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Federal Discrimination Law 2005 provides an overview of significant issues in federal unlawful discrimination law. It examines the jurisprudence that has been developed in relation to:

The ADA commenced operation on 22 June 2004. At the date of publication there has been no decided case of unlawful age discrimination under the ADA. This chapter sets out the background to the legislation and its significant features as well as highlighting some similarities and differences with other federal unlawful discrimination laws that may be relevant to its interpretation and application.1

The RDA was the first Commonwealth unlawful discrimination statute to be enacted and is different in a number of ways from the subsequent SDA, DDA and ADA. This is because it is based to a large extent on, and takes important parts of its statutory language from, the International Convention on the Elimination of all Forms of Racial Discrimination ('ICERD').1

The definitions of discrimination include both 'direct' and 'indirect' discrimination, with the exception of the definition of discrimination on the ground of family responsibilities, which is limited to direct discrimination.

The DDA covers discrimination on the ground of disability, including discrimination because of the use of a therapeutic device or aid;1 accompaniment by a carer or assistant;2 or accompaniment by an assistance animal.3

Part IIB of the HREOC Act sets out the provisions governing the procedure for federal unlawful discrimination matters.1 That procedure can be summarised as follows:

There are no specific provisions relating to costs in unlawful discrimination proceedings before the FMC and Federal Court. The courts have a general discretion to order costs under the provisions of the Federal Court Act 1976 (Cth) and the Federal Magistrates Act 1999 (Cth).1

The Bail Amendment (Repeat) Offenders Bill was introduced in the NSW Legislative Assembly on 20 March 2002. The Bill, which inserts a new Section 9B into the Bail Act, removes the presumption in favour of bail for certain repeat offenders, irrespective of the type of offence they have committed. Introducing the Bill to Parliament, Attorney-General Bob Debus declared its purpose to: "offer…

The Human Rights and Equal Opportunity Commission (‘the Commission') gives notice of its decision, on 6 January 2010, on an application by the Australasian Railways Association on behalf of its members for further temporary exemptions pursuant to section 55(2) of the Disability Discrimination Act 1992.

The Human Rights and Equal Opportunity Commission has received an application under section 55 of the Disability Discrimination Act for a temporary exemption regarding "La La Land Byron Bay", a restaurant and bar located in upstairs premises at Byron Bay NSW.

The Human Rights and Equal Opportunity Commission has received an application from BCA Check Building Surveyors for exemption under section 55 of the Disability Discrimination Act (DDA) regarding accessibility of the upper floor of the Oxford hotel, Casino.

Learn about the submission on the mutual assistance review 2007.

Discover details about the online launch of Federal Discrimination Law on June 26, 2008.

Learn about damages and remedies under federal discrimination law.

Learn about the Anti-Money Laundering and Terrorism Financing Bill 2006.

Back to Table of Contents Appendix 2 – Further specific measures that would better protect human rights in Australia Appendix 2: Further specific measures that would better protect human rights in Australia Contents 1 Aboriginal and Torres Strait Islander peoples 2 Asylum seekers, refugees and migrants 3 People trafficking 4 Counter-terrorism legislation 5 Gender equality 6 Gay, lesbian,…

View the full table of contents for federal discrimination law.

Access another set of older versions of federal discrimination law archives.

Learn about the constitutional validity of the Australian Human Rights Act.