Category Archives: Discrimination Law

Innes v Rail Corporation of NSW (No 2) [2013] FMCA 36

ON THIS DAY IN 2013, the Federal Magistrates Court delivered Innes v Rail Corporation of NSW (No 2) [2013] FMCA 36 (1 February 2013).

http://www.austlii.edu.au/au/cases/cth/FMCA/2013/36.html

The Commonwealth Disability Discrimination Commissioner successfully sued the Rail Corporation of NSW on the grounds that it failed to provide audible train announcements for the hearing impaired.

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Street v Queensland Bar Association [1989] HCA 53 | 16 November 1989

ON 16 NOVEMBER 1989, the High Court of Australia delivered Street v Queensland Bar Association [1989] HCA 53; (1989) 168 CLR 461 (16 November 1989).

http://www.austlii.edu.au/au/cases/cth/HCA/1989/53.html

Section 117 of the Australian Constitution provides: “A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State”.

The Rules of Court for Barristers applying for admission in Queensland were held to not apply to Mr Street as they contravened s117 of the Constitution by requiring him to have an intention of practising principally in Queensland.

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Criminal Records Amendment (Historical Homosexual Offences) Bill 2014

ON 23 OCTOBER 2014, the NSW Parliament passed the Criminal Records Amendment (Historical Homosexual Offences) Bill 2014.

The legislation amends the Criminal Records Act 1991 (NSW) by providing a process for extinguishing convictions for certain consensual homosexual conduct that was illegal in New South Wales up until 1984. The process also covers conduct that ceased to be an offence when the unequal age of consent laws were changed in 2003.

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O’Callaghan v Loder [1983] 3 NSWLR 89 | 30 September 1983

ON 30 SEPTEMBER 1983, the Supreme Court of NSW delivered O’Callaghan v Loder [1983] 3 NSWLR 89; [1984] EOC 92-023; (1983) 5 IR 320.

O’Callaghan was a junior lift attendant who sued the Commissioner for Main Roads for sex discrimination alleging sexual harassment.

O’Callaghan was unsuccessful in proving her allegations.

This was Australia’s first judicial decision on sex discrimination involving sexual harassment. It established the principle that sexual harassment is a form sex discrimination.

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Electoral Act 1893 (NZ) | 19 September 1893

ON 19 SEPTEMBER 1893, New Zealand women were the first in the world to be granted the right to vote with the enactment of the Electoral Act 1893 (57 VICT 1893 No 18).

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Study into Age Discrimination in the Workplace

CANBERRA. Age Discrimination Commissioner Susan Ryan today announced that Roy Morgan Research has been hired to do a study into the prevalence of age discrimination in Australian workplaces.

The Commissioner expects an interim report end of the year and a full report released to the public by March next year.

Lawyers

Sydney, Australia

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Declaration of Rights for Older People

The Welsh Government has produced the Declaration of Rights of Older People in Wales.

The declaration is the first of its kind in the world. It’s purpose is to clarify the rights of older people in Wales. It aims to help older people understand:

  • how the rights apply to them;
  • how they access the rights more effectively; and
  • how the rights relate to the current equality and human rights laws.

The declaration also aims to set out the expectations of older people for the benefit of those responsible for providing them with public services.

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Sydney, Australia

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Anti-Discrimination Regulation 2014

ON 29 AUGUST 2014, the NSW Government made the Anti-Discrimination Regulation 2014. The regulation among other things amends the Anti-Discrimination Regulation 2009 to allow registered clubs to lawfully provide to a member a concession (such as reduced membership fees), by reason of their age.

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Disability Inclusion Act 2014 (NSW)

ON 26 AUGUST 2014, the NSW Parliament enacted the Disability Inclusion Act 2014 (NSW).

The Act is described as: “An Act relating to the accessibility of mainstream services and facilities, the promotion of community inclusion and the provision of funding, support and services for people with disability; and for other purposes”.

The Act will commence on a day or days to be proclaimed.

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Sydney, Australia

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Vergara v Ewin [2014] FCAFC 100

ON 12 AUGUST 2014, the Full Court of the Federal Court of Australia delivered Vergara v Ewin [2014] FCAFC 100 (12 August 2014).

http://www.austlii.edu.au/au/cases/cth/FCAFC/2014/100.html

The Full Court of the Federal Court of Australia dismissed an appeal against last year’s Federal Court decision in Ewin v Vergara (No 3) [2013] FCA 1311 (5 December 2013) in which Mrs Ewin was awarded damages for sexual harassment in the amount of $476,163 together with interest.

Lawyers

Sydney, Australia

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