Anti-Discrimination Act 1991

Last updated

Anti-Discrimination Act 1991
Coat of Arms of Queensland.svg
Parliament of Queensland
An Act to promote equality of opportunity for everyone by protecting them from unfair discrimination in certain areas of activity and from sexual harassment and certain associated objectionable conduct.
Date passed 3 December 1991
Date of Royal Assent 9 December 1991
Date commenced 30 June 1992
Introduced by Hon. D. M. Wells (Murrumba — Attorney-General)
Status: Current legislation

The Queensland Anti-Discrimination Act 1991 is an act of the Parliament of Queensland that provides protection against unfair discrimination, sexual harassment, and other objectionable conduct. [1] The Act was passed by the Queensland Parliament on 3 December 1991, received assent on 9 December 1991, and commenced on 30 June 1992. [2]

Queensland North-east state of Australia

Queensland is the second-largest and third-most populous state in the Commonwealth of Australia. Situated in the north-east of the country, it is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean. To its north is the Torres Strait, with Papua New Guinea located less than 200 km across it from the mainland. The state is the world's sixth-largest sub-national entity, with an area of 1,852,642 square kilometres (715,309 sq mi).

Parliament of Queensland Legislature of Queensland, Australia

The Parliament of Queensland is the legislature of Queensland, Australia. According to the state's constitution, the Parliament consists of the Queen and the Legislative Assembly. It is the only unicameral state parliament in the country. The upper chamber, the Legislative Council, was abolished in 1922. The Legislative Assembly sits in Parliament House in the state capital, Brisbane.

In human social behavior, discrimination is treatment or consideration of, or making a distinction towards, a person based on the group, class, or category to which the person is perceived to belong. These include age, colour, criminal record, height, disability, ethnicity, family status, gender identity, generation, genetic characteristics, marital status, nationality, race, religion, sex, and sexual orientation. Discrimination consists of treatment of an individual or group, based on their actual or perceived membership in a certain group or social category, "in a way that is worse than the way people are usually treated". It involves the group's initial reaction or interaction going on to influence the individual's actual behavior towards the group leader or the group, restricting members of one group from opportunities or privileges that are available to another group, leading to the exclusion of the individual or entities based on illogical or irrational decision making.

Contents

Scope of the Act

The Anti-Discrimination Act 1991 prohibits discrimination on the basis of the following attributes:

Areas

The areas of activity where discrimination is unlawful are:

Anti-Discrimination Commission Queensland

The implementation of the Act saw the establishment of the Anti-Discrimination Commission Queensland, an independent statutory body to resolve complaints of discrimination, sexual harassment, vilification, victimisation and other contraventions of the Anti-Discrimination Act, as well as to promote an understanding, acceptance, and public discussion of human rights in Queensland. [4]

A statutory authority is a body set up by law which is authorised to enact legislation on behalf of the relevant country or state. They are typically found in countries which are governed by a British style of parliamentary democracy such as the UK and British Commonwealth countries like Canada, Australia, New Zealand and India. They are also found in Israel and elsewhere. In Britain, many such bodies are termed QUANGOs because of their semi-autonomous nature.

Legacy

In 2016, the Anti-Discrimination Commission Queensland and State Library of Queensland marked the 25th anniversary of the establishment of the Act, by creating seven short videos exploring the impact of the Act on Queenslanders and feature interviews with activists, politicians, community advocates and social justice professionals. [5] [6]

State Library of Queensland main research and reference library in Queensland

The State Library of Queensland is the main reference and research library provided to the people of the State of Queensland, Australia, by the state government. Its legislative basis is provided by the Queensland Libraries Act 1988. It contains a significant portion of Queensland's documentary heritage, major reference and research collections, and is an advocate of and partner with public libraries across Queensland. The library is at Kurilpa Point, within the Queensland Cultural Centre on the Brisbane River at South Bank.

Activism efforts to promote, impede, or direct social, political, religious, economic, or environmental change, or stasis

Activism consists of efforts to promote, impede, direct, or intervene in social, political, economic, or environmental reform with the desire to make changes in society. Forms of activism range from mandate building in the community, petitioning elected officials, running or contributing to a political campaign, preferential patronage of businesses, and demonstrative forms of activism like rallies, street marches, strikes, sit-ins, or hunger strikes.

