Compliance Overview

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
Return to Top 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
Return to Top General Introduction
VC Compliance Delegate Jo Scanlan, Chief Operating Officer
Compliance Coordinator Kirsten Clayton, Director People and Culture
Business Units Impacted
  • Animal Genetics and Breeding Unit
  • Australian Business Research Institute
  • Business Intelligence
  • Centre for Agriculture and Law
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Corporate Communications and Events
  • Education Enterprise
  • Education Quality Directorate
  • English Language Centre
  • Estate and Built Environment
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Finance
  • Heritage Centre
  • Heritage Futures Research Centre
  • Institute for Rural Futures
  • Internal Audit
  • Legal Services
  • Library Services
  • Office of Strategy Management
  • Office of the Chief Financial Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Director Governance and University Secretary
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • People and Culture
  • Place Based@UNE
  • Records Team
  • Records, Policy and Governance Unit
  • Research Centres and Institutes
  • Research Services
  • Residential System
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology
  • School of Rural Medicine
  • School of Science and Technology
  • Strategic Procurement
  • Student Experience
  • Student Grievance Unit
  • Technology and Digital Services
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • UNE Business School
  • UNE Council
  • UNE Foundation Limited
  • UNE Foundation Trust
  • UNE International
  • UNE Life
  • UNE Marketing
  • UNE Medical Centre
  • UNE Partnerships Pty Ltd
  • University Secretariat
  • Yarm Gwanga
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

Return to Top 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
  • Animal Genetics and Breeding Unit
  • Australian Business Research Institute
  • Business Intelligence
  • Centre for Agriculture and Law
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Corporate Communications and Events
  • Education Enterprise
  • Education Quality Directorate
  • English Language Centre
  • Estate and Built Environment
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Finance
  • Heritage Centre
  • Heritage Futures Research Centre
  • Institute for Rural Futures
  • Internal Audit
  • Legal Services
  • Library Services
  • Office of Strategy Management
  • Office of the Chief Financial Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • People and Culture
  • Place Based@UNE
  • Records Team
  • Records, Policy and Governance Unit
  • Research Centres and Institutes
  • Research Services
  • Residential System
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology
  • School of Rural Medicine
  • School of Science and Technology
  • Strategic Procurement
  • Student Experience
  • Student Grievance Unit
  • Technology and Digital Services
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • UNE Business School
  • UNE Council
  • UNE Foundation Limited
  • UNE Foundation Trust
  • UNE International
  • UNE Life
  • UNE Marketing
  • UNE Medical Centre
  • UNE Partnerships Pty Ltd
  • University Secretariat
  • Yarm Gwanga
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
 
Return to Top 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
  • Animal Genetics and Breeding Unit
  • Australian Business Research Institute
  • Business Intelligence
  • Centre for Agriculture and Law
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Corporate Communications and Events
  • Education Enterprise
  • Education Quality Directorate
  • English Language Centre
  • Estate and Built Environment
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Finance
  • Heritage Centre
  • Heritage Futures Research Centre
  • Institute for Rural Futures
  • Internal Audit
  • Legal Services
  • Library Services
  • Office of Strategy Management
  • Office of the Chief Financial Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • People and Culture
  • Place Based@UNE
  • Records Team
  • Records, Policy and Governance Unit
  • Research Centres and Institutes
  • Research Services
  • Residential System
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology
  • School of Rural Medicine
  • School of Science and Technology
  • Strategic Procurement
  • Student Experience
  • Student Grievance Unit
  • Technology and Digital Services
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • UNE Business School
  • UNE Council
  • UNE Foundation Limited
  • UNE Foundation Trust
  • UNE International
  • UNE Life
  • UNE Marketing
  • UNE Medical Centre
  • UNE Partnerships Pty Ltd
  • University Secretariat
  • Yarm Gwanga
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
 
Return to Top 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
  • Animal Genetics and Breeding Unit
  • Australian Business Research Institute
  • Business Intelligence
  • Centre for Agriculture and Law
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Corporate Communications and Events
  • Education Enterprise
  • Education Quality Directorate
  • English Language Centre
  • Estate and Built Environment
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Finance
  • Heritage Centre
  • Heritage Futures Research Centre
  • Institute for Rural Futures
  • Internal Audit
  • Legal Services
  • Library Services
  • Office of Strategy Management
  • Office of the Chief Financial Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • People and Culture
  • Place Based@UNE
  • Records Team
  • Records, Policy and Governance Unit
  • Research Centres and Institutes
  • Research Services
  • Residential System
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology
  • School of Rural Medicine
  • School of Science and Technology
  • Strategic Procurement
  • Student Experience
  • Student Grievance Unit
  • Technology and Digital Services
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • UNE Business School
  • UNE Council
  • UNE Foundation Limited
  • UNE Foundation Trust
  • UNE International
  • UNE Life
  • UNE Marketing
  • UNE Medical Centre
  • UNE Partnerships Pty Ltd
  • University Secretariat
  • Yarm Gwanga
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
 
