Law Compliance Report - current edition - Report - Page 5
August 2024 Edition
Section 74 outlines a new positive duty for
organisations to make reasonable adjustments to
accommodate another individual’s needs when
those needs are identified as arising from a
protected attribute under the Act. It also provides
that an adjustment is not reasonable if it would
cause unjustifiable hardship to the person making
the adjustment. Under the new section 5B, in
deciding whether unjustifiable hardship would be
imposed on a person by having to accommodate
another person’s protected attribute, all relevant
circumstances must be taken into account, including
the following:
•
the benefit or detriment likely to be received or
experienced by each person;
•
the protected attributes of the other person;
•
the estimated cost to, and financial circumstances
of, the person claiming unjustifiable hardship.
The new section 75 applies to an organisation or
business, and any individual with organisational
management responsibility for an organisation or
business, required under this Act not to engage in
discrimination, sexual harassment or unlawful
vilification. In particular, it provides that the
organisation, business or individual must take
reasonable and proportionate steps to eliminate the
discrimination, sexual harassment and unlawful
vilification. When assessing the reasonableness and
proportionality of actions, all relevant factors, such
as the nature and size of the organization, available
resources, business priorities, and the practicality
and cost of the steps, must be taken into
consideration.
It is important to note that section 75(4) provides
that the positive duty does not apply to an
administrative unit, Territory authority or Territory
instrumentality or individuals within these entities
until 11 April 2025, and to all other duty holders
until 11 April 2027.
Section 76 provides that the duties provided for in
sections 74 and 75 do not apply to an organisation
who can rely on an exception under Part 4 of the
Act or an exemption under Part 10 of the Act.
Conclusion
The new provisions set out above require
organisations to take proactive steps to ensure they
comply with the corresponding new obligations.
With the expansion of anti-discrimination
protections in sport and competitions and
mandating positive duties to accommodate diverse
needs and eliminate discrimination, sexual
harassment and unlawful vilification, organisations
should prioritise compliance, by reviewing their
policies and procedures and implementing the
necessary adjustments to their current frameworks.
For more information please contact our team on 1300 862 667
or visit our website www.lawcompliance.com.au
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