A reform agenda for federal discrimination laws
13
December 2021
Australian Human Rights Commission, Respect@Work: National Inquiry into Sexual Harassment in Australian
Workplaces (2020), 22.
14
Deloitte Access Economics, The Economic Costs of Sexual Harassment in the Workplace (Final Report, February
2019) 6.
15
Deloitte Access Economics, The Economic Costs of Sexual Harassment in the Workplace (Final Report, February
2019) 52.
16
Deloitte Access Economics, The Economic Costs of Sexual Harassment in the Workplace (Final Report, February
2019) 38–42. See especially Table 4.3.
17
Australian Human Rights Commission, Respect@Work: National Inquiry into Sexual Harassment in Australian
Workplaces (2020) 81.
18
Yin Paradies et al, ‘Racism as a Determinant of Health: A Systematic Review and Meta-Analysis’ (2015) 10(9)
PLoS ONE, 1; <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4580597/pdf/pone.0138511.pdf>.
19
International Convention on the Elimination of All Forms of Racial Discrimination, opened for signature 7 March
1966, 660 UNTS 195 (entered into force 4 January 1969). Human Rights Commission, Annual Report, 1981–
82, vol 1, 7. The first law at state level was the Prohibition of Discrimination Act 1966 (SA), which outlawed
discrimination on the basis of race. For historical background to anti-discrimination law, see eg, Gaze and
Smith ch 2.
20
Other Commissioners were added in the fields of Children and Aboriginal and Torres Strait Islander Social
Justice through, respectively: Human Rights and Equal Opportunity Legislation Amendment Act (No 2) 1992 (Cth);
Australian Human Rights Commission Amendment (National Children’s Commissioner) Act 2012 (Cth).
21
Eg, Racial Discrimination Act 1975 (Cth) ss 24, 25.
22
It was also the basis of complaint handling under the Commission’s predecessor body, the Community
Relations Commission established under the Racial Discrimination Act 1975 (Cth). See, eg, AJ Grassby, The
Future of Community Relations (Community Relations Paper No 16, August 1981) 4–5. The Hon Al Grassby
was the first Commissioner of Community Relations.
23
Belinda Smith, ‘What Kind of Equality Can We Expect from the Fair Work Act?’ (2011) 35(2) Melbourne University
Law Review 542, 553.
24
Belinda Smith, ‘What Kind of Equality Can We Expect from the Fair Work Act?’ (2011) 35(2) Melbourne University
Law Review 542, 560.
25
Discrimination (Employment and Occupation) Convention 1958 (No 111), opened for signature
25
June 1958, 362 UNTS 31 (entered into force 15 June 1960).
26
Sex Discrimination Act 1975 (SA); Anti-Discrimination Act 1977 (NSW); Equal Opportunity Act 1977 (Vic); Equal
Opportunity Act 1984 (WA); Anti-Discrimination Act 1991 (QLD); Discrimination Act 1991 (ACT); Anti-Discrimination
Act 1996 (NT); Anti-Discrimination Act 1998 (Tas).
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