Equal Opportunity Act

https://www.austlii.edu.au/au/legis/vic/consol_act/eoa2010250/

Victoria’s Equal Opportunity Act recognises that 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. This includes identifying and eliminating the systemic causes of discrimination and promoting the progressive realisation of equality. Under the Equal Opportunity Act it is unlawful to discriminate against a person because of a protected personal characteristic. 

It is also against the law to sexually harass someone or to victimise them for speaking up about their rights, making a complaint, helping someone else make a complaint or refusing to do something that would be contrary to the Equal Opportunity Act. 

The Act includes a positive duty to eliminate discrimination, sexual harassment and victimisation as far as possible. This means that, instead of simply reacting to complaints of discrimination or sexual harassment, organisations must be proactive about discrimination and take steps to prevent it from occurring. 

The Act also prohibits vilification (hate speech and hateful behaviour), recognising that vilification impacts our ability to feel safe, welcome and included in society. Previously, people could only complain to the Commission about vilification based on race or religious belief. Now people can complain about vilification based on attributes including:  

• disability, 

• gender identity,  

• race,  

• religious belief,  

• sex,  

• sex characteristics,  

• sexual orientation,  

• and personal association with someone who has one of those attributes. 

The harm caused by vilification can be severe, affecting the physical and psychological wellbeing of individuals as well as whole communities’ ability to participate in public life. 

The Act seeks to promote people’s ability to participate equally in all social, political, economic and cultural aspects of society. 

Unlike discrimination, the prohibition on vilification is not limited to conduct in specific areas of public life, such as at work, at school, or in the provision of goods and services. Rather, it applies to any vilifying conduct that happens in public. Vilifying conduct in the street, at a community event or in the media, for instance, is covered by the Act. 

It is also against the law to victimise someone who has made a complaint of vilification. 

The Commission provides a free dispute resolution service to help people resolve their complaints of discrimination, sexual harassment, vilification or victimisation. 

People can also take a complaint directly to the Victorian Civil and Administrative Tribunal for determination. 

For more detailed information 

Download the Equal Opportunity Act 2010 quick guide for an overview of the Act. 

Or visit Victorian Discrimination Law, our digital resource for practice guidance, case law and analysis of discrimination, sexual harassment,  vilification and victimisation law in Victoria. 

While the Equal Opportunity Act makes it against the law to discriminate against someone because of specific personal characteristics protected by the law, it also recognises that discrimination may be justified in certain circumstances. 

An exception or exemption is a defence to discrimination. People or organisations who rely on this defence must show that the exception or exemption applies. 

People and organisations can also take positive steps to help disadvantaged groups by using special measures. Special measures do not require an exemption from the operation of the Act. 

Where an exception, exemption or special measure applies, discrimination is not against the law. 

Similarly, while the Equal Opportunity Act makes it against the law to vilify someone because of their specific personal characteristics protected by the law, it also recognises that we have a right to freedom of expression in Victoria, which may sometimes justify challenging behaviour that would otherwise be vilification.  

The Commission provides a free dispute resolution service to help people resolve their complaints of discrimination, sexual harassment, vilification or victimisation.

 

We also have a range of functions to promote equality and eliminate discrimination, which include educating government, business and the public about Victoria’s human rights laws, undertaking research and reporting. 

The Commission may intervene in cases or appear as amicus curiae to assist a court or tribunal considering equal opportunity issues. See a list of our legal interventions. 

Our policy submissions engage in government policy processes, inquiries and law reform activities to help ensure equality issues are considered. See a list of our policy submissions. 

In addition, we hold several statutory functions to encourage and facilitate best practice and compliance, including reviews and investigations.