ADC Annual Report 2000/2001

Legislation

The NT Anti-Discrimination Act  1992(the Act) is designed, subject to limited exceptions, to eliminate discrimination against persons (and their associates) on the grounds of any of the following attributes:

1. race;
2. sex;
3. sexuality;
4. age;
5. marital status;
6. pregnancy;
7. parenthood;
8. breastfeeding;
10. impairment;
11. trade union or employer association activity;
13. religious belief or activity;
14. political opinion, affiliation or activity;
16. irrelevant medical record;
17. irrelevant criminal record;
18. association with person who has, or is believed to have, an attribute referred to in this section.

Areas

The Act operates in the areas of work; accommodation and education; the provision of goods, services and facilities; the activities of clubs and in insurance and superannuation.  The Act covers both the public and private sectors.  Generally speaking, an organisation will be responsible for the activities of its agents, officers or employees while they carry out work on behalf of their organisation.

Prohibited Conduct

The Act makes unlawful the following prohibited conduct in the areas set out above:

• discrimination
• harassment on the basis of an attribute
• victimisation of a party to a complaint (including witnesses)
• discriminatory advertising
• seeking unnecessary information on which discrimination could be based
• unreasonable failure to accommodate a special need because of an attribute (eg: special facilities needed because of age or impairment)
• aiding the contravention of the Act.

Discrimination

The Act covers both direct and indirect discrimination.  Direct discrimination occurs when in any of the defined areas a person is harassed or experiences any distinction, exclusion, preference, or other less favourable treatment because of one or more of the attributes in the legislation.  Indirect discrimination occurs where conditions are imposed which do not on their face discriminate against persons but in practical effect do so, and such conditions are not reasonable (eg. arbitrary minimum height restrictions for employment which discriminate against women).

Sexual Harassment

Under the Act, sexual harassment is prohibited conduct in itself in respect of any of the areas covered by the Act.  That is, discrimination or less favourable treatment need not be established; only the elements of unwelcome acts of physical intimacy; or demands, requests, remarks or other conduct of a sexual nature which are intended to offend, humiliate or intimidate a person or could reasonably be anticipated to do so.

Victimisation

A person who makes a complaint or intends to make a complaint or is otherwise involved in relation to a matter under the Act is protected from victimisation.  Victimisation takes place if a person subjects or threatens to subject another person or an associate of the other person to any detriment.

Appeals

Appeals against decisions of the Commissioner are to the local Court.

Protection from legal proceedings

S.113 of the Act provides protection against proceedings, whether civil or criminal for persons lodging a complaint or providing information or evidence to the Commissioner.