Changes to SA's Discrimination Regime

The proposed amending legislation is the Equal Opportunity (Miscellaneous) Amendment Bill 2006 (SA). At the time of writing, the Bill was being considered, and was scheduled for further debate on 6 March 2007.

South Australia, Parliamentary Debates, House of Assembly, 26 October 2006 ( Atkinson Michael Attorney-General), Second Reading Speech: Equal Opportunity (Miscellaneous) Amendment Bill 2006.

Proposed s 85T(1) of the Equal Opportunities Act 1984 (SA) (see s 60 Equal Opportunity (Miscellaneous) Amendment Bill 2006 (SA).

By the incorporation of new definitions of ‘disability’ as (d) a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour and (g) the presence in the body of organisms capable of causing disease or illness: Proposed additions to Equal Opportunity Act 1984 (SA) s 5 (1): See Equal Opportunity (Miscellaneous) Amendment Bill 2006 (SA) s 5.

In New South Wales discrimination based on ‘ethno-religious or national origin’ is prohibited Anti-discrimination Act 1977 (NSW): S 4 and s 7. Under the Human Rights and Equal Opportunities Commission Act 1986 (Cth) (HREOC Act) the Commission is given power to investigate and attempt to conciliate complaints of discrimination in employment or occupation on the basis of religion, however no enforceable decision can be made: HREOC Act s 31(b).

Roberts Jeremy , ‘Christian Pressure Waters Down Bill’, The Australian, 20 November 2006.

Ibid.

South Australia, Parliamentary Debates, House of Assembly, 26 October 2006 ( Atkinson Michael Attorney-General), Second Reading Speech: Equal Opportunity (Miscellaneous) Amendment Bill 2006.

Proposed Equal Opportunity Act 1984 (SA) s 86(4). See s 61 of the Equal Opportunity (Miscellaneous) Amendment Bill 2006 (SA).

Prohibition of discrimination on the ground of race, Equal Opportunity Act 1984 (SA) Part 4.

Equal Opportunity Act 1984 (SA) s 5. It is proposed that this definition will be replaced with the following: race of a person means the nationality (current, past or proposed), country of origin, colour or ancestry of the person; s 5(6) Equal Opportunity (Miscellaneous) Amendment Bill 2006 (SA).

Equal Opportunity Commission SA pamphlet Race Discrimination February 2006, available at <http://www.eoc.sa.gov.au/site/eo_resources/publications/fact_sheets.jsp> at 13 February 2007.

An argument of indirect race discrimination was successful in Commission for Racial Equality v Precision Manufacturing (1991) No 4106 91 (Sheffield Industrial Tribunal, UK). In that case an employer directed a jobcentre not to send him Muslims or men. The Tribunal held this amounted to indirect discrimination against Pakistanis, the majority of whom were Muslim, who were the largest minority in the area.

Racial Vilification Act 1996 (SA) s 3.

South Australia, Parliamentary Debates, House of Assembly, 26 October 2006 ( Atkinson Michael Attorney-General), Second Reading Speech: Equal Opportunity (Miscellaneous) Amendment Bill 2006.