Federal Register of Legislation - Australian Government

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A Bill for an Act relating to discrimination on the ground of age
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Introduced HR 26 Jun 2003

Age Discrimination Bill 2003

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2002-2003

THE PARLIAMENT OF THE COMMONWEALTH

OF AUSTRALIA

HOUSE OF REPRESENTATIVES

AGE DISCRIMINATION BILL 2003

EXPLANATORY MEMORANDUM

(Circulated by authority of the Attorney-General,

the Honourable Daryl Williams AM QC MP)

AGE DISCRIMINATION BILL 2003

OUTLINE

This Bill prohibits discrimination on the basis of age in key areas of public life including:

•       Employment;

•       Education;

•       Access to premises;

•       Access to goods, services and facilities;

•       Accommodation;

•       Land;

•       Administration of Commonwealth laws and programs; and

•       Requests for information.

The Bill also provides a balanced package of exemptions including:

•       Positive discrimination;

•       Superannuation, insurance and credit;

•       Pensions, allowances and benefits;

•       Acts done in compliance with specified Commonwealth laws;

•       Acts done in compliance with State and Territory laws; and

•       Acts done in compliance with awards and agreements.

The Bill binds the States and Territories.

FINANCIAL IMPACT STATEMENT

While these amendments may have cost implications for the Human Rights and Equal Opportunity Commission, these are not expected to be significant.

Impacts on Government agencies from the legislation are difficult to predict and based on existing experiences in States which have legislation of this sort are not expected to be significant and should occur over time.

REGULATION IMPACT STATEMENT (RIS)

The following information is provided in accordance with the Guidelines issued by the Office of Regulation Review, Productivity Commission.

INTRODUCTION

The Government condemns discrimination in all its forms. The Government recognises the need for Australians of all ages to be able to participate fully in our society, particularly in light of the fiscal and economic impact of the ageing population. In light of these concerns the Government made a commitment in its 2001 election statement Better Law More Options to develop age discrimination legislation.

Discrimination on the basis of age has become an increasingly significant problem for older Australians, as well as for children and young people. However, age discrimination is not currently prohibited by Commonwealth legislation. Other kinds of discrimination are already unlawful under the existing suite of Commonwealth anti-discrimination laws, namely, the Racial Discrimination Act 1975 (Racial Discrimination Act), the Sex Discrimination Act 1984 (Sex Discrimination Act) and the Disability Discrimination Act 1992 (Disability Discrimination Act). While age discrimination has been prohibited by State and Territory anti-discrimination laws for a number of years, the Government's commitment to develop Commonwealth laws signals the level of national importance of preventing age discrimination.

A key aspect of this commitment was that the Government would work with business and the community to ensure that the legislation strikes the right balance between the need to eliminate unfair discrimination on the basis of age and the need to ensure sufficient flexibility to allow for situations where age requirements have particular policy significance. In its election commitment the Government identified youth wages, job training and social security as areas in relation to which the legislation would make allowances. As discussed below, the Attorney-General's Department has conducted detailed consultations with business and the community, including the Core Consultative Group (CCG) which was established by the Attorney-General to consider proposals for age discrimination legislation (see `Consultation' below).


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The CCG's comprehensive proposals for age discrimination legislation are set out in an Information Paper at Attachment E to the covering Cabinet submission of this RIS.

The proposed new age discrimination legislation will be an integral part of a wide range of key Government policy priorities to respond to the ageing workforce and population, and the important social and economic contribution that older and younger Australians make to the community. These priorities include: the National Strategy for an Ageing Australia; the issues arising from the Treasurer's Intergenerational Report; the development of government policy in the area of demographics, continuing welfare reform, and the new Ministerial portfolio responsibilities for Ageing, and for Children and Youth Affairs.

Overview of key features of anti-discrimination laws

Over the last two decades, anti-discrimination laws have become an accepted part of the legal landscape. The existing suite of Commonwealth, State and Territory anti-discrimination laws have many common features. Generally, such laws:

•       cover both `direct' and `indirect' discrimination (definitions of these terms are set out below),

•       prohibit discrimination on certain grounds (for example, race, sex, disability, age) in key areas of public life (such as work, access to goods, services and facilities, access to premises, places and transport, and education),

•       provide for a range of exemptions to ensure that the legislation strikes the right balance between preventing inappropriate discrimination on the one hand while making allowances for legitimate distinctions on the other hand (for example, discrimination in employment is prohibited subject to exemptions for conditions that are inherent requirements of the particular job),

•       emphasise public awareness and education as critical elements in overcoming discrimination,

•       confer functions on the relevant government human rights institution to inquire into possible infringements, a well as policy development and education/awareness-raising functions (for example, the Commonwealth Human Rights and Equal Opportunity Commission (HREOC) and State and Territory anti-discrimination boards or equal opportunity tribunals), and

•       include provisions which deal with the interaction between Commonwealth anti-discrimination laws on the one hand and State and Territory anti-discrimination laws on the other hand.

Direct discrimination occurs where, because of a person's age, the discriminator treats the aggrieved person less favourably than they would treat a person of a different age. Indirect discrimination occurs where a person of a particular age is disadvantaged because the person cannot meet a condition, requirement or practice, that is neutral as to age on its face, but is more difficult for people of that age to meet than people of another age. In such situations, the imposition of an apparently neutral condition, requirement or practice has, or is likely to have, the effect of unfairly disadvantaging people of the same age as the aggrieved person. However, if such a condition is reasonable in the circumstances it will not be unlawful discrimination.

As noted above, anti-discrimination laws prohibit discrimination on certain grounds in certain specific areas of public life. The range of areas that may be covered by Commonwealth age discrimination legislation is limited by the Constitution.

The Age Discrimination Bill 2003 covers the following areas:

•       Work -- including recruitment, training, promotion, redundancy/retirement.

•       Access to goods, services and facilities -- which would cover specific areas such as superannuation, insurance, financial services and health services.

•       Access to premises including places and transport -- discrimination when allowing or refusing access, when providing such access or in the imposition of terms and conditions on access.

•       Commonwealth laws and programs -- the performance of functions or exercise of power under a Commonwealth law or for the purposes of a Commonwealth program.

•       Education -- discrimination by educational authorities in relation to admission of students, access to benefits, or expulsion of students.

•       Accommodation -- discrimination in providing, renewing or refusing access to accommodation, limiting access to benefits or evicting from accommodation.

•       Land -- discrimination in refusing or failing to dispose of an estate or interest in land, or in the terms or conditions on which an estate or interest in land is offered.

•       Requests for information on which unlawful age discrimination might be based.

The nature and scope of exemptions to prohibitions of discrimination is a key area of consideration in the development of any new anti-discrimination laws. The nature and scope of exemptions for the proposed age discrimination legislation have been considered in detail by the CCG and are discussed in

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detail under Option 3 below.

ISSUES

Age discrimination is clearly a problem for both younger and older Australians. In relation to older Australians, in particular, many recent reports have emphasised the negative consequences of age discrimination on the wellbeing of older Australians and the broader consequences for the community. There is also evidence that the ageing of Australia's population will lead to an increase in the problem of age discrimination if Government action is not taken to address this issue. Government action is needed to address the generally unfounded negative stereotypes that employers and policy makers may have about both younger and older Australians, which limit their contribution to the community and the economy. These issues are discussed in detail below.

Need for age discrimination legislation

Issues arising from a number of recent studies and reports demonstrate the need for age discrimination legislation and the negative consequences of age discrimination on both the economy and on the financial, health and psychological wellbeing of individuals. Key recent studies and reports include the following:

•       the Treasurer's Intergenerational Report, 2002-03 Budget Paper No. 5 (the Intergenerational Report),

•       the House of Representatives Standing Committee on Employment, Education and Workplace Relations Report, Age Counts - An Inquiry into issues specific to mature-age workers, June 2002 (the Nelson report),

•       Population Ageing and the Economy Jan 2001, by Access Economics Pty Ltd (the Access Economics Report),

•       the report by HREOC, Age Matters: A Report on Age Discrimination,

•       the Social Policy Research Centre The Recruitment of Older Australian Workers: A Survey of Employers in a High Growth Industry (December 2001) (The Social Policy Research Centre report),

•       the Political Declaration and the Madrid International Plan of Action 2002, adopted by the 2nd World Assembly on Ageing,

•       Joint Standing Committee on Treaties, United Nations Convention on the Rights of the Child, August 1998,

•       Detailed Regulation Impact Assessment (DRIA) United Kingdom Department of Trade and Industry, regarding implementation of Council of the European Union Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation Official Journal L 303, 02/12/2000 P. 0016 - 0022

In April 1999, HREOC commenced an inquiry into the need for federal age discrimination legislation. HREOC's findings and recommendations are contained in its report Age Matters. The Age Matters report found age discrimination is a significant problem in a range of areas including employment, income support, immigration, health care, accommodation, insurance, financial services and concessions. The Commission found that age discrimination is a major barrier to the full participation of both older and younger people in Australian society. The Age Matters report concluded that federal laws were inadequate, and that the Commonwealth should `enact a more rigorous and effective legal regime to prevent and remedy acts of discrimination based on age'. HREOC suggested options for achieving this, which focus on federal legislation to prohibit age discrimination. The Age Discrimination Bill 2003 will broadly implement this key recommendation.

The Nelson report, Age Counts, found that unemployment for older workers, which is caused in many cases by age discrimination, is psychologically and financially devastating (para 2.68). Loss of self esteem and confidence in particular were found to be more pronounced in older unemployed persons, leading to a range of serious general health problems for the individuals and their families. (see for eg para 2.42).

Age discrimination against older workers that results in unemployment has a broad negative impact that extends far beyond the individual. The Social Policy Research Centre report found that `the loss of employment causes serious emotional, financial and social stress to individuals, families and the wider community' (p19). The report found that the social and economic implications of the exclusion and marginalisation of older workers from the labour market are wide-ranging. Economic and social effects include increases in health and welfare costs, the possibility of poverty among older persons, and exclusion from the community. The Social Policy Research Centre report also noted that the personal impact of unemployment for older persons is often more severe than for young people and may have debilitating psychological and health effects (SPRC, 11). In this regard, the Social Policy Research Centre report cited findings of the Senate Employment, Education and Training References Committee (1995) Report on the Inquiry into Long Term Unemployment, Commonwealth of Australia, Canberra.; 2000.

Age discrimination has particularly serious consequences for older people attempting to re-enter the job market. Older males who lose their jobs appear to have great difficulty finding another job. They are under-represented in new hirings and are at great risk of entering long-term unemployment or of withdrawing from the labour force, usually into early retirement (Organisation

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for Economic Co-operation and Development, (1999) OECD Economic Surveys 1998-99 Australia, OECD, Paris.136).

Addressing the decline in labour force participation is an important priority for Government. The Intergenerational Report found that higher full-time labour force participation of older men would reduce projected government spending by 0.25 per cent of GDP by 2041-42. This reduced spending would be mainly in health and Age Pensions. The Intergenerational Report stated that key priorities for ensuring fiscal sustainability should include preserving a well-targeted social safety net that encourages working-age people to find jobs and remain employed; and encouraging mature age participation in the labour force. The Intergenerational Report predicted a decrease in labour force participation, mainly reflecting Australia's ageing population.

The Access Economics Report noted that, given the already high workforce participation by people aged 20-54, the only avenue for ensuring sufficient supply of labour is to encourage higher participation by the population aged 55 -70. There is little scope to increase the already-high workforce participation of those aged less than 55. By contrast, the population aged 55 -70 will be a massive untapped source of productive capacity enabling the economy to continue growing, providing wealth and prosperity well into coming decades. The Report notes that, unless employers change negative attitudes about older workers, an alarming potential slowdown in working age population growth looms. The Report found that increased workforce participation by older workers would have a positive effect on the economy by increasing national income and reducing the costs to government of ageing. The Report goes on to note that "[t]here is much to be gained from initiatives to encourage increased employment and workforce participation of older Australians. A modest and eminently achievable increase in workforce participation of 10 percentage points by Australians aged 55 -70 would largely cancel out any negative effects of an ageing population."

The Access Economics Report also considers the impact of increased workforce participation on growth, noting that "[w]ages earned and demand generated by working older Australians (who would have been retired under current trends) increases the growth rate of the economy, generating more jobs - enough jobs in fact to employ all the working older Australians and to reduce unemployment among younger Australians. The older Australians who would keep working would also keep paying taxes instead of receiving pensions (.... increasing revenues and reducing outlays). The impact on the public sector balance is significant."

The negative consequences of age discrimination have been noted by HREOC on a number of occasions since its Age Matters report. In November 2001, HREOC stated that older workers form a disproportionately high percentage of the long-term unemployed. HREOC quoted recent OECD figures that show `Australia has the highest unemployment rate among 55-59 year old men of any OECD country. Forty six per cent of people in the 50-64 age group do not have paid employment. Thirty three per cent rely on some form of social security payment.' (http://www.hreoc.gov.au/media_releases/op_ed/age.html)

Age discrimination is an issue not only of concern to Australia but also of concern to the international community. Australia participated in the Second World Assembly on Ageing which was held in Madrid from 8-12 April 2002. The outcomes of the Assembly are aimed at addressing a range of issues faced by older persons, including discrimination on the basis of age. The Second World Assembly on Ageing adopted the Political Declaration and the Madrid International Plan of Action 2002, which address various legal, social and economic aspects of ageing.

Article 5 of the Political Declaration declares that, `we commit ourselves to eliminate all forms of discrimination, including age discrimination.' This article strongly states the need to strengthen the rule of law, to promote and protect human rights, and to recognise the right of older persons to `fulfilment, health, security and active participation in the economic, social, cultural and political life of their societies'. The Plan of Action includes a number of proposed measures consistent with the elimination of age discrimination against older persons.

The Second World Assembly on Ageing's Political Declaration was premised on the recognition of the negative consequences of age discrimination and the need, on a global level, to work to prohibit age discrimination to ensure the full and active participation in public life by older persons.

The Joint Standing Committee on Treaties (JSCOT) report, United Nations Convention on the Rights of the Child (CROC) was tabled in August 1998. It noted evidence submitted to it relating to discrimination against children in a range of areas of public life. The JSCOT report on CROC also noted that it is not unlawful to discriminate on the ground of age at the federal level. JSCOT recommended (Rec.9) that the Standing Committee of Attorneys-General review legislation "to ensure that there is no exploitation of children on the basis of age." The Report noted that the Government had made a commitment to develop new legislation to prohibit discrimination on the basis of age which would protect Australians of all ages, including children and young people, from age discrimination in a range of areas of public life.

Ageing of the population and increases in age discrimination

Age discrimination is already a significant problem. The HREOC Report, Age Matters, stated that `in many cases older workers are able to

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identify clearly that their age is the primary reason they failed to obtain employment, promotion or training' (p11).

Under State and Territory anti-discrimination laws, which make age discrimination unlawful, complaints of age discrimination constitute a significant percentage of the total number of complaints under all possible grounds of discrimination. (see Annexure A).

In 2000-2001, age discrimination was the fourth most common ground of complaint to the NSW Anti-discrimination Board, after race, sex and disability and comprised 9% of complaints. (http://www.lawlink.nsw.gov.au/adb.nsf/pages/ar00-01table1)

The Intergenerational Report shows that the ageing of the population will dramatically increase the number of older people, with significant implications for the economy. While the total population of labour force age is projected to grow by just 14 per cent, the number of people aged 55 to 64 is projected to increase by more than 50 per cent over the next two decades. This is expected to be the fastest growing group of labour force age (p22). As discussed above, people in older age groups commonly experience age discrimination, preventing them from finding and keeping employment. Such figures show that the proportion of the population that experiences age discrimination in employment is likely to dramatically increase unless such discrimination is outlawed.

The Intergenerational Report concludes that an increase in the labour force participation of older workers (or any group of workers) would decrease future fiscal pressures because of the reduced need for income support and increases GDP. The ageing of Australia's population suggests that the costs of age discrimination may increase in the decades ahead if nothing is done.

In addition to employment, the ageing population will clearly have an impact in other areas of public life. In particular, older persons will represent a much greater percentage of people wanting to access goods and services. The barriers that negative stereotypes based on age create will be an increasingly significant problem. The Treasurer's Intergenerational Report noted that in 2002, the proportion of people aged over 65 to people of traditional labour force age, (15 to 64) was 19 per cent. This is projected to rise to almost 41 per cent by 2042 (p23).

The 2001 Report Population Ageing and the Economy prepared for the Department of Health and Aged Care by Access Economics Pty Ltd (the Access Economics Report) found that the over 55 age group already accounts for 25% of all disposable income (p54). The Access Economics report estimates that this age group will account for more than half the growth in retail spending in many categories in the next decade (p49-51). A consequence of this growth will be that businesses will be faced more often with situations where discrimination against older persons can occur - both in terms of the way their products are created and marketed, and the way retail outlets provide service to older customers. (see p51).

The growth in retail spending by the over 55 age group will also impact on other areas of public life. For example, in the next decade, over 55s will account for 49% of the total growth in holiday spending, which will dramatically increase the degree to which older people will need to access accommodation, premises, places and transport without facing age discrimination (p62).

Why is Government action needed?

Both the Age Counts and Age Matters reports found that age discrimination against older workers is prevalent and caused by `negative stereotyping' of older workers (AC para 3.111). Common perceptions found were that older workers had out-dated skills, were hard to train (para 3.109), were inflexible and unwilling to change (AC 3.117), and were lacking in technological experience (AC 3.119). However, the report cited findings that these perceptions are unfounded, from studies such as the Drake Executive Survey in October 1999 (submission 165) (AC para 3.117) (see AM p12).

The Access Economics Report found that negative stereotypes often associated with mature age workers are accepted all too readily by many employees with little regard to the findings of current research.

Studies released after the Age Counts report have also found that age discrimination in employment is both widespread and caused by employer misconceptions about older workers. For example, the Social Policy Research Centre Report found that `employers actually often prefer qualities assumed to be part of the negative stereotype of older workers. Despite their reputation for favouring younger, risk-taking innovators, the study revealed a preference for a diverse workforce of intelligent, reliable, team workers with industry rather than computing experience'.(vii)

While employment issues have been the focus of most of the reports discussed above, discrimination in other areas is also of significance. See, in particular, the statistics at Annexure A on age discrimination complaints under State and Territory age discrimination laws. It can be seen from the experience of State and Territory laws that the most complaints about age discrimination are made in relation to employment matters. However, the second highest number of complaints under State and Territory age discrimination laws are made in relation to the provision of goods and services.

These problems have shown no sign of abating in the absence of Government

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action.

OBJECTIVES

There are several objectives of Government action to prevent age discrimination. A key objective is to promote attitudinal change across society. This attitudinal change is needed so that people are judged on their actual capacity rather than age being used as a blunt proxy for capacity. Attitudinal change is also needed so that people are not unfairly excluded from access to the whole range of social goods and activities. A specific objective flowing from this general objective is to reduce the incidence of discrimination in the workplace. Given the ageing of Australia's population, the promotion of the mature age workforce is a priority for the Government.

The experience of similar types of legislation in Australia and abroad shows that the desired changes take a long time -- hence the objectives need to be seen as long term goals.

Commonwealth Government action is required despite the existence of State and Territory age discrimination legislation. Given the Commonwealth Government's commitment to ensuring that older and younger Australians can participate fully in public life, it is important that the Commonwealth Government take a national leadership role to prohibit age discrimination. The increased profile and public awareness flowing from the enactment of Commonwealth age discrimination legislation will promote attitudinal change throughout the community about the capacity of older and younger Australians.

OPTIONS

There are a variety of possible options to address the problems identified. Three viable options have been identified and are discussed below. The first option is that the status quo could be maintained. A second option is to take a self-regulatory approach which could involve a voluntary code of conduct for industry and business. The third option is the introduction of a new piece of Commonwealth anti-discrimination legislation.

OPTION ONE: RETAIN STATUS QUO

As noted above, there is already age discrimination legislation in all the States and Territories. Also, age discrimination complaints in relation to employment can be made under the Commonwealth HREOC Act, although without access to any binding remedy.

However, there are gaps in the coverage of the existing State and Territory anti-discrimination laws. They do not cover Commonwealth laws, employment in the Commonwealth public sector or acts done under Commonwealth laws and programs.

Commonwealth Government action is also required to strengthen the limited provisions for age discrimination complaints that are currently in Commonwealth legislation. Under the Human Rights and Equal Opportunity Commission Act 1986 (the HREOC Act), individuals can make complaints to HREOC about age discrimination in employment only. In the event that the complaint cannot be conciliated, the person making the complaint cannot take their complaint to a court for resolution. If an age discrimination complaint cannot be conciliated under the HREOC Act, HREOC prepares a report of the matter and submits it to the Attorney-General for tabling in Parliament. Although this approach draws public attention to matters of age discrimination, complainants have no legal rights to seek a remedy, such as exists in relation to discrimination on the grounds of sex, race, or disability.

The absence of national age discrimination legislation also means that age discrimination has a lower profile and may be perceived as less important than other forms of discrimination.

As such there are significant gaps in the coverage of existing Commonwealth, State and Territory anti-discrimination laws.

OPTION TWO: SELF-REGULATION

The second option for addressing the problems of age discrimination identified above is to introduce a self-regulation regime. Examples of self-regulatory arrangements that seek to address age discrimination would include a voluntary code of practice on age diversity in conjunction with an advertising campaign to raise public awareness of the problem and reduce the incidence of negative stereotyping.

Anti-discrimination laws have become an accepted part of the legal landscape. In part, these laws are a response to the failure of non-legislative means to address discrimination in key areas of public life. Anti-discrimination laws not only provide complainants with a legal remedy but also ensures that HREOC plays a key role in educating business and the community through many of its functions. Experience has shown that in the absence of anti-discrimination laws, the provision of information only and improved awareness of the value of older workers would be insufficient to address the problems identified at the start of the RIS.

OPTION THREE: INTRODUCTION OF COMMONWEALTH AGE DISCRIMINATION LEGISLATION

The third option is to introduce comprehensive new Commonwealth age discrimination legislation along the lines of the proposals put forward to Government by the CCG. This proposed new age discrimination legislation would have the same key features as outlined in the dot points under the section `Overview of key features of anti-discrimination laws' above.

Substantial information is provided in relation to Option 3. This reflects the fact that age discrimination legislation has been the subject of intensive

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consideration by the CCG and there is considerable experience of age discrimination legislation in the States and Territories.

As noted above, the exemptions for anti-discrimination legislation are of critical importance in the development of new anti-discrimination legislation. Exemptions are proposed for certain acts and practices, in recognition of the fact that there are circumstances where distinctions are legitimately based on age. The proposed exemptions, and a statement of the issue being addressed by each such exemption, are set out below. The costs and benefits of the exemptions are analysed for each impact group in the section on "Estimating Costs and Benefits".

Proposed exemptions:

•       inherent requirements of the job

Issue: In consultation, business raised concerns about their exposure to complaints of age discrimination if particular positions required people of a certain age or required the performance of duties that were difficult for people of some ages to perform. There would be costs for business if employers were prevented by the risk of discrimination complaints from employing people who were able to do the work actually required in a position. To address these concerns, it is proposed that the age discrimination legislation include an exemption for age discrimination in relation to employment that is based on the `inherent requirements' of the job. State and Territory anti-discrimination laws all include exemptions of this sort.

