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What is
discrimination?
Discrimination is treating a
person, or group of people, less favourably than you
would treat others in the same circumstances because of
their membership of a particular group, such as having a
disability, or being a woman, being hard of hearing or
having a disability.
Discrimination can be direct - when
we treat someone less favourably because of negative
stereotyped ideas. An example of this might be refusing
to employ women because of a belief that they are too
emotional or Aboriginal people because of a belief that
they are unreliable.
Or it can be indirect - rules,
practices or policies which appear to be neutral can have
the effect of unreasonably excluding whole groups of
people.
Examples are
- Police height restrictions
which have the effect of excluding people of Asian
back-grounds because they are generally not as tall as
their European counterparts.
- Seniority rules for promotion
which tend to exclude women who have had time off work
for child rearing.
- Insisting that membership to a
club requires reading and writing skills to complete
the application form.
Which laws make
discrimination unlawful?
The following Acts make
certain types of discriminatory behaviour
unlawful:
- Anti-Discrimination Act
(NSW)
- Racial Discrimination Act
(Commonwealth)
- Sex Discrimination Act
(Commonwealth)
- Human Rights and Equal
Opportunity Commission Act (Commonwealth)
- Disability Discrimination Act
(Commonwealth).
These Acts are concerned with
discrimination in a person's public life rather than
their personal life.
The most important Acts for people
with an intellectual disability in NSW are the NSW
Anti-Discrimination Act and the Commonwealth Disability
Discrimination Act.
NSW
Anti-Discrimination Act
The Anti-Discrimination Act
(NSW) provides that discrimination may be unlawful if it
is based on one of the following grounds:
- race/aboriginality
- homosexuality
- HIV/AIDS
- sex
- transgender status
- carer's
responsibilities
- marital status
- disability
- age
- pregnancy
All of these types of
discrimination are against the law if they occur in
circumstances of employment, education, accommodation,
registered clubs, trade unions and qualifying bodies,
obtaining goods or services.
Commonwealth
Disability Discrimination Act (DDA)
The DDA makes it unlawful to
discriminate against a person based on disability in the
following areas: employment and work related, education
including private education, access to premises used by
the public, goods and services, land, clubs and
associations, accommodation, sport and Commonwealth laws
and programs.
Disabilities covered by the Act are
categorised as physical, intellectual, psychiatric,
sensory, neurological or learning
disabilities.
Discrimination against a person
because they have some physical disfigurement, or because
they have some disease-causing organism (for example,
HIV) present in their body is also covered, as is
discrimination when the person does not actually have a
disability but is perceived by others as having a
disability.
The Act also makes it unlawful to
discriminate against a person because of their
association with a person with a disability.
How do you
complain?
There are two ways of seeking
redress for discriminatory acts against people with an
intellectual disability through the;
- Human Rights and Equal
Opportunity Commission
- Anti-Discrimination
Board.
Human Rights and
Equal Opportunity Commission (HREOC)
Under the DDA complaints of
discrimination based on disability can be made to the
Human Rights & Equal Opportunity Commission.
Complaints can be made within 12 months after the
discrimination has happened.
Complaints can also be made where
an act of discrimination is proposed but has not yet
happened. You do not need to wait until the damage is
done.
Complaints can be made
by:
- a person directly affected by
an act of discrimination
- a person affected by
discrimination on their own behalf and on behalf of
other people similarly affected
- a person on behalf of another
person, or persons who are affected by discrimina
tion
- an organisation, for example a
trade union, on behalf of a person or persons who are
affected by an act of discrimination
Phone 1300 656 419
Website www.hreoc.gov.au
The
Anti-Discrimination Board (ADB)
Complaints can be made to the
Anti-Discrimination Board within six months of the time
of the discriminatory act.
How are complaints
handled?
Both acts are aimed at
changing attitudes. There is therefore much more emphasis
on education, negotiation and conciliation than on
imposing penalties. Both bodies will try to conciliate a
settlement.
The Anti-Discrimination Board (ADB)
can refer the matter to the Equal Opportunity
Tribunal.
If your complaint to the Human
Rights and Equal Opportunity Commission can not be
resolved by conciliation, it may have to be heard by the
Federal Court, which is likely to cost more in time and
money than the State Tribunal.
Both the Board and the Commission
have wide ranging powers to remedy the
situation.
Phone ADB Advice line (02)
9268 5544 or 1800 670 812
Website www.lawlink.nsw.gov.au/adb.nsf
For further
information
Legal Advice available between 2pm
- 5pm weekdays
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