Federal Discrimination Law

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Federal Discrimination Law

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Table of Contents

Introduction

• 1.1 Nature and Scope of this Publication
  
• 1.2 ‘HREOC’ and the ‘Australian Human Rights Commission’
  
• 1.3 What is ‘Unlawful Discrimination’?
  
• 1.4 The Brandy Decision and the Commission’s Former Hearing Function
  

• 2.1 Introduction to the ADA
  
• 2.2 Age Discrimination Defined
  
• 2.3 Proscribed Areas of Age Discrimination
  
• 2.4 Ancillary Liability
  
• 2.5 Victimisation
  
• 2.6 General Exemptions Under the ADA
  

• 3.1 Introduction to the RDA
  
• 3.2 Racial Discrimination Defined
  
• 3.3 Exceptions
  
• 3.4 Racial Hatred
  
• 3.5 Victimisation
  
• 3.6 Vicarious Liability
  

• 4.1 Introduction to the SDA
  
• 4.2 Direct Discrimination Under the SDA
  
• 4.3 Indirect Discrimination Under the SDA
  
• 4.4 Special Measures Under the SDA
  
• 4.5 Areas of Discrimination
  
• 4.6 Sexual Harassment
  
• 4.7 Exemptions
  
• 4.8 Victimisation
  
• 4.9 Vicarious Liability
  
• 4.10 Aiding or Permitting an Unlawful Act
  

• 5.1 Introduction to the DDA
  
• 5.2 Disability Discrimination Defined
  
• 5.3 Areas of Discrimination
  
• 5.4 Ancillary Liability
  
• 5.5 Unjustifiable Hardship and Other Exemptions
  
• 5.6 Victimisation
  

• 6.1 Introduction
  
• 6.2 Parties to a complaint to the Commission
  
• 6.3 Interim Injunctions
  
• 6.4 Election of Jurisdiction
  
• 6.5 AHRC Act is an Exclusive Regime
  
• 6.6 Scope of Applications Made Under s 46PO of the AHRC Act to the FMC and Federal Court
  
• 6.7 Relevance of Other Complaints to the Commission
  
• 6.8 Pleading Direct and Indirect Discrimination as Alternatives
  
• 6.9 Applications for Extension of Time
  
• 6.10 State Statutes of Limitation
  
• 6.11 Interim Injunctions Under s 46PO(6) of the AHRC Act
  
• 6.12 Applications for Summary Disposal
  
• 6.13 Application for Dismissal for Want of Prosecution
  
• 6.14 Application for Suppression Order
  
• 6.15 Interaction Between the FMC and the Federal Court
  
• 6.16 Appeals from the FMC to the Federal Court
  
• 6.17 Approach to Statutory Construction of Unlawful Discrimination Laws
  
• 6.18 Standard of Proof in Discrimination Matters
  
• 6.19 Contempt of Court
  
• 6.20 Miscellaneous Procedural and Evidentiary Matters
  

• 7.1 Section 46PO(4) of the Australian Human Rights Commission Act 1986 (Cth)
  
• 7.2 Damages
  
• 7.3 Apologies
  
• 7.4 Declarations
  
• 7.5 Orders Directing a Respondent Not to Repeat or Continue Conduct
  
• 7.6 Other Remedies
  

• 8.1 Introduction
  
• 8.2 Usual Principles of Costs to Apply
  
• 8.3 Factors Considered
  
• 8.4 Applications for Indemnity Costs
  
• 8.5 Application of s 47 of the Legal Aid Commission Act 1979 (NSW) to Human Rights Cases in the FMC
  

This version current to: 21 October 2011

© Australian Human Rights Commission 2011

Copying is permissible with acknowledgement of the authorship of the Australian Human Rights Commission, Sydney.

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