In November 2007, the Attorney-General initiated an independent review to make recommendations in relation to particular aspects of the Equal Opportunity Act 1995 (Vic).
As part of the Review, the Reviewer, Julian Gardner, prepared a Discussion Paper which outlines the key questions to be considered by the Review. The Discussion Paper invited responses to a series of questions and sought comments on how the EO Act should be reformed to ‘better promote the right to equality and improve protection from discrimination’.
On 14 January 2008, the Human Rights Law Resource Centre made a Submission to the Equal Opportunity Act Review. The Centre’s submission focuses on the relevance of international human rights law to certain questions raised in the Discussion Paper. In this context, this submission also discusses the potential application of the Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic), which has particular relevance to the scope of the Review.
The Centre’s submission addresses the following aspects of the Discussion Paper:
- the range of attributes that should be protected by the EO Act;
- the scope for the EO Act to address systemic discrimination;
- the powers of the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) to investigate and remedy discrimination; and
- whether the EO Act should provide access to a broader range of complainants through additional mechanisms such as class actions and representative complaints.
The EOA Review then produced an Options Paper, which details findings from consultation and sets out options for reform. The areas include the future scope of the EO Act, VEOHRC’s governance and its powers to eliminate discrimination and dispute resolution. On 12 May 2008, the Centre submitted a Response to the Options Paper which recommended that:
- the links between the EO Act and the Charter be expressly recognised in the EO Act;
- the EO Act include a broad positive duty not to discriminate which is not limited to the attributes and areas currently protected by the EO Act; and
- a complainant elect to pursue a complaint either at VCAT or at VEOHRC, rather than being required to first conciliate at VEOHRC.
The Government is also separately reviewing exceptions and exemptions in the Act with a review to ensuring consistency with the Charter of Human Rights and Responsibilities Act 2006 (‘Exceptions Review’).
In April 2008, the Centre also made a Joint HRLRC/PILCH Submission to the Exceptions Review. The Centre’s submission proposes that all of the exceptions and exemptions under the Act be repealed and that, instead, any differential treatment that may constitute discrimination be assessed to ensure compatibility with s 7 of the Charter. Section 7 recognises that human rights, including the right to non-discrimination, are not absolute but may only be limited so far as is reasonable, demonstrably justifiable, proportionate and adapted.
