The government made two attempts to amend the Act. The initial Bill was defeated in the Legislative Assembly when a Minister missed the vote. The government then suspended the rules of Parliament so that it could introduce the Bill a second time during the current Parliamentary session and it was passed by both Houses.
2.
For a more detailed discussion of the Act as it stood originally, see AllenDominique, ‘Victoria Paves the Way to Eliminating Discrimination’ (2010) 23(4) Australian Journal of Labour Law318.
3.
Equal Opportunity Act 2010 (Vic), s 8(1).
4.
Ibid s 9(1).
5.
Ibid s 12.
6.
Ibid ss 20, 40, 45.
7.
Ibid s 15. Although this duty has been described as a ‘positive’ duty, I have argued elsewhere that this duty is quite different from the positive duties used in the UK because it does not place any additional obligations upon defined duty-holders: Allen, above n 2, 324.
8.
Section 75(2).
9.
Equal Opportunity Act 2010 (Vic), ss 82(3), 83(3).
10.
Equal Opportunity Act 2010 (Vic), ss 82, 83 as amended by the Equal Opportunity Amendment Act 2011(Vic), ss 18, 19.
11.
Equal Opportunity Act 2010 (Vic), ss 122–124.
12.
Ibid ss 112, 118.
13.
Ibid ss 148–158.
14.
Ibid ss 159, 160.
15.
Ibid s 127.
16.
Equal Opportunity Act 2010 (Vic), s 139.
17.
Ibid s 146(3).
18.
Equal Opportunity Act 2010 (Vic), s 139 as amended by the Equal Opportunity Amendment Act 2011(Vic), s 21.
19.
Equal Opportunity Act 2010 (Vic), ss 131, 134 as amended by the Equal Opportunity Amendment Act 2011(Vic), s 21.
20.
AllenDominique, ‘Reducing the Burden of Proving Discrimination in Australia’ (2009) 31(4) Sydney Law Review579; HunyorJonathon, ‘Skin-deep: Proof and Inferences of Racial Discrimination in Employment’ (2003) 25(4) Sydney Law Review53.
