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The Australian Human Rights Commission has received an application pursuant to section 44 of the Age Discrimination Act 2004 (Cth)(ADA) from the State of New South Wales – Department of Human Services, Ageing, Disability and Home Care (ADHC) for an exemption from section 28 and 29 of the ADA.

The Applicant sought an exemption under section 44 of the ADA so that it may impose a requirement that only persons over the age of 50 years can reside at Caloundra Gardens. The Applicant sought an exemption from the ADA for a period of five years. The Applicant states that the purpose of applying for an exemption is for the Commission to confirm and clarify the legal status of Caloundra Gardens…

By this instrument, under section 44(1) of the Age Discrimination Act 2004 (Cth)(ADA), the Australian Human Rights Commission grants an exemption to the State of New South Wales - Department of Family and Community Services, Ageing Disability and Home Care (the Applicant) from the operation of sections 28 and 29 of the ADA. The exemption is granted for a period of one year from the date of this…

By this instrument, the Australian Human Rights Commission (‘Commission’) grants the application of Carnival plc (trading as Carnival Australia) for a temporary exemption pursuant to s 44(1) of the Age Discrimination Act 2004 (Cth) (‘ADA’).

By this instrument, the Human Rights and Equal Opportunity Commission (‘HREOC’) declines to grant to University of Western Sydney (‘UWS’) a temporary exemption pursuant to s 44(1) of the Age Discrimination Act 2004 (Cth) (‘ADA’).

By this instrument, the Human Rights and Equal Opportunity Commission (HREOC) declines to grant to MOSEDG Inc. trading as Youth Connect (Youth Connect) a temporary exemption pursuant to s 44(1) of the Age Discrimination Act 2004 (Cth) (ADA).

Update Information 1 May 2009 Back to index This table lists changes to FDL Online to assist regular users keep track of developments in the law. Updated section(s) of FDL Online Case name Chapter 5: The Disability Discrimination Act 5.1.2: Limited application provisions and constitutionality Australia ratified the United Nations Convention on the Rights of Persons with Disabilities …

Update Information 12 January 2009 Back to index This table lists changes to FDL Online to assist regular users keep track of developments in the law. Updated section(s) of FDL Online Case name Chapter 3: The Racial Discrimination Act 3.2.2(a)(iii): 'Based on' and intention to discriminate House & Anor v Queanbeyan Community Radio Station [2008] FMCA 897 3.6: Vicarious liability House …

Update Information 26 September 2008 Back to index This table lists changes to FDL Online to assist regular users keep track of developments in the law. Updated Section(s) of FDL Online Case Name Chapter 3: The Racial Discrimination Act 3.1.1(b): The right to equality before the law in s 10 Bropho v State of Western Australia [2008] FCAFC 100 3.2.2(a)(iii): ‘Based on’ and intention to…

Federal Discrimination Law is produced by the Commission's Legal Section and examines the significant issues that have arisen in federal unlawful discrimination cases. It provides a comprehensive coverage of decisions in the jurisdiction as well as highlighting a range of relevant issues of practice and procedure.

It also considers the provisions of the Age Discrimination Act 2004 (Cth) (‘ADA’, see Chapter 2) in relation to which, at the date of publication, there have only been a limited number of cases.

The procedure for making complaints of federal unlawful discrimination is set out in Part IIB of the HREOC Act.[1] That procedure can be summarised as follows.

(4) If the court concerned is satisfied that there has been unlawful discrimination by any respondent, the court may make such orders (including a declaration of right) as it thinks fit, including any of the following orders or any order to a similar effect:

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

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