Exposure Draft of the Human Rights and Anti-Discrimination Bill 2012

Exposure Draft of the Human Rights and Anti-Discrimination Bill 2012

21 February 2013

© Commonwealth of Australia 2013
ISBN 978-1-74229-754-5

View the report as a single document - (PDF 497KB)


View the report as separate downloadable parts:

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MEMBERS OF THE COMMITTEE (PDF 32KB)
 
RECOMMENDATIONS (PDF 26KB)
 
CHAPTER 1 - INTRODUCTION AND BACKGROUND (PDF 35KB)

Referral of the inquiry
Purpose of the proposed consolidation
Background to the proposed reforms
Approach taken in the consolidation project
Conduct of the inquiry
Scope of the report
Structure of the report
Note on references
Acknowledgement

 
CHAPTER 2 - KEY PROVISIONS OF THE BILL (PDF 37KB)

Chapter 2 – Unlawful conduct and equality before the law
Chapter 3 – Measures to assist compliance
Chapter 4 – Complaints
Chapter 6 – Australian Human Rights Commission

 
CHAPTER 3 - PROTECTED ATTRIBUTES (PDF 74KB)

New protected attributes of 'sexual orientation' and 'gender identity'
Other protected attributes included in the Draft Bill
Attributes not covered in the Draft Bill

 
CHAPTER 4 - MEANING OF DISCRIMINATION AND CIRCUMSTANCES IN WHICH DISCRIMINATION IS UNLAWFUL (PDF 69KB)

Definition of discrimination in the Draft Bill
Circumstances in which discrimination is unlawful
'Special measures' and 'reasonable adjustments' clauses

 
CHAPTER 5 - EXCEPTIONS TO UNLAWFUL DISCRIMINATION (PDF 78KB)

General exception for 'justifiable conduct'
Exception for inherent requirements of work
Exceptions for religious organisations under the Draft Bill

 
CHAPTER 6 - COMPLAINTS AND COURT PROCESSES (PDF 38KB)

Shifting burden of proof
Costs in cases brought before the courts
Standing to apply to the Federal Court of the Federal Magistrates Court
Power to dismiss complaints

 
CHAPTER 7 - COMMITTEE VIEWS AND RECOMMENDATIONS (PDF 67KB)

Protected attributes
Definition of discrimination
Areas of public life covered by the Draft Bill
Exceptions
Complaints and court processes
Other issues

 
DISSENTING REPORT BY COALITION SENATORS (PDF 41KB)

The provisions of the bill violate fundamental human rights
The scope of the bill is impossibly wide and dangerously vague
The bill is internally inconsistent and liable to produce unintended consequences
The bill would damage Australia's social fabric by encouraging a "culture of complaint"
An area for reform

 
ADDITIONAL COMMENTS BY THE AUSTRALIAN GREENS (PDF 43KB)

Protected attributes
Exception for justifiable conduct
Inherent requirements exception
Religious exceptions
Costs
Reasonable adjustments
Special measures
Insurance exception
Systemic discrimination

 
APPENDIX 1 - SUBMISSIONS PUBLISHED ON THE COMMITTEE'S WEBSITE (PDF 38KB)
 
APPENDIX 2 - WITNESSES WHO APPEARED BEFORE THE COMMITTEE (PDF 14KB)

For further information, contact:

Committee Secretary
Senate Legal and Constitutional Affairs Committee
PO Box 6100
Parliament House
Canberra ACT 2600
Australia

Phone: +61 2 6277 3560
Fax: +61 2 6277 5794
Email: legcon.sen@aph.gov.au

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