Victorian Discrimination Law

Victorian Discrimination Law

Published by the Victorian Equal Opportunity and Human Rights Commission

current to 20 December 2021

Message from the Commission

As we near 45 years of Victoria's equal opportunity laws, we have seen progressive growth in our understanding of the impact of discrimination in our community.

Victoria's Equal Opportunity Act 2010 recognises discrimination can cause social disadvantage, and access to opportunities is not equitably distributed through society.

The law, therefore, plays a critical role in providing a framework to recognise rights and to eliminate discrimination, sexual harassment, and victimisation as much as possible.

As our understanding of the nature and impact of discrimination has progressed, so have our laws. In 2013, the Commission released Victorian Discrimination Law to give the community clear, accessible information about the anti-discrimination laws in this state.

At the time, Victoria's Equal Opportunity Act had been substantially revised, with key changes to legal definitions of discrimination, a new, simpler dispute resolution process, and greater scope to address systemic discrimination.

Victorian Discrimination Law quickly became an essential tool for navigating the anti-discrimination landscape in Victoria. We update this resource as changes are made to the Equal Opportunity Act.

Victorian Equal Opportunity and Human Rights Commission

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Table of Contents

• Explaining this resource
• Explaining the types of discrimination
• Protected attributes
• Areas of public life in which discrimination is prohibited
• Reasonable adjustments for people with a disability
• Permanent exceptions to discrimination
• Temporary exemptions by VCAT
• Special measures
• Sexual harassment
• Other prohibited conduct
• Vicarious liability
• Racial and religious vilification
• Resolving disputes
• Remedies for discrimination
• Procedures and evidence
• Compliance powers