•       youth wages

Issue: The Government considers that youth wages are necessary to protect young people's competitive position in the labour market. Employers are also strongly supportive of youth wages. Unless exempt, the payment of different rates to young people could be challenged under the age discrimination legislation. It is proposed that the age discrimination legislation include an exemption for age discrimination in relation to youth wages under awards and agreements. Similar exemptions are in all State and Territory legislation.

•       Superannuation, insurance, credit

Issue: Many aspects of superannuation, insurance and credit are informed by age criteria.

Superannuation is fundamentally an age-based system, as it is structured to ensure that retirement savings are accumulated throughout the normal range of working age life and used in the years after retirement. Superannuation funds operate to achieve these outcomes, under a range of requirements and taxation incentives set by Commonwealth legislation concerning superannuation. Distinctions based on age also occur in relation to data which is used in determining life insurance policies and pension payments linked to superannuation.

In relation to insurance, the development of commercially viable insurance products involves the assessment of risks for particular groups of people, an assessment that includes age where relevant. For example, there is data about the risks of driving accidents at different ages that is relevant to the assessment of risk for motor vehicle insurance, and data about the risks of various health problems at different ages that is relevant to accident insurance and travel insurance. Similar issues arise in relation to the provision of credit. There is data relating to age, among other factors, that is predictive of capacity to repay loans and other forms of credit. There would be costs to the providers of superannuation, insurance, and credit if these age factors could not be included in the provision of these financial services.

To address these concerns, it is proposed that the age discrimination legislation include an exemption for discrimination in superannuation that arises from the requirements of Commonwealth superannuation legislation. In relation to the data about age that is used in superannuation and insurance, such as in relation to life expectancy or risk factors, it is proposed that the age discrimination legislation include an exemption for discrimination that is reasonably based on actuarial or statistical data and other relevant factors. Similarly, in relation to the provision of credit, it is proposed that the age discrimination legislation include an exemption for discrimination that is reasonably based on actuarial or statistical data. All State and Territory anti-discrimination laws provide exemptions for discrimination in superannuation and insurance along these lines. Some also provide exemptions for discrimination in credit along the same lines as proposed for the Commonwealth legislation.

•       health

Issue: Age is sometimes relevant to decisions or practices in the health field. For example, clinical evidence about the safety and effectiveness of particular treatments may only be available for some age groups. People of some ages may be at more risk of health complications if they contract certain diseases than people of other ages. Many Commonwealth health programs include age criteria, such as subsidising certain pharmaceuticals for particular age groups or offering free screening for, or immunisation against, certain health conditions for particular age groups. Age may also be used as a legitimate factor in individual clinical decisions, for example where a health practitioner knows that people of the patient's age are more at risk in certain surgical procedures or have greater or lesser prospects of benefiting from certain treatment.


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Another area where age is significant is that of health insurance. As discussed above in relation to insurance generally, it is proposed that discrimination that arises from reasonable reliance on actuarial and statistical data will be exempt. This will exempt such age-based distinctions in health-related insurance products such as the medical expenses component of travel insurance. However, in relation to health insurance per se, fee structures are significantly influenced by public policy considerations other than simple risk profiling, in particular the need to keep health insurance premiums affordable and to maintain a high level of health insurance in the population.

Two policies that seek to achieve these aims are Community Rating and Lifetime Health Cover. Community Rating seeks to remove the effect that age-based risk factors would otherwise have on insurance premiums and keep health insurance affordable and accessible for all. The different health needs of different age groups, if applied to the fee structure of health insurance, would give rise to significant premium differentials between younger and older people, potentially making health insurance unaffordable for most older people.

Similarly, the Lifetime Health Cover requirements are determined in accordance with public policy considerations in order to keep premiums affordable for all by creating a broad pool of insured people. Although the requirements of Lifetime Health Cover are related to the age at which health insurance is taken out, this goes to the purpose of the scheme which is to encourage people to take out and maintain health insurance throughout their lifetime. In order to ensure that these policies are maintained, it is proposed that compliance with the legislation that implements these policies be exempt from the age discrimination legislation.

•       acts done under statutory or other legal authority

Issue: In the consultative process, business raised concerns about the interaction of the proposed age discrimination legislation with other legal requirements. There would be a cost to business if compliance with requirements in State legislation, court orders, or industrial awards and agreements exposed complying businesses to complaints of age discrimination. To address these concerns, it is proposed that the age discrimination legislation include exemptions for acts done in compliance with provisions in State laws, awards and agreements, and orders of courts and tribunals. These exemptions are consistent with those in most State and Territory anti-discrimination laws.

•       Compliance with Commonwealth legislation: migration, social security and taxation.

Issue: Migration: there are many age requirements in migration laws, including upper age limits for skilled migration, student and child visa arrangements, minimum age requirements related to legal capacity, and protective provisions for children. Immigration policies are intended to balance social, economic, humanitarian and environmental factors in order to achieve migration outcomes of benefit to the Australian community as a whole. An integral component of setting the migration program is to balance the costs of the migration program as a whole, including the pressure on national resources, against the contribution of a particular age group during stay or settlement in Australia. There would be costs to government if these legitimate policy aims were compromised by compliance with a prohibition on age discrimination. To address these concerns, it is proposed that the age discrimination legislation include an exemption for age discrimination that occurs in compliance with the Migration Act 1958 and the Migration Regulations 1994.

Social security: significant aspects of social security and related legislation use age as one factor in determining eligibility for payments or services, including the age pension, newstart allowance, youth allowance, parenting payment, family tax benefit, maternity allowance, and child care benefit. The objective of such assistance is generally to provide support for people with particular needs and to encourage them to engage in economic and social participation. These payments recognise the differing needs and circumstances of different age groups, such as young children, youth, parents with children below certain ages and people over the age where they would be eligible for the aged pension. Government policies designed to provide appropriate assistance to people of different ages would be compromised if age discrimination legislation prevented age-based targeting of social security and family assistance payments. To address these concerns, it is proposed that the age discrimination legislation include an exemption for age discrimination that occurs in compliance with the Social Security Act 1991 and related legislation including family assistance payments. As similar issues arise in relation to pensions and other assistance for veterans and their dependents, it is proposed that the legislation include an exemption for age discrimination that occurs in compliance with the Veterans' Entitlements Act and related legislation.

Taxation: Distinctions based on age can legitimately feature in a number of ways in taxation legislation including in rebates and other concessions. To ensure this flexibility is retained it is appropriate that taxation laws be exempt.

•       Compliance with Commonwealth legislation: other Commonwealth laws

Issue: a range of Commonwealth laws include age criteria for various policy

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reasons. For example, Commonwealth criminal laws include provisions that relate to the age of criminal responsibility, and there are age limits in various model laws on licensing and safety requirements concerning such matters as the transport of dangerous goods or the operation of heavy vehicles. Where there are legitimate policy justifications for such age restrictions, it would compromise the delivery of those policy outcomes if age discrimination legislation prevented the use of the age restrictions or criteria. All Commonwealth Departments have been reviewing the age requirements in their laws and programs. That review has found that age criteria in Commonwealth laws identified to date are generally either consistent with the principles of the age discrimination legislation or justified on other policy grounds. To ensure their continued operation, it is proposed that age discrimination arising from compliance with the laws so identified be exempt, but that the list of exempted legislation be reviewed two years from the commencement of the legislation. To enable the identification of any other laws that should be subject to an ongoing exemption, all other Commonwealth laws will be exempted for two years after the legislation commences.

•       `positive' discrimination

Issue: Some age discrimination has a beneficial purpose, such as to alleviate disadvantage or to meet the special needs of a particular age group. There are many Commonwealth programs that are of this nature, such as youth homelessness programs and labour market participation programs. Private sector service providers also offer various services to particular age groups, such as over 50s travel tours. As age discrimination legislation is intended to be beneficial legislation, it is not desirable to override such positive measures. To address these concerns, it is proposed that the age discrimination legislation include an exemption for `positive' age discrimination, to allow acts that are consistent with the purposes of the legislation, in order to provide bona fide measures for the benefit of persons of a particular age or age group; or to meet a need that arises out of the age or ages of those persons; or to prevent or reduce a disadvantage experienced by people of a particular age or age group. Similar exemptions are provided in all State and Territory anti-discrimination laws.

IMPACTS

IMPACT GROUP IDENTIFICATION

The groups affected by each of these options can be described as follows:

•       the Commonwealth Government and its agencies, as well as State and Territory Governments (`government');

•       Australian businesses and other employers (`business'); and

•       The consumers of goods and services, employees and the Australian community generally (`the community')

The following analysis considers the potential costs and benefits for these three identified groups in respect of each of the three options. Some quantitative data is available for this analysis, although a qualitative assessment is provided for each of the options. Considerably more data and analysis is provided in relation to Option 3, reflecting the fact that age discrimination legislation has been the subject of intensive consideration by the CCG and that there is considerable experience of age discrimination legislation in the States and Territories. There is relatively less data available in relation to Option 2 as self-regulation is not a common method of dealing with age discrimination - indeed in Australia it is not used in any jurisdiction.

ESTIMATING COSTS AND BENEFITS

OPTION ONE: RETAIN STATUS QUO

Government

Costs

As noted above, the proposed new age discrimination legislation would be an integral part of a wide range of key Government policy priorities to respond to the ageing workforce and population, and the important social and economic contribution that older and younger Australians make to the community. These priorities include: the National Strategy for an Ageing Australia; the issues arising from the Treasurer's Intergenerational Report; the development of government policy in the area of demographics, continuing welfare reform, and the new Ministerial portfolio responsibilities for Ageing, and for Children and Youth Affairs. Given the importance of these whole-of-Government priorities, retaining the status quo would be disadvantageous to the Government as it would not assist the Government to deliver on these important cross-portfolio priorities of responding to the ageing workforce and population.

There would be no direct additional cost for the Government in continuing to maintain the limited role of HREOC under the HREOC Act in handling complaints in relation Commonwealth employment, while leaving the prohibition of age discrimination to the States and Territories.

As discussed earlier, there would be costs to Government arising from the ageing population and particularly from the increased number of older people no longer participating in the workforce, if older workers experience difficulty in finding and retaining employment because of negative stereotypes and assumptions. That is, the costs to Government of this status quo option include the potential for additional Government spending being needed to cover an

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increasing number of social security payments that would need to be made to older workers who leave the workforce due to discrimination faced at work.

Benefits

By maintaining the status quo, the Commonwealth Government would not have to fund the development and implementation of a legislative regime to prohibit age discrimination, nor the administration of such legislation. As an employer and a provider of services under Commonwealth programs, the Government would avoid any compliance costs occasioned by having to eliminate age discrimination from its practices.

Business

Costs

Currently, many Australians make decisions about employment and the provision of services based on stereotyped views of older and younger people. The benefits of using the skills of mature age workers and fully accessing the market power of older Australians would be lost. The benefits of an age-diverse workforce would be foregone.

As noted above, the Intergenerational Report shows that the ageing of the population will dramatically increase the number of older people, with significant implications for the economy. While the total population of labour force age is projected to grow by just 14 per cent, the number of people aged 55 to 64 is projected to increase by more than 50 per cent over the next two decades (p22). As discussed above, people in older age groups commonly experience age discrimination, preventing them from finding and keeping employment. Such figures show that, unless the Government intervenes to positively influence attitudes and remove barriers, the proportion of the population that experiences age discrimination in employment may increase, and businesses could fail to capitalise on the opportunities provided by this growing and experienced segment of the workforce.

Benefits

If the status quo is retained, business would not have to bear the costs of familiarising themselves with new legislation, but would be able to continue with existing practices.

As noted above, the HREOC Act does not provide for legal remedies for age discrimination, such as exists in relation to discrimination on the grounds of sex, race, or disability. An individual who makes a complaint of age discrimination under the HREOC Act cannot take their complaint to a federal court if conciliation of their complaint is unsuccessful. As such, the status quo would benefit business as it would mean that complaints against business could not be litigated. Against this, business is already subject to age discrimination legislation at the State and Territory level, and so, in fact, the extent of the benefit of retaining the status quo would be limited in practice.

The Community

Costs

If the status quo is retained, older Australians and younger Australians would bear the cost of ongoing discrimination, suffering the effects of marginalisation, unemployment or under-employment, damage to self-esteem, reduced social participation and reduced access to goods and services. The community would also lose the benefits of diverse contributions to society by people of different age groups.

The costs to the community on ongoing age discrimination in employment and other areas would flow from the deficiency in the effectiveness of Commonwealth coverage of age discrimination. As noted above, the HREOC Act does not provide for legal remedies for age discrimination, such as exists in relation to discrimination on the grounds of sex, race, or disability. An individual who makes a complaint of age discrimination under the HREOC Act cannot take their complaint to a federal court if conciliation of their complaint is unsuccessful.

The absence of national age discrimination legislation also means that age discrimination has a lower profile and may be perceived as less important than other forms of discrimination - thus perpetuating negative stereotypes about the capacity of older and younger Australians to the detriment of the community which would lose the benefits of the diversity of their contribution.

Benefits

There is no net benefit to the community of retaining the status quo.

OPTION TWO: SELF-REGULATION

Government

Costs

Government agencies would need to ensure that appropriate age diversity codes of practice were in place and were subject to regular monitoring, evaluation and reporting requirements.

There is no quantitative evidence that such age diversity codes of practice would address the problems identified earlier in the RIS, ie addressing the generally unfounded negative stereotypes that employers and policy makers can have about both younger and older Australians. As such, there is no evidence that self-regulation would result in meeting the Government's objectives to ensure that Australians of all ages are able to participate fully in our society.

The costs to Government for this option would be similar to some of the costs to Government arising from Option 1. However, unlike legislation, a

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self-regulation model would not assist the Government to deliver on important cross-portfolio priorities of responding to the ageing workforce and population, including the National Strategy for an Ageing Australia; the issues arising from the Treasurer's Intergenerational Report; the development of government policy in the area of demographics, continuing welfare reform, and the new Ministerial portfolio responsibilities for Ageing, and for Children and Youth Affairs.

Benefits

Self-regulatory models, such as codes of conduct, have some potential to result in a more diverse workforce or greater participation in social endeavours. As a potential respondent to complaints of age discrimination in Commonwealth employment or in the administration of Commonwealth laws and programs, the Government would avoid potential litigation brought against it as codes of conduct would not be enforceable.

Business

Costs

The content of self-regulatory age discrimination standards would involve compliance costs for business. These include costs of designing and implementing systems and procedures to promote age diversity in the workforce and training management and employees about age diversity principles.

As noted above, under the discussion of the costs to Government of Option 2, there is no quantitative evidence that such age diversity codes of practice would address the problems identified earlier in the RIS, ie addressing the generally unfounded negative stereotypes that employers and policy makers can have about both younger and older Australians. As such, there is no evidence that self-regulation would result in business changing its unfounded negative stereotypes. This could result in business failing to capitalise on the skills and experience of the mature age workforce. For further information, see the discussion of the costs to business of Option 1.

Benefits

Business could develop codes of practice tailored to their own business circumstances, subject to some minimum standards that could be set by Government.

The Community

Costs

Even allowing for minimum standards set by Government, self-regulation is more likely to result in inconsistencies between the standards established by business and different age diversity regimes applying in different industries. HREOC would have no jurisdiction over the acts or practices of business and would not be able to assist to conciliate acts and practices that breached the self-regulatory codes of practice. People affected by age discrimination would not have access to any binding remedy.

As such, the kinds of costs to the community set out under the discussion of the costs to the community of Option 1 would also apply to this option of self-regulation. The costs to the community would flow from the deficiency in the effectiveness of Commonwealth coverage of age discrimination. As noted above, the HREOC Act does not provide for legal remedies for age discrimination, such as exists in relation to discrimination on the grounds of sex, race, or disability. An individual who makes a complaint of age discrimination under the HREOC Act cannot take their complaint to a federal court if conciliation of their complaint is unsuccessful.

Benefits

Diversity is about encouraging the participation of, and reflecting the differences of, different groups in society. Discrimination in employment occurs when decision-making is based on factors other than merit. As such, older and younger Australians may experience a decrease in discrimination and in negative stereotyping if age diversity codes of practice were widely adopted and implemented.

OPTION THREE: INTRODUCTION OF COMMONWEALTH AGE DISCRIMINATION LEGISLATION

Government

Costs

Government will be subject to increased regulation as an employer and service provider, as State and Territory anti-discrimination legislation does not apply to the activities of the Commonwealth Government. Similarly, there will be costs for the Government in assessing the consistency of a range of Commonwealth programs and services with the age discrimination legislation, having regard to the exemptions. For example, many Commonwealth programs are likely to be `positive discrimination', but each age-based program will need to be examined to ascertain whether it falls within the legislative exemption for positive discrimination.

The exemption for a range of Commonwealth laws containing age criteria will involve a cost for Government in reviewing the list of laws exempted two years after the commencement of the legislation (with the exception of the exemptions for migration, social security, veterans' affairs, superannuation, taxation and citizenship laws).

Resources will be required to administer the education/awareness activities relating to the commencement of the proposed legislation; to manage the implementation and operation of the legislation; and to provide advice to Government, business and the community. Actual costs of the education,

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awareness and general implementation initiatives will depend on the nature and scope of the activities conducted.

Costs to the Government will be minimised by the exemption for health programs as it will enable the continued provision of health goods and services to those age groups most likely to benefit from them. Costs to the Government also will be minimised by the maintenance of its policies on Community Rating and Lifetime Health Cover, which contribute to ensuring that health insurance is affordable and accessible and to ensuring choice and sustainability in Australia's health system.

Costs to the Government will be minimised by the exemption for superannuation schemes operating under Commonwealth legislation, as it will enable the continuation of policies designed to ensure that superannuation makes its contribution to retirement incomes, thus containing welfare costs.

Costs to the Government will be minimised by the exemptions for migration and social security and related laws, which will allow the continued achievement of the policy objectives of the migration program and the continued provision of appropriate and targeted financial support to age groups with different needs. Government will benefit from the exemption for specified laws with age criteria as the exemption will allow the maintenance of age restrictions where there are policy justifications for these.

Costs to the Government will be minimised by the exemption for positive discrimination, as it will enable Government to target various programs to age groups with particular needs and thereby achieve a range of social policy goals across portfolios.

Benefits

This legislation will have broad positive effects on the economy and on the achievement of social policy objectives. It will complement the Government's wider priority to encourage Australians to stay in the workforce. As noted above, there are significant social and economic implications of the exclusion and marginalisation of older workers from the labour market. Increased labour force participation will give rise to savings for Government in the areas of health and welfare. Increased expenditure on goods and services as a result of a reduction in discrimination will have positive impacts on the economy.

The experience of other countries in implementing age discrimination legislation in relation to employment appears positive. The Detailed Regulation Impact Assessment (DRIA) made by the United Kingdom Department of Trade and Industry, regarding implementation of the EU Employment Directive by enactment of age discrimination legislation, concludes that `In total there are net benefits to the proposed legislation. Even considering employers only this is the case.' (http://www.dti.gov.uk/er/equality/ria.pdf)

It is likely that broad social benefits would accrue early after commencement, particularly as education and community awareness improved. The associated increase in knowledge by possible complainants about their rights (which would increase the proportion of instances of discrimination that result in complaints) can be expected to be balanced by more sophisticated and compliant behaviour by actors (such as employers).

Business

Costs

Representatives of business consulted on the proposal did not provide any specific information on likely costs to their sectors. However, during the consultative process, some business representatives questioned the need for Commonwealth age discrimination legislation, given that all the States and Territories prohibit age discrimination. Business raised concerns about the added regulatory burden of having to comply with two sets of laws on the same subject of age discrimination. Given these concerns, the CCG process endeavoured to ensure as far as possible that the provisions in the proposed Commonwealth legislation were adapted to business needs and broadly consistent with the comparable provisions in State and Territory laws.

There will be some compliance costs for business in respect of training management and employees about the age discrimination obligations under the Act, and in cooperating with HREOC in relation to any complaints made against them. Complying with the outcomes of a conciliated complaint or court action in the event of a substantiated complaint would have some costs, but these are preferable to the discriminatory conduct of the business, which cost would otherwise be borne solely by the person the subject of the discrimination.

However, additional costs borne by business are likely to be marginal as they are already required to comply with the obligations in age discrimination laws in their respective State or Territory. These costs will also be minimised by the effect of the proposed education campaign in changing attitudes and providing guidance.

The exemption for the use of age as a factor in individual clinical decisions will involve some costs for health professionals in ascertaining the scope of the exemption and its application to their activities, as there is no similar exemption in State and Territory anti-discrimination laws. However, these costs will be reduced by the Government's education campaign which will provide guidance on the legislation.

The exemptions for health services will allow health service providers to continue to use age as a factor in treatment decisions where it is appropriate taking into account clinical, medical and scientific evidence concerning matters that affect people of different ages differently.The exemptions will

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provide health service providers with more certainty about the allowable range of age discrimination in the provision of health and medical services than is currently provided under State and Territory age discrimination laws, which do not provide for such exemptions.

There will be no costs to business arising from the exemptions for acts done to comply with statutory or other legal authority, including the specific exemptions for certain Commonwealth laws, as these exemptions remove the possibility of conflict between the age discrimination legislation and other legal requirements.

There will be no costs to business arising from the exemptions for Community Rating and Lifetime Health Cover as these exemptions allow the continuation of existing policy and practices.

As noted above, it is proposed that the legislation include specific exemptions for age discrimination in certain aspects of employment. Consistent with the Government's election commitment, it is proposed that this legislation not affect youth wages and job training (including `Work for the Dole'). Costs to business will be minimised as the retention of these policies will enable business to access and train up young workers. Costs to business also will be minimised by the exemption for inherent requirements of the job. This exemption will allow the actual requirements of particular positions to form the basis for decisions about recruitment and performance of duties.

Costs to business will be minimised by the exemptions for superannuation, insurance and credit by ensuring that compliance with Commonwealth superannuation requirements will not expose them to age discrimination complaints and by allowing appropriate risk assessments involving data on age to continue to be used as a tool in superannuation, insurance and credit decisions.

The exemptions for acts done under statutory or other legal authority will minimise costs for business as they will ensure that businesses are free to comply with other legal requirements and are not subject either to uncertainty about which regime to comply with, or to penalty/liability for possible non-compliance with one or the other regime. The specific exemption for age discrimination in relation to migration laws will minimise the costs for business as it will allow the continuation of the migration program, particularly in relation to skilled migration.

The exemption for positive discrimination will minimise costs for business as it will enable employers to provide targeted measures such as training programs for younger or older workers and will enable service providers to direct their goods or services to the needs of particular age groups.

Benefits

A tolerant workplace, which promotes diversity, will lead to a more productive business environment.

The Access Economics report concluded that: `[a]t the individual company level, adopting more enlightened employment policies for mature workers will provide that company with greater capacity to achieve future growth. Further, to the extent all other firms ditch misconceived policies or attitudes with respect to the aged, then the individual firm will benefit through a positive impact on the macroeconomy.'

