Equal Opportunity Act 2010

This legislation protects people from discrimination on the basis of their individual attributes in certain areas of public life, and provides redress for people who have been discriminated against. It also aims to eliminate, as far as possible, discrimination, sexual harassment and victimisation.

The Equal Opportunity Act 2010 amended the Act’s statutory framework to enable it to address systemic discrimination. It introduced a ‘positive duty’, which obliges all organisations covered by the Act, to take reasonable, proportionate and proactive steps towards eliminating discrimination.  In addition, the term ‘impairment’ was replaced with ‘disability in this version of the Act’, but retained the same definition.

 

History of the Equal Opportunity Act in Victoria

In 1977, the Victorian Government enacted the state’s first Equal Opportunity Act, targeting discrimination on the basis of sex and marital status. The Act also created the Equal Opportunity Board and the Office of the Equal Opportunity Commissioner.

In 1983, the Equal Opportunity (Discrimination Against Disabled Persons) Act 1982, came into force. It addressed discrimination against people with an impairment by including intellectual impairment along with physical disability.

In 1984, a new version of the Equal Opportunity Act added further protected attributes – race, religion, ethnic origin, political belief and de-facto spouse status. Sexual harassment also became against the law.

in 1993, the Equal Opportunity Commissioner was replaced with a five-member Equal Opportunity Commission. The Commission was led by a Chairperson and one of the five members was the Chief Conciliator.

In 1995 another version further developed the range of protected attributes under the Act.

In 2006 the Commission’s name was changed to the Equal Opportunity and Human Rights Commission to coincide with the introduction of the Victorian Charter of Human Rights and Responsibilities Act 2006.

 

Download legislation (off-site)
Author:
Department of Justice and Community Safety

Source:
State of Victoria

Date published:
Fri 23rd Apr, 2010