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Commonwealth Legislation |
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State Legislation |
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ECU Policies |
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ECU Statements |
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ECU Plans, Strategies and Action Plans |
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The Age
Discrimination Act 2004 helps
to ensure that people are
not treated less favourably
on the ground of age in various
areas of public life including:
- employment
- provision of goods and
services
- education
- administration of Commonwealth
laws and programs
Age discrimination is not
unlawful in employment if a
person is unable to carry out
the inherent requirements of
the particular employment because
of his or her age.
It is not unlawful discrimination
if an employee is taking particular
action in direct compliance
with an Award or Industrial
agreement or youth wages.
The Act also provides for
positive discrimination. That
is actions which provide a
genuine benefit to persons
of a particular age who experience
a disadvantage because of their
particular age.
The Act also provides for
a number of other exemptions
including the areas of:
- Superannuation
- Migration, Taxation and
Social Security laws
- State laws and other Commonwealth
laws
- Some health programmes.
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The principal objects of
this Act are:
- to promote the principle
that employment for women
should be dealt with on the
basis of merit; and
- to promote, amongst employers,
the elimination of discrimination
against, and the provision
of equal opportunity for,
women in relation to employment
matters; and
- to foster workplace consultation
between employers and employees
on issues concerning equal
opportunity for women in
relation to employment.
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The Disability
Discrimination Act 1992 has
as its major objectives
to
- eliminate discrimination
against people with disabilities
- promote community acceptance
of the principle that people
with disabilities have the
same fundamental rights as
all members of the community,
and
- ensure as far as practicable
that people with disabilities
have the same rights to equality
before the law as other people
in the community.
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The Disability
Standards for Education
2005
The Disability Standards
for Education (2005) (the Standards)
are formulated under the Disability
Discrimination Act 1992 (the
DDA). The primary purpose of
the standards is to clarify,
and make explicit, the obligations
of education and training service
providers under the DDA, and
the rights of people with disabilities
in relation to education and
training.
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The Human
Rights and Equal Opportunity
Commission Act 1986 established
the Commission. The Act
provides for the Commission's
administration and gives
it responsibility in relation
to seven international
instruments ratified by
Australia . These instruments
are
- International Covenant
on Civil and Political Rights
- International Labour Organisation
Discrimination (Employment)
Convention ILO 111
- Convention on the Rights
of the Child
- Declaration of the Rights
of the Child
- Declaration on the Rights
of Disabled Persons
- Declaration on the Rights
of Mentally Retarded Persons,
and
- Declaration on the Elimination
of All Forms of Intolerance
and of Discrimination Based
on Religion or Belief.
In addition, the Aboriginal
and Torres Strait Islander
Social Justice Commissioner
has specific functions under
the HREOC Act and
under the Native Title
Act,1993. These functions
relate to the monitoring of
the enjoyment or otherwise
by Indigenous people of their
rights under the law. The Sex
Discrimination Commissioner
also has responsibilities in
relation to federal awards
and equal pay under the Workplace
Relations Act 1996.
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The Sex
Discrimination Act 1984 gives
effect to Australia 's
obligations under the Convention
on the Elimination of All
Forms of Discrimination
Against Women and certain
aspects of the International
Labour Organisation (ILO)
Convention 156. Its major
objectives are to
- promote equality between
men and women
- eliminate discrimination
on the basis of sex, marital
status or pregnancy and,
with respect to dismissals,
family responsibilities,
and
- eliminate sexual harassment
at work, in educational institutions,
in the provision of goods
and services, in the provision
of accommodation and the
delivery of Commonwealth
programs.
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The Racial
Discrimination Act 1975 gives effect
to Australia 's obligations under the International
Convention on the Elimination of All Forms of
Racial Discrimination. Its major objectives are
to
- promote equality before
the law for all persons,
regardless of their race,
colour or national or ethnic
origin, and
- make discrimination against
people on the basis of their
race, colour, descent or
national or ethnic origin
unlawful.
The Racial Discrimination
Act 1975 (Cth) (‘the
RDA’) makes racial
discrimination in Australian
unlawful. The legislation
covers all of Australia and
can be used to ensure everyone
is treated equally, regardless
of their race, colour, descent,
or national or ethnic origin.