As noted above, the Detailed Regulation Impact Assessment (DRIA) made by the United Kingdom Government regarding implementation of the EU Employment Directive by enactment of age discrimination legislation, concluded that there was a net benefit of its age discrimination legislation (which albeit only covers employment) even if only employers are considered.

The DRIA states that the main benefit to employers of a prohibition on age discrimination in relation to recruitment will be an increased pool of potential applicants, due to the increased participation rate of less well-represented age groups, as well as increased mobility of individuals. Employers further gain from retaining skills and experience within their organisation, due to lower turnover of older employees, and save on recruitment costs. Employers also benefit from the productivity increases which are due to ensuring that the most suitable people are promoted and trained without regard for their age.

The Community

Costs

No additional costs to the community have been identified in relation to the introduction of Commonwealth age discrimination legislation. The exemptions proposed are designed to minimise the costs.

Benefits

The community, particularly older and younger Australians, will benefit from proposed age discrimination legislation. In the CCG consultative process, groups such as the Council on the Ageing and the Australian Youth Affairs Coalition (AYAC) were strong supporters of Commonwealth age discrimination legislation.

The community will benefit from HREOC's enhanced role in promoting community awareness and attitudinal change, as well as its role in conciliating age discrimination complaints.

The specific exemptions in relation to health services and health programs will delineate the area of acceptable age-based distinctions in relation to health issues, preventing inaccurate stereotypes or arbitrary judgments being the basis of health decisions. This will benefit both older and younger

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Australians in ensuring appropriate health care is not impeded by age discrimination. The community as a whole will also benefit by ensuring that health resources can be directed (if appropriate) to those age groups where they will provide the greatest benefit.

It is proposed that the age discrimination legislation include an exemption for `positive' age discrimination that is consistent with the purposes of the legislation to allow measures for the benefit or need of a particular age group (eg over 50s travel tours), or to prevent or reduce a disadvantage because of age. This exemption will mean that services and concessions that are currently provided to older and younger Australians will be permitted under the legislation and recognised as addressing the needs of particular age groups.

As the age discrimination legislation will not affect Community Rating and Lifetime Health Cover, the benefits flowing from these Government policies to the whole community will not be impeded by the introduction of age discrimination legislation.

It is proposed that voluntary bodies and charitable benefits be exempted from the age discrimination legislation. This will ensure that this proposed legislation does not cut across the valuable contribution made by voluntary bodies throughout Australia.

EFFECTS ON SMALL BUSINESS

It is expected that Commonwealth age discrimination legislation, as proposed in Option 3, would impact on small business in a similar way to that outlined above for business in general. As noted earlier, compliance costs to business are unable to be specified at this time. As noted under the consultation section, business representatives (both large and small) were unable to identify the costs of the preferred option to them. However, it is likely that any initial costs of the introduction of age discrimination legislation may have a proportionately greater impact on small business than larger firms. This might be the case as larger businesses are more likely than smaller businesses to have dedicated resources, such as a personnel division, which keep up to date with changes in legislative requirements.

The purpose of a public awareness and education campaign, run in conjunction with the passage of the age discrimination legislation, would lessen the impact of costs to small business. This is the case as a key purpose of such an information campaign would be to assist business to understand its rights and responsibilities under the age discrimination legislation and adjust their practices as needed, consistently with the requirements of the legislation.

CONSULTATION

At the request of the Attorney-General, the Attorney-General's Department conducted widespread consultations with business and community organisations in early 2002. The Department consulted over 90 organisations representing business, employers and employees, older persons, children and young people, to seek their views about important issues regarding age discrimination, and wrote to a further 180 organisations (see Annexure B).

The Attorney-General established the CCG in July 2002 to assist the Department to develop the legislation. The CCG comprised a wide range of organisations including those representing business, employees, financial services, health services, youth, older people, social welfare groups, families, and other community organisations (see Annexure C).

The CCG was a diverse group representing a wide range of community interests. On many matters, members held differing views. Most organisations welcomed the development of age discrimination legislation. These organisations included peak bodies for older and younger Australians. In contrast, others groups, such as industry groups (eg, the Australian Chamber of Commerce and Industry), were not necessarily convinced that it was needed. During the CCG process, the Australian Chamber of Commerce (ACCI) and the Australian Industry Group (AIG) noted that they were not convinced that a case exists for national legislation. Further ACCI and AIG were of the view that if national legislation is to be introduced it should be in substitution for State legislation not in addition to it. ACCI and AIG acknowledged the Government's commitment to legislation and participated to ensure that proposals as to the content of the legislation were adapted to business needs.

Nevertheless, the CCG members worked constructively together, taking account of all the views expressed, in order to work as a group toward consensus on the matters that would be covered by the legislation. While particular outcomes were not always specifically endorsed by all members of the Group and some members reserved their position on certain issues, members agreed to move forward in order to achieve an overall acceptable proposal which was submitted to Government for its consideration.

The CCG established five Working Groups to examine key issues in relation to the proposed age discrimination legislation and to develop proposals on behalf of the CCG as a whole. The Working Groups examined work (including employment, training and unpaid work); superannuation, insurance and financial services; health and medical services; children and youth; and Commonwealth laws and programs not covered by other working groups.

The work of the CCG and its Working Groups ensured that the concerns of key sectors of the community were considered in the development of the legislative proposal.

The Attorney-General's Department worked closely with other Government Departments to ensure the legislation will operate appropriately in relation to

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Commonwealth laws and programs, and will complement relevant provisions in existing Commonwealth legislation. Many Departments actively participated in CCG and Working Group deliberations.

CONCLUSION AND RECOMMENDED OPTION

Considering the costs and benefits set out above and in view of the Government's objective of reducing age discrimination, particularly for older and younger Australians, it is recommended that Option 3 be endorsed.

The introduction of a new piece of Commonwealth age discrimination legislation will have an impact on business. The extent of this impact will be modified by the fact that all the States and Territories already have age discrimination legislation and most of the proposed new Commonwealth obligations will be consistent with the obligations that business are already required to comply with under State and Territory laws. As noted above, a key aspect of the CCG consultative process was to ensure as far as possible that the proposed new Commonwealth law would be broadly consistent with the approach of the State and Territory age discrimination laws to minimise the cost to business of complying with this legislation.

In assessing the economic benefits of reducing age discrimination, the Government considered the results of the regulation impact assessment carried out in the UK in relation to the introduction of legislation which prohibited age discrimination in the area of employment. That regulation impact assessment concluded that there was a net benefit from the age discrimination legislation, even if only employers were considered. Given the concerns raised by business about proposals to introduce Commonwealth age discrimination in Australia, it seems that employers are either not necessarily aware of the overall benefits due to the information problems identified earlier in the RIS, or are concerned about the interaction of the proposed new Commonwealth age discrimination with existing age discrimination legislation in the States and Territories. However, mechanisms are proposed to reduce this potential problem. It is proposed that the Commonwealth legislation provide that a matter that has already been the subject of complaint under State or Territory anti-discrimination legislation cannot be brought under the Commonwealth legislation. This will ensure that business, for example, could not face complaints for the same act of discrimination under the Commonwealth legislation where a complaint has already been brought under the relevant State or Territory legislation.

The self-regulatory measures suggested in Option 2 are not appropriate for the problem of age discrimination as they do not provide an adequate remedy. Legislative mechanisms for providing protection against age discrimination would appear to be the optimum way of dealing with the problem.

Similarly, simply retaining the status quo, as suggested in Option 1, is not an appropriate option in this case. As noted above, there are gaps in the existing coverage of Commonwealth, State and Territory laws which would not be rectified by simply retaining the status quo.

IMPLEMENTATION AND REVIEW

The Attorney-General will be responsible for administering the proposed new age discrimination legislation. The Attorney-General's Department will be responsible for the ongoing monitoring of its operation. As with all other Commonwealth anti-discrimination legislation, HREOC will also have a role in relation to public awareness and education, inquiring into possible human rights infringements and policy and legislative development.

The CCG proposed that the Attorney-General's Department and HREOC consult following the enactment of the legislation about the possibility of HREOC undertaking a review of the legislation after a suitable period.

It is proposed that certain identified Commonwealth laws be exempt from the proposed age discrimination legislation, but that the list of exempted laws (save for certain areas of superannuation, health, migration, social security and taxation) be reviewed two years after the commencement of the legislation, to ascertain whether all laws identified to date are appropriate for continuing exemption and to ascertain whether there are other laws that should be exempt.

ANNEXURE A

Complaints of age discrimination under state and territory jurisdictions

(Provided by HREOC)

1999-2000


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Jurisdn

No.

Edu.

Laws/ Progs

Work

Accom.

G&S

Access

Sport

Clubs

Insur/

Super.

Local Govt.

%age

Federal

24











0.02

NSW

112

1


72

10

27



1



8

Vic

217

11


167

7

26


4

2



5.5


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Qld

99

1

4

75

4

11




3

1

12.21

SA

40



31

3

3



3



21.4

WA

34

*

*

*

*

*

*

*

*

*

*

8.1

ACT

6



4


1


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1





19.35

NT

37

3


24

0

6



0

0


10.2

Tas

13

*

*

*

*

*

*

*

*

*

*

6.7

2000-2001


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Jurisdn

No.

Edu.

Laws/

Progs

Work

Accom

G&S

Access

Sport

Clubs

Insur/

Super

Local Govt

%age

Federal

34











2.7

NSW

139

4


91

7

35



2



9

Vic

156

3


123

4

24



2



4.54

Qld

122

2

5

76

10

13



1

7

1

8.57

SA

14



12


2






11.3

WA

41

*

*

*

*

*

*

*

*

*

*

8

ACT

7



5


1






4.86

NT

23

6


15

1

1






9.45

Tas

*

*

*

*

*

*

*

*

*

*

*


* - Statistics not available

ANNEXURE B

START ATTACHMENT TEXT BELOW

Age Discrimination Legislation -- Initial Consultations

START ATTACHMENT TEXT BELOW

In early 2002, AGD consulted 91 organisations, which are listed below

START ATTACHMENT TEXT BELOW

1.       START ATTACHMENT TEXT BELOWSTART ATTACHMENT TEXT BELOWAged and Community Services Australia

2.       START ATTACHMENT TEXT BELOWAged and Community Services AustraliaSTART ATTACHMENT TEXT BELOWAged and Community Services AustraliaAssociation of Independent Retirees

3.       START ATTACHMENT TEXT BELOWAged and Community Services AustraliaAssociation of Independent Retirees START ATTACHMENT TEXT BELOWAged and Community Services AustraliaAssociation of Independent Retirees Association of Superannuation Funds of Australia

4.       START ATTACHMENT TEXT BELOWAged and Community Services AustraliaAssociation of Independent Retirees Association of Superannuation Funds of AustraliaSTART ATTACHMENT TEXT BELOWAged and Community Services AustraliaAssociation of Independent Retirees Association of Superannuation Funds of AustraliaAustralian Bankers' Association

5.       START ATTACHMENT TEXT BELOWAged and Community Services AustraliaAssociation of

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Independent Retirees Association of Superannuation Funds of AustraliaAustralian Bankers' AssociationSTART ATTACHMENT TEXT BELOWAged and Community Services AustraliaAssociation of Independent Retirees Association of Superannuation Funds of AustraliaAustralian Bankers' AssociationAustralian Chamber of Commerce and Industry

6.       START ATTACHMENT TEXT BELOWAged and Community Services AustraliaAssociation of Independent Retirees Association of Superannuation Funds of AustraliaAustralian Bankers' AssociationAustralian Chamber of Commerce and Industryion of the Disabled

7.       ion of the Disabled ion of the Disabled Australian Council of Social Services

8.       ion of the Disabled Australian Council of Social Servicesion of the Disabled Australian Council of Social ServicesAustralian Council of Trade Unions

9.       ion of the Disabled Australian Council of Social ServicesAustralian Council of Trade Unionsion of the Disabled Australian Council of Social ServicesAustralian Council of Trade UnionsAustralian Federation of Homelessness Organisations

10.       ion of the Disabled Australian Council of Social ServicesAustralian Council of Trade UnionsAustralian Federation of Homelessness Organisationsion of the Disabled Australian Council of Social ServicesAustralian Council of Trade UnionsAustralian Federation of Homelessness OrganisationsAustralian Finance Conference

11.       ion of the Disabled Australian Council of Social ServicesAustralian Council of Trade UnionsAustralian Federation of Homelessness OrganisationsAustralian Finance Conferenceion of the Disabled Australian Council of Social ServicesAustralian Council of Trade UnionsAustralian Federation of Homelessness OrganisationsAustralian Finance ConferenceAustralian Health Insurance Association

12.       ion of the Disabled Australian Council of Social ServicesAustralian Council of Trade UnionsAustralian Federation of Homelessness OrganisationsAustralian Finance ConferenceAustralian Health Insurance Associationion of the Disabled Australian Council of Social ServicesAustralian Council of Trade UnionsAustralian Federation of Homelessness OrganisationsAustralian Finance ConferenceAustralian Health Insurance AssociationAustralian Human Resources Institute

13.       ion of the Disabled Australian Council of Social ServicesAustralian Council of Trade UnionsAustralian Federation of Homelessness OrganisationsAustralian Finance ConferenceAustralian Health Insurance AssociationAustralian Human Resources Institute n Industry Group

14.       n Industry Groupn Industry GroupAustralian Institute of Family Studies

15.       n Industry GroupAustralian Institute of Family Studiesn Industry GroupAustralian Institute of Family StudiesAustralian Multicultural Foundation

16.       n Industry GroupAustralian Institute of Family StudiesAustralian Multicultural Foundationn Industry GroupAustralian Institute of Family StudiesAustralian Multicultural FoundationOver 50s Association

17.       n Industry GroupAustralian Institute of Family StudiesAustralian Multicultural FoundationOver 50s Associationn Industry GroupAustralian Institute of Family StudiesAustralian Multicultural FoundationOver 50s AssociationAustralian Youth Affairs Coalition

18.       n Industry GroupAustralian Institute of Family StudiesAustralian Multicultural FoundationOver 50s AssociationAustralian Youth Affairs Coalitionn Industry GroupAustralian Institute of Family StudiesAustralian Multicultural FoundationOver 50s AssociationAustralian Youth Affairs CoalitionBusiness Council of Australia

19.       n

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Industry GroupAustralian Institute of Family StudiesAustralian Multicultural FoundationOver 50s AssociationAustralian Youth Affairs CoalitionBusiness Council of Australian Industry GroupAustralian Institute of Family StudiesAustralian Multicultural FoundationOver 50s AssociationAustralian Youth Affairs CoalitionBusiness Council of AustraliaConsumers' Health Forum

20.       n Industry GroupAustralian Institute of Family StudiesAustralian Multicultural FoundationOver 50s AssociationAustralian Youth Affairs CoalitionBusiness Council of AustraliaConsumers' Health Forumn Industry GroupAustralian Institute of Family StudiesAustralian Multicultural FoundationOver 50s AssociationAustralian Youth Affairs CoalitionBusiness Council of AustraliaConsumers' Health ForumCouncil for Equal Opportunity in Employment

21.       n Industry GroupAustralian Institute of Family StudiesAustralian Multicultural FoundationOver 50s AssociationAustralian Youth Affairs CoalitionBusiness Council of AustraliaConsumers' Health ForumCouncil for Equal Opportunity in Employmentusiness Organisations of Australia

22.       usiness Organisations of Australiausiness Organisations of AustraliaCouncil on the Ageing (Australia)

23.       usiness Organisations of AustraliaCouncil on the Ageing (Australia)usiness Organisations of AustraliaCouncil on the Ageing (Australia)Create Foundation

24.       usiness Organisations of AustraliaCouncil on the Ageing (Australia)Create Foundationusiness Organisations of AustraliaCouncil on the Ageing (Australia)Create FoundationCredit Union Services Corporation (Australia) Limited

25.       usiness Organisations of AustraliaCouncil on the Ageing (Australia)Create FoundationCredit Union Services Corporation (Australia) Limitedusiness Organisations of AustraliaCouncil on the Ageing (Australia)Create FoundationCredit Union Services Corporation (Australia) LimitedFamilies Australia

26.       usiness Organisations of AustraliaCouncil on the Ageing (Australia)Create FoundationCredit Union Services Corporation (Australia) LimitedFamilies Australiausiness Organisations of AustraliaCouncil on the Ageing (Australia)Create FoundationCredit Union Services Corporation (Australia) LimitedFamilies AustraliaFederation of Ethnic Communities Councils of Australia Inc

27.       usiness Organisations of AustraliaCouncil on the Ageing (Australia)Create FoundationCredit Union Services Corporation (Australia) LimitedFamilies AustraliaFederation of Ethnic Communities Councils of Australia Incon

28.       on on Insurance Advisers Association of Australia

29.       on Insurance Advisers Association of Australiaon Insurance Advisers Association of AustraliaInsurance Council of Australia

30.       on Insurance Advisers Association of AustraliaInsurance Council of Australiaon Insurance Advisers Association of AustraliaInsurance Council of AustraliaInvestment and Financial Services Association Limited

31.       on Insurance Advisers Association of AustraliaInsurance Council of AustraliaInvestment and Financial Services Association Limitedon Insurance Advisers Association of AustraliaInsurance Council of AustraliaInvestment and Financial Services Association LimitedLaw Council of Australia

32.       on Insurance Advisers Association of AustraliaInsurance Council of AustraliaInvestment and Financial Services Association LimitedLaw Council of Australiaon Insurance Advisers Association of AustraliaInsurance Council of AustraliaInvestment and Financial Services Association LimitedLaw Council of AustraliaNational Children's and Youth Law Centre

33.       on

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Insurance Advisers Association of AustraliaInsurance Council of AustraliaInvestment and Financial Services Association LimitedLaw Council of AustraliaNational Children's and Youth Law Centreon Insurance Advisers Association of AustraliaInsurance Council of AustraliaInvestment and Financial Services Association LimitedLaw Council of AustraliaNational Children's and Youth Law CentreNational Disability Advisory Council

34.       on Insurance Advisers Association of AustraliaInsurance Council of AustraliaInvestment and Financial Services Association LimitedLaw Council of AustraliaNational Children's and Youth Law CentreNational Disability Advisory Councils Association

35.       s Associations AssociationNational Insurance Brokers AssociationS ASSOCIATIONNATIONAL INSURANCE BROKERS ASSOCIATION

36.       s AssociationNational Insurance Brokers Associations AssociationNational Insurance Brokers AssociationNational Seniors Associations AssociationNational Insurance Brokers AssociationNational Seniors Association

37.       s AssociationNational Insurance Brokers AssociationNational Seniors Associations AssociationNational Insurance Brokers AssociationNational Seniors AssociationOlder Women's Network

38.       s AssociationNational Insurance Brokers AssociationNational Seniors AssociationOlder Women's Networks AssociationNational Insurance Brokers AssociationNational Seniors AssociationOlder Women's NetworkThe Positive Ageing Foundation of Australia

39.       s AssociationNational Insurance Brokers AssociationNational Seniors AssociationOlder Women's NetworkThe Positive Ageing Foundation of Australias AssociationNational Insurance Brokers AssociationNational Seniors AssociationOlder Women's NetworkThe Positive Ageing Foundation of AustraliaPrivate Health Insurance Administration Council

40.       s AssociationNational Insurance Brokers AssociationNational Seniors AssociationOlder Women's NetworkThe Positive Ageing Foundation of AustraliaPrivate Health Insurance Administration Councils AssociationNational Insurance Brokers AssociationNational Seniors AssociationOlder Women's NetworkThe Positive Ageing Foundation of AustraliaPrivate Health Insurance Administration CouncilReturned Services League

41.       s AssociationNational Insurance Brokers AssociationNational Seniors AssociationOlder Women's NetworkThe Positive Ageing Foundation of AustraliaPrivate Health Insurance Administration CouncilReturned Services Leaguetioners

42.       tionerstionersThe Grey Army

43.       tionersThe Grey ArmytionersThe Grey ArmyUNICEF Australia

44.       tionersThe Grey ArmyUNICEF AustraliationersThe Grey ArmyUNICEF AustraliaYouth Action and Policy Association (NSW)

45.       tionersThe Grey ArmyUNICEF AustraliaYouth Action and Policy Association (NSW)tionersThe Grey ArmyUNICEF AustraliaYouth Action and Policy Association (NSW)Youth Affairs Council of Victoria Inc.