A politician is a person active in party politics, or a person holding or seeking office in government. Politicians propose, support and create laws or policies that govern the land and, by extension, its people. Broadly speaking, a "politician" can be anyone who seeks to achieve political power in any bureaucratic institution.

See also

Related Research Articles

Sexual harassment is bullying or coercion of a sexual nature and the unwelcome or inappropriate promise of rewards in exchange for sexual favors. Sexual harassment includes a range of actions from mild transgressions to sexual abuse or assault. Harassment can occur in many different social settings such as the workplace, the home, school, churches, etc. Harassers or victims may be of either gender.

Human rights in Australia have largely been developed under Australian Parliamentary democracy through laws in specific contexts and safeguarded by such institutions as an independent judiciary and High Court which implement the Common Law, the Australian Constitution and various other laws of Australia and its states and territories. Australia also has an independent statutory human rights body, the Australian Human Rights Commission, which investigates and conciliates complaints, and more generally promotes human rights through education, discussion and reporting.

Anti-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religious, creed, or individual political opinions.

Harassment is a topic which, in the past couple of decades, has been taken increasingly seriously in the United Kingdom, and has been the subject of a number of pieces of legislation.

Employment discrimination law in the United States derives from the common law, and is codified in numerous state and federal laws, particularly the Civil Rights Act of 1964, as well as in the ordinances of counties and municipalities. These laws prohibit discrimination based on certain characteristics or protected categories. The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers.

The California Fair Employment and Housing Act of 1959, codified as Government Code §§12900 - 12996, is a California statute used to fight sexual harassment and other forms of unlawful discrimination in employment and housing, which was passed on September 18, 1959.

Anti-Discrimination Act 1977

The New South Wales Anti-Discrimination Act 1977 is an Act of the NSW Parliament, relating to discrimination in employment, the public education system, delivery of goods and services, and other services such as banking, health care, property and night clubs.

Equality Act 2010 UK Act of Parliament codifying anti-discrimination law

The Equality Act 2010 is an Act of Parliament of the United Kingdom with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-discrimination law in Great Britain. These consisted, primarily, the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and three major statutory instruments protecting discrimination in employment on grounds of religion or belief, sexual orientation and age.

The Equality Commission for Northern Ireland is a non-departmental public body in Northern Ireland established under the Northern Ireland Act 1998. "The Commission is responsible for implementing the legislation on sex discrimination and equal pay, race relations, sexual orientation, age, religious or similar philosophical belief, political opinion and disability. The Commission’s remit also includes overseeing the statutory duties on public authorities to promote equality of opportunity and good relations under Section 75 of the Northern Ireland Act 1998."

A protected group or protected class is a group of people qualified for special protection by a law, policy, or similar authority. In the United States, the term is frequently used in connection with employees and employment.

Sex Discrimination Act 1984 Act of the Parliament of Australia, currently registered as C2017C00383

The Sex Discrimination Act 1984 is an Act of the Parliament of Australia which prohibits discrimination on the basis of sex, marital or relationship status, actual or potential pregnancy, sexual orientation, gender identity, intersex status or breastfeeding in a range of areas of public life. These areas include work, accommodation, education, the provision of goods, facilities and services, the activities of clubs and the administration of Commonwealth laws and programs. The Australian Human Rights Commission investigates alleged breaches of the Act. The office of Sex Discrimination Commissioner, created in 1984 alongside the Act, is a specialist commissioner within the AHRC.

LGBT rights in Queensland

Lesbian, gay, bisexual, and transgender (LGBT) rights in Queensland have advanced significantly from the late 20th century onwards, in line with national progress on the issue. Private consensual sex between men has been legal in the state since 1991, with lesbian sexual acts never criminalised. The age of consent was equalised to 16 years for all sexual acts in 2016. Sexuality and gender identity are protected attributes under both Queensland and federal Australian anti-discrimination laws. Same-sex couples are able to marry under federal law, enter into a civil partnership under state law or live together in an unregistered de facto relationship. Same-sex couples may become parents through adoption, foster care, altruistic surrogacy and, for lesbian couples, IVF.

