CHAPTER CONTENTS
Discrimination and Human Rights Legislation
Discrimination under Queensland Legislation
Discrimination Explained
Prohibited Grounds for Discrimination
Prohibited Areas of Activity for Discrimination
General Exemptions for Discrimination
Sexual Harassment
Vilification
Victimisation in Discrimination Matters
Complaints Regarding Discrimination in Queensland
Discrimination Complaints – Employer’s Liability for the Acts of Workers
Making a Discrimination Complaint
Rejection of a Discrimination Complaint
Conciliation Regarding Discrimination Complaints
Discriminatory Offences and Court Processes in Queensland
Criminal Offences under the Anti-discrimination Act
Tribunal Hearings of Discrimination Complaints
Tribunal Powers in Discrimination Matters
Appeals in Discrimination Matters
Discrimination under Commonwealth Legislation
Racial Discrimination
Sex Discrimination
Disability Discrimination
Age Discrimination
Proceedings in Discrimination Matters under Commonwealth Legislation
Australian Human Rights Commission
Complaints under the Commonwealth Human Rights and Anti-discrimination Scheme
Discrimination Complaints in the Federal Court and the Federal Circuit Court
Case of Unlawful Discrimination
Court Processes in Discrimination Matters
The Australian Human Rights Commission describes human rights as:
- the recognition and respect of people’s dignity
- a set of moral and legal guidelines that promote and protect a recognition of our values, our identity and ability to ensure an adequate standard of living
- the basic standards by which we can identify and measure inequality and fairness
- those rights associated with the Universal Declaration of Human Rights.
The Australian Human Rights Commission Act 1986 (Cth) contains a limited definition of human rights used for the purposes of that Act. Human rights are defined as those rights and freedoms recognised by or declared in the covenants, declarations or relevant international instruments. These include rights recognised by the:
- International Covenant on Civil and Political Rights
- Convention on the Rights of the Child
- Declaration of the Rights of the Child
- Declaration on the Rights of Mentally Retarded Persons
- Declaration on the Rights of Disabled Persons
- Convention on the Rights of Persons with Disabilities
- Declaration on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion or Belief.