46.       tionersThe Grey ArmyUNICEF AustraliaYouth Action and Policy Association (NSW)Youth Affairs Council of Victoria Inc.tionersThe Grey ArmyUNICEF AustraliaYouth Action and Policy Association (NSW)Youth Affairs Council of Victoria Inc.Youth Affairs Council of WATIONERSTHE GREY ARMYUNICEF AUSTRALIAYOUTH ACTION AND POLICY ASSOCIATION (NSW)YOUTH AFFAIRS COUNCIL OF VICTORIA INC.YOUTH AFFAIRS COUNCIL OF WA

47.       tionersThe Grey ArmyUNICEF AustraliaYouth Action and Policy Association (NSW)Youth Affairs Council of Victoria Inc.Youth Affairs Council of WANGO Forum held on 15 March 2002: (22 organisations in addition to above)tionersThe Grey ArmyUNICEF AustraliaYouth Action and Policy Association (NSW)Youth Affairs Council of Victoria Inc.Youth Affairs Council of WANGO Forum held on 15 March 2002: (22 organisations in addition to above)tionersThe Grey ArmyUNICEF AustraliaYouth Action and Policy Association (NSW)Youth Affairs

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Council of Victoria Inc.Youth Affairs Council of WA

tionersThe Grey ArmyUNICEF AustraliaYouth Action and Policy Association (NSW)Youth Affairs Council of Victoria Inc.Youth Affairs Council of WANGO Forum held on 15 March 2002: (22 organisations in addition to above)-       issionISSION

-       issionAmnesty International AustraliaISSION

-       issionissionAssociation of NESB Women of AustraliaISSIONASSOCIATION OF NESB WOMEN OF AUSTRALIA

-       issionAssociation of NESB Women of AustraliaissionAssociation of NESB Women of AustraliaAustralian Baha'i CommunityISSIONASSOCIATION OF NESB WOMEN OF AUSTRALIAAUSTRALIAN BAHA'I COMMUNITY

-       issionAssociation of NESB Women of AustraliaAustralian Baha'i CommunityAustralian Council of Social ServicesISSIONASSOCIATION OF NESB WOMEN OF AUSTRALIAAUSTRALIAN BAHA'I COMMUNITY

-       issionAssociation of NESB Women of AustraliaAustralian Baha'i CommunityissionAssociation of NESB Women of AustraliaAustralian Baha'i CommunityAustralian Federation of Business and Professional Women IncISSIONASSOCIATION OF NESB WOMEN OF AUSTRALIAAUSTRALIAN BAHA'I COMMUNITYAUSTRALIAN FEDERATION OF BUSINESS AND PROFESSIONAL WOMEN INC

-       issionAssociation of NESB Women of AustraliaAustralian Baha'i CommunityAustralian Federation of Business and Professional Women IncissionAssociation of NESB Women of AustraliaAustralian Baha'i CommunityAustralian Federation of Business and Professional Women IncAustralian Federation of Homelessness OrganisationsISSIONASSOCIATION OF NESB WOMEN OF AUSTRALIAAUSTRALIAN BAHA'I COMMUNITYAUSTRALIAN FEDERATION OF BUSINESS AND PROFESSIONAL WOMEN INCAUSTRALIAN FEDERATION OF HOMELESSNESS ORGANISATIONS

-       issionAssociation of NESB Women of AustraliaAustralian Baha'i CommunityAustralian Federation of Business and Professional Women IncAustralian Federation of Homelessness OrganisationsissionAssociation of NESB Women of AustraliaAustralian Baha'i CommunityAustralian Federation of Business and Professional Women IncAustralian Federation of Homelessness OrganisationsAustralian Lawyers for Human RightsISSIONASSOCIATION OF NESB WOMEN OF AUSTRALIAAUSTRALIAN BAHA'I COMMUNITYAUSTRALIAN FEDERATION OF BUSINESS AND PROFESSIONAL WOMEN INCAUSTRALIAN FEDERATION OF HOMELESSNESS ORGANISATIONSAUSTRALIAN LAWYERS FOR HUMAN RIGHTS

-       issionAssociation of NESB Women of AustraliaAustralian Baha'i CommunityAustralian Federation of Business and Professional Women IncAustralian Federation of Homelessness OrganisationsAustralian Lawyers for Human RightsissionAssociation of NESB Women of AustraliaAustralian Baha'i CommunityAustralian Federation of Business and Professional Women IncAustralian Federation of Homelessness OrganisationsAustralian Lawyers for Human RightsAustralian Red CrossISSIONASSOCIATION OF NESB WOMEN OF AUSTRALIAAUSTRALIAN BAHA'I COMMUNITYAUSTRALIAN FEDERATION OF BUSINESS AND PROFESSIONAL WOMEN INCAUSTRALIAN FEDERATION OF HOMELESSNESS ORGANISATIONSAUSTRALIAN LAWYERS FOR HUMAN RIGHTSAUSTRALIAN RED CROSS

-       issionAssociation of NESB Women of AustraliaAustralian Baha'i CommunityAustralian Federation of Business and Professional Women IncAustralian Federation of Homelessness OrganisationsAustralian Lawyers for Human RightsAustralian Red Crossof the International Commission of JuristsOF THE INTERNATIONAL COMMISSION OF JURISTS

-       of the International Commission of Juristsof the International Commission of JuristsAustralian Women LawyersOF THE INTERNATIONAL COMMISSION OF JURISTSAUSTRALIAN WOMEN LAWYERS

-       of the International Commission of JuristsAustralian Women Lawyersof the International Commission of JuristsAustralian Women LawyersCoalition of Australian Peak Organisations of WomenOF THE INTERNATIONAL COMMISSION OF JURISTSAUSTRALIAN WOMEN LAWYERSCOALITION OF AUSTRALIAN PEAK ORGANISATIONS OF WOMEN

-       of the International Commission of JuristsAustralian Women LawyersCoalition of Australian Peak Organisations of Womenof the International Commission of JuristsAustralian Women LawyersCoalition of

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Australian Peak Organisations of WomenExecutive Council of Australian JewryOF THE INTERNATIONAL COMMISSION OF JURISTSAUSTRALIAN WOMEN LAWYERSCOALITION OF AUSTRALIAN PEAK ORGANISATIONS OF WOMENEXECUTIVE COUNCIL OF AUSTRALIAN JEWRY

-       of the International Commission of JuristsAustralian Women LawyersCoalition of Australian Peak Organisations of WomenExecutive Council of Australian Jewryof the International Commission of JuristsAustralian Women LawyersCoalition of Australian Peak Organisations of WomenExecutive Council of Australian JewryFederation of Ethnic Community Councils of AustraliaOF THE INTERNATIONAL COMMISSION OF JURISTSAUSTRALIAN WOMEN LAWYERSCOALITION OF AUSTRALIAN PEAK ORGANISATIONS OF WOMENEXECUTIVE COUNCIL OF AUSTRALIAN JEWRYFEDERATION OF ETHNIC COMMUNITY COUNCILS OF AUSTRALIA

-       of the International Commission of JuristsAustralian Women LawyersCoalition of Australian Peak Organisations of WomenExecutive Council of Australian JewryFederation of Ethnic Community Councils of AustraliationTION

-       tiontionHuman Rights and Equal Opportunity CommissionTIONHUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

-       tionHuman Rights and Equal Opportunity CommissiontionHuman Rights and Equal Opportunity CommissionNational Aboriginal and Torres Strait Islander Legal Services SecretariatTIONHUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSIONNATIONAL ABORIGINAL AND TORRES STRAIT ISLANDER LEGAL SERVICES SECRETARIAT

-       tionHuman Rights and Equal Opportunity CommissionNational Aboriginal and Torres Strait Islander Legal Services SecretariattionHuman Rights and Equal Opportunity CommissionNational Aboriginal and Torres Strait Islander Legal Services SecretariatNational Association of Community Legal CentresTIONHUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSIONNATIONAL ABORIGINAL AND TORRES STRAIT ISLANDER LEGAL SERVICES SECRETARIATNATIONAL ASSOCIATION OF COMMUNITY LEGAL CENTRES

-       tionHuman Rights and Equal Opportunity CommissionNational Aboriginal and Torres Strait Islander Legal Services SecretariatNational Association of Community Legal CentrestionHuman Rights and Equal Opportunity CommissionNational Aboriginal and Torres Strait Islander Legal Services SecretariatNational Association of Community Legal CentresNational Ethnic Disability AllianceTIONHUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSIONNATIONAL ABORIGINAL AND TORRES STRAIT ISLANDER LEGAL SERVICES SECRETARIATNATIONAL ASSOCIATION OF COMMUNITY LEGAL CENTRESNATIONAL ETHNIC DISABILITY ALLIANCE

-       tionHuman Rights and Equal Opportunity CommissionNational Aboriginal and Torres Strait Islander Legal Services SecretariatNational Association of Community Legal CentresNational Ethnic Disability AlliancetionHuman Rights and Equal Opportunity CommissionNational Aboriginal and Torres Strait Islander Legal Services SecretariatNational Association of Community Legal CentresNational Ethnic Disability AllianceNational Council of ChurchesTIONHUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSIONNATIONAL ABORIGINAL AND TORRES STRAIT ISLANDER LEGAL SERVICES SECRETARIATNATIONAL ASSOCIATION OF COMMUNITY LEGAL CENTRESNATIONAL ETHNIC DISABILITY ALLIANCENATIONAL COUNCIL OF CHURCHES

-       tionHuman Rights and Equal Opportunity CommissionNational Aboriginal and Torres Strait Islander Legal Services SecretariatNational Association of Community Legal CentresNational Ethnic Disability AllianceNational Council of ChurchesnN

-       nnOlder Women's NetworkNOLDER WOMEN'S NETWORK

-       nOlder Women's NetworknOlder Women's NetworkPublic Interest Advocacy CentreNOLDER WOMEN'S NETWORKPUBLIC INTEREST ADVOCACY CENTRE

-       nOlder Women's NetworkPublic Interest Advocacy CentrenOlder Women's NetworkPublic Interest Advocacy CentreQuaker Service AustraliaNOLDER WOMEN'S NETWORKPUBLIC INTEREST ADVOCACY CENTREQUAKER SERVICE AUSTRALIA


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-       nOlder Women's NetworkPublic Interest Advocacy CentreQuaker Service AustralianOlder Women's NetworkPublic Interest Advocacy CentreQuaker Service AustraliaRefugee Council of AustraliaNOLDER WOMEN'S NETWORKPUBLIC INTEREST ADVOCACY CENTREQUAKER SERVICE AUSTRALIAREFUGEE COUNCIL OF AUSTRALIA

-       nOlder Women's NetworkPublic Interest Advocacy CentreQuaker Service AustraliaRefugee Council of AustralianOlder Women's NetworkPublic Interest Advocacy CentreQuaker Service AustraliaRefugee Council of AustraliaWomen's Electoral LobbyNOLDER WOMEN'S NETWORKPUBLIC INTEREST ADVOCACY CENTREQUAKER SERVICE AUSTRALIAREFUGEE COUNCIL OF AUSTRALIAWOMEN'S ELECTORAL LOBBY

-       nOlder Women's NetworkPublic Interest Advocacy CentreQuaker Service AustraliaRefugee Council of AustraliaWomen's Electoral LobbynOlder Women's NetworkPublic Interest Advocacy CentreQuaker Service AustraliaRefugee Council of AustraliaWomen's Electoral LobbyWomen's Services NetworkNOLDER WOMEN'S NETWORKPUBLIC INTEREST ADVOCACY CENTREQUAKER SERVICE AUSTRALIAREFUGEE COUNCIL OF AUSTRALIAWOMEN'S ELECTORAL LOBBYWOMEN'S SERVICES NETWORK

-       nOlder Women's NetworkPublic Interest Advocacy CentreQuaker Service AustraliaRefugee Council of AustraliaWomen's Electoral LobbyWomen's Services NetworknOlder Women's NetworkPublic Interest Advocacy CentreQuaker Service AustraliaRefugee Council of AustraliaWomen's Electoral LobbyWomen's Services NetworkYoung Women's Christian AssociationNOLDER WOMEN'S NETWORKPUBLIC INTEREST ADVOCACY CENTREQUAKER SERVICE AUSTRALIAREFUGEE COUNCIL OF AUSTRALIAWOMEN'S ELECTORAL LOBBYWOMEN'S SERVICES NETWORKYOUNG WOMEN'S CHRISTIAN ASSOCIATION

48.       nOlder Women's NetworkPublic Interest Advocacy CentreQuaker Service AustraliaRefugee Council of AustraliaWomen's Electoral LobbyWomen's Services NetworkYoung Women's Christian AssociationnOlder Women's NetworkPublic Interest Advocacy CentreQuaker Service AustraliaRefugee Council of AustraliaWomen's Electoral LobbyWomen's Services NetworkYoung Women's Christian Association Disability Education Standards Meeting (in addition to the above)NOLDER WOMEN'S NETWORKPUBLIC INTEREST ADVOCACY CENTREQUAKER SERVICE AUSTRALIAREFUGEE COUNCIL OF AUSTRALIAWOMEN'S ELECTORAL LOBBYWOMEN'S SERVICES NETWORKYOUNG WOMEN'S CHRISTIAN ASSOCIATION

-       nOlder Women's NetworkPublic Interest Advocacy CentreQuaker Service AustraliaRefugee Council of AustraliaWomen's Electoral LobbyWomen's Services NetworkYoung Women's Christian AssociationnOlder Women's NetworkPublic Interest Advocacy CentreQuaker Service AustraliaRefugee Council of AustraliaWomen's Electoral LobbyWomen's Services NetworkYoung Women's Christian AssociationState and Territory Departments of Education

-       nOlder Women's NetworkPublic Interest Advocacy CentreQuaker Service AustraliaRefugee Council of AustraliaWomen's Electoral LobbyWomen's Services NetworkYoung Women's Christian AssociationState and Territory Departments of Educationendent Schools

-       endent Schoolsendent SchoolsNational Catholic Education Commission

-       endent SchoolsNational Catholic Education Commissionendent SchoolsNational Catholic Education CommissionAustralian Vice Chancellors' Committee

49.       endent SchoolsNational Catholic Education CommissionAustralian Vice Chancellors' Committeeendent SchoolsNational Catholic Education CommissionAustralian Vice Chancellors' Committee Australian Forum of Youth Organisations (9 organisations in addition to above)

-       endent SchoolsNational Catholic Education CommissionAustralian Vice Chancellors' Committeeendent SchoolsNational Catholic Education CommissionAustralian Vice Chancellors' CommitteeAustralian Council of YMCA

-       endent SchoolsNational Catholic Education CommissionAustralian Vice Chancellors' CommitteeAustralian Council of YMCAendent SchoolsNational Catholic Education CommissionAustralian Vice Chancellors' CommitteeAustralian Council of YMCAAustralian Red Cross


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-       endent SchoolsNational Catholic Education CommissionAustralian Vice Chancellors' CommitteeAustralian Council of YMCAAustralian Red Crossendent SchoolsNational Catholic Education CommissionAustralian Vice Chancellors' CommitteeAustralian Council of YMCAAustralian Red CrossAustralian Rural Youth

-       endent SchoolsNational Catholic Education CommissionAustralian Vice Chancellors' CommitteeAustralian Council of YMCAAustralian Red CrossAustralian Rural Youthendent SchoolsNational Catholic Education CommissionAustralian Vice Chancellors' CommitteeAustralian Council of YMCAAustralian Red CrossAustralian Rural YouthDuke of Edinburgh's Award in Australia

-       endent SchoolsNational Catholic Education CommissionAustralian Vice Chancellors' CommitteeAustralian Council of YMCAAustralian Red CrossAustralian Rural YouthDuke of Edinburgh's Award in Australiaendent SchoolsNational Catholic Education CommissionAustralian Vice Chancellors' CommitteeAustralian Council of YMCAAustralian Red CrossAustralian Rural YouthDuke of Edinburgh's Award in AustraliaGuides Australia

-       endent SchoolsNational Catholic Education CommissionAustralian Vice Chancellors' CommitteeAustralian Council of YMCAAustralian Red CrossAustralian Rural YouthDuke of Edinburgh's Award in AustraliaGuides Australiaendent SchoolsNational Catholic Education CommissionAustralian Vice Chancellors' CommitteeAustralian Council of YMCAAustralian Red CrossAustralian Rural YouthDuke of Edinburgh's Award in AustraliaGuides AustraliaLions Clubs of Australia

-       endent SchoolsNational Catholic Education CommissionAustralian Vice Chancellors' CommitteeAustralian Council of YMCAAustralian Red CrossAustralian Rural YouthDuke of Edinburgh's Award in AustraliaGuides AustraliaLions Clubs of Australia Youth Clubs NSW Ltd

-        Youth Clubs NSW Ltd Youth Clubs NSW LtdSt John Ambulance Australia

-        Youth Clubs NSW LtdSt John Ambulance Australia Youth Clubs NSW LtdSt John Ambulance AustraliaThe Boys' Brigade in Australia

-        Youth Clubs NSW LtdSt John Ambulance AustraliaThe Boys' Brigade in Australia Youth Clubs NSW LtdSt John Ambulance AustraliaThe Boys' Brigade in AustraliaThe Scout Association of Australia

-        Youth Clubs NSW LtdSt John Ambulance AustraliaThe Boys' Brigade in AustraliaThe Scout Association of Australia Youth Clubs NSW LtdSt John Ambulance AustraliaThe Boys' Brigade in AustraliaThe Scout Association of AustraliaYWCA of Australia

50.        Youth Clubs NSW LtdSt John Ambulance AustraliaThe Boys' Brigade in AustraliaThe Scout Association of AustraliaYWCA of Australia Youth Clubs NSW LtdSt John Ambulance AustraliaThe Boys' Brigade in AustraliaThe Scout Association of AustraliaYWCA of Australia National Children's Services Forum (9 organisations in addition to above)

-        Youth Clubs NSW LtdSt John Ambulance AustraliaThe Boys' Brigade in AustraliaThe Scout Association of AustraliaYWCA of Australia Youth Clubs NSW LtdSt John Ambulance AustraliaThe Boys' Brigade in AustraliaThe Scout Association of AustraliaYWCA of AustraliaAustralian Federation of Child Care Associations

-        Youth Clubs NSW LtdSt John Ambulance AustraliaThe Boys' Brigade in AustraliaThe Scout Association of AustraliaYWCA of AustraliaAustralian Federation of Child Care Associations Youth Clubs NSW LtdSt John Ambulance AustraliaThe Boys' Brigade in AustraliaThe Scout Association of AustraliaYWCA of AustraliaAustralian Federation of Child Care AssociationsAustralian Early Childhood Association

-        Youth Clubs NSW LtdSt John Ambulance AustraliaThe Boys' Brigade in AustraliaThe Scout Association of AustraliaYWCA of AustraliaAustralian Federation of Child Care AssociationsAustralian Early Childhood Associationildren's Services


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-       ildren's Servicesildren's ServicesNational Family Day Care Council of Australia

-       ildren's ServicesNational Family Day Care Council of Australiaildren's ServicesNational Family Day Care Council of AustraliaNational Peak Ethnic Children's Services Network

-       ildren's ServicesNational Family Day Care Council of AustraliaNational Peak Ethnic Children's Services Networkildren's ServicesNational Family Day Care Council of AustraliaNational Peak Ethnic Children's Services NetworkNational Out of School Hours Services Association

-       ildren's ServicesNational Family Day Care Council of AustraliaNational Peak Ethnic Children's Services NetworkNational Out of School Hours Services Associationildren's ServicesNational Family Day Care Council of AustraliaNational Peak Ethnic Children's Services NetworkNational Out of School Hours Services AssociationOccasional Child Care Association - National

-       ildren's ServicesNational Family Day Care Council of AustraliaNational Peak Ethnic Children's Services NetworkNational Out of School Hours Services AssociationOccasional Child Care Association - Nationalildren's ServicesNational Family Day Care Council of AustraliaNational Peak Ethnic Children's Services NetworkNational Out of School Hours Services AssociationOccasional Child Care Association - NationalPlaygroup Council of Australia

-       ildren's ServicesNational Family Day Care Council of AustraliaNational Peak Ethnic Children's Services NetworkNational Out of School Hours Services AssociationOccasional Child Care Association - NationalPlaygroup Council of Australiasability, Resource and Training Agencies


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Organisations written to by the Attorney-General's Department on 2 May 2002 regarding age discrimination reforms

sability, Resource and Training Agencies

1.       sability, Resource and Training AgenciesAboriginal Children's Advancement Society

sability, Resource and Training Agencies

2. sability, Resource and Training AgenciesACT Multicultural Council Youth Network

sability, Resource and Training Agencies

3. sability, Resource and Training AgenciesAdult Learning Australia Inc (ALA)

sability, Resource and Training Agencies

4. sability, Resource and Training AgenciesAlzheimer's Association of NSW

sability, Resource and Training Agencies

5. sability, Resource and Training AgenciesAnglicare Australia

sability, Resource and Training Agencies

6. sability, Resource and Training AgenciesAssociation for Competitive Employment (ACE)

sability, Resource and Training Agencies

7. sability, Resource and Training AgenciesAssociation of Children's Welfare Agencies (ACWA)

sability, Resource and Training Agencies

8. sability, Resource and Training AgenciesAssociation of Professional Engineers, Scientists and Managers Australia

sability, Resource and Training Agencies

9. sability, Resource and Training AgenciesAuburn Migrant Resource Centre

sability, Resource and Training Agencies

10. sability, Resource and Training AgenciesAudiology Society of Australia

sability, Resource and Training Agencies

11. sability, Resource and Training AgenciesAustralian Association of the Deaf

sability, Resource and Training Agencies

12. sability, Resource and Training AgenciesAustralian Businesswomen's Network

sability, Resource and Training Agencies

13. sability, Resource and Training AgenciesAustralian Catholic Social Justice Commission

sability, Resource and Training Agencies

14. sability, Resource and Training AgenciesAustralian Centre for Adult Literacy

sability, Resource and Training Agencies

15. sability, Resource and Training AgenciesAustralian Consumers Association

sability, Resource and Training Agencies

16. sability, Resource and Training AgenciesAustralian Council for Education

sability, Resource and Training Agencies

17. sability, Resource and Training AgenciesAustralian Council of Deans of Education

sability, Resource and Training Agencies

18. sability, Resource and Training AgenciesAustralian Council of Women and Policing

sability, Resource and Training Agencies

19. sability, Resource and Training AgenciesAustralian Council on Healthcare Standards

sability, Resource and Training Agencies

20. sability, Resource and Training AgenciesAustralian Dental Association

sability, Resource and Training Agencies

21. sability, Resource and Training AgenciesAustralian Federation of AIDS Organisations

sability, Resource and Training Agencies

22. sability, Resource and Training AgenciesAustralian Federation of University Women

sability, Resource and Training Agencies

23. sability, Resource and Training AgenciesAustralian Forum of Human Rights Organisations

sability, Resource and Training Agencies

24.
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sability, Resource and Training AgenciesAustralian Hoteliers Association

sability, Resource and Training Agencies

25. sability, Resource and Training AgenciesAustralian Institute of Aboriginal and Torres Strait Islander Studies

sability, Resource and Training Agencies

26. sability, Resource and Training AgenciesAustralian Institute of Actuaries

sability, Resource and Training Agencies

27. sability, Resource and Training AgenciesAustralian Institute of Engineers

sability, Resource and Training Agencies

28. sability, Resource and Training AgenciesAustralian Institute of Health and Welfare

sability, Resource and Training Agencies

29. sability, Resource and Training AgenciesAustralian Insurance Institute

sability, Resource and Training Agencies

30. sability, Resource and Training AgenciesAustralian Insurance Law Association

sability, Resource and Training Agencies

31. sability, Resource and Training AgenciesAustralian Local Government Association

sability, Resource and Training Agencies

32. sability, Resource and Training AgenciesAustralian Medical Association

sability, Resource and Training Agencies

33. sability, Resource and Training AgenciesAustralian National Committee on Refugee Women

sability, Resource and Training Agencies
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34. sability, Resource and Training AgenciesAustralian National Youth Roundtable

sability, Resource and Training Agencies

35. sability, Resource and Training AgenciesAustralian Nursing Federation

sability, Resource and Training Agencies

36. sability, Resource and Training AgenciesAustralian Pensioners' and Superannuants' League, QLD Inc (APSL)

sability, Resource and Training Agencies

37. sability, Resource and Training AgenciesAustralian Pensioners Insurance Agency

sability, Resource and Training Agencies

38. sability, Resource and Training AgenciesAustralian Retailers Association

sability, Resource and Training Agencies

39. sability, Resource and Training AgenciesAustralian Retirement Income Streams Association (ARISA)

sability, Resource and Training Agencies

40. sability, Resource and Training AgenciesAustralian Secondary Principals Association

sability, Resource and Training Agencies

41. sability, Resource and Training AgenciesAustralian Vocational Education and Training Research Association

sability, Resource and Training Agencies

42. sability, Resource and Training AgenciesAustralian Women's Health Network

sability, Resource and Training Agencies

43. sability, Resource and Training AgenciesAustralian Youth Affairs Coalition
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sability, Resource and Training Agencies

