Compliance Framework
Compliance Driver
Age Discrimination Act 2004 (Cth)
Classification
Level 1
University-wide concern. Impacts on reputation and funding.
Associated Legislation
Associated Standards
None
Associated Codes
None
Associated Information
None
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Administrative Information
Administrative Body
Australian Human Rights Commission
Administrative Name
Dr Kay Patterson, Age and Disability Discrimination Commissioner
Administrative Address
Physical Address
Level 3
175 Pitt Street
Sydney NSW
Australia, 2000
Mailing Address
GPO Box 5218
Sydney NSW
Australia, 2001
Administrative Phone
02 9284 9600
1300 639 711
Administrative Email
communications@humanrights.gov.au
Administrative Website
https://www.humanrights.gov.au/our-work/age-discrimination
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General Introduction
VC Compliance Delegate
Jo Scanlan, Chief Operating Officer
Compliance Coordinator
Kirsten Clayton, Director People and Culture
Business Units Impacted
Overview
The Act helps to ensure that people are not treated less favourably on the ground of age in various areas of public life including employment, provision of goods and services, education, accommodation and administration of Commonwealth laws and programs. The Act also provides for positive discrimination - that is, actions which assist people of a particular age who experience a disadvantage because of their age. It also provides for exemptions in superannuation, migration, taxation and social security laws, state laws and other Commonwealth laws and some health programs.
The Age Discrimination Act 2004 (ADA) applies throughout Australia, including all States and Territories, and does not purport to displace or limit the operation of State and Territory laws capable of operating concurrently with it (in the case of NSW the Anti-Discrimination Act 1977 is the applicable State law). The ADA deals with any potential inconsistency between federal and NSW laws by providing that where complainants have a choice as to the jurisdiction, they are required to elect whether to make their complaint under federal or NSW legislation.Compliance Obligations
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Access to education
Description
It is unlawful for the University to disciminate against a person on the ground of the person's age by refusing or failing to accept the person's application for admission as a student or in the terms or conditions on which it is prepared to admit the person as a student.
It is unlawful for the University to discriminate against a student on the ground of the student's age by denying or limiting the students access to any benefit provided by UNE, or by expelling the student or by subjecting the student to any other detriment.
Impacts
Negative impact on the University's reputation.
Responsible Manager
Richard Dobek, Executive Principal Student Experience
Coordinating Officer
Richard Dobek, Executive Principal Student Experience
Coordinating Unit
Student Experience
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Advertisment
Description
The University must not publish or display an advertisement, or cause or permit its publication or display, which indicates an intention to unlawfully discriminate on the basis of age.
Impacts
Negative impact on the University's reputation.
Specific Penalty: s50, 10 penalty points
Responsible Manager
Kirsten Clayton, Director People and Culture
Coordinating Officer
Kirsten Clayton, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Disclosure of source of data
Description
The University must disclose the source of actuarial or statistical data where the President or the Commission give UNE notice in writing under subject 54(2) of the Age Discrimination Act. The University must comply with such requirement within 28 days after being given notice.
Impacts
Negative impact on the University's reputation.
Specific Penalties:
10 penalty units
Responsible Manager
Kirsten Clayton, Director People and Culture
Coordinating Officer
Kirsten Clayton, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Offering employment
Description
The University and its employees must not discriminate against a person on the ground of the other person's age in a recruitment process or direct appointment process, or in the terms and conditions on which employment is to be offered.
Impacts
Negative impact on the University's reputation.
Responsible Manager
Kirsten Clayton, Director People and Culture
Coordinating Officer
Kirsten Clayton, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Positive discrimination
Description
It is not unlawful for the University to discriminate against another person on the ground of the other person's age where:
(a) the act provides a bona fide benefit to persons of a particular age,
(b) the act is intended to meet a need that arises out of the age of the persons of a particular age, or
(c) the act is intended to reduce a disadvantage experienced by people of a particular age.
Impacts
Negative impact on the University's reputation.
Responsible Manager
Kirsten Clayton, Director People and Culture
Coordinating Officer
Kirsten Clayton, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Vicarious Liability
Description
Under federal anti-discrimination law an employer may be legally responsible for discrimination and harassment which occurs in the workplace or in connection with a person's employment unless it can be shown that 'all reasonable steps' have been taken to reduce the liability
Impacts
Negative impact on the University's reputation.
Specific Penalties:
- s51 Victimisation with actual detriment or threat of detriment, imprisonment for 6 months.
Responsible Manager
Kirsten Clayton, Director People and Culture
Coordinating Officer
Kirsten Clayton, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Victimisation
Description
The University or an officer of the University must not intentionally cause, or threaten to cause, detriment to a person because that person has made a complaint of discrimination or has taken part in discrimination proceedings.
Impacts
- Negative impact on the University's reputation.
- Specific Penalty: s51 Victimisation with actual detriment or threat of detriment, imprisonment for 6 months.
- Civil and/or criminal proceedings.
Responsible Manager
Kirsten Clayton, Director People and Culture
Coordinating Officer
Kirsten Clayton, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
Compliance Overview