Phase 1 reforms start

The first round of reforms to the Anti-Discrimination Act 1992 have now commenced.

This means greater protection for vulnerable groups. The new protected attributes are:

• Language (including sign language)
• Gender identity
• Sex characteristics
• Accommodation status
• Employment status
• Employment in sex work or engaging in sex work including past employment in sex work or engagement in sex work
• HIV/ Hepatitis
• Subject to Domestic violence

Protection will now also exist in the context of:

• The administration of laws and government programs
• child care and education in custodial settings
• volunteers at work

There will be protection for offensive conduct (vilification) for all attributes.

A person must not do an act that is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people. The act is done because of an attribute of the other person or some or all of the people in the group. The act is done in public.

There are exemptions under the act that exclude some conduct such as artistic work, fair and accurate reporting of an event or matter of public interest. Please check out our website for information or contact us if you have particular questions.

Sexual harassment will not be limited to an area such as work. This will enable people to speak up and complain about sexual harassment without the legal barriers that have existed previously. It will also create rights for service providers who experience sexual harassment from customers.

If you want to know more about the reforms check out our website. If you are business and want to know more about how these reforms may apply to you please check out our training. If you have particular questions that may relate to issues you are currently experiencing then please contact us through our enquiry line (include details).