The RDA covers discrimination
in areas such as employment,
renting or buying property,
the provision of goods and
services, accessing public
places and in advertising.
Below are two examples provided
by the Human Rights and Equal
Opportunity web site, one for ‘direct
discrimination’ and
the other for ‘indirect
discrimination’ under
the RDA.
Racial discrimination happens
when someone is treated less
fairly because of their race,
colour, descent, national origin
or ethnic origin than someone
of a different 'race' would
be treated in a similar situation.
This is known as 'direct discrimination'.
It would be discrimination
if a real estate agent would
not rent you a house because
you are an Indigenous person.
Racial discrimination can
also happen when a policy or
rule that treats everyone in
the same way has an unfair
effect on more people of a
particular race, colour, descent,
or national or ethnic origin
than others. This is known
as ‘indirect discrimination’.
Unlike ‘direct discrimination’, ‘indirect
discrimination’ may be
justified if the policy or
rule is reasonable and relevant
to the particular circumstances.
A policy that says you have
to be a particular height or
weight to be employed in the
defence forces may be discriminatory
unless the requirements can
be justified.
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Equal
Opportunity Act 1984
Everybody deserves a "fair
go". It doesn't matter
what sex, race or age you are,
if you have a disability in
any way, your marital status,
pregnancy, your family status
or family responsibility, the
religious or political beliefs
you might hold, any spent convictions
you may have, your sexual orientation
or gender history - everybody
has the right to be treated
fairly.
The Equal Opportunity Act
gives everyone a fair go -
by law. It makes it unlawful
to discriminate against people
on certain grounds and areas
of public life. It means that
if any person believes they
have been discriminated against
in these ways, there is an
avenue they can pursue for
help.
The Equal Opportunity Act
was enacted by the Western
Australian Parliament in 1984.
Its objectives are clear:
- To eliminate discrimination
on the grounds of sex, marital
status or pregnancy, family
responsibility or family
status, race, religious or
political conviction, impairment,
age or gender history in
the areas of work, accommodation,
education, the provision
of goods, facilities and
services, access to places
and vehicles, land and the
membership of clubs
- To eliminate sexual and
racial harassment in the
workplace, educational institutions
and accommodation
- To promote community recognition
and acceptance of the equality
of men and women, and the
equality of people of all
races, regardless of their
religious or political convictions,
their impairments or their
age.
If you believe you have been
discrimination against in the
ways cited above, harassed
or bullied, the University
has procedures for the resolution
of complaints. For further
information refer to the policy
on Prevention of Harassment
Guidelines for the Resolution
of Reported Complaints.
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The Disability
Services Act 1993
The Disability Services
Act 1993, has been amended
in 2004 which provides that
each public authority must
have a disability access
and inclusion plan and must
lodge either new or amended
plans to the Commission.
Edith Cowan University has
a draft Disability Access and
Inclusion Plan and following
the completion of the Disability
Access Audit this Plan will
be finalised. The Disability
Access Audit is being carried
out by WHP Architects on Mt
Lawley, Joondalup and Bunbury
campuses in 2005.
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ECU
Statement of Commitment
to Indigenous Australians
This Commitment
extends to Indigenous students
and staff of the University,
the broader Indigenous community
and to raising awareness of
Indigenous culture and issues
amongst the general community.
The Equity Statement provides
a public articulation of ECU's
commitment to the provision
of a supportive environment
for students and staff which
celebrates diversity, promotes
excellence and advances equity.
ECU is and remains committed
to working collaboratively
and in partnership with the
Indigenous Australian community
in a spirit of cooperation
and reconciliation.
The Equity Action Plan provides for a whole-of-ECU approach to improving ECU performance and equity outcomes for students and staff.
The Indigenous Action Plan is aligned to the Equity Action Plan, but allows for a greater focus on Indigenous issues, with more targeted strategies and accountabilities.
ECU has recently developed
its Disability Access and Inclusion
Plan 2006 - 2010 in line with
the requirements of the Disability
Services Act.
The Plan is available in either PDF Format or Word Document Format.
If you have any difficulty
accessing the documents please
contact the Quality and Equity
Unit via email equ@ecu.edu.au for
assistance.
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