The equal opportunity act 1984 eo act is the main piece of legislation underpinning the principles of equal opportunity in western australia. The western australian equal opportunity act 1984 the act recognises that equal opportunity is not necessarily achieved by treating everyone the same. Equity and diversity wa health, government of western australia. The eo act addresses discrimination in the areas of employment, accommodation, education and the provision of goods, facilities, services and activities on the following grounds. Administration of act and ministerial direction 11. Simultaneously, in 1986, she was appointed a commissioner of the law reform commission of western australia a. Pursuant to section 50d of the equal opportunity act 1984, the occupant of this position must be of aboriginal descent. An act to promote equality of opportunity in western australia and to provide remedies in respect of discrimination on the grounds of sex, marital status, pregnancy, race, religious or political conviction, or involving sexual harassment. There are two main types of bullying behaviour, overt and covert.
Intergovernmental arrangements part ii discrimination on ground of sex, marital status, pregnancy or breast feeding division 1 general 8. Oct 23, 2016 unfortunately, as we shall see below, the western australian equal opportunity act 1984 the act has significant problems in terms of all three elements, making it serious competition to the nsw antidiscrimination act 1977 for the unwanted title of worst lgbti antidiscrimination law in the country. Dealing with bullying guidance note department of commerce. The equal opportunity act 1984 is the relevant piece of state antidiscrimination legislation and makes it unlawful to discriminate against a person on grounds. Versions of this act includes consolidations, reprints and as passed versions subsidiary legislation made under this act current versions history of this act. Dec 19, 2018 consolidated versions currency start currency end suffix download compare equal opportunity act 1984. The office of the commissioner for equal opportunity is an independent statutory office and autonomous in the performance of their functions. The departments equal opportunity and antidiscrimination policy sets.
In the august budget the state government announced that the substantive equality unit, and its attendant funding, was to cease, with its training functions to be absorbed into the community education and training unit. Equal opportunity department of education and training. Complaints must be made to the commissioner for equal opportunity within 12. In accordance with section 144 of the equal opportunity act 1984, i hereby submit for your information and presentation to parliament, my annual report for the year ending 30 june 20 fiona roche acting director of equal opportunity in public employment 19 september 20. The equal opportunity act 1984 was enacted by the western australian parliament in 1984 and came into operation in july 1985. Equal opportunity act 1984 south australian legislation. Equal opportunity act equal opportunity commission. This is a link to a complete version of the equal opportunity act 1984. The department of justice is an equal opportunity employer and is committed to growing the aboriginal and torres strait islander workforce as a part of eeo management plan. Aboriginal and torres strait islander people are encouraged to apply. In accordance with section 144 of the equal opportunity act 1984 i hereby submit my annual report for the year ending 30 june 2018, for your information and presentation to the parliament of western australia.
Whats wrong with western australias equal opportunity. As a measure to achieve equality, section 51 of the equal opportunity act 1984 applies to this position. There are federal, state and territory laws in australia to protect people from discrimination and harassment. All state laws can be accessed from the state law publishers website at. Racial hatred act 1995 commonwealth as amended sex discrimination act 1984 commonwealth as amended human rights and equal opportunity commission act 1986 commonwealth workers compensation and injury management act 1981 wa as amended age discrimination act 2004 commonwealth. We strongly support a robust system to administer the equal opportunity act to meet the objectives. Published under the legislation revision and publication act 2002 1 south australia. Equal opportunity, discrimination and harassment policy.
Equal opportunity act, 1984 south australian legislation. Equity and diversity wa health, government of western. She was the first commissioner for equal opportunity appointed by the victorian government under the equal opportunity act 1984, an office which she held until 1994. Equal opportunity act 1984, 19 dec 2018, current, 07f002, pdf word html. Establish employment pathways for aboriginal people, including but not limited to aboriginal cadetships, internships, graduate programs andor traineeships. The australian human rights commission has statutory responsibilities under the age discrimination act 2004, australian human rights commission act 1986, disability discrimination act 1992, racial discrimination act 1975, and the sex discrimination act 1984.
The department of education provides inclusive and equitable work and learning environments, services and management practices free of unlawful discrimination and harassment. Intergovernmental arrangements 9 part ii discrimination on ground of sex, marital status or pregnancy division 1 general 8. Equal opportunity act 1984 table of provisions long title part 1preliminary 1. Commonwealth laws and the stateterritory laws generally overlap and prohibit the same type of discrimination. A quick guide to australian discrimination laws 3 legislation and grounds of discrimination areas covered racial discrimination act 1975 discrimination on the basis of race, colour, descent or national or ethnic origin, and in some circumstances, immigrant status. At the commonwealth level, there is a range of legislation that provides for equal opportunity, including the fair work act 2009, the racial discrimination act 1975, the sex discrimination act 1984, the disability discrimination act 1992 and the age discrimination act 2004. Complaints of unlawful discrimination under the equal opportunity act 1984 should be lodged with the commissioner for equal opportunity. Equal opportunity act 1984 wa policies the department of. A quick guide to australian discrimination laws australian. Equal opportunity act 1984 western australian legislation. It is an act to promote equality of opportunity in western australia and to.
Equal opportunity, discrimination and harassment policy and. Other legislation underpinning access and inclusion includes the western australia equal opportunity act 1984, the commonwealth disability discrimination act 1992. This law is regulated by the equal opportunity commission. Equal opportunity commission of western australia submission. Intergovernmental arrangements 9 part ii discrimination on ground of sex, marital status, pregnancy or breast feeding division 1 general 8. Effect of exemption orders part ix equal opportunity in public employment division 1 general 8. Legislation revision and publication act 2002 f a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction. Substantive equality policy department of justice, western. Equal opportunity act 1984 wa employment law centre of wa.
