Submissions

Senate Committee Inquiry into Sex Discrimination Amendment Bill 2013

The Senate Constitutional and Legislative Affairs Committee is inquiring into the Sex Discrimination Amendment Bill 2013. For more information about how to make a submission, please visit the Senate Committee website. 

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

The Government has now released an Exposure Draft of the Human Rights and Anti-Discrimination Bill 2012 and has referred the Bill to the Senate Standing Committee on Legal and Constitutional Affairs to conduct an inquiry.  Submissions are due on 21 December 2012. For further details please visit the committee website.

Please email Rachel Ball or Anna Brown if you have a submission to upload to this website.

Human Rights Law Centre

The HRLC’s submission focuses on Australia’s obligations under international human rights law and makes a series of recommendations that would strengthen and improve the Bill. The submission also responds to concerns that have been raised since the Bill was released for comment, including in relation to the definition of discrimination and the burden of proof.

A Simpler, Fairer Law for All A Simpler, Fairer Law for All (611 KB)

Australian Human Rights Commission

The Australian Human Rights Commission recommends that the Senate Committee supports the passage of the Bill, and introduces a number of subsidiary recommendations for the amelioration of the anti-discrimination legislative framework for consideration in its submission.

Australian Human Rights Commission Submission Australian Human Rights Commission Submission (86 KB)

Discrimination Law Experts' Group

A coalition of discrimination law experts commends the government's exposure draft for seeking to simplify and enhance human rights protection in Australia and has submitted a series of recommendations to the Senate Committee, designed to further enhance the qualities of the Bill.

Discrimination Law Experts Group Submission Discrimination Law Experts Group Submission (919 KB)

Law Council of Australia

The Law Council has prepared a submission supporting the government's effort to provide clarity and certainty by consolidating existing Commonwealth anti-discrimination legislation into a single Act.  The Law Council has made recommendations that seek to clarify and strengthen the protections in the exposure draft, principally in relation to the test for discrimination and proposed exceptions to the prohibition on discrimination.  

Law Council of Australia Submission Law Council of Australia Submission (414 KB)

 

Victorian Gay & Lesbian Rights Lobby

The Victorian Gay & Lesbian Rights Lobby has prepared a submission to the Senate Committee with recommendations on LGBTI issues and a letter to encourage supporters to make submissions to the inquiry that summarises a number of key recommendations on LGBTI issues. 

Victorian Gay & Lesbian Rights Lobby Letter Victorian Gay & Lesbian Rights Lobby Letter (181 KB)

Victorian Gay and Lesbian Rights Lobby Submission Victorian Gay and Lesbian Rights Lobby Submission (535 KB)

Human Rights Council of Australia

The HRCA has made a submission strongly supporting the consolidation process and making a series of recommendations to strengthen the draft Bill by addressing perceived deficiencies and errors.

Human Rights Council of Australia Submission Human Rights Council of Australia Submission (249 KB)

Women's Health Victoria

Women's Health Victoria is a statewide women’s health promotion, information and advocacy service. Women’s Health Victoria’s vision is Women living well – healthy, empowered, equal. In its submission Women’s Health Victoria reiterates their support for the inclusion of domestic and family violence as a new ground for discrimination, and further supports all the recommendations put forward by the Australian Human Rights Commission in their submissions.

Women's Health Victoria Letter Women's Health Victoria Letter (239 KB)

 

Organisation Intersex International (Australia)

OII Australia is a national organisation representing the interests of intersex people. OII Australia has made a number of recommendations regarding the HRAD Bill to ensure that intersex people are protected from discrimination. 

OII Submission on HRAD Bill OII Submission on HRAD Bill (216 KB)

National Association of Community Legal Centres

The NACLC represents community legal centres across Australia. NACLC has prepared a submission that is currently open for endorsement. If you would like to endorse this submission please contact Anna Cody at acody@unsw.edu.au

 

NACLC Submission on HRAD BIll - 19 Dec NACLC Submission on HRAD BIll - 19 Dec (377 KB)

Redfern Legal Centre &  the Australian Human Rights Centre

The Redfern Legal Cenre & AHRC have made a joint submission bringing together Redfern Legal Centre's experience representing clients in New South Wales and AHRC's scholarship as an inter-disciplinary institute at the University of New South Wales. The joint submission welcomes the consolidation process to create greater consistency and simplicity and makes recommendations for further improvements with a focus on reasonable adjustment provisions and and the definition of protected attributes.

Redfern Legal Centre and AHRC Joint Submission Redfern Legal Centre and AHRC Joint Submission (123 KB)

Consolidation of Commonwealth Anti-Discrimination Laws Discussion Paper

The Government released a discussion paper on 22 September 2011 to seek community views on the consolidation of Federal anti-discrimination laws. The release of the Consolidation of Commonwealth Anti-Discrimination Laws Discussion Paper marks the first step in the Government's formal consultation process since the announcement of the Consolidation Project in April 2010.  Submissions on the discussion paper were due on 1 Feburary 2011. Many of the submissions are available below and otherwise available on the Attorney-General's website.

