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And now a bit about the law…. Equal Opportunity. In Australia national and local laws cover equal employment opportunity and anti-discrimination in the workplace. All employers are required by these laws to create a workplace free from discrimination and harassment.
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Equal Opportunity • In Australia national and local laws cover equal employment opportunity and anti-discrimination in the workplace. • All employers are required by these laws to create a workplace free from discrimination and harassment. • It’s important that you, as an employer, understand your rights and responsibilities under human rights and anti-discrimination law in Australia.
Equal Opportunity - 2 • By putting effective anti-discrimination and anti-harassment procedures in place in your business you can improve productivity and increase efficiency. • The Human Rights and Equal Opportunity Commission (HREOC) has a range of fact sheets and brochures to help you develop effective policies and best practice guidelines.
Equal Opportunity - 3 • Legislation • Anti-discrimination provisions are contained in a number of federal Acts, including the: • Racial Discrimination Act 1975 • Sex Discrimination Act 1984 • Disability Discrimination Act 1992 • Human Rights and Equal Opportunity Commission Act 1986. The Human Rights and Equal Opportunity Commission administers these Acts.
Equal Opportunity - 4 • What to do... • Read about your employer responsibilities on the Human Rights and Equal Opportunity Commission website. • Check the HREOC publication list for useful information. • Refer to the Workplace website for information on avoiding discrimination in employment. http://www.workplace.gov.au/ • Find out about equal opportunity and anti-discrimination in your state or territory. • See: http://www.business.gov.au/
Workplace Relations Act 1996 • The importance of preventing discrimination is also stressed in the principal objects of the Workplace Relations Act 1996 (Cwth), which refers to respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
Anti-Discrimination Legislation • All states and territories have some form of anti-discrimination legislation, which generally covers the same areas as the federal legislation. • In some states there may be other types of discrimination added to those listed above. • For example, in Western Australia it is unlawful to discriminate against someone because of a spent criminal conviction.
Federal vs. State Legislation • Federal legislation allows state legislation to remain valid and the state legislation operates in a way that does not affect the operation of the federal legislation.
Who do I turn to? • Employees who suffer discrimination may apply to the federal Human Rights and Equal Opportunity Commission or a State tribunal such as the WA Equal Opportunity Act. • After one tribunal deals with an employee’s complaint, another tribunal cannot deal with it a second time. • http://www.hreoc.gov.au
Western Australia Equal Opportunity Act 1984 (WA) Grounds of unlawful discrimination • Sex, sexual orientation, marital status, pregnancy, race, religious or political conviction, age, racial harassment, impairment, family responsibility or family status, gender history. • Other unlawful conduct • Sexual harassment; racial harassment.
Western Australia Equal Opportunity Act 1984 (WA) -2 • Areas covered : • Employment; partnerships; professional or trade organisations; qualifying bodies; employment agencies; applicants and employees and commission agents; application forms; advertisements; education; access to places and vehicles; provision of good services and facilities; accommodation; clubs; land.
Western Australia Equal Opportunity Act 1984 (WA) -3 Process for decision making • Complaint must be in writing to the Commissioner for Equal Opportunity. • It is then assessed and if within jurisdiction is investigated and conciliation attempted. • If unsuccessful, the matter is referred to the Equal Opportunity Tribunal for hearing and legally enforceable determination .
Occupational Health & Safety • You can find a copy of that Act here: • http://www.slp.wa.gov.au/legislation/agency.nsf/docep_main_mrtitle_650_homepage.html • For the Worksafe site (WA) see: • http://www.docep.wa.gov.au/WorkSafe/ • The office safety page can be found at: • http://www.docep.wa.gov.au/WorkSafe/Content/Safety_Topics/Office_safety/index.htm • This includes topics such as “Do visual display units affect your eyesight?” and “How much space should there be behind a desk?”
