A reform agenda for federal discrimination laws December 2021 There are two other streams of complaint handling by the Commission at the federal level. Other grounds of discrimination in the context of employment were introduced in 1986, in the AHRC Act. This includes protected attributes of irrelevant criminal record, religion and union activity, with the protected areas referable to Australia’s obligations under the ILO Convention 111 on discrimination (Employment and occupation).25 These provisions do not operate in the same manner as the above unlawful discrimination grounds. If a complaint is not resolved at conciliation, the complainant has no pathway to proceed to Court. There is also an ability to lodge complaints for certain human rights grounds in relation to acts or practices of the Commonwealth under the AHRC Act. This also lacks the pathway for resolution to the courts that exists under the unlawful discrimination provisions. Figure 1.4: The complaints handling jurisdictions Three complaints jurisdictions of the Australian Human Rights Commission ‘Discrimination in employment’ jurisdiction (ILO 111) ‘Unlawful discrimination’ Sex Discrimination Act: Racial Discrimination Act: • Religion • Irrelevant criminal record • Sex • Race • Political opinion • Trade union activity • Pregnancy • Colour • Marital or relationship • Descent status • National or ethnic origin • Breastfeeding • Immigrant status • Gender identity • Intersex status • Sexual orientation • Family responsibilities Note: no pathway to court ‘Human rights’ complaints • International Covenant on Civil and Political Rights (ICCPR) • Convention Concerning Discrimination in Respect of Employment and Occupation (ILO 111) • Convention on the Rights of Persons with Disabilities • Convention on the Rights of the Child Age Discrimination Act: Disability Discrimination Act: • Declaration of the Rights of the Child • • • Declaration on the Rights of Disabled Persons • Declaration on the Rights of Mentally Retarded Age Disability Persons • Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. Note: no pathway to court FREE AND EQUAL An Australian Conversation on Human Rights 29