Human Rights Law Centre 

The Human Rights Law Centre's submission, Realising the Right to Equality, recommends simplifying, strengthening and updating the law to ensure that Australia fulfils its human rights obligations under international law. 

Realising the Right to Equality Submission Realising the Right to Equality Submission (477 KB)

 

The Law Council of Australia

The Law Council of Australia has prepared two detailed submissions which build upon the Policy Statement (see below in Pre-Discussion Paper Submissions). 

Submission to Consolidation of Commonwealth Anti-Discrimination Laws Discussion Paper - 1 February 2012

Submission for Consolidation of Commonwealth Anti-Discrimination Laws Discussion Paper Submission for Consolidation of Commonwealth Anti-Discrimination Laws Discussion Paper (984 KB)

Supplementary Submission to Consolidation of Commonwealth Anti-Discrimination Laws Discussion Paper - 26 April 2012 

Supplementary Submission for Consolidation of Commonwealth Anti-Discrimination Laws Discussion Paper Supplementary Submission for Consolidation of Commonwealth Anti-Discrimination Laws Discussion Paper (265 KB)

Public Interest Advocacy Centre

PIAC's comprehensive submission, Improving Access to Equality, recommends that consolidation aim to address systemic discrimination and ensure equality in Australia. 

Public Interest Advocacy Centre Submission Public Interest Advocacy Centre Submission (1664 KB)

Public Interest Law Clearing House 

The comprehensive submission from PILCH makes the case for strengthened anti-discrimination laws to promote equality of outcomes and not just equality of opportunities

PILCH submission PILCH submission (289 KB)

Diversity Council of Australia

The Diversity Council of Australia, which represents over 130 organisations, including some of Australia's largest employers, submits that there is a strong business case, as well as social and legal imperatives, for strengthening Australia's anti-discrimination laws.

Diversity Council of Australia submission Diversity Council of Australia submission (496 KB)

Liberty Victoria

The submission by Liberty Victoria makes a number of targeted recommendations for the promotion of equality.  It deals particularly with systemic discrimination, attributes, religious exemptions, harassment and vilification, and vicariouis liability.

Liberty Victoria submission Liberty Victoria submission (279 KB)

Australian National University

The Australian National University's submission focuses on the issues of sexuality, gender identity and related exceptions.

ANU Submission ANU Submission (64 KB)

LGBTI Health Alliance

The LGBTI Health Alliance submission argues that an effective anti-discrimination act must be capable of dealing with discrimination at its source.

LGBTI Health Alliance LGBTI Health Alliance (593 KB)

National Aboriginal and Torres Strait Island Islander Legal Services

The NATSILS submission advocates for reforms that would address discrimination proactively and reduce the burden placed on individual complainants, thereby making the law simpler, more accessible, inclusive and flexible.   

NATSILS Submission NATSILS Submission (630 KB)

Oxford Pro Bono Publico

Oxford Pro Bono Publico, which comprises members from the Faculty of Law at the University of Oxford, has prepared a submission which focuses, specifically, on positive obligations and protections against intersectional discrimination, drawing on experiences in comparative jurisdictions.   

Oxford University Submission Oxford University Submission (818 KB)

National Association of Community Legal Centres 

The National Association of Community Legal Centres says that anti-discrimination laws need to be enhanced to enshrine Australia‟s international human rights obligations into domestic law and to promote substantive equality

NACLC Submission NACLC Submission (591 KB)

Family Planning NSW 

Family Planning NSW  welcomes the consolidation of federal anti-discrimination legislation, but notes that victims of domestic and family violence are not covered by existing anti-discrimination laws and takes this opportunity to endorse the recommendations in the submission of the Australian Domestic & Family Violence Clearinghouse.

Family Planning NSW Submission Family Planning NSW Submission (134 KB)

Castan Centre for Human Rights Law

Monash University's Castan Centre for Human Rights Law says that Commonwealth anti-discrimination law must be significantly strengthened in order to achieve its objects of eliminating discrimination

Castan Centre Submission Castan Centre Submission (218 KB)

NSW Gay and Lesbian Rights Lobby

The NSW Gay and Lesbian Rights Lobby's submission, Embracing Equality, responds to the discussion paper with a particular focus on reforms that would impact on equality for the gay and lesbian community, while also addressing overlapping issues affecting bisexual, transgender and intesex communities, where appropriate.

NSW GLRL Embracing Equality Submission NSW GLRL Embracing Equality Submission (591 KB)

Australian Centre for Disability Law

The Australian Centre for Disability Law's submission makes a number of recommendations which, in ACDL's view, would advance the best interests of persons with disabilities.

ADCL Submission ADCL Submission (327 KB)

University of Cambridge 

The University of Cambridge's submission, Equality for All, draws on the United Kingdom's recent experience of equality law reform to provide valuable insights for the Australian consolidation project.