It is an act to promote equality of opportunity in western australia and to provide remedies in respect of discrimination on the grounds of sex, marital status, pregnancy, sexual orientation, family responsibility or family status, race, religious or political conviction, impairment, or age, or involving sexual or racial. A quick guide to australian discrimination laws australian human. Western australia equal opportunity act 1984 equal opportunity act 1984 occupational safety and health act 1984 wa equal opportunity act 1984 this does not apply to volunteers this applies to volunteers if the organisation is an employer that is, they have employees or if the organisation manages or controls a workplace. The equal opportunity act 1984 sa only covers discrimination that happens in public life, not in private. This annual report is available as a pdf download and in html from the publications menu of the commissioners webpage as a full report and in its individual sections, located at. Lesbian, gay, bisexual and transgender lgbt rights in western australia have seen significant progress since the beginning of the 21st century, with the parliament of western australia passing comprehensive law reforms in 2002. This bill seeks to promote equality of opportunity in western australia, and to provide remedies in respect of discrimination on the grounds of sex, marital status, pregnancy, race, religious or political conviction, or involving sexual harassment. Western australian legislation equal opportunity act 1984. Review of organisational structures under the equal.
Equal opportunity act 1984 wa policies the department. Under the equal opportunity act 1984 the eo act it is unlawful to discriminate against. Review of organisational structures under the equal opportunity act 1984 5 viii. It also prohibits victimisation and sexual harassment, including sexual harassment of an employee by an employer or another employee. This includes the prevention and effective management of discrimination and harassment. Crown is bound part 2commissioner division 1commissioner 8. Equal opportunity discrimination and harassment guidelines. The western australian equal opportunity act 1984 amended 1988. As both stateterritory laws and commonwealth laws apply, you must comply with both. Sat and the commissioner for equal opportunity are independent of each other. This is a fundamental aspect of the scheme of the equal opportunity act 1984 and was not. Western australia equal opportunity act 1984 contents part i preliminary 1. The equal opportunity act 2010 took effect in august 2011 this new act replaces the equal opportunity act 1995 and strengthens discrimination laws in victoria by changing some key definitions, creating new responsibilities for the commission, and strengthening the commissions role in helping government, business and the community identify and eliminate discrimination.
Equal opportunity act 1984 equal opportunity commission. The equal opportunity act 1984 sa prohibits discrimination in employment on the grounds of age, sex, sexuality marital status, pregnancy, race or physical and intellectual impairment. Equal opportunity act 1984 wa occupational safety and health act 1984 wa. In western australia it is unlawful under the equal opportunity act 1984 to discriminate against a person because of their religious conviction in certain areas of public life including employment, education, the provision of goods, services and facilities, in accommodation, clubs and in application forms see the equal opportunity commission. Equal opportunity in public employment public sector commission. Moira emilie rayner nee stockwell, born november 10, 1948, is a new zealandborn, australianbased barrister and human rights advocate. May 08, 2018 the department of education provides inclusive and equitable work and learning environments, services and management practices free of unlawful discrimination and harassment.
In this position she was responsible for monitoring the equal opportunity act. This part provides guidance on volunteers and unlawful. The aim of the equal opportunity, discrimination and harassment guidelineguideliness is to support the health service providers to comply with thelegislative requirements of the equal opportunity act 1984. Equal opportunity commission wa attorneygenerals department. Western australia passed the state equal opportunity act in 1984. Unfortunately, as we shall see below, the western australian equal opportunity act 1984 the act has significant problems in terms of all three elements, making it serious competition to the nsw antidiscrimination act 1977 for the unwanted title. This annual report can be accessed in several different formats. Western australia, under the equal opportunity act 1984 wa ss 2426.
Equal opportunity act 1984 to recruitment processes. Rcds within premises sold or leased in western australia. Director of equal opportunity in public employment. The act states that a person with a disability has the right to be respected for their human worth and dignity and has the same human rights as other community members, regardless of the degree and nature of their disability. Apply section 50d of the equal opportunity act 1984 when aboriginality is a genuine occupation requirement for the position. This legislation failed to include sexual orientation amongst a list of attributes designed to protect people from discrimination.
Equal opportunity commission parliament of western australia. Whats wrong with western australias equal opportunity act 1984. The commissioner may refer matters to sat where the commissioner. The equal opportunity act 1984 wa is a western australian law which makes it unlawful to discriminate against a person in certain areas of public life, including employment. The state government also announced the appointment of the commissioner for 12 months from 6 may. The fair work act 2009 also sets out a number of grounds on which it is unlawful to discriminate against an employee. An act to promote equality of opportunity between the citizens of this state. Racial hatred, defined as a public act s likely to offend, insult, humiliate or intimidate on the basis of race, is also. Equal opportunity act 1984 table of provisions long title part i preliminary 1. It should be noted that the act has not been revised ifor obsolete references, etc. The australian state decriminalised male homosexual acts in 1990 and was the first to grant full adoption rights to lgbt couples in 2002. Western australian legislation equal opportunity act.
In addition to the federal legislation, each state and territory in australia has equal. An act to promote equality of opportunity in western australia and to provide remedies in respect of discrimination on the grounds of sex, marital. South australia equal opportunity act, 1984 this act is reprinted pursuant to the acts republication act, 1967, and incorporates all amendments in force as at 29 october 1992. In south australia it is unlawful to discriminate in. Exercise of functions of authorities division 2 the director of equal opportunity in public employment 142. Kristabel rosario acting director of equal opportunity. Wa equal opportunity act 1984 wa equal opportunity regulations 1986 wa disability services act 1993 wa disability services regulations 2004 wa civil liability act 2002 wa working with children criminal record checking act 2004. Convention on the rights of persons with disabilities.
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