Compliance Framework
Compliance Driver
Racial Discrimination Act 1975 (Cth)
Classification
Level 1
University-wide concern. Impacts on reputation and funding.
Associated Legislation
Associated Standards
Associated Codes
None
Associated Information
None
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Administrative Information
Administrative Body
Australian Human Rights Commission
Administrative Name
Mr Chin Tan, Race Discrimination Commissioner
Administrative Address
Physical Address
Level 3
175 Pitt St
Sydney NSW
Australia, 2000
Mailing Address
GPO Box 5218
Sydney NSW
Australia, 2001
Administrative Phone
02 9284 9600
1300 369 711
Administrative Email
communications@humanrights.gov.au
Administrative Website
https://www.humanrights.gov.au/our-work/race-discrimination
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General Introduction
VC Compliance Delegate
Meredith Parry, Chief Operating Officer
Compliance Coordinator
Kirsten Clayton, Director People and Culture
Business Units Impacted
Overview
The Racial Discrimination Act 1975 (RDA) gives effect to Australia’s international human rights commitments and promotes equality between people of different backgrounds. The Act protects people across Australia from unfair treatment on the basis of their race, colour, descent, or national or ethnic origin in different areas of public life (including employment, education, accommodation, obtaining or using services, accessing public places). Both direct and indirect race discrimination and racial vilification is against the law.
Racial discrimination is when a person is treated less favourably than another person in a similar situation because of their race, colour, descent, national or ethnic origin or immigrant status. Racial vilification (racial hatred) is doing something in public - based on the race, colour, national or ethnic origin of a person or group of people - which is likely to offend, insult, humiliate or intimidate.
Under the Human Rights Commission Act 1986 (AHRCA) a complainant has a choice of taking action under the RDA or the equivalent State or Territory legislation (in the case of NSW the Anti-Discrimination Act 1977 is the applicable State law). If action is taken under the State or Territory legislation, the complainant is statute barred from making a complaint under the AHRCA.Compliance Obligations
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Comply with legislation
Description
Compliance with legislation
Impacts
Chapter 2 of the Criminal Code (setting out the general principles of criminal responsibility) applies to all offences against this Act.
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
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
Chapter 2 of the Criminal Code (setting out the general principles of criminal responsibility) applies to all offences against this Act.
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
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