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New South Wales is the only jurisdiction that does not have a clear special measures provision in its discrimination legislation. Therefore an employer wanting to conduct a targeted recruitment strategy for Aboriginal and Torres Strait Islander people in NSW must apply for an exemption from the Anti-Discrimination Act 1977 (NSW) (the NSW Act). The only exception to this is if being of a…

As outlined in this guideline, in all jurisdictions except NSW, the granting of an exemption is not a legal prerequisite for conducting a targeted recruitment strategy, as long as the recruitment program meets the requirements of a special measure. This is because the purpose of an exemption is to exclude the application of a particular law to certain conduct which would otherwise breach…

The purpose of this section is to provide a nationally consistent set of requirements for a ‘special measure’ targeted recruitment strategy for Aboriginal and Torres Strait Islander peoples. The core elements of a special measure are essentially the same under all federal, state and territory discrimination laws. However, the wording of the criteria in the legislation of each jurisdiction…

This section sets out practical steps an employer can take to make it clear that a targeted recruitment program for Aboriginal and Torres Strait Islander people is a special measure. Taking these steps will minimise the risk of complaints that such measures are discriminatory, and provide a strong basis to dispute such a claim in the unlikely event a complaint is made. 3.1 Record in writing…

Businesses and employers benefit from promoting human rights and preventing discrimination within their organisations. In many businesses and organisations, there is already a good understanding of the benefits of a diverse and inclusive workforce. Proven benefits include access to a larger talent pool, increased productivity, improved job satisfaction and customer engagement, higher rates…

The following section outlines the relevant legal and policy framework, including the international human rights framework. 8.1 International legal framework The rights of older persons are protected by a number of key international human rights treaties. [27] However, there is no specific United Nations convention on the rights of older persons. [28] Some of the key rights protected under …

Older Australians can face a range of individual and structural barriers at different stages of employment including recruitment, retention and re-entering the workforce. [64] Certain groups within the community may experience discrimination on the basis of their age differently from others, for example, people with disability, women, Aboriginal and Torres Strait Islander peoples, people…

Understand the economic and social costs of employment discrimination against Australians with disabilities.

The following section outlines the relevant legal and policy framework, including the international human rights framework. 8.1 International legal framework The Convention on the Rights of Persons with Disabilities (CRPD) sets out the rights of people with disability generally and in respect of employment. [25] In particular, article 27 of the CRPD protects the right to work for people with…

Australians with disability can face a range of individual and structural barriers at different stages of employment including recruitment, retention and re-entering the workforce. Certain groups within the community may experience discrimination on the basis of their disability differently from others, for example, older people, women, Aboriginal and Torres Strait Islander peoples, people…