44. sability, Resource and Training AgenciesBanking Industry Ombudsman

sability, Resource and Training Agencies

45. sability, Resource and Training AgenciesBarnados Australia

sability, Resource and Training Agencies

46. sability, Resource and Training AgenciesBaulkham Hills/Holroyd/Parramatta Migrant Resource Centre

sability, Resource and Training Agencies

47. sability, Resource and Training AgenciesBlacktown Migrant Resource Centre

sability, Resource and Training Agencies

48. sability, Resource and Training AgenciesBlind Citizens Australia

sability, Resource and Training Agencies

49. sability, Resource and Training AgenciesBotany Multicultural Resource Centre

sability, Resource and Training Agencies

50. sability, Resource and Training AgenciesBoystown Foundation

sability, Resource and Training Agencies

51. sability, Resource and Training AgenciesBrisbane Migrant Service Agency (MSA)

sability, Resource and Training Agencies

52. sability, Resource and Training AgenciesBrotherhood of St Laurence

sability, Resource and Training Agencies

53.
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sability, Resource and Training AgenciesBurnside

sability, Resource and Training Agencies

54. sability, Resource and Training AgenciesCanterbury/Bankstown Migrant Resource Centre

sability, Resource and Training Agencies

55. sability, Resource and Training AgenciesCarers Australia

sability, Resource and Training Agencies

56. sability, Resource and Training AgenciesCatholic Welfare Australia

sability, Resource and Training Agencies

57. sability, Resource and Training AgenciesCentacare

sability, Resource and Training Agencies

58. sability, Resource and Training AgenciesCentre for Health Law, Ethics and Policy

sability, Resource and Training Agencies

59. sability, Resource and Training AgenciesCentre for Multicultural Youth Issues

sability, Resource and Training Agencies

60. sability, Resource and Training AgenciesCoalition Against Racism

sability, Resource and Training Agencies

61. sability, Resource and Training AgenciesCombined Pensioners and Superannuants Association (CPSA)

sability, Resource and Training Agencies

62. sability, Resource and Training AgenciesCorporate Super Association

sability, Resource and Training Agencies


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63. sability, Resource and Training AgenciesCouncil for a Multicultural Australia

sability, Resource and Training Agencies

64. sability, Resource and Training AgenciesCouncil for Equal Opportunity in Employment

sability, Resource and Training Agencies

65. sability, Resource and Training AgenciesCountry Women's Association of Australia

sability, Resource and Training Agencies

66. sability, Resource and Training AgenciesDeafness Forum of Australia

sability, Resource and Training Agencies

67. sability, Resource and Training AgenciesDoctors Reform Society (Australia)

sability, Resource and Training Agencies

68. sability, Resource and Training AgenciesEastern Area Service for Youth

sability, Resource and Training Agencies

69. sability, Resource and Training AgenciesEndeavour Forum

sability, Resource and Training Agencies

70. sability, Resource and Training AgenciesEthnic Child Care, Family and Community Services Co-operative

sability, Resource and Training Agencies

71. sability, Resource and Training AgenciesFairfield Migrant Resource Centre (Cabramatta Community Centre)

sability, Resource and Training Agencies

72. sability, Resource and Training AgenciesFamily Services Australia

sability, Resource and Training Agencies

73. sability, Resource and Training AgenciesFemales in Information Technology and Telecommunications

sability, Resource and Training Agencies

74. sability, Resource and Training AgenciesFinancial Industry Complaints Service

sability, Resource and Training Agencies

75. sability, Resource and Training AgenciesFinancial Planning Association (FPA)

sability, Resource and Training Agencies

76. sability, Resource and Training AgenciesFred Hollows Foundation

sability, Resource and Training Agencies

77. sability, Resource and Training AgenciesFusion Australia

sability, Resource and Training Agencies

78. sability, Resource and Training AgenciesGeelong Migrant Resource Centre

sability, Resource and Training Agencies

79. sability, Resource and Training AgenciesGippsland Migrant Resource Centre

sability, Resource and Training Agencies

80. sability, Resource and Training AgenciesHead Injury Council Of Australia (HICOA)

sability, Resource and Training Agencies

81. sability, Resource and Training AgenciesHealth Insurance Restricted Membership Association of Australia

sability, Resource and Training Agencies

82. sability, Resource and Training AgenciesHoppers Crossing Outreach Service
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sability, Resource and Training Agencies

83. sability, Resource and Training AgenciesIllawarra Migrant Resource Centre

sability, Resource and Training Agencies

84. sability, Resource and Training AgenciesIndependent Schools Group

sability, Resource and Training Agencies

85. sability, Resource and Training AgenciesIndigenous Disability Network

sability, Resource and Training Agencies

86. sability, Resource and Training AgenciesInner West (Ashfield) Migrant Resource Centre

sability, Resource and Training Agencies

87. sability, Resource and Training AgenciesInner Western Region (Footscray) Migrant Resource Centre

sability, Resource and Training Agencies

88. sability, Resource and Training AgenciesInstitute of Company Directors

sability, Resource and Training Agencies

89. sability, Resource and Training AgenciesInsurance Enquiries and Complaints

sability, Resource and Training Agencies

90. sability, Resource and Training AgenciesInternational Women's Development Agency (IWDA)

sability, Resource and Training Agencies

91. sability, Resource and Training AgenciesJobs Australia

sability, Resource and Training Agencies


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92. sability, Resource and Training AgenciesLiverpool Migrant Resource Centre

sability, Resource and Training Agencies

93. sability, Resource and Training AgenciesLogan and Beenleigh Migrant Resource Centre (Access Inc)

sability, Resource and Training Agencies

94. sability, Resource and Training AgenciesLumbu Indigenous Community Foundation

sability, Resource and Training Agencies

95. sability, Resource and Training AgenciesMacarthur Migrant Resource Centre

sability, Resource and Training Agencies

96. sability, Resource and Training AgenciesMental Health Foundation of Australia

sability, Resource and Training Agencies

97. sability, Resource and Training AgenciesMigrant Information Centre (East Melbourne) Ltd

sability, Resource and Training Agencies

98. sability, Resource and Training AgenciesMigrant Network Services (Northern Sydney Ltd)

sability, Resource and Training Agencies

99. sability, Resource and Training AgenciesMigrant Resource Centre North East (Preston/Reservoir)

sability, Resource and Training Agencies

100. sability, Resource and Training AgenciesMigrant Resource Centre of Canberra and Queanbeyan

sability, Resource and Training Agencies

101. sability, Resource and Training AgenciesMigrant Resource Centre of Central
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Australia

sability, Resource and Training Agencies

102. sability, Resource and Training AgenciesMigrant Resource Centre of Northern Tasmania

sability, Resource and Training Agencies

103. sability, Resource and Training AgenciesMigrant Resource Centre of South Australia

sability, Resource and Training Agencies

104. sability, Resource and Training AgenciesMigrant Resource Centre of Southern Tasmania

sability, Resource and Training Agencies

105. sability, Resource and Training AgenciesMigrant Settlement Services (Cairns)

sability, Resource and Training Agencies

106. sability, Resource and Training AgenciesMortgage Industry Association of Australia

sability, Resource and Training Agencies

107. sability, Resource and Training AgenciesNational Aboriginal Community Controlled Health Organisation

sability, Resource and Training Agencies

108. sability, Resource and Training AgenciesNational Aged Care Alliance

sability, Resource and Training Agencies

109. sability, Resource and Training AgenciesNational Association for the Prevention of Child Abuse and Neglect

sability, Resource and Training Agencies

110. sability, Resource and Training AgenciesNational Association of People Living with HIV/AIDS (NAPWA)
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sability, Resource and Training Agencies

111. sability, Resource and Training AgenciesNational Council of Single Mothers and Their Children (NCSMC)

sability, Resource and Training Agencies

112. sability, Resource and Training AgenciesNational Council On Intellectual Disability (NCID)

sability, Resource and Training Agencies

113. sability, Resource and Training AgenciesNational Foster Care Forum

sability, Resource and Training Agencies

114. sability, Resource and Training AgenciesNational Foundation of Australian Women (NFAW)

sability, Resource and Training Agencies

115. sability, Resource and Training AgenciesNational Indigenous Youth Movement of Australia (NIYMA)

sability, Resource and Training Agencies

116. sability, Resource and Training AgenciesNational Secretariat of Torres Strait Islander Organisations

sability, Resource and Training Agencies

117. sability, Resource and Training AgenciesNational Union of Students

sability, Resource and Training Agencies

118. sability, Resource and Training AgenciesNational Women's Justice Coalition (NWJC)

sability, Resource and Training Agencies

119. sability, Resource and Training AgenciesNational Women's Media Centre (NWMC)

sability,
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Resource and Training Agencies

120. sability, Resource and Training AgenciesNational Youth Coalition for Housing Inc

sability, Resource and Training Agencies

121. sability, Resource and Training AgenciesNew South Wales Law Society Children's Legal Issues Committee

sability, Resource and Training Agencies

122. sability, Resource and Training AgenciesNew South Wales Young Lawyers Human Rights Committee

sability, Resource and Training Agencies

123. sability, Resource and Training AgenciesNewcastle and the Hunter Region Migrant Resource Centre

sability, Resource and Training Agencies

124. sability, Resource and Training AgenciesNorth West Region (St Albans) Migrant Resource Centre

sability, Resource and Training Agencies

125. sability, Resource and Training AgenciesNorthern Territory Youth Affairs Network

sability, Resource and Training Agencies

126. sability, Resource and Training AgenciesNorthern Metropolitan Migrant Resource Centre

sability, Resource and Training Agencies

127. sability, Resource and Training AgenciesNorthern Suburbs Migrant Resource Centre (WA)

sability, Resource and Training Agencies

128. sability, Resource and Training AgenciesNursing Mothers' Association of Australia (NMAA)

sability, Resource and Training Agencies
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129. sability, Resource and Training AgenciesOakleigh Outreach Service

sability, Resource and Training Agencies

130. sability, Resource and Training AgenciesOffice for Seniors Interests

sability, Resource and Training Agencies

131. sability, Resource and Training AgenciesOffice of the Employment Advocate

sability, Resource and Training Agencies

132. sability, Resource and Training AgenciesOlder People Speak Out

sability, Resource and Training Agencies

133. sability, Resource and Training AgenciesPalliative Care Australia

sability, Resource and Training Agencies

134. sability, Resource and Training AgenciesPan Pacific and South East Asia Women's Association of Australia

sability, Resource and Training Agencies

135. sability, Resource and Training AgenciesPharmacy Guild of Australia

sability, Resource and Training Agencies

136. sability, Resource and Training AgenciesPhysical Disability Council of Australia Ltd

sability, Resource and Training Agencies

137. sability, Resource and Training AgenciesPrivate Health Insurance Complaints Commissioner

sability, Resource and Training Agencies

138. sability, Resource and Training AgenciesRefugee Resettlement Advisory Council


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sability, Resource and Training Agencies

139. sability, Resource and Training AgenciesRotary Australia

sability, Resource and Training Agencies

140. sability, Resource and Training AgenciesRoyal Australian and New Zealand College of Psychiatrists

sability, Resource and Training Agencies

141. sability, Resource and Training AgenciesRoyal Australian College of Physicians

sability, Resource and Training Agencies

142. sability, Resource and Training AgenciesRoyal Australian College of Surgeons

sability, Resource and Training Agencies

143. sability, Resource and Training AgenciesSecretariat of National Aboriginal and Islander Child Care (SNAICC)

sability, Resource and Training Agencies

144. sability, Resource and Training AgenciesSecurities Institute of Australia

sability, Resource and Training Agencies

145. sability, Resource and Training AgenciesSmall Independent Superannuation Funds Association (SISFA)

sability, Resource and Training Agencies

146. sability, Resource and Training AgenciesSole Parent's Union (SPU)

sability, Resource and Training Agencies

147. sability, Resource and Training AgenciesSouth Central Region (Prahran) Migrant Resource Centre

sability, Resource and Training Agencies


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148. sability, Resource and Training AgenciesSouth Eastern Region (Dandenong) Migrant Resource Centre

sability, Resource and Training Agencies

149. sability, Resource and Training AgenciesSouth Metropolitan Migrant Resource Centre (WA)

sability, Resource and Training Agencies

150. sability, Resource and Training AgenciesSpeech Pathology Association of Australia

sability, Resource and Training Agencies

151. sability, Resource and Training AgenciesSt George Migrant Resource Centre

sability, Resource and Training Agencies

152. sability, Resource and Training AgenciesSt Luke's Anglicare

sability, Resource and Training Agencies

153. sability, Resource and Training AgenciesSuperannuated Commonwealth Officers' Association (SCOA)

sability, Resource and Training Agencies

154. sability, Resource and Training AgenciesTelecommunications Industry Ombudsman

sability, Resource and Training Agencies

155. sability, Resource and Training AgenciesThe Centre For Positive Ageing

sability, Resource and Training Agencies

156. sability, Resource and Training AgenciesThe Gerontology Foundation of Australia Inc

sability, Resource and Training Agencies

157. sability, Resource and Training AgenciesTownsville Migrant Resource Centre


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sability, Resource and Training Agencies

158. sability, Resource and Training AgenciesUNIFEM Australia Inc

sability, Resource and Training Agencies

159. sability, Resource and Training AgenciesUnited Nations Association of Australia Status of Women Network

sability, Resource and Training Agencies

160. sability, Resource and Training AgenciesUnited Nations Youth Association Australia

sability, Resource and Training Agencies

161. sability, Resource and Training AgenciesUniting Church in Australia

sability, Resource and Training Agencies

162. sability, Resource and Training AgenciesVictorian Centre for Multicultural and Youth Issues

sability, Resource and Training Agencies

163. sability, Resource and Training AgenciesVictorian Health Promotion Foundation

sability, Resource and Training Agencies

164. sability, Resource and Training AgenciesVoice Interest and Education for Women (VIEW)

sability, Resource and Training Agencies

165. sability, Resource and Training AgenciesVolunteering Australia

sability, Resource and Training Agencies

166. sability, Resource and Training AgenciesWestgate Region (Altona) Migrant Resource Centre

sability, Resource and Training Agencies
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167. sability, Resource and Training AgenciesWomen Chiefs of Enterprises International

sability, Resource and Training Agencies

168. sability, Resource and Training AgenciesWomen in Super

sability, Resource and Training Agencies

169. sability, Resource and Training AgenciesWomen with Disabilities (Australia)

sability, Resource and Training Agencies

170. sability, Resource and Training AgenciesWomen's Action Alliance (Australia) Inc (WAA)

sability, Resource and Training Agencies

171. sability, Resource and Training AgenciesWomen's International League for Peace and Freedom (WILPF)

sability, Resource and Training Agencies

172. sability, Resource and Training AgenciesWomen's Legal Services Network

sability, Resource and Training Agencies

173. sability, Resource and Training AgenciesWomen's Rights Action Network Australia (WRANA)

sability, Resource and Training Agencies

174. sability, Resource and Training AgenciesYoung Media Australia

sability, Resource and Training Agencies

175. sability, Resource and Training AgenciesYouth Advocacy Centre Inc

sability, Resource and Training Agencies

176. sability, Resource and Training AgenciesYouth Affairs Council of South Australia (YACSA)
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sability, Resource and Training Agencies

177. sability, Resource and Training AgenciesYouth Affairs Council of Western Australia (YACWA)

sability, Resource and Training Agencies

178. sability, Resource and Training AgenciesYouth Affairs Network of Queensland

sability, Resource and Training Agencies

179. sability, Resource and Training AgenciesYouth Network of Tasmania (YNOT)

sability, Resource and Training Agencies

180. sability, Resource and Training AgenciesZonta International

ANNEXURE C

sability, Resource and Training Agencies

Members of the Core Consultative Group on age discrimination reforms

sability, Resource and Training Agencies

sability, Resource and Training Agencies

1.       sability, Resource and Training Agenciessability, Resource and Training AgenciesNational Seniors Association

2.       sability, Resource and Training AgenciesNational Seniors Associationsability, Resource and Training AgenciesNational Seniors AssociationAssociation of Independent Retirees

3.       sability, Resource and Training AgenciesNational Seniors AssociationAssociation of Independent Retireessability, Resource and Training AgenciesNational Seniors AssociationAssociation of Independent RetireesAustralian Pensioners' and Superannuants' Federation

4.       sability, Resource and Training AgenciesNational Seniors AssociationAssociation of Independent RetireesAustralian Pensioners' and Superannuants' Federationsability, Resource and Training AgenciesNational Seniors AssociationAssociation of Independent RetireesAustralian Pensioners' and Superannuants' FederationCouncil on the Ageing (Australia)

5.       sability, Resource and Training AgenciesNational Seniors AssociationAssociation of Independent RetireesAustralian Pensioners' and Superannuants' FederationCouncil on the Ageing (Australia)sability, Resource and Training AgenciesNational Seniors AssociationAssociation of Independent RetireesAustralian Pensioners' and Superannuants' FederationCouncil on the Ageing (Australia)Over 50s Association

6.       sability, Resource and Training AgenciesNational Seniors AssociationAssociation of Independent RetireesAustralian Pensioners' and Superannuants' FederationCouncil on the Ageing (Australia)Over 50s Associationsability, Resource and Training

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AgenciesNational Seniors AssociationAssociation of Independent RetireesAustralian Pensioners' and Superannuants' FederationCouncil on the Ageing (Australia)Over 50s AssociationPositive Ageing Foundation of Australia

7.       sability, Resource and Training AgenciesNational Seniors AssociationAssociation of Independent RetireesAustralian Pensioners' and Superannuants' FederationCouncil on the Ageing (Australia)Over 50s AssociationPositive Ageing Foundation of Australian Council of Social Services

8.       n Council of Social Servicesn Council of Social ServicesUNICEF Australia

9.       n Council of Social ServicesUNICEF Australian Council of Social ServicesUNICEF AustraliaFamilies Australia

10.       n Council of Social ServicesUNICEF AustraliaFamilies Australian Council of Social ServicesUNICEF AustraliaFamilies AustraliaNational Children's and Youth Law Centre

11.       n Council of Social ServicesUNICEF AustraliaFamilies AustraliaNational Children's and Youth Law Centren Council of Social ServicesUNICEF AustraliaFamilies AustraliaNational Children's and Youth Law CentreAustralian Forum of Youth Organisations

12.       n Council of Social ServicesUNICEF AustraliaFamilies AustraliaNational Children's and Youth Law CentreAustralian Forum of Youth Organisationsn Council of Social ServicesUNICEF AustraliaFamilies AustraliaNational Children's and Youth Law CentreAustralian Forum of Youth OrganisationsAustralian Youth Affairs Coalition

13.       n Council of Social ServicesUNICEF AustraliaFamilies AustraliaNational Children's and Youth Law CentreAustralian Forum of Youth OrganisationsAustralian Youth Affairs Coalitionn Council of Social ServicesUNICEF AustraliaFamilies AustraliaNational Children's and Youth Law CentreAustralian Forum of Youth OrganisationsAustralian Youth Affairs CoalitionFederation of Ethnic Communities' Councils of Australia

14.       n Council of Social ServicesUNICEF AustraliaFamilies AustraliaNational Children's and Youth Law CentreAustralian Forum of Youth OrganisationsAustralian Youth Affairs CoalitionFederation of Ethnic Communities' Councils of Australiait Islander Commission

15.       it Islander Commissionit Islander CommissionNational Disability Advisory Council

16.       it Islander CommissionNational Disability Advisory Councilit Islander CommissionNational Disability Advisory CouncilConsumers Health Forum

17.       it Islander CommissionNational Disability Advisory CouncilConsumers Health Forumit Islander CommissionNational Disability Advisory CouncilConsumers Health ForumHuman Rights and Equal Opportunity Commission

18.       it Islander CommissionNational Disability Advisory CouncilConsumers Health ForumHuman Rights and Equal Opportunity Commission it Islander CommissionNational Disability Advisory CouncilConsumers Health ForumHuman Rights and Equal Opportunity Commission Australian Council of Trade Unions

19.       it Islander CommissionNational Disability Advisory CouncilConsumers Health ForumHuman Rights and Equal Opportunity Commission Australian Council of Trade Unions it Islander CommissionNational Disability Advisory CouncilConsumers Health ForumHuman Rights and Equal Opportunity Commission Australian Council of Trade Unions Australian Chamber of Commerce and Industry

20.       it Islander CommissionNational Disability Advisory CouncilConsumers Health ForumHuman Rights and Equal Opportunity Commission Australian Council of Trade Unions Australian Chamber of Commerce and Industryit Islander CommissionNational Disability Advisory CouncilConsumers Health ForumHuman Rights and Equal Opportunity Commission Australian Council of Trade Unions

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Australian Chamber of Commerce and IndustryAustralian Industry Group

21.       it Islander CommissionNational Disability Advisory CouncilConsumers Health ForumHuman Rights and Equal Opportunity Commission Australian Council of Trade Unions Australian Chamber of Commerce and IndustryAustralian Industry Grouprganisations of Australia

22.       rganisations of Australiarganisations of AustraliaAustralian Bankers Association

23.       rganisations of AustraliaAustralian Bankers Associationrganisations of AustraliaAustralian Bankers AssociationAustralian Finance Conference

24.       rganisations of AustraliaAustralian Bankers AssociationAustralian Finance Conferencerganisations of AustraliaAustralian Bankers AssociationAustralian Finance ConferenceCredit Union Services Corporation (Australia) Limited

25.       rganisations of AustraliaAustralian Bankers AssociationAustralian Finance ConferenceCredit Union Services Corporation (Australia) Limitedrganisations of AustraliaAustralian Bankers AssociationAustralian Finance ConferenceCredit Union Services Corporation (Australia) LimitedInvestment and Financial Services Association Limited

26.       rganisations of AustraliaAustralian Bankers AssociationAustralian Finance ConferenceCredit Union Services Corporation (Australia) LimitedInvestment and Financial Services Association Limitedrganisations of AustraliaAustralian Bankers AssociationAustralian Finance ConferenceCredit Union Services Corporation (Australia) LimitedInvestment and Financial Services Association LimitedAssociation of Superannuation Funds of Australia

27.       rganisations of AustraliaAustralian Bankers AssociationAustralian Finance ConferenceCredit Union Services Corporation (Australia) LimitedInvestment and Financial Services Association LimitedAssociation of Superannuation Funds of Australiaof Australia

28.       of Australiaof AustraliaAustralian Health Insurance Association

29.       of AustraliaAustralian Health Insurance Associationof AustraliaAustralian Health Insurance AssociationRoyal Australian College of General Practitioners

30.       of AustraliaAustralian Health Insurance AssociationRoyal Australian College of General Practitionersof AustraliaAustralian Health Insurance AssociationRoyal Australian College of General PractitionersLaw Council of Australia

30. NOTES ON CLAUSES

of AustraliaAustralian Health Insurance AssociationRoyal Australian College of General PractitionersLaw Council of Australia

Abbreviations

of AustraliaAustralian Health Insurance AssociationRoyal Australian College of General PractitionersLaw Council of Australia

1. of AustraliaAustralian Health Insurance AssociationRoyal Australian College of General PractitionersLaw Council of AustraliaThe following abbreviations are used throughout these notes:of AustraliaAustralian Health Insurance AssociationRoyal Australian College of General PractitionersLaw Council of Australia

of AustraliaAustralian Health Insurance AssociationRoyal Australian College of General PractitionersLaw Council of AustraliaThe following abbreviations are used throughout these notes:DDAof AustraliaAustralian Health Insurance AssociationRoyal Australian College of General PractitionersLaw Council of AustraliaThe following abbreviations are used throughout these notes:DDADisability Discrimination Act 1992of AustraliaAustralian Health Insurance AssociationRoyal Australian College of General PractitionersLaw Council of AustraliaThe following abbreviations are used throughout these notes:DDADisability Discrimination Act 1992of AustraliaAustralian Health Insurance AssociationRoyal Australian College of General PractitionersLaw Council of AustraliaThe following abbreviations are used throughout these notes:DDADisability Discrimination Act 1992HREOC




nity Commission

nity Commission
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nity CommissionHREOC Act

nity CommissionHREOC ActHuman Rights and Equal Opportunity Commission Act 1986

nity CommissionHREOC ActHuman Rights and Equal Opportunity Commission Act 1986

nity CommissionHREOC ActHuman Rights and Equal Opportunity Commission Act 1986RDA

nity CommissionHREOC ActHuman Rights and Equal Opportunity Commission Act 1986RDARacial Discrimination Act 1975

nity CommissionHREOC ActHuman Rights and Equal Opportunity Commission Act 1986RDARacial Discrimination Act 1975

nity CommissionHREOC ActHuman Rights and Equal Opportunity Commission Act 1986RDARacial Discrimination Act 1975SDA

nity CommissionHREOC ActHuman Rights and Equal Opportunity Commission Act 1986RDARacial Discrimination Act 1975SDASex Discrimination Act 1984

nity CommissionHREOC ActHuman Rights and Equal Opportunity Commission Act 1986RDARacial Discrimination Act 1975SDASex Discrimination Act 1984nity CommissionHREOC ActHuman Rights and Equal Opportunity Commission Act 1986RDARacial Discrimination Act 1975SDASex Discrimination Act 1984

nity CommissionHREOC ActHuman Rights and Equal Opportunity Commission Act 1986RDARacial Discrimination Act 1975SDASex Discrimination Act 1984Part 1

nity CommissionHREOC ActHuman Rights and Equal Opportunity Commission Act 1986RDARacial Discrimination Act 1975SDASex Discrimination Act 1984Part 1 Preliminary

nity CommissionHREOC ActHuman Rights and Equal Opportunity Commission Act 1986RDARacial Discrimination Act 1975SDASex Discrimination Act 1984Part 1 Preliminary

1.       nity CommissionHREOC ActHuman Rights and Equal Opportunity Commission Act 1986RDARacial Discrimination Act 1975SDASex Discrimination Act 1984Part 1 Preliminaryvisions. The first two clauses deal with what the legislation will be called and when it is to take effect.

