorney-General initiated an independent review to make recommendations in relation to the following parts of the Equal Opportunity Act 1995 (EOA):

• parts 1 and 2 'Preliminary' and 'What is prohibited discrimination?'
• part 7 'Complaints and their Resolution' and related provisions in the Victorian Civil and Administrative Tribunal Act 1998 and regulations
• part 8 'Investigations by the Commission and Tribunal'
• part 9 'Administration' which establishes the institutional structures for the Victorian Equal Opportunity and Human Rights Commission
• part 10 'Offences'
• any related provisions necessary to meet the objectives of the review.

It was outside the terms of reference for the review to consider the:

• amendments to the Racial and Religious Tolerance Act 2001
• exceptions and exemptions in the Equal Opportunity Act 1995, which will be considered by the Department of Justice in the context of a separate review required by the Charter of Human Rights and Responsibilities. Refer to the Related Pages menu on the right hand side for further information on the exceptions review.

The review was conducted by former Victorian Public Advocate, Julian Gardner between September 2007 and June 2008. The Department of Justice provided the reviewer with corporate support and legal and research assistance.