Law Compliance Report - current edition - Report - Page 4
August 2024 Edition
Australian Capital Territory Update
Discrimination Amendment Act 2023 (ACT)
The Discrimination Amendment Act 2023 (ACT) (the Amending Act) was notified on 11 April
2023 and commenced on 11 April 2024, amending the Discrimination Act 1991 (ACT) (the
Act).
Background
The Amending Act aims to strengthen protections
against discriminatory practices and sexual
harassment in various areas. In this regard, it:
•
expands the scope of discrimination and sexual
harassment prohibitions to encompass formally
organised sporting activities, competitions, and
the administration of Territory laws, government
programs and policy by a public authority; and
•
mandates a positive duty on organisations to
make reasonable adjustments to accommodate a
person’s particular need arising from a protected
attribute; and
•
mandates a positive duty on organisations and
their staff who have organisational management
responsibility to take reasonable and
proportionate steps to eliminate discrimination,
sexual harassment and unlawful vilification.
Expanding Anti-Discrimination Protection in
Public Life
In relation to the new section 23C, a public
authority is defined as any of the following:
•
an administrative unit;
•
a Territory authority;
•
a Territory instrumentality;
•
a Minister;
•
a public employee;
•
an entity whose functions are or include functions
of a public nature, when it is exercising those
functions for the Territory, or an entity mentioned
in the above dot points (whether or not under
contract).
Expanding Protections Against Sexual
Harassment
The Amending Act inserts new sections 65 to 67
into the Act to broaden the prohibition on sexual
harassment to the areas of sport, competitions and
the administration of Territory laws, as follows:
•
Section 65 makes it unlawful for a person
organising, managing or participating in a sports
activity to sexually harass another individual who
is involved in the same activity;
•
Section 66 makes it unlawful for a person
organising, managing or participating in a
competition to sexually harass another individual
who is involved in the same activity; and
•
Section 67 makes it unlawful for a person to
subject another person to sexual harassment
whilst administering a Territory law or an ACT
Government program or policy.
New sections 23A to 23C of the Act expand the
following areas of public life in which discrimination
is prohibited:
•
Section 23A prohibits discrimination by organisers
or administrators of formally organised sports
(including a coach or manager) against another
person in relation to participation in the activity;
•
Section 23B similarly prohibits discrimination by
those running formally organised competitions
against another person in relation to participation
in the competition;
•
Section 23C makes it unlawful for a public
authority to discriminate against a person when
administering a territory law, or an ACT
government program or policy. This does not
apply to the Office of the Legislative Assembly or
an ACT court.
Positive duties
The new Part 9 created by the Amending Act
outlines the positive duties to which organisations
will be subject.
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