The hate speech laws in Australia give redress to someone who is the victim of discrimination, vilification, or injury on grounds that differ from one jurisdiction to another. All Australian jurisdictions give redress when a person is victimised on account of colour, ethnicity, national origin, or race. Some jurisdictions give redress when a person is victimised on account of colour, ethnic origin, religion, disability, gender identity, HIV/AIDS status or sexual orientation.

Employment practices liability is an area of United States labor law that deals with wrongful termination, sexual harassment, discrimination, invasion of privacy, false imprisonment, breach of contract, emotional distress, and wage and hour law violations. It may be categorized as a form of professional liability. Employment practices liability insurance (EPL) is sold as a type of management liability insurance, which is related to professional liability insurance.

Aboriginal Shire of Yarrabah Local government area in Queensland, Australia

The Aboriginal Shire of Yarrabah is a special local government area in Far North Queensland, Queensland, Australia, east and southeast of Cairns on Cape Grafton. It is managed under a Deed of Grant in Trust under the Local Government Act 2004.

LGBT rights in Alaska

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Alaska may face some legal challenges not experienced by non-LGBT Alaskans. Same-sex sexual activity has been legal since 1980, and same-sex couples have had the right to marry since October 2014. Nevertheless, the state offers few legal protections on the basis of sexual orientation and gender identity, leaving LGBT people vulernable to employment, housing, and public accommodations discrimination. Discrimination against state employees on account of their sexual orientation is illegal, and three Alaskan cities, Anchorage, Juneau, and Sitka, representing about 46% of the Alaskan population, have enacted anti-discrimination ordinances covering both categories.

The regulation of LGBT employment discrimination in the United States varies by jurisdiction. Many states and localities prohibit bias in hiring, promotion, job assignment, termination, and compensation, as well as harassment on the basis of one's sexual orientation. Fewer extend those protections to cover sexual identity. Some cover government employees, but do not extend their protections to the private sector. Protections at the national level are limited. There is no federal statute explicitly addressing employment discrimination based on sexual orientation or gender identity. However, the Equal Employment Opportunity Commission (EEOC) interprets Title VII of the Civil Rights Act of 1964 to cover discrimination against LGBT employees, as "allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex". This interpretation in essence bars employment discrimination on the basis of sexual orientation in accordance with the Civil Rights Act of 1964. In 2012 the Equal Employment Opportunity Commission ruled that Title VII of the Civil Rights Act of 1964 does not allow gender identity-based employment discrimination because it is a form of sex discrimination. Then in 2015, the Equal Employment Opportunity Commission concluded that Title VII of the Civil Rights Act of 1964 does not allow sexual orientation discrimination in employment because it is a form of sex discrimination. However, these rulings, while persuasive, may not be binding in courts.

Aboriginal Shire of Hope Vale Local government area in Queensland, Australia

The Aboriginal Shire of Hope Vale is a local government area in Far North Queensland, Queensland, Australia, north of the town of Cooktown. The majority of the Shire consists of Deed of Grant land that is held for the benefit of Aboriginal people particularly concerned with the land and their ancestors and descendants.

The law for workplace bullying is given below for each country in detail. Further European countries with concrete antibullying legislation are Belgium, France, and The Netherlands.

Freedom of religion in Australia is allowed in practice and protected to varying degrees through the constitution and legislation at the Federal, State and Territory level. Australia is a secular country with legislated separation of church and state and with no state religion. The nation has over 13.5 million people who identify as religious and 7.1 million who identify as irreligious.

References

  1. ↑ "ADCQ : Legislation". www.adcq.qld.gov.au. Retrieved 2016-11-24.
  2. ↑ "ADCQ : Frequently Asked Questions". www.adcq.qld.gov.au. Retrieved 2016-11-24.
  3. ↑ "Anti-Discrimination Act 1991". www.austlii.edu.au. Retrieved 2016-11-24.
  4. ↑ "ADCQ : About us". www.adcq.qld.gov.au. Retrieved 2016-11-24.
  5. ↑ Robinson, Olivia (17 November 2016). "25 years of the Anti-Discrimination Act 1991". John Oxley Library Blog. State Library of Queensland. Retrieved 2016-11-24.
  6. ↑ "ADCQ : Human rights in focus". www.adcq.qld.gov.au. Retrieved 2016-11-24.