Replaces detailed of areas of Discrimination is unlawful in connection with Costs: life, relationships and activities used in any area of public life Business and not-for-profit SDA, DDA, ADA, covering: Justifiable conduct is not unlawful organisations volunteers and voluntary workers Conduct is justifiable if done in good for Only in exceptional partnerships regardless of size a legitimate aim and is proportionate to that circumstances will all public clubs that maintain their aim. organisations need to facilities out of their funds (with Does not if employer could have made understand the intricacies or exceptions for clubs designed a reasonable adjustment to accommodate a detail of the changes made, specifically for people with a person’s disability. as the general principle of particular attribute) non-discrimination remains Factors to consider will provide guidance as all sporting activities (with exception unchanged. to when conduct is justifiable. where strength, stamina, physique Government Exception for discrimination in connection is relevant) Cost for AHRC and with an inherent requirement of a job. Justifiable conduct provides flexible government of education and Does not apply if employer could have approach, replacing use of many awareness campaign made a reasonable adjustment to specific exceptions and exemptions Benefits: accommodate a person’s disability. No practical change with inherent Business Inclusion of other specific exceptions from requirements, but single test will be Simple coverage provisions the existing Acts to provide certainty clearer make compliance easier Some exceptions and exemption Sexual harassment is unlawful in Flexible approach allows remain to provide certainty to be – connection with any area of public life no – individual circumstances to be reviewed within 3 exceptions apply considered Individuals Potential for reduced level of discrimination based on sex, disability and age or sexual harassment. Mechanisms to assist business
Discrimination is unlawful in connection with any area of public life Justifiable conduct is not unlawful Conduct is justifiable if done in good for a legitimate aim and is proportionate to that aim. Does not if employer could have made a reasonable adjustment to accommodate a person’s disability. Factors to consider will provide guidance as to when conduct is justifiable. Exception for discrimination in connection with an inherent requirement of a job. Does not apply if employer could have made a reasonable adjustment to accommodate a person’s disability. Inclusion of other specific exceptions from the existing Acts to provide certainty Sexual harassment is unlawful in connection with any area of public life – no exceptions apply Replaces detailed of areas of life, relationships and activities used in SDA, DDA, ADA, covering: volunteers and voluntary workers partnerships regardless of size all public clubs that maintain their facilities out of their funds (with exceptions for clubs designed specifically for people with a particular attribute) all sporting activities (with exception where strength, stamina, physique is relevant) Justifiable conduct provides flexible approach, replacing use of many specific exceptions and exemptions No practical change with inherent requirements, but single test will be clearer Some exceptions and exemption remain to provide certainty – to be reviewed within 3 Costs: Business and not-for-profit organisations Only in exceptional circumstances will organisations need to understand the intricacies or detail of the changes made, as the general principle of non-discrimination remains unchanged. Government Cost for AHRC and government of education and awareness campaign Benefits: Business Simple coverage provisions make compliance easier Flexible approach allows individual circumstances to be considered Individuals Potential for reduced level of discrimination based on sex, disability and age or sexual harassment. Mechanisms to assist business
Consolidation%20of%20Commonwealth%20Anti-Discrimination%20Laws%20-%20Regulation%20Impact%20Statement.docx