University of Cambridge Submission University of Cambridge Submission (1000 KB)

Discrimination Law Experts' Group

A coalition of discriminatoin law experts met on Monday 28 November to collaborate on a response to the Discussion Paper and have released a joint submission dated 13 December 2011.

Discrimination Experts' Group Submission Discrimination Experts' Group Submission (979 KB)

 

Australian Human Rights Commission

The Australian Human Rights Commission has prepared a submission to the Attorney-General's Department dated 6 December 2011. 

Australian Human Rights Commission Submission Australian Human Rights Commission Submission (659 KB)

Equality Rights Alliance

The Equality Rights Alliance has prepared a supplementary submission (in addition to their first submission below). ERA is still seeking and accepting endorsements for this submission. For more information please visit the ERA website

Organisation Intersex International Australia Limited 

OII is the world's largest intersex organisation with members representing almost all known intersex variations. OII has affiliates in over 20 countries and OII Australia Ltd is one such affiliate. 

Pre-Discussion Paper Submissions

Various submissions to the Commonwealth Government regarding the consolidation of federal anti-discrimination laws along with policy documents have been prepared by a number of organizations ahead of the release of the Government’s Discussion Paper and exposure draft legislation.

The Human Rights Law Centre

Human Rights Law Centre’s paper, Advance Australia Fair: Addressing Systemic Discrimination and Promoting Equality, is intended to inform the Government’s consolidation of Federal anti-discrimination laws and focuses on the need for the law to contribute to a more equal society by recognising and addressing systemic discrimination.

Advance Australia Fair - Addressing Systemic Discrimination and Promoting Equality Advance Australia Fair - Addressing Systemic Discrimination and Promoting Equality (386 KB)

The National Association of Community Legal Centres

The National Association of Community Legal Centres (NACLC) and several individual community legal centres have prepared these two submissions on the consolidation of federal anti-discrimination laws. These submission draw on practical experience of assisting clients to navigate both the federal and state or territory anti-discrimination law systems and highlight the barriers to accessing justice for people who have experienced discrimination.

Access to Justice and Systemic Issues: Consolidation of Federal Discrimination Legislation, March 20 Access to Justice and Systemic Issues: Consolidation of Federal Discrimination Legislation, March 20 (5372 KB)

Areas for increased protection in discrimination law: Consolidation of Federal Discrimination Legisl Areas for increased protection in discrimination law: Consolidation of Federal Discrimination Legisl (3564 KB)

Coalition of discrimination law experts

A coalition of discrimination law experts produced this report which sets out recommendations for a national consolidated anti-discrimination law. The recommendations arise from a roundtable discussion among discrimination law experts, convened by the Law Reform and Social Justice Program of the ANU College of Law at the Australian National University on 23 July 2010.

Recommendations for a consolidated federal anti-discrimination law in Australia, 29 November 2010 Recommendations for a consolidated federal anti-discrimination law in Australia, 29 November 2010 (497 KB)

The Equality Rights Alliance

The Equality Rights Alliance (ERA) composed this submission, based on key concerns and recommendations identified at a roundtable to discuss gender equality in the context of the Consolidation Project. The ERA roundtable involved 15 representatives from non government organisations, academia, anti-discrimination practitioners and unions. 

Gender Equality Roundtable Submission to the Consolidation Project Gender Equality Roundtable Submission to the Consolidation Project (122 KB)

The Law Council of Australia

The Law Council of Australia has released this policy statement on the consolidation of Commonwealth anti-discrimination laws. The Law Council of Australia is the peak national representative body of the Australian legal profession, and represents about 56,000 legal practitioners nationwide.

LCA Anti-discrimination laws policy document, March 2011 LCA Anti-discrimination laws policy document, March 2011 (279 KB)

Victorian Women Lawyers

Victorian Women Lawyers, the peak body for women lawyers in Victoria, has produced this submission which outlines concerns about the Consolidation Project from the perspective of sex discrimination.    

VWL submission regarding consolidation of federal anti-discrimination law, February 2011 VWL submission regarding consolidation of federal anti-discrimination law, February 2011 (4431 KB)

The Cambridge Pro Bono Group

The Cambridge Pro Bono Group, a team of postgraduate law students and Law Faculty members from the University of Cambridge, has prepared this report which provides a thoroughly researched brief on the UK experience of equality law reform and sets out lessons that Australia might draw from that experience.  

Equity for all: submission on Australia’s proposed reform of anti-discrimination legislation, March Equity for all: submission on Australia’s proposed reform of anti-discrimination legislation, March (992 KB)

The Human Rights Law Centre

The Human Rights Law Centre produced this policy brief on ‘Promoting Equality and Addressing Discrimination in Australia’ in early 2010. The brief identifies that the law can and should play a central normative and educational role in advancing meaningful equality for all Australians.

‘Advance Australia Fair’: An Agenda to Promote Equality and Address Discrimination in Australia, Mar ‘Advance Australia Fair’: An Agenda to Promote Equality and Address Discrimination in Australia, Mar (52 KB)

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