Return to Top 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
  • Animal Genetics and Breeding Unit
  • Australian Business Research Institute
  • Business Intelligence
  • Centre for Agriculture and Law
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Corporate Communications and Events
  • Education Enterprise
  • Education Quality Directorate
  • English Language Centre
  • Estate and Built Environment
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Finance
  • Heritage Centre
  • Heritage Futures Research Centre
  • Institute for Rural Futures
  • Internal Audit
  • Legal Services
  • Library Services
  • Office of Strategy Management
  • Office of the Chief Financial Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • People and Culture
  • Place Based@UNE
  • Records Team
  • Records, Policy and Governance Unit
  • Research Centres and Institutes
  • Research Services
  • Residential System
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology
  • School of Rural Medicine
  • School of Science and Technology
  • Strategic Procurement
  • Student Experience
  • Student Grievance Unit
  • Technology and Digital Services
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • UNE Business School
  • UNE Council
  • UNE Foundation Limited
  • UNE Foundation Trust
  • UNE International
  • UNE Life
  • UNE Marketing
  • UNE Medical Centre
  • UNE Partnerships Pty Ltd
  • University Secretariat
  • Yarm Gwanga
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
 
Return to Top 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
  • Animal Genetics and Breeding Unit
  • Australian Business Research Institute
  • Business Intelligence
  • Centre for Agriculture and Law
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Corporate Communications and Events
  • Education Enterprise
  • Education Quality Directorate
  • English Language Centre
  • Estate and Built Environment
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Finance
  • Heritage Centre
  • Heritage Futures Research Centre
  • Institute for Rural Futures
  • Internal Audit
  • Legal Services
  • Library Services
  • Office of Strategy Management
  • Office of the Chief Financial Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • People and Culture
  • Place Based@UNE
  • Records Team
  • Records, Policy and Governance Unit
  • Research Centres and Institutes
  • Research Services
  • Residential System
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology
  • School of Rural Medicine
  • School of Science and Technology
  • Strategic Procurement
  • Student Experience
  • Student Grievance Unit
  • Technology and Digital Services
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • UNE Business School
  • UNE Council
  • UNE Foundation Limited
  • UNE Foundation Trust
  • UNE International
  • UNE Life
  • UNE Marketing
  • UNE Medical Centre
  • UNE Partnerships Pty Ltd
  • University Secretariat
  • Yarm Gwanga
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
 
Return to Top 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
  • Animal Genetics and Breeding Unit
  • Australian Business Research Institute
  • Business Intelligence
  • Centre for Agriculture and Law
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Corporate Communications and Events
  • Education Enterprise
  • Education Quality Directorate
  • English Language Centre
  • Estate and Built Environment
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Finance
  • Heritage Centre
  • Heritage Futures Research Centre
  • Institute for Rural Futures
  • Internal Audit
  • Legal Services
  • Library Services
  • Office of Strategy Management
  • Office of the Chief Financial Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • People and Culture
  • Place Based@UNE
  • Records Team
  • Records, Policy and Governance Unit
  • Research Centres and Institutes
  • Research Services
  • Residential System
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology
  • School of Rural Medicine
  • School of Science and Technology
  • Strategic Procurement
  • Student Experience
  • Student Grievance Unit
  • Technology and Digital Services
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • UNE Business School
  • UNE Council
  • UNE Foundation Limited
  • UNE Foundation Trust
  • UNE International
  • UNE Life
  • UNE Marketing
  • UNE Medical Centre
  • UNE Partnerships Pty Ltd
  • University Secretariat
  • Yarm Gwanga
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
 
Return to Top 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
  • Animal Genetics and Breeding Unit
  • Australian Business Research Institute
  • Business Intelligence
  • Centre for Agriculture and Law
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Corporate Communications and Events
  • Education Enterprise
  • Education Quality Directorate
  • English Language Centre
  • Estate and Built Environment
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Finance
  • Heritage Centre
  • Heritage Futures Research Centre
  • Institute for Rural Futures
  • Internal Audit
  • Legal Services
  • Library Services
  • Office of Strategy Management
  • Office of the Chief Financial Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • People and Culture
  • Place Based@UNE
  • Records Team
  • Records, Policy and Governance Unit
  • Research Centres and Institutes
  • Research Services
  • Residential System
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology
  • School of Rural Medicine
  • School of Science and Technology
  • Strategic Procurement
  • Student Experience
  • Student Grievance Unit
  • Technology and Digital Services
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • UNE Business School
  • UNE Council
  • UNE Foundation Limited
  • UNE Foundation Trust
  • UNE International
  • UNE Life
  • UNE Marketing
  • UNE Medical Centre
  • UNE Partnerships Pty Ltd
  • University Secretariat
  • Yarm Gwanga
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