2.       visions. The first two clauses deal with what the legislation will be called and when it is to take effect.h defines, in detail, a number of terms used later in the Bill (clause 5).

3.       h defines, in detail, a number of terms used later in the Bill (clause 5).h defines, in detail, a number of terms used later in the Bill (clause 5).This Part also deals with the interaction between this legislation and the DDA (clause 6).

h defines, in detail, a number of terms used later in the Bill (clause 5).This Part also deals with the interaction between this legislation and the DDA (clause 6).

Clause 1 - Short title


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h defines, in detail, a number of terms used later in the Bill (clause 5).This Part also deals with the interaction between this legislation and the DDA (clause 6).

4.       h defines, in detail, a number of terms used later in the Bill (clause 5).This Part also deals with the interaction between this legislation and the DDA (clause 6).h defines, in detail, a number of terms used later in the Bill (clause 5).This Part also deals with the interaction between this legislation and the DDA (clause 6).Clause 1 is a formal provision specifying that the legislation will be called the mination Act 2003mination Act 2003.

mination Act 2003.

Clause 2 - Commencement

mination Act 2003.

5.       mination Act 2003.mination Act 2003.The Bill will commence on the day after it receives Royal Assent.

mination Act 2003.The Bill will commence on the day after it receives Royal Assent.

Clause 3 - Objects

mination Act 2003.The Bill will commence on the day after it receives Royal Assent.

6.       mination Act 2003.The Bill will commence on the day after it receives Royal Assent. egative stereotypes about older people and to remove barriers to workforce participation by older people.

egative stereotypes about older people and to remove barriers to workforce participation by older people.

Clause 4 - Simplified outline

egative stereotypes about older people and to remove barriers to workforce participation by older people.

7.       egative stereotypes about older people and to remove barriers to workforce participation by older people.direct or indirect discrimination, subject to various exemptions. The outline also notes that some acts related to age discrimination are criminal offences.

direct or indirect discrimination, subject to various exemptions. The outline also notes that some acts related to age discrimination are criminal offences.

Clause 5 - Definitions

direct or indirect discrimination, subject to various exemptions. The outline also notes that some acts related to age discrimination are criminal offences.

8.       ant ones are:direct or indirect discrimination, subject to various exemptions. The outline also notes that some acts related to age discrimination are criminal offences.

ant ones are:ant ones are:"Age"

ant ones are:"Age"ant ones are:"Age"Age is defined to include age group, so that an act of discrimination need not be linked to a specific age but can, as is often the case, be related to the age group of a person.9.       

ant ones are:"Age"Age is defined to include age group, so that an act of discrimination need not be linked to a specific age but can, as is often the case, be related to the age group of a person.ant ones are:"Age"Age is defined to include age group, so that an act of discrimination need not be linked to a specific age but can, as is often the case, be related to the age group of a person."Employment"

ant ones are:"Age"Age is defined to include age group, so that an act of discrimination need not be linked to a specific age but can, as is often the case, be related to the age group of a person."Employment" 10.       t is meant by the term employment, for example, employment in the private sector is covered although it is not expressly mentioned in the definition.

11.       t is meant by the term employment, for example, employment in the private sector is covered although it is not expressly mentioned in the definition.ary work, are included for the purposes of this Bill.

ary

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work, are included for the purposes of this Bill.ary work, are included for the purposes of this Bill."Premises"

12.       ary work, are included for the purposes of this Bill."Premises"ary work, are included for the purposes of this Bill."Premises"Premises are defined to include places and forms of transport. This definition is significant for Division 3 of Part 4 which makes age discrimination in access to premises unlawful.

ary work, are included for the purposes of this Bill."Premises"Premises are defined to include places and forms of transport. This definition is significant for Division 3 of Part 4 which makes age discrimination in access to premises unlawful.ary work, are included for the purposes of this Bill."Premises"Premises are defined to include places and forms of transport. This definition is significant for Division 3 of Part 4 which makes age discrimination in access to premises unlawful."Services"

13.       ary work, are included for the purposes of this Bill."Premises"Premises are defined to include places and forms of transport. This definition is significant for Division 3 of Part 4 which makes age discrimination in access to premises unlawful."Services"ion on the grounds of age in the provision of goods, services and facilities in clause 28 of the Bill.

ion on the grounds of age in the provision of goods, services and facilities in clause 28 of the Bill.

Clause 6 - Age discrimination not to include disability discrimination

ion on the grounds of age in the provision of goods, services and facilities in clause 28 of the Bill.

14.       ion on the grounds of age in the provision of goods, services and facilities in clause 28 of the Bill.roperly covered by the DDA. Complaints of age discrimination that would also be covered by the DDA should be dealt with under the legislative regime established by that Act.

15.       roperly covered by the DDA. Complaints of age discrimination that would also be covered by the DDA should be dealt with under the legislative regime established by that Act.nt tests would apply to the same set of facts. The purpose of clause 6 is to make it clear that, where a complaint of discrimination arises from a person's disability, as defined in the DDA, the complaint should be considered under that Act.

16.       nt tests would apply to the same set of facts. The purpose of clause 6 is to make it clear that, where a complaint of discrimination arises from a person's disability, as defined in the DDA, the complaint should be considered under that Act. lso on the ground of disability, then the person may still initiate a complaint about unlawful discrimination on the grounds of age and disability.

lso on the ground of disability, then the person may still initiate a complaint about unlawful discrimination on the grounds of age and disability.

Clause 7 - Meaning of act - failure or refusal to act

lso on the ground of disability, then the person may still initiate a complaint about unlawful discrimination on the grounds of age and disability.

17.       lso on the ground of disability, then the person may still initiate a complaint about unlawful discrimination on the grounds of age and disability.lso on the ground of disability, then the person may still initiate a complaint about unlawful discrimination on the grounds of age and disability.This clause defines an act to include a refusal or a failure to do an act.

lso on the ground of disability, then the person may still initiate a complaint about unlawful discrimination on the grounds of age and disability.This clause defines an act to include a refusal or a failure to do an act.

Clause 8 - Commonwealth taken to be employer


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lso on the ground of disability, then the person may still initiate a complaint about unlawful discrimination on the grounds of age and disability.This clause defines an act to include a refusal or a failure to do an act.

18.       lso on the ground of disability, then the person may still initiate a complaint about unlawful discrimination on the grounds of age and disability.This clause defines an act to include a refusal or a failure to do an act.lso on the ground of disability, then the person may still initiate a complaint about unlawful discrimination on the grounds of age and disability.This clause defines an act to include a refusal or a failure to do an act.This clause is self-explanatory.

lso on the ground of disability, then the person may still initiate a complaint about unlawful discrimination on the grounds of age and disability.This clause defines an act to include a refusal or a failure to do an act.This clause is self-explanatory.t 2

t 2t 2Application and constitutional provisions

19.       t 2Application and constitutional provisionst 2Application and constitutional provisionsThis Part is an important provision which sets out how certain provisions apply and is intended to make it clear that the legislation operates to the extent of Commonwealth constitutional power.

20.       t 2Application and constitutional provisionsThis Part is an important provision which sets out how certain provisions apply and is intended to make it clear that the legislation operates to the extent of Commonwealth constitutional power.d Territory levels (Clause 13).

d Territory levels (Clause 13).

Clause 9 - Geographical application of Bill

d Territory levels (Clause 13).

21.       d Territory levels (Clause 13).ply where acts of discrimination that occur in Australia involve people, things, or event events outside of Australia.

ply where acts of discrimination that occur in Australia involve people, things, or event events outside of Australia.

Clause 10 - Application of Act - constitutional powers

ply where acts of discrimination that occur in Australia involve people, things, or event events outside of Australia.

22.        Constitutional power and that the legislation does not purport to operate in areas where the Commonwealth does not have constitutional power. The subclauses give the legislation effect in the following areas:ply where acts of discrimination that occur in Australia involve people, things, or event events outside of Australia.

Constitutional power and that the legislation does not purport to operate in areas where the Commonwealth does not have constitutional power. The subclauses give the legislation effect in the following areas:•       y to Commonwealth employment (subclause 3)

•       y to Commonwealth employment (subclause 3)y to Commonwealth employment (subclause 3)the provision dealing with discrimination by qualifying bodies applies to qualifying bodies operating under Commonwealth laws (subclause 4)

•       y to Commonwealth employment (subclause 3)the provision dealing with discrimination by qualifying bodies applies to qualifying bodies operating under Commonwealth laws (subclause 4)y to Commonwealth employment (subclause 3)the provision dealing with discrimination by qualifying bodies applies to qualifying bodies operating under Commonwealth laws (subclause 4)the prohibitions on discrimination and the associated exemptions apply

y to Commonwealth employment (subclause 3)the provision dealing with discrimination by qualifying bodies applies to qualifying bodies operating under Commonwealth laws (subclause 4)the prohibitions on discrimination and the associated exemptions apply-       to acts done within a Territory (noting, that for the purposes of this legislation, the Territories do not include the Australian Capital Territory or Northern Territory) (subclause 5)

y to Commonwealth employment (subclause 3)the provision dealing with discrimination by qualifying bodies applies to qualifying bodies operating

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under Commonwealth laws (subclause 4)the prohibitions on discrimination and the associated exemptions apply--       to acts done under Commonwealth or Territory laws by Commonwealth or Territory governments, administrators or public bodies (subclause 6)

y to Commonwealth employment (subclause 3)the provision dealing with discrimination by qualifying bodies applies to qualifying bodies operating under Commonwealth laws (subclause 4)the prohibitions on discrimination and the associated exemptions apply---       in relation to certain international obligations and other matters covered by the constitutional power to legislate about `external affairs' (see below for more detail) (subclause 7)

y to Commonwealth employment (subclause 3)the provision dealing with discrimination by qualifying bodies applies to qualifying bodies operating under Commonwealth laws (subclause 4)the prohibitions on discrimination and the associated exemptions apply----       to discrimination by corporations (subclause 8 and 9)

       to discrimination in banking (subclause 10)

-       to discrimination in international or inter-state trade and commerce (subclause 11)

-

1.       -the International Covenant on Economic, Social and Cultural Rights; and the Convention on the Rights of the Child.

2.       the International Covenant on Economic, Social and Cultural Rights; and the Convention on the Rights of the Child. o that determination by enacting regulations under the HREOC Act giving HREOC authority to investigate complaints in relation to discrimination on the basis of age in employment.

3.       o that determination by enacting regulations under the HREOC Act giving HREOC authority to investigate complaints in relation to discrimination on the basis of age in employment. intended to enable the legislation to operate to the extent of those powers as they may be from time to time.

intended to enable the legislation to operate to the extent of those powers as they may be from time to time.

Clause 11 - Compensation--constitutional safety net

intended to enable the legislation to operate to the extent of those powers as they may be from time to time.

4.       intended to enable the legislation to operate to the extent of those powers as they may be from time to time. of the Constitution. It ensures that property is acquired on just terms.

5.        of the Constitution. It ensures that property is acquired on just terms. of the Constitution. It ensures that property is acquired on just terms. The provision confers jurisdiction on the Federal Court to determine the compensation that might be necessary so as to ensure that the acquisition does take place on just terms.

of the Constitution. It ensures that property is acquired on just terms. The provision confers jurisdiction on the Federal Court to determine the compensation that might be necessary so as to ensure that the acquisition does take place on just terms.

Clause 12 - Operation of State and Territory laws

of the Constitution. It ensures that property is acquired on just terms. The provision confers jurisdiction on the Federal Court to determine the compensation that might be necessary so as to ensure that the acquisition does take place on just terms.

6.        of the Constitution. It ensures that property is acquired on just terms. The provision confers jurisdiction on the Federal Court to determine the compensation that might be necessary so as to ensure that the acquisition does take place on just terms.provision is designed to ensure that State and
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Territory legislation about age discrimination can continue to operate concurrently with this legislation after it becomes law.

7.       provision is designed to ensure that State and Territory legislation about age discrimination can continue to operate concurrently with this legislation after it becomes law.tate or Territory anti-discrimination law about a particular matter they will not be able to make a complaint under this Act about the same matter. A person will have to make a choice between State or Territory law and Commonwealth law.

8.       tate or Territory anti-discrimination law about a particular matter they will not be able to make a complaint under this Act about the same matter. A person will have to make a choice between State or Territory law and Commonwealth law.rovide that a person can be prosecuted and convicted for a particular matter under either a State or Territory anti-discrimination law or this Act, but a person cannot be penalised twice.

rovide that a person can be prosecuted and convicted for a particular matter under either a State or Territory anti-discrimination law or this Act, but a person cannot be penalised twice.

Clause 13 - Extent to which Act binds the Crown

rovide that a person can be prosecuted and convicted for a particular matter under either a State or Territory anti-discrimination law or this Act, but a person cannot be penalised twice.

9.       rovide that a person can be prosecuted and convicted for a particular matter under either a State or Territory anti-discrimination law or this Act, but a person cannot be penalised twice. ive governments of the Commonwealth, of each of the States (which in this Act includes the Australian Capital Territory and Northern Territory) and of Norfolk Island and the Administrators of the Territories.

10.       ive governments of the Commonwealth, of each of the States (which in this Act includes the Australian Capital Territory and Northern Territory) and of Norfolk Island and the Administrators of the Territories.es will be able to make complaints under this legislation concerning discrimination by Commonwealth or State employers including government departments.

es will be able to make complaints under this legislation concerning discrimination by Commonwealth or State employers including government departments.es will be able to make complaints under this legislation concerning discrimination by Commonwealth or State employers including government departments.Part 3

es will be able to make complaints under this legislation concerning discrimination by Commonwealth or State employers including government departments.Part 3es will be able to make complaints under this legislation concerning discrimination by Commonwealth or State employers including government departments.Part 3Concept of age discrimination

11.       es will be able to make complaints under this legislation concerning discrimination by Commonwealth or State employers including government departments.Part 3Concept of age discriminationnation (clauses 14 and 15).

nation (clauses 14 and 15).

Clause 14 - Discrimination on the ground of age--direct discrimination

nation (clauses 14 and 15).

12.       nation (clauses 14 and 15).ame or not materially different than a person of another age.

13.       ame or not materially different than a person of another age.Such discrimination covers acts done because of:ame or not materially different than a person of another age.

ame or not materially different than a person of another age.Such discrimination covers acts done because of:ame or not materially different than a person of another age.Such discrimination covers acts done because of:a person's age; or•       

ame or not materially different than a person of another age.Such discrimination covers acts done because of:a person's age; orame or not materially different than a person of another age.Such discrimination covers acts done because of:a person's age; ora characteristic that generally appertains to a person of that age; or•       


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ame or not materially different than a person of another age.Such discrimination covers acts done because of:a person's age; ora characteristic that generally appertains to a person of that age; or•       hat age.

14.       hat age.und of age.

15.       und of age.und of age.An example of a characteristic that generally appertains to an older person could be that older people have grey hair. Thus discrimination against people with grey hair could be discrimination on the ground of age.

16.       und of age.An example of a characteristic that generally appertains to an older person could be that older people have grey hair. Thus discrimination against people with grey hair could be discrimination on the ground of age.tion would be if an employer refused to employ someone simply because of their age.

tion would be if an employer refused to employ someone simply because of their age.

Clause 15 - Discrimination on the ground of age--indirect discrimination

tion would be if an employer refused to employ someone simply because of their age.

17.       tion would be if an employer refused to employ someone simply because of their age..

18.       .re older people) then it could be indirect discrimination.

19.       re older people) then it could be indirect discrimination.re a tour leader was required to lead long hiking tours and other physically demanding tasks.

20.       re a tour leader was required to lead long hiking tours and other physically demanding tasks.le. An employee or prospective employee, on the other hand, is less likely to have access to all the information about the overall needs of and demands on the business in question.

21.       le. An employee or prospective employee, on the other hand, is less likely to have access to all the information about the overall needs of and demands on the business in question.will not be discrimination to require all workers, of whatever age, to meet those requirements.

will not be discrimination to require all workers, of whatever age, to meet those requirements.

Clause 16 - Act done because of age and for other reason

will not be discrimination to require all workers, of whatever age, to meet those requirements.

22.       will not be discrimination to require all workers, of whatever age, to meet those requirements.will not be discrimination to require all workers, of whatever age, to meet those requirements.This clause provides that age must be the dominant reason for an act before the act could substantiate a complaint of age discrimination.

23.       will not be discrimination to require all workers, of whatever age, to meet those requirements.This clause provides that age must be the dominant reason for an act before the act could substantiate a complaint of age discrimination. tests in the other Commonwealth anti-discrimination legislation, which provide that the act is taken to have been done for the relevant reason if that reason is one of a number of reasons.

24.       tests in the other Commonwealth anti-discrimination legislation, which provide that the act is taken to have been done for the relevant reason if that reason is one of a number of reasons. unnecessary costs and inflexibility on employers acting in good faith.

unnecessary costs and inflexibility on employers acting in good faith.unnecessary
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costs and inflexibility on employers acting in good faith.Part 4

unnecessary costs and inflexibility on employers acting in good faith.Part 4unnecessary costs and inflexibility on employers acting in good faith.Part 4Unlawful age discrimination

25.       unnecessary costs and inflexibility on employers acting in good faith.Part 4Unlawful age discriminationunnecessary costs and inflexibility on employers acting in good faith.Part 4Unlawful age discriminationThis Part of the Bill, amongst other things, sets out those areas of discrimination which are to be covered by this legislation.

26.       unnecessary costs and inflexibility on employers acting in good faith.Part 4Unlawful age discriminationThis Part of the Bill, amongst other things, sets out those areas of discrimination which are to be covered by this legislation.conciliation is unsuccessful or inappropriate, by action in a court.

27.       conciliation is unsuccessful or inappropriate, by action in a court. these are the major areas of concern. These are also the areas generally covered in existing anti-discrimination laws in Australia.

28.        these are the major areas of concern. These are also the areas generally covered in existing anti-discrimination laws in Australia.ithstanding this Act.

29.       ithstanding this Act.h as targeting migration places in the national interest), or where different stages of life are properly treated differently (such as matters relating to retirement income).

30.       h as targeting migration places in the national interest), or where different stages of life are properly treated differently (such as matters relating to retirement income).y, these positive measures should be allowed to continue.

31.       y, these positive measures should be allowed to continue. is will mean any act that is unlawful under this Part could give rise to a complaint of `unlawful discrimination' under the HREOC Act.

is will mean any act that is unlawful under this Part could give rise to a complaint of `unlawful discrimination' under the HREOC Act.is will mean any act that is unlawful under this Part could give rise to a complaint of `unlawful discrimination' under the HREOC Act.Division 1 - Simplified outline

is will mean any act that is unlawful under this Part could give rise to a complaint of `unlawful discrimination' under the HREOC Act.Division 1 - Simplified outline

Clause 17 - Simplified outline

is will mean any act that is unlawful under this Part could give rise to a complaint of `unlawful discrimination' under the HREOC Act.Division 1 - Simplified outline

32.       is will mean any act that is unlawful under this Part could give rise to a complaint of `unlawful discrimination' under the HREOC Act.Division 1 - Simplified outlineout the areas in which age discrimination is unlawful, unless one of the exemptions in this Part applies.

out the areas in which age discrimination is unlawful, unless one of the exemptions in this Part applies.out the areas in which age discrimination is unlawful, unless one of the exemptions in this Part applies.Division 2 - Discrimination in work

out the areas in which age discrimination is unlawful, unless one of the exemptions in this Part applies.Division 2 - Discrimination in work

Clause 18 - Discrimination in employment


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out the areas in which age discrimination is unlawful, unless one of the exemptions in this Part applies.Division 2 - Discrimination in work

33.       out the areas in which age discrimination is unlawful, unless one of the exemptions in this Part applies.Division 2 - Discrimination in workloyer)loyer) and conditions of employment with the employer, access to promotion and training, dismissal of the employee, or the subjecting of an employee to any other detriment.

34.       and conditions of employment with the employer, access to promotion and training, dismissal of the employee, or the subjecting of an employee to any other detriment.egree of individual choice is recognised.

35.       egree of individual choice is recognised. related to the inherent requirements of the job applies to recruitment arrangements, offers of employment and dismissal from employment.

related to the inherent requirements of the job applies to recruitment arrangements, offers of employment and dismissal from employment.

Clause 19 - Discrimination against commission agents

related to the inherent requirements of the job applies to recruitment arrangements, offers of employment and dismissal from employment.

36.        related to the inherent requirements of the job applies to recruitment arrangements, offers of employment and dismissal from employment.is to that established for employment generally under clause 18.

37.       is to that established for employment generally under clause 18.hed in clause 18.

hed in clause 18.

Clause 20 - Discrimination against contract workers

hed in clause 18.

38.       hed in clause 18.by a labour hire agency, to discriminate against that person.

