Issue Changes proposed by Option Impact analysis Unlawful discrimination Discrimination means: Removes the requirement (from Costs: unfavourable treatment because of an SDA, DDA, ADA) to construct No significant costs as attribute, or hypothetical comparator to determine changes will have no practical a condition, requirement or practice that discrimination. impact disadvantages people with an attribute. Removes the requirement (from Benefits: Special measures to achieve equality do DDA, RDA) that the person cannot not constitute discrimination. comply with the condition. Makes it easier to Recognise discrimination on the of a Clarifies that attributebased understand the law. Small combination of attributes (intersectional harassment constitutes discrimination. cost savings for legal advice discrimination) Single special measures test over time through reduction of The scope of each attribute includes: clarifies the operation of this provision need to be familiar with case characteristics associated with the attribute, (largely adopts existing concepts, law. either actually, generally or assumed although different language is used in past or potential future attributes each Act) assumed attributes, and Express recognition that having an associate with the attribute discrimination can be because of a combination of attributes. Ensures scope of in DDA ‘disability’ applies to all attributes When discrimination and other conduct is unlawful and when it is not unlawful
Issue Changes proposed by Option Impact analysis Unlawful discrimination Discrimination means: unfavourable treatment because of an attribute, or a condition, requirement or practice that disadvantages people with an attribute. Special measures to achieve equality do not constitute discrimination. Recognise discrimination on the of a combination of attributes (intersectional discrimination) The scope of each attribute includes: characteristics associated with the attribute, either actually, generally or assumed past or potential future attributes assumed attributes, and having an associate with the attribute Removes the requirement (from SDA, DDA, ADA) to construct hypothetical comparator to determine discrimination. Removes the requirement (from DDA, RDA) that the person cannot comply with the condition. Clarifies that attributebased harassment constitutes discrimination. Single special measures test clarifies the operation of this provision (largely adopts existing concepts, although different language is used in each Act) Express recognition that discrimination can be because of a combination of attributes. Ensures scope of ‘disability’ in DDA applies to all attributes Costs: No significant costs as changes will have no practical impact Benefits: Makes it easier to understand the law. Small cost savings for legal advice over time through reduction of need to be familiar with case law. When discrimination and other conduct is unlawful and when it is not unlawful
Consolidation%20of%20Commonwealth%20Anti-Discrimination%20Laws%20-%20Regulation%20Impact%20Statement.docx