Equal Opportunity – Employees

Legal framework

Equal opportunity is a requirement under both Victorian and Commonwealth legislation. In Victoria, the key legislation which makes it unlawful to discriminate is the Equal Opportunity Act 2010 (Vic).

Other relevant laws in Victoria are the Charter of Human Rights and Responsibilities Act 2006 (Vic) and the Racial and Religious Tolerance Act 2001 (Vic).

The Public Administration Act 2004 (Vic) (the Act) outlines the values, employment principles and standards that apply to public officials and all public sector employers. Under this Act, the Victorian Public Sector Commissioner must promote the public sector values and principles and issue standards concerning the application of the principles. The principle of equal employment opportunity is a binding standard and should be read alongside equal employment opportunity guidelines issued by the Victorian Public Sector Commissioner.

At the Commonwealth level, there is a range of legislation which provides for equal opportunity including the Fair Work Act 2009 (Cth), the Racial Discrimination Act 1975 (Cth), the Sex Discrimination Act 1984 (Cth), the Disability Discrimination Act 1992 (Cth) and the Age Discrimination Act 2004 (Cth).

Both Commonwealth and Victorian equal opportunity legislation apply to the Department as an employer and to Department employees.