39.       by a labour hire agency, to discriminate against that person.by a labour hire agency, to discriminate against that person.Subclauses 2 and 3 of this clause also provide similar exemptions relating to the inherent requirements of the contract work.

by a labour hire agency, to discriminate against that person.Subclauses 2 and 3 of this clause also provide similar exemptions relating to the inherent requirements of the contract work.

Clause 21 - Partnerships

by a labour hire agency, to discriminate against that person.Subclauses 2 and 3 of this clause also provide similar exemptions relating to the inherent requirements of the contract work.

40.       by a labour hire agency, to discriminate against that person.Subclauses 2 and 3 of this clause also provide similar exemptions relating to the inherent requirements of the contract work.y out the inherent requirements of the work of a partner in the partnership.

y out the inherent requirements of the work of a partner in the partnership.

Clause 22 - Qualifying bodies

y out the inherent requirements of the work of a partner in the partnership.

41.       y out the inherent requirements of the work of a partner in the partnership.nst a
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person on the basis of that person's age, in conferring or withdrawing such an authorisation or qualification, or in the terms or conditions of granting the authorisation or qualification.

42.       nst a person on the basis of that person's age, in conferring or withdrawing such an authorisation or qualification, or in the terms or conditions of granting the authorisation or qualification.ovides that the particular authorising body can discriminate against a person on the basis of that person's age if that person is unable to carry out the inherent requirements of the particular profession, trade or occupation.

ovides that the particular authorising body can discriminate against a person on the basis of that person's age if that person is unable to carry out the inherent requirements of the particular profession, trade or occupation.ovides that the particular authorising body can discriminate against a person on the basis of that person's age if that person is unable to carry out the inherent requirements of the particular profession, trade or occupation.ovides that the particular authorising body can discriminate against a person on the basis of that person's age if that person is unable to carry out the inherent requirements of the particular profession, trade or occupation.

Clause 23 - Registered organisations under Schedule 1B to the Workplace Relations Act 1996

ovides that the particular authorising body can discriminate against a person on the basis of that person's age if that person is unable to carry out the inherent requirements of the particular profession, trade or occupation.

43.       ovides that the particular authorising body can discriminate against a person on the basis of that person's age if that person is unable to carry out the inherent requirements of the particular profession, trade or occupation.s unlawful for an organisation registered under Schedule 1B to the s unlawful for an organisation registered under Schedule 1B to the Workplace Relations Act 1996provided by the organisation.

provided by the organisation.

Clause 24 - Employment agencies

provided by the organisation.

44.       provided by the organisation. circumstances.

45.       circumstances.circumstances.Subclauses 2 and 3 provide an exemption for an employment agency where the person concerned is unable to carry out the inherent requirements of the job that that person might be seeking.

Clause 25 - Exemption for youth wages

circumstances.Subclauses 2 and 3 provide an exemption for an employment agency where the person concerned is unable to carry out the inherent requirements of the job that that person might be seeking.

1.       circumstances.Subclauses 2 and 3 provide an exemption for an employment agency where the person concerned is unable to carry out the inherent requirements of the job that that person might be seeking.outh wages will be payable. The exemption for youth wages parallels, and is consistent with, exemptions in the outh wages will be payable. The exemption for youth wages parallels, and is consistent with, exemptions in the Workplace Relations Act 1996s concerning remuneration of persons under 21 do not constitute unlawful discrimination under this Bill.

2.       s concerning remuneration of persons under 21 do not constitute unlawful discrimination under this Bill.he workforce by allowing employers and the like to continue to recruit and employ young people and remunerate them on the basis of an appropriate youth wage.

he workforce by allowing employers and the like to continue to recruit and employ young people and remunerate them on the basis of an appropriate youth wage.he workforce by allowing employers and the like to continue to recruit and employ young people and remunerate them on the basis of an appropriate youth wage.Division 3 - Discrimination in other areas


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he workforce by allowing employers and the like to continue to recruit and employ young people and remunerate them on the basis of an appropriate youth wage.Division 3 - Discrimination in other areas

Clause 26 - Education

he workforce by allowing employers and the like to continue to recruit and employ young people and remunerate them on the basis of an appropriate youth wage.Division 3 - Discrimination in other areas

3.       he workforce by allowing employers and the like to continue to recruit and employ young people and remunerate them on the basis of an appropriate youth wage.Division 3 - Discrimination in other areasy the educational institution, to expel the student or to subject the student to any other detriment on the basis of their age.

4.       y the educational institution, to expel the student or to subject the student to any other detriment on the basis of their age.educational institution is established for persons above a particular age and the person is not above that age. For example, if a school only provided education for children over 5 it would not be unlawful to refuse admission to a 3 year old child.

educational institution is established for persons above a particular age and the person is not above that age. For example, if a school only provided education for children over 5 it would not be unlawful to refuse admission to a 3 year old child.

Clause 27 - Access to premises

educational institution is established for persons above a particular age and the person is not above that age. For example, if a school only provided education for children over 5 it would not be unlawful to refuse admission to a 3 year old child.

5.       educational institution is established for persons above a particular age and the person is not above that age. For example, if a school only provided education for children over 5 it would not be unlawful to refuse admission to a 3 year old child.use.

6.       use. terms and conditions on which those facilities are made available to people of a particular age.

terms and conditions on which those facilities are made available to people of a particular age.

Clause 28 - Goods, services and facilities

terms and conditions on which those facilities are made available to people of a particular age.

7.        terms and conditions on which those facilities are made available to people of a particular age.fusing to provide the goods, services or facilities or by the way in which, or the terms and conditions on which, those goods, services or facilities are offered.

8.       fusing to provide the goods, services or facilities or by the way in which, or the terms and conditions on which, those goods, services or facilities are offered.ation, grants, loans, credit or finance, entertainment, recreation or refreshment, transport, travel, telecommunications, services provided by a profession or trade, or services provided by a government, government authority or local government body.

ation, grants, loans, credit or finance, entertainment, recreation or refreshment, transport, travel, telecommunications, services provided by a profession or trade, or services provided by a government, government authority or local government body.

Clause 29 - Accommodation


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ation, grants, loans, credit or finance, entertainment, recreation or refreshment, transport, travel, telecommunications, services provided by a profession or trade, or services provided by a government, government authority or local government body.

9.       ation, grants, loans, credit or finance, entertainment, recreation or refreshment, transport, travel, telecommunications, services provided by a profession or trade, or services provided by a government, government authority or local government body.s.

10.       s.s.Subclause 2 also makes it unlawful to deny or limit access to benefits associated with accommodation or to evict the person or subject the person to any other detriment.

11.       s.Subclause 2 also makes it unlawful to deny or limit access to benefits associated with accommodation or to evict the person or subject the person to any other detriment.fe where a greater degree of individual choice is recognised.

fe where a greater degree of individual choice is recognised.

Clause 30 - Land

fe where a greater degree of individual choice is recognised.

12.       fe where a greater degree of individual choice is recognised.plying discriminatory terms and conditions on which an interest in land is offered.

13.       plying discriminatory terms and conditions on which an interest in land is offered.g of land under a will or as a gift.

g of land under a will or as a gift.

Clause 31 - Administration of Commonwealth laws and programs

g of land under a will or as a gift.

14.       g of land under a will or as a gift.ose programs or laws, to discriminate against a person on the basis of that person's age in the exercise of those powers or responsibilities. This covers theose programs or laws, to discriminate against a person on the basis of that person's age in the exercise of those powers or responsibilities. This covers the ose programs or laws, to discriminate against a person on the basis of that person's age in the exercise of those powers or responsibilities. This covers the activities of Commonwealth Government administrationose programs or laws, to discriminate against a person on the basis of that person's age in the exercise of those powers or responsibilities. This covers the activities of Commonwealth Government administration nt departments and decisions made by Commonwealth officers under Commonwealth laws (Refer to specific exemptions discussed below).

nt departments and decisions made by Commonwealth officers under Commonwealth laws (Refer to specific exemptions discussed below).

Clause 32 - Requests for information

nt departments and decisions made by Commonwealth officers under Commonwealth laws (Refer to specific exemptions discussed below).

15.       nt departments and decisions made by Commonwealth officers under Commonwealth laws (Refer to specific exemptions discussed below). e, in situations that are covered by the prohibitions on discrimination.

16.       e, in situations that are covered by the prohibitions on discrimination.s been drafted in a more plain english style, making it easier to understand. The amended version of this provision is not intended to expand or diminish the operation of the provision in this Act compared to the provisions currently in the DDA and SDA.

17.       is new version of the provision clearly shows the three elements of the prohibition:s

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been drafted in a more plain english style, making it easier to understand. The amended version of this provision is not intended to expand or diminish the operation of the provision in this Act compared to the provisions currently in the DDA and SDA.

is new version of the provision clearly shows the three elements of the prohibition:is new version of the provision clearly shows the three elements of the prohibition:the information must be requested or required in connection with an act;•       

is new version of the provision clearly shows the three elements of the prohibition:the information must be requested or required in connection with an act;•       ation, on the grounds of the person's age; and

•       ation, on the grounds of the person's age; andation, on the grounds of the person's age; andpeople of a different age would not be asked for that information.

ation, on the grounds of the person's age; andpeople of a different age would not be asked for that information.

1.       ation, on the grounds of the person's age; andpeople of a different age would not be asked for that information.ployment, but extends to any situation where a person requests information connected with some future act they will perform.

2.       ployment, but extends to any situation where a person requests information connected with some future act they will perform.The following examples set out some common situations and how the provision would operate:ployment, but extends to any situation where a person requests information connected with some future act they will perform.

ployment, but extends to any situation where a person requests information connected with some future act they will perform.The following examples set out some common situations and how the provision would operate: their age and, for applicants over a particular age, asks for information about their health and fitness.

their age and, for applicants over a particular age, asks for information about their health and fitness.In this example, the person requesting the information has breached this provision because: their age and, for applicants over a particular age, asks for information about their health and fitness.

their age and, for applicants over a particular age, asks for information about their health and fitness.In this example, the person requesting the information has breached this provision because:nst the applicant on the basis of age when determining who should be offered employment; and

nst the applicant on the basis of age when determining who should be offered employment; andnst the applicant on the basis of age when determining who should be offered employment; and(b) the question was not asked of applicants of another age.

nst the applicant on the basis of age when determining who should be offered employment; and(b) the question was not asked of applicants of another age.d fitness, such a question would not breach this provision because it was asked of all applicants, not only those of a particular age.

d fitness, such a question would not breach this provision because it was asked of all applicants, not only those of a particular age.d fitness, such a question would not breach this provision because it was asked of all applicants, not only those of a particular age.Division 4 - General exemptions

d fitness, such a question would not breach this provision because it was asked of all applicants, not only those of a particular age.Division 4 - General exemptions

Clause 33 - Positive discrimination

d fitness, such a question would not breach this provision because it was asked of all applicants, not only those of a particular age.Division 4 - General exemptions

3.       d fitness, such a question would not breach this provision because it was asked of all applicants, not only those of a particular age.Division 4 - General exemptionsfer are not fixed and therefore any particular case or set of circumstances must be considered on their merits.

4.       ircumstances overlap):fer are not fixed and therefore any particular case or set of circumstances must be considered on their merits.

ircumstances overlap):(a)       ave broad social acceptance;

(b)       ave broad social acceptance;son or body with the intention of meeting an age-related need, but is operated by another person or body who simply carries out the policies determined by those who established the beneficial program.

(c)       son or body with the intention of meeting an age-related need, but is operated by

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another person or body who simply carries out the policies determined by those who established the beneficial program.k would be permitted. As with the needs-based exemption, the requisite intention to reduce disadvantage need not be held by the person actually providing the beneficial treatment.

Clause 34 - Charities

k would be permitted. As with the needs-based exemption, the requisite intention to reduce disadvantage need not be held by the person actually providing the beneficial treatment.

1.       k would be permitted. As with the needs-based exemption, the requisite intention to reduce disadvantage need not be held by the person actually providing the beneficial treatment.e general law governing charities.

e general law governing charities.

Clause 35 - Religious bodies

e general law governing charities.

2.       e general law governing charities.s of the religion.

s of the religion.

Clause 36 - Voluntary bodies

s of the religion.

3.       s of the religion. employees or employers under the Workplace Relations Act 1996, government bodies and financial institutions.

employees or employers under the Workplace Relations Act 1996, government bodies and financial institutions.

Clause 37 - Superannuation, insurance and credit - actuarial data etc.

employees or employers under the Workplace Relations Act 1996, government bodies and financial institutions.

4.       employees or employers under the Workplace Relations Act 1996, government bodies and financial institutions.f a superannuation fund or scheme may be offered or refused and in respect of the provision of credit.

5.       f a superannuation fund or scheme may be offered or refused and in respect of the provision of credit. erms and conditions on which motor vehicle insurance for people under the age of 25 is offered, where there is actuarial or statistical data that demonstrates a higher accident rate for people in that age bracket

6.       erms and conditions on which motor vehicle insurance for people under the age of 25 is offered, where there is actuarial or statistical data that demonstrates a higher accident rate for people in that age bracketdiscrimination is based upon actuarial or statistical data on which, in all the circumstances, it is reasonable to rely and where the different treatment is reasonable in light of that data and other relevant factors. In accordance with the 88 88 and the Information Privacy Principles and National Privacy Principles made under it, the data relied upon should be generic, aggregated and non-identifying statistical data.

7.       88 and the Information Privacy Principles and National Privacy Principles made under it, the data relied upon should be generic, aggregated and non-identifying statistical data. factors.

8.        factors. provided, are based upon actuarial or statistical data on which it is reasonable to rely, and the refusal or the terms or conditions are reasonable having regard to that data.

9.        provided, are based upon actuarial or statistical data on which it is reasonable to rely, and the refusal or the terms or conditions are reasonable

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having regard to that data. ays of receiving notice in writing of that request is an offence under this Act (see clause 52).

ays of receiving notice in writing of that request is an offence under this Act (see clause 52).

Clause 38 - Superannuation legislation

ays of receiving notice in writing of that request is an offence under this Act (see clause 52).

10.       ays of receiving notice in writing of that request is an offence under this Act (see clause 52).sing certain age limits or age criteria, those acts will not be unlawful discrimination.

11.       sing certain age limits or age criteria, those acts will not be unlawful discrimination.Some examples of superannuation legislation included in this provision are:sing certain age limits or age criteria, those acts will not be unlawful discrimination.

sing certain age limits or age criteria, those acts will not be unlawful discrimination.Some examples of superannuation legislation included in this provision are:sing certain age limits or age criteria, those acts will not be unlawful discrimination.Some examples of superannuation legislation included in this provision are:the sing certain age limits or age criteria, those acts will not be unlawful discrimination.Some examples of superannuation legislation included in this provision are:the Papua New Guinea (Staffing Assistance) (Superannuation) Act 1973•       s to retirement benefits and superannuation;

•       s to retirement benefits and superannuation;s to retirement benefits and superannuation;the s to retirement benefits and superannuation;the Papua New Guinea (Staffing Assistance) Termination Act 1976;s to retirement benefits and superannuation;the Papua New Guinea (Staffing Assistance) Termination Act 1976;

•       s to retirement benefits and superannuation;the Papua New Guinea (Staffing Assistance) Termination Act 1976; s to retirement benefits and superannuation;the Papua New Guinea (Staffing Assistance) Termination Act 1976; the s to retirement benefits and superannuation;the Papua New Guinea (Staffing Assistance) Termination Act 1976; the Retirement Savings Accounts Act 1997s to retirement benefits and superannuation;the Papua New Guinea (Staffing Assistance) Termination Act 1976; the Retirement Savings Accounts Act 1997;

•       s to retirement benefits and superannuation;the Papua New Guinea (Staffing Assistance) Termination Act 1976; the Retirement Savings Accounts Act 1997;s to retirement benefits and superannuation;the Papua New Guinea (Staffing Assistance) Termination Act 1976; the Retirement Savings Accounts Act 1997;the s to retirement benefits and superannuation;the Papua New Guinea (Staffing Assistance) Termination Act 1976; the Retirement Savings Accounts Act 1997;the Superannuation Act 1922s to retirement benefits and superannuation;the Papua New Guinea (Staffing Assistance) Termination Act 1976; the Retirement Savings Accounts Act 1997;the Superannuation Act 1922;

•       s to retirement benefits and superannuation;the Papua New Guinea (Staffing Assistance) Termination Act 1976; the Retirement Savings Accounts Act 1997;the Superannuation Act 1922;s to retirement benefits and superannuation;the Papua New Guinea (Staffing Assistance) Termination Act 1976; the Retirement Savings Accounts Act 1997;the Superannuation Act 1922;the s to retirement benefits and superannuation;the Papua New Guinea (Staffing Assistance) Termination Act 1976; the Retirement Savings Accounts Act 1997;the Superannuation Act 1922;the Superannuation Act 1976s to retirement benefits and superannuation;the Papua New Guinea (Staffing Assistance) Termination Act 1976; the Retirement Savings Accounts Act 1997;the Superannuation Act 1922;the Superannuation Act 1976;

•       s to retirement benefits and superannuation;the Papua New Guinea (Staffing Assistance) Termination Act 1976; the Retirement Savings Accounts Act 1997;the Superannuation Act 1922;the Superannuation Act 1976;s to retirement benefits and superannuation;the Papua New Guinea (Staffing Assistance) Termination Act 1976; the Retirement Savings Accounts Act 1997;the Superannuation Act 1922;the Superannuation Act 1976;the s to retirement benefits and superannuation;the Papua New Guinea (Staffing Assistance) Termination Act 1976; the Retirement Savings Accounts Act 1997;the Superannuation Act 1922;the Superannuation Act 1976;the Superannuation Act 1990 s to retirement benefits and superannuation;the Papua New Guinea (Staffing Assistance) Termination Act 1976; the Retirement Savings Accounts Act 1997;the Superannuation Act 1922;the Superannuation Act 1976;the Superannuation Act 1990 andd

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Rules
d Rules;

•       d Rules;d Rules;the d Rules;the Superannuation Guarantee (Administration) Act 1992d Rules;the Superannuation Guarantee (Administration) Act 1992;

•       d Rules;the Superannuation Guarantee (Administration) Act 1992;d Rules;the Superannuation Guarantee (Administration) Act 1992;the d Rules;the Superannuation Guarantee (Administration) Act 1992;the Superannuation Guarantee Charge Act 1992d Rules;the Superannuation Guarantee (Administration) Act 1992;the Superannuation Guarantee Charge Act 1992;

•       d Rules;the Superannuation Guarantee (Administration) Act 1992;the Superannuation Guarantee Charge Act 1992;d Rules;the Superannuation Guarantee (Administration) Act 1992;the Superannuation Guarantee Charge Act 1992;the d Rules;the Superannuation Guarantee (Administration) Act 1992;the Superannuation Guarantee Charge Act 1992;the Superannuation Industry (Supervision) Act 1993d Rules;the Superannuation Guarantee (Administration) Act 1992;the Superannuation Guarantee Charge Act 1992;the Superannuation Industry (Supervision) Act 1993;

•       d Rules;the Superannuation Guarantee (Administration) Act 1992;the Superannuation Guarantee Charge Act 1992;the Superannuation Industry (Supervision) Act 1993;d Rules;the Superannuation Guarantee (Administration) Act 1992;the Superannuation Guarantee Charge Act 1992;the Superannuation Industry (Supervision) Act 1993;the d Rules;the Superannuation Guarantee (Administration) Act 1992;the Superannuation Guarantee Charge Act 1992;the Superannuation Industry (Supervision) Act 1993;the Superannuation (Productivity Benefit) Act 1988d Rules;the Superannuation Guarantee (Administration) Act 1992;the Superannuation Guarantee Charge Act 1992;the Superannuation Industry (Supervision) Act 1993;the Superannuation (Productivity Benefit) Act 1988; and

•       d Rules;the Superannuation Guarantee (Administration) Act 1992;the Superannuation Guarantee Charge Act 1992;the Superannuation Industry (Supervision) Act 1993;the Superannuation (Productivity Benefit) Act 1988; andd Rules;the Superannuation Guarantee (Administration) Act 1992;the Superannuation Guarantee Charge Act 1992;the Superannuation Industry (Supervision) Act 1993;the Superannuation (Productivity Benefit) Act 1988; andthe st Members) Act 1999st Members) Act 1999.

st Members) Act 1999.

1.       st Members) Act 1999.mes are specified in regulations made under the Superannuation Industry (Supervision) Act. Acts by such schemes will not be unlawful if they are in accordance with the legislation, or trust deed, by or under which the scheme is established.

mes are specified in regulations made under the Superannuation Industry (Supervision) Act. Acts by such schemes will not be unlawful if they are in accordance with the legislation, or trust deed, by or under which the scheme is established.

Clause 39 - Direct compliance with laws, orders, etc.

mes are specified in regulations made under the Superannuation Industry (Supervision) Act. Acts by such schemes will not be unlawful if they are in accordance with the legislation, or trust deed, by or under which the scheme is established.

2.       mes are specified in regulations made under the Superannuation Industry (Supervision) Act. Acts by such schemes will not be unlawful if they are in accordance with the legislation, or trust deed, by or under which the scheme is established.vides an exemption for acts which would otherwise be unlawful under this Bill, if such acts are done in direct compliance with laws, court orders, and industrial awards and agreements.

3.       vides an exemption for acts which would otherwise be unlawful under this Bill, if such acts are done in direct compliance with laws, court orders, and industrial awards and agreements. th an Act, regulation or instrument mentioned in

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Schedule 1 of this Bill.

4.       th an Act, regulation or instrument mentioned in Schedule 1 of this Bill. rget particular age groups for assistance or to impose appropriate age restrictions, such as in the case of the age of criminal responsibility.

5.       rget particular age groups for assistance or to impose appropriate age restrictions, such as in the case of the age of criminal responsibility. assessed to ensure either that they are amended to remove inappropriate age-based distinctions or that consideration is given to seeking an exemption that is appropriate and justified.

6.        assessed to ensure either that they are amended to remove inappropriate age-based distinctions or that consideration is given to seeking an exemption that is appropriate and justified. od on the other exemptions for laws and regulations provided by this Division. These exemptions relate to superannuation, pensions, allowances and benefits, health, and migration and citizenship.

7.       od on the other exemptions for laws and regulations provided by this Division. These exemptions relate to superannuation, pensions, allowances and benefits, health, and migration and citizenship. licences, would not be unlawful.

8.        licences, would not be unlawful. subclause 5, s. 49A of the subclause 5, s. 49A of the Acts Interpretation Act 1901subclause 5, s. 49A of the Acts Interpretation Act 1901 does not prevent a regulation being made under subclause 5 from specifying an Act, regulation or instrument as in force at a particular time or as in force from time to time.

9.       subclause 5, s. 49A of the Acts Interpretation Act 1901 does not prevent a regulation being made under subclause 5 from specifying an Act, regulation or instrument as in force at a particular time or as in force from time to time. xemption for age discrimination for acts which are done in direct compliance with an order of a Commonwealth, State or Territory court.

