Australian Consumer & Competition Commission – ACCC
Commonwealth Body (www.accc.gov.au)
Administers and enforces the trade practices Act 1974 based on;
o Education – gives information to consumers via publication
o Negotiations – advising particular industries of their liabilities in relation to any
potential breaches of the Act
o Litigation – prosecutions for breaches of the Act
Equal Employment Opportunity (EEO) and Anti-Discrimination
Equal Opportunity Employment (Commonwealth Authorities Act), 1987
https://www.legislation.gov.au/Details/C2016C00775
The Equal Opportunity Act 2010 took effect in August 2011 and is monitored by the Human
Rights Commission. This new Act replaces the Equal Opportunity Act 1995 and strengthens
discrimination laws by changing some key definitions, creating new responsibilities for the
Commission, and strengthening the Commission’s role in helping government, business and
the community identify and eliminate discrimination.
The objectives of the Equal Opportunity Act 2010 are to encourage the identification and
elimination of discrimination, sexual harassment and victimisation and their causes, and to
promote and facilitate the progressive realisation of equality.
To do this the Commission will provide a timely and effective dispute resolution service and
has been given tools to encourage and facilitate best practice and compliance.
It is still against the law under the Equal Opportunity Act 2010 to discriminate against a person
on the personal characteristics listed in the Equal Opportunity Act 1995. 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 Equal Employment Opportunity Act requires certain Commonwealth authorities to
promote equal opportunity in employment for women and persons in designated groups. The
current version (version 20) of the Act was released on 1 July 2016.
o All eligible members of the community have a fair chance to gain a position,
o Selection is based on an applicant’s ability to perform the work required of the
position, and
o The best person (in terms of knowledge, skills, and abilities) is selected for the role.
A licensee must ensure that an employee is given equal opportunity to achieve in the
workplace. An employee cannot be denied access to work opportunities because of their age,
gender, marital status, physical impairment, race, parental status, or religious beliefs. Nor
must an employee be sexually harassed or discriminated against for any reason whatsoever.
Matters of particular relevance in an agency are:
o Remuneration
o Terms of employment
o Employment and recruitment advertising practices
o Promotion and advancement
o Professional and personal development opportunities
Some definitions under the Act:
designated group means any of the following classes of persons:
o members of the Aboriginal race of Australia or persons who are descendants of
indigenous inhabitants of the Torres Strait Islands.
o persons who have migrated to Australia and whose first language is not English, and
the children of such persons;
o persons with a physical or mental disability.
o any other class of persons prescribed by the regulations for the purposes of this
definition.
Discrimination means:
o discrimination that is unlawful under the Racial Discrimination Act 1975 or the Sex
Discrimination Act 1984; or
o discrimination by which a person with a physical or mental disability is, because of the
disability, treated less favourably than a person without the disability.
employee means a natural person appointed or engaged:
o under a contract of service, whether on a full-time, part-time, casual, or temporary
basis; or
o under a contract for services.
Employment matters includes:
o recruitment procedure, selection criteria, appointment, or engagement of persons as
employees.
o promotion and transfer of employees.
o training and staff development for employees; and
o conditions of service of employees.
program, in relation to a relevant authority, means an equal employment opportunity
program designed to ensure that appropriate action is taken by the authority:
o to eliminate discrimination by it against; and
o to promote equal opportunity for:
o women and persons in designated groups in relation to employment matters.