The Justice and Community Safety Directorate has invited feedback on a plan to modernise the Territory’s anti-discrimination law, which protects people against unfair treatment because of their background or certain personal characteristics.
In a statement, the Directorate said its discussion paper Inclusive, Progressive, Equal: Discrimination Law Reform, along with eight short consultation guides, would help people share their views about proposed reforms to the Discrimination Act 1991.
“Discrimination can affect people in their day-to-day lives – at work or in education, accessing Government services, participating in sport, joining a club, or practising a religion,” the Directorate said.
“An ACT Government priority is to modernise our discrimination law and put the ACT at the forefront of best practice in promoting equal opportunity, respect for diversity and social inclusion in our community,” it said.
The Directorate said the Discrimination Act currently prohibited discrimination in six areas of public life, however, the Act contained 50 exemptions that allowed discrimination to occur in certain circumstances.
It said exemptions applied to religious bodies; licensed clubs; voluntary bodies; sport; work; employment in private homes; and insurance and superannuation companies.
“Government thinks discrimination law should simply apply to any activity that is not in private,” it said.
“We would like your views on how best to define what is public and what is private.”
The Directorate said consultation would also look at ways to simplify and narrow current exceptions to better align the law with the ACT’s human rights framework.
In addition, it said the consultation would explore the merits of placing a positive duty on public authorities and businesses to eliminate discrimination.
“A positive duty to eliminate discrimination requires organisations to identify areas where discrimination may occur and to take steps to prevent this,” it said.
“A positive duty would be consistent with the ACT Human Rights Act and could assist to create a culture of equality and stop discrimination.”
The Directorate said people could have a say on the proposed reforms until 9 January via an online survey, written submission or by participating in a virtual roundtable.
The Directorate’s 50-page Discussion Paper can be accessed at this PS News link and its eight consultation guides at this link.