10.       xemption for age discrimination for acts which are done in direct compliance with an order of a Commonwealth, State or Territory court.ruments includingruments including ruments including an order or award of a court or tribunal having the power to fix minimum wages or a certified agreement or an Australian Workplace Agreement as defined in the Workplace Relations Act 1996ruments including an order or award of a court or tribunal having the power to fix minimum wages or a certified agreement or an Australian Workplace Agreement as defined in the Workplace Relations Act 1996.ruments including an order or award of a court or tribunal having the power to fix minimum wages or a certified agreement or an Australian Workplace Agreement as defined in the Workplace Relations Act 1996.

ruments including an order or award of a court or tribunal having the power to fix minimum wages or a certified agreement or an Australian Workplace Agreement as defined in the Workplace Relations Act 1996.ruments including an order or award of a court or tribunal having the power to fix minimum wages or a certified agreement or an Australian Workplace Agreement as defined in the Workplace Relations Act 1996.Clause 40 ruments including an order or award of a court or tribunal having the power to fix minimum wages or a certified agreement or an Australian Workplace Agreement as defined in the Workplace Relations Act 1996.Clause 40 -ruments including an order or award of a court or tribunal having the power to fix minimum wages or a certified agreement or an Australian Workplace Agreement as defined in the Workplace Relations Act 1996.Clause 40 - Taxation laws

11.       ruments including an order or award of a court or tribunal having the power to fix minimum wages or a certified agreement or an Australian Workplace Agreement as defined in the Workplace Relations Act 1996.Clause 40 - Taxation laws anything done by a person in direct compliance with the requirements of the anything done by a person in direct compliance with the requirements of the Income Tax Assessment Act 1997 anything done by a person in direct compliance with the requirements of the Income Tax Assessment Act 1997 will not be unlawful under this Act.


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anything done by a person in direct compliance with the requirements of the Income Tax Assessment Act 1997 will not be unlawful under this Act. anything done by a person in direct compliance with the requirements of the Income Tax Assessment Act 1997 will not be unlawful under this Act. anything done by a person in direct compliance with the requirements of the Income Tax Assessment Act 1997 will not be unlawful under this Act.

Clause 41 - Pensions, allowances and benefits etc.

anything done by a person in direct compliance with the requirements of the Income Tax Assessment Act 1997 will not be unlawful under this Act.

12.        anything done by a person in direct compliance with the requirements of the Income Tax Assessment Act 1997 will not be unlawful under this Act. children below certain ages and people over the relevant age requirement for eligibility for the age pension.

13.        children below certain ages and people over the relevant age requirement for eligibility for the age pension. e Social Security Act 1991.

14.       e Social Security Act 1991. ave a shorter life expectancy.

15.       ave a shorter life expectancy. gislation, will not be affected by the coming into force of this Act. Subclauses 4 and 5 also exempt compliance with certain instruments under the Veterans' Entitlements Act, which relate to rates of pensions and to other entitlements.

16.       gislation, will not be affected by the coming into force of this Act. Subclauses 4 and 5 also exempt compliance with certain instruments under the Veterans' Entitlements Act, which relate to rates of pensions and to other entitlements.on, provides employment and training opportunities to Indigenous participants in a range of activities that benefit them and their communities.

on, provides employment and training opportunities to Indigenous participants in a range of activities that benefit them and their communities.

Clause 42 - Health

on, provides employment and training opportunities to Indigenous participants in a range of activities that benefit them and their communities.

17.       on, provides employment and training opportunities to Indigenous participants in a range of activities that benefit them and their communities. delivery of health and medical services. It does not permit the use of age as an arbitrary or inappropriate factor in the delivery of health and medical services in precluding a person's access to related goods and services.

18.        delivery of health and medical services. It does not permit the use of age as an arbitrary or inappropriate factor in the delivery of health and medical services in precluding a person's access to related goods and services. about the treatment of a particular individual.

19.        about the treatment of a particular individual.y available at the time the health program was established.

20.       y available at the time the health program was established. y available at the time the health program was established. For example, the Pharmaceutical Benefits Scheme, which is established under the y available at the time the health program was established. For example, the Pharmaceutical Benefits Scheme, which is established under the National Health Act 1953in age groups. For example, influenza vaccine is available for free to people of those age groups who are at greatest risk of complication and death from influenza.

21.       in age groups. For example, influenza vaccine is available for free to people of those age groups who are at greatest risk of complication and death from influenza. sed treatment.


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22.       sed treatment.sed treatment.Subclause 5 provides an exemption for anything done in the administration of the sed treatment.Subclause 5 provides an exemption for anything done in the administration of the Therapeutic Goods Act 1989, safety, efficacy and timely availability of therapeutic goods that are used in Australia, whether produced in Australia or elsewhere, or exported from Australia., safety, efficacy and timely availability of therapeutic goods that are used in Australia, whether produced in Australia or elsewhere, or exported from Australia. mmission under the mmission under the Health Insurance Act 1973here it relates to the age at which a medicare card is issued.

23.       here it relates to the age at which a medicare card is issued. and the Health Insurance Act 1973 and the Health Insurance Act 1973 and the Health Insurance Act 1973 in Schedule 1 to this Bill.

Clause 43 - Migration and citizenship etc.

and the Health Insurance Act 1973 in Schedule 1 to this Bill.

1.        and the Health Insurance Act 1973 in Schedule 1 to this Bill. and the Health Insurance Act 1973 in Schedule 1 to this Bill. Subclause 1 exempts all actions under the Migration Act 1958 and the and the Health Insurance Act 1973 in Schedule 1 to this Bill. Subclause 1 exempts all actions under the Migration Act 1958 and the Immigration (Guardianship of Children) Act 1946. The broad public interest being served by restrictions imposed in migration laws and regulations is such that it is appropriate that these laws are exempted from the application of this Act.

2.       . The broad public interest being served by restrictions imposed in migration laws and regulations is such that it is appropriate that these laws are exempted from the application of this Act. n from the application of this Act.

3.       n from the application of this Act.n from the application of this Act.Subclause 2 provides an exemption in respect of anything done by a person in direct compliance with the n from the application of this Act.Subclause 2 provides an exemption in respect of anything done by a person in direct compliance with the Australian Citizenship Act 1948n from the application of this Act.Subclause 2 provides an exemption in respect of anything done by a person in direct compliance with the Australian Citizenship Act 1948 or the n from the application of this Act.Subclause 2 provides an exemption in respect of anything done by a person in direct compliance with the Australian Citizenship Act 1948 or the Immigration (Education) Act 1971.tizenship and the provision of, and access to, English tuition.

tizenship and the provision of, and access to, English tuition.tizenship and the provision of, and access to, English tuition.Division 5 - Exemptions granted by Commission

tizenship and the provision of, and access to, English tuition.Division 5 - Exemptions granted by Commission

Clause 44 - Commission may grant exemptions

tizenship and the provision of, and access to, English tuition.Division 5 - Exemptions granted by Commission

4.       tizenship and the provision of, and access to, English tuition.Division 5 - Exemptions granted by Commissioner this Act. A similar provision can be found in Commonwealth anti-discrimination laws relating to sex and disability discrimination.

5.       er this Act. A similar provision can be found in Commonwealth anti-discrimination

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laws relating to sex and disability discrimination. ther a beneficial measure falls within the positive discrimination exemption.

6.       ther a beneficial measure falls within the positive discrimination exemption. clause 3). HREOC can grant a further exemption if an application is made before the period of the original exemption expires (subclause 2).

clause 3). HREOC can grant a further exemption if an application is made before the period of the original exemption expires (subclause 2).

Clause 45 - Review by Administrative Appeals Tribunal

clause 3). HREOC can grant a further exemption if an application is made before the period of the original exemption expires (subclause 2).

7.       clause 3). HREOC can grant a further exemption if an application is made before the period of the original exemption expires (subclause 2).n, to seek a review of that decision by the Administrative Appeals Tribunal.

n, to seek a review of that decision by the Administrative Appeals Tribunal.

Clause 46 - Notice of decisions to be published

n, to seek a review of that decision by the Administrative Appeals Tribunal.

8.       n, to seek a review of that decision by the Administrative Appeals Tribunal.he making of such a decision.

9.       he making of such a decision. for the decision. The notice must also indicate that an application to the Administrative Appeals Tribunal may be made for review of the decision.

for the decision. The notice must also indicate that an application to the Administrative Appeals Tribunal may be made for review of the decision.

Clause 47 - Effect of exemptions

for the decision. The notice must also indicate that an application to the Administrative Appeals Tribunal may be made for review of the decision.

10.        for the decision. The notice must also indicate that an application to the Administrative Appeals Tribunal may be made for review of the decision.ot unlawful under other provisions of this Act.

ot unlawful under other provisions of this Act.ot unlawful under other provisions of this Act.Part 5

ot unlawful under other provisions of this Act.Part 5ot unlawful under other provisions of this Act.Part 5Offences

11.       ot unlawful under other provisions of this Act.Part 5Offences under the HREOC Act for complaints of unlawful discrimination.

12.        under the HREOC Act for complaints of unlawful discrimination.to a complaint of unlawful discrimination to HREOC.

to a complaint of unlawful discrimination to HREOC.to a complaint of unlawful discrimination to HREOC.Division 1 - General rules relating to offences

to a complaint of unlawful discrimination to HREOC.Division 1 - General rules relating to offences

Clause 48 - Application of the Criminal Code

to a complaint of unlawful discrimination to HREOC.Division 1 - General rules relating to offences


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13.       to a complaint of unlawful discrimination to HREOC.Division 1 - General rules relating to offencesto a complaint of unlawful discrimination to HREOC.Division 1 - General rules relating to offencesThis clause provides that Part 2.5 of the to a complaint of unlawful discrimination to HREOC.Division 1 - General rules relating to offencesThis clause provides that Part 2.5 of the Criminal Codethis Act. The Bill imposes different arrangements for dealing with corporate criminal responsibility in keeping with the existing suite of Commonwealth anti-discrimination law (see clause 57).

this Act. The Bill imposes different arrangements for dealing with corporate criminal responsibility in keeping with the existing suite of Commonwealth anti-discrimination law (see clause 57).

Clause 49 - Unlawful act not offence unless expressly provided

this Act. The Bill imposes different arrangements for dealing with corporate criminal responsibility in keeping with the existing suite of Commonwealth anti-discrimination law (see clause 57).

14.       this Act. The Bill imposes different arrangements for dealing with corporate criminal responsibility in keeping with the existing suite of Commonwealth anti-discrimination law (see clause 57).ng those unlawful acts an offence under the Act.

ng those unlawful acts an offence under the Act. ng those unlawful acts an offence under the Act. Division 2 - Specific offences

ng those unlawful acts an offence under the Act. Division 2 - Specific offences

Clause 50 - Advertisements

ng those unlawful acts an offence under the Act. Division 2 - Specific offences

15.       ng those unlawful acts an offence under the Act. Division 2 - Specific offencesapplicable whether or not the publication or display is made to the public.

16.       applicable whether or not the publication or display is made to the public. the absence of any requirement of proof of fault, whether for all or some of the physical elements of an offence. The general defences in Chapter 2, Part 2.3 of the Criminal Code are also available.

the absence of any requirement of proof of fault, whether for all or some of the physical elements of an offence. The general defences in Chapter 2, Part 2.3 of the Criminal Code are also available. of an offence under this provision where there are age restrictions imposed on those eligible to serve alcohol.

of an offence under this provision where there are age restrictions imposed on those eligible to serve alcohol.

Clause 51 - Victimisation

of an offence under this provision where there are age restrictions imposed on those eligible to serve alcohol.

17.        of an offence under this provision where there are age restrictions imposed on those eligible to serve alcohol.procedures established for age discrimination, without being threatened or punished for doing so.

18.       procedures established for age discrimination, without being threatened or punished for doing so. ut discrimination.

ut discrimination. iscrimination is proven. A's action to dismiss B (because he appeared as a witness) would be an offence under this provision.

iscrimination is proven. A's action to dismiss B (because he appeared as a witness) would be an offence under this provision.


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Clause 52 - Failure to disclose actuarial or statistical data

iscrimination is proven. A's action to dismiss B (because he appeared as a witness) would be an offence under this provision.

19.       iscrimination is proven. A's action to dismiss B (because he appeared as a witness) would be an offence under this provision.ound of age under clause 37. Where that data is not presented and there is no reasonable excuse for not presenting it, then subclause 1 provides that the person is guilty of a criminal offence.

20.       ound of age under clause 37. Where that data is not presented and there is no reasonable excuse for not presenting it, then subclause 1 provides that the person is guilty of a criminal offence.ply they could be charged with a separate offence. By making it clear that subsection 4K(1) does not apply there will be only one offence rather than a series of offences for each day an order is not complied with.

21.       ply they could be charged with a separate offence. By making it clear that subsection 4K(1) does not apply there will be only one offence rather than a series of offences for each day an order is not complied with.tted.

tted.tted.Part 6

tted.Part 6tted.Part 6Functions of Human Rights and Equal Opportunity Commission

22.       tted.Part 6Functions of Human Rights and Equal Opportunity Commissionl may be made, and how those complaints are to be dealt with by HREOC are provided in Part IIB of the HREOC Act.

l may be made, and how those complaints are to be dealt with by HREOC are provided in Part IIB of the HREOC Act.

Clause 53 - Functions of the Commission

l may be made, and how those complaints are to be dealt with by HREOC are provided in Part IIB of the HREOC Act.

23.       l may be made, and how those complaints are to be dealt with by HREOC are provided in Part IIB of the HREOC Act.that is, public awareness and education; inquiries and conciliation in relation to complaints of discrimination; and input to policy and legislative development.

that is, public awareness and education; inquiries and conciliation in relation to complaints of discrimination; and input to policy and legislative development. that is, public awareness and education; inquiries and conciliation in relation to complaints of discrimination; and input to policy and legislative development. Part 7

that is, public awareness and education; inquiries and conciliation in relation to complaints of discrimination; and input to policy and legislative development. Part 7that is, public awareness and education; inquiries and conciliation in relation to complaints of discrimination; and input to policy and legislative development. Part 7Miscellaneous

24.       that is, public awareness and education; inquiries and conciliation in relation to complaints of discrimination; and input to policy and legislative development. Part 7Miscellaneoustion of the legislation.

25.       tion of the legislation. the operation of the legislation but which are not set out in the Bill (clause 61).

the operation of the legislation but which are not set out in the Bill (clause 61).

Clause 54 - Power to require actuarial data or statistical data

the operation of the legislation but which are not set out in the Bill (clause 61).

26.        the operation of the legislation but which are not set out in the Bill (clause
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61).ing a notice in writing, to require someone to present that data to HREOC. Where that data is not presented and there is no reasonable excuse for not presenting it, then clause 52 provides that the person is guilty of a criminal offence.

ing a notice in writing, to require someone to present that data to HREOC. Where that data is not presented and there is no reasonable excuse for not presenting it, then clause 52 provides that the person is guilty of a criminal offence.

Clause 55 - Delegation

ing a notice in writing, to require someone to present that data to HREOC. Where that data is not presented and there is no reasonable excuse for not presenting it, then clause 52 provides that the person is guilty of a criminal offence.

27.       ing a notice in writing, to require someone to present that data to HREOC. Where that data is not presented and there is no reasonable excuse for not presenting it, then clause 52 provides that the person is guilty of a criminal offence.s HREOC with a broad power to delegate to the persons set out in the clause.

28.       s HREOC with a broad power to delegate to the persons set out in the clause.powers by the Commissioner.

powers by the Commissioner.

Clause 56 - Liability of persons involved in unlawful acts

powers by the Commissioner.

29.       powers by the Commissioner. he effect of this provision is that a complaint of unlawful discrimination could be made against this person as well as that person who actually did the unlawful act.

he effect of this provision is that a complaint of unlawful discrimination could be made against this person as well as that person who actually did the unlawful act.

Clause 57 - Conduct by directors, employees and agents

he effect of this provision is that a complaint of unlawful discrimination could be made against this person as well as that person who actually did the unlawful act.

30.       he effect of this provision is that a complaint of unlawful discrimination could be made against this person as well as that person who actually did the unlawful act. others and where relevant, liable for certain conduct which is a criminal offence under the Act.

31.       others and where relevant, liable for certain conduct which is a criminal offence under the Act. on of the clause, and in particular to define the relevant states of mind required to establish that a body corporate or other person is liable for the conduct of another person which is an offence under this Act.

32.       on of the clause, and in particular to define the relevant states of mind required to establish that a body corporate or other person is liable for the conduct of another person which is an offence under this Act. tain unlawful conduct.

33.       tain unlawful conduct. rs to the conduct of directors, servants and agents.

34.       rs to the conduct of directors, servants and agents.nt) who engaged in the conduct was acting within the scope of his or her actual or apparent authority and had the relevant state of mind. "State of mind" includes a range of matters as defined in subclause 6.

35.       nt) who engaged in the conduct was acting within the scope of his or her actual or apparent authority and had the relevant state of mind. "State of mind" includes

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a range of matters as defined in subclause 6. d exercised due diligence to avoid the conduct.

36.       d exercised due diligence to avoid the conduct. the person other than a body corporate, who was engaged in the conduct, was acting within his or her actual or apparent authority and had the state of mind. "State of mind" includes a range of matters as defined in subclause 6.

37.        the person other than a body corporate, who was engaged in the conduct, was acting within his or her actual or apparent authority and had the state of mind. "State of mind" includes a range of matters as defined in subclause 6. precautions and exercised due diligence to avoid the conduct.

38.        precautions and exercised due diligence to avoid the conduct. someone whether he or she had that state of mind) then that person cannot be punished by imprisonment.

39.        someone whether he or she had that state of mind) then that person cannot be punished by imprisonment. someone whether he or she had that state of mind) then that person cannot be punished by imprisonment. Subclause 6 provides the relevant definition for the term "state of mind" required to be established for the purposes of this section.

40.        someone whether he or she had that state of mind) then that person cannot be punished by imprisonment. Subclause 6 provides the relevant definition for the term "state of mind" required to be established for the purposes of this section. 8 are self-explanatory.

Clause 58 - Protection from civil actions

8 are self-explanatory.

1.        8 are self-explanatory. Subclause 1 provides that a person may not take civil action against any of the following people in relation to any actions or omissions done in good faith in the course of their duties under this Act: 8 are self-explanatory.

8 are self-explanatory. Subclause 1 provides that a person may not take civil action against any of the following people in relation to any actions or omissions done in good faith in the course of their duties under this Act: 8 are self-explanatory. Subclause 1 provides that a person may not take civil action against any of the following people in relation to any actions or omissions done in good faith in the course of their duties under this Act:HREOC;(a)       

8 are self-explanatory. Subclause 1 provides that a person may not take civil action against any of the following people in relation to any actions or omissions done in good faith in the course of their duties under this Act:HREOC; 8 are self-explanatory. Subclause 1 provides that a person may not take civil action against any of the following people in relation to any actions or omissions done in good faith in the course of their duties under this Act:HREOC;a member of HREOC;(b)       

8 are self-explanatory. Subclause 1 provides that a person may not take civil action against any of the following people in relation to any actions or omissions done in good faith in the course of their duties under this Act:HREOC;a member of HREOC;(c)       on acting for or on behalf of HREOC; and

(d)       on acting for or on behalf of HREOC; andon acting for or on behalf of HREOC; anda person acting for or on behalf of a member of HREOC.

1.       on acting for or on behalf of HREOC; anda person acting for or on behalf of a member of HREOC.se persons protected under those Acts.

2.       se persons protected under those Acts.g of information in any form under this Act.

g of information in any form under this Act.

Clause 59 - Unlawful act not basis of civil action unless expressly so provided

g of information in any form under this Act.

3.       g of information in any form under this Act.g of information in any form under this Act.The HREOC Act provides a mechanism for dealing with complaints about matters that are unlawful under this Act. It is not intended that rights created under this Act give rise to civil actions in the courts.

4.       g of information in any form under this Act.The HREOC Act provides a mechanism for dealing with complaints about matters that are unlawful under this Act. It is not intended that rights created under this Act give rise to civil actions in the courts.lause provides that, notwithstanding that an act is unlawful under the provisions of Part 4, no separate right of action is created unless there is an express provision concerning such actions.

5.       lause provides that, notwithstanding that an act is unlawful under the provisions of

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Part 4, no separate right of action is created unless there is an express provision concerning such actions.Part 5, and indicates that for the purposes of this clause they are to be regarded as unlawful acts. That essentially means that the only action in relation to those matters is a complaint under the HREOC Act or the prosecution for an offence.

Part 5, and indicates that for the purposes of this clause they are to be regarded as unlawful acts. That essentially means that the only action in relation to those matters is a complaint under the HREOC Act or the prosecution for an offence.

Clause 60 - Non-disclosure of private information

Part 5, and indicates that for the purposes of this clause they are to be regarded as unlawful acts. That essentially means that the only action in relation to those matters is a complaint under the HREOC Act or the prosecution for an offence.

6.       Part 5, and indicates that for the purposes of this clause they are to be regarded as unlawful acts. That essentially means that the only action in relation to those matters is a complaint under the HREOC Act or the prosecution for an offence.rovides for the approach to be taken by HREOC, its members and staff in respect of the use of private information.

7.       rovides for the approach to be taken by HREOC, its members and staff in respect of the use of private information.uch private information, or producing any documents which contain another person's private information to anyone, if they were given to HREOC for the purposes of this Act.

8.       uch private information, or producing any documents which contain another person's private information to anyone, if they were given to HREOC for the purposes of this Act. here it is necessary to do so for the purposes of this Act.

9.       here it is necessary to do so for the purposes of this Act. dly, an exception is made for information divulged or communicated or documents produced, if such actions are required or permitted to be done by an Act and such actions are done for the purposes of that Act.

10.       dly, an exception is made for information divulged or communicated or documents produced, if such actions are required or permitted to be done by an Act and such actions are done for the purposes of that Act. rovision in clause 59. Therefore a person aggrieved by this provision may institute civil proceedings in any court in respect of the offence committed.

rovision in clause 59. Therefore a person aggrieved by this provision may institute civil proceedings in any court in respect of the offence committed.

Clause 61 - Regulations

rovision in clause 59. Therefore a person aggrieved by this provision may institute civil proceedings in any court in respect of the offence committed.

11.       rovision in clause 59. Therefore a person aggrieved by this provision may institute civil proceedings in any court in respect of the offence committed. rovision in clause 59. Therefore a person aggrieved by this provision may institute civil proceedings in any court in respect of the offence committed. This clause provides the Governor-General with the power to make regulations under this Act.

rovision in clause 59. Therefore a person aggrieved by this provision may institute civil proceedings in any court in respect of the offence committed. This clause provides the Governor-General with the power to make regulations under this Act.le 1

12.       le 1le 1This Schedule sets out the list of laws mentioned in paragraph 39(1)(a). Anything done by a person in direct compliance with the laws listed in this Schedule is not made unlawful by Part 4.

le 1This Schedule sets out the list of laws mentioned in paragraph 39(1)(a). Anything done by a person in direct compliance with the laws listed in this

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Schedule is not made unlawful by Part 4.

le 1This Schedule sets out the list of laws mentioned in paragraph 39(1)(a). Anything done by a person in direct compliance with the laws listed in this Schedule is not made unlawful by Part 4.