Page 1083 - Week 04 - Thursday, 1 April 1993
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Madam Speaker, the discussion paper before the Assembly outlines the important proposals which the Government hopes to pursue to extend the Discrimination Act to prohibit discrimination on the ground of age. The discussion paper canvasses a number of important issues in relation to age discrimination. To facilitate consideration of these issues, the discussion paper is accompanied by a corresponding draft Bill.
Preparation of the paper and the draft Bill has taken full account of the experience in other jurisdictions as well as the particular needs of the ACT community. The Government has not moved to introduce the Bill for debate, as we believe that there should be a two-month period of consultation with the community. We would also like to give members an opportunity to consider the Bill and to discuss it with their constituents. We are interested in talking to as many people as possible and we will be holding public information sessions on the proposed legislation. The discussion paper will be available to members of the community throughout the period of public consultation. The draft legislation reflects the Government's current thinking on these matters but we are receptive to other views. Our aim is that when the Bill is introduced into the Assembly it will reflect the interests and needs of the ACT community.
Madam Speaker, under our proposal the Discrimination Act 1991 will be amended to make age discrimination unlawful. The legislation will cover both direct and indirect discrimination and operate, subject to certain justifiable exceptions, in the areas of work, education, the provision of goods, services and facilities, access to premises and accommodation. It will also apply to clubs and sport. We intend to tie the age discrimination law into existing human rights legislation. This will give the changes real teeth. It will mean that, as with the existing forms of unlawful discrimination, complaints of age discrimination could be lodged with the ACT Human Rights Office. There, complaints of discrimination are investigated and, where appropriate, conciliated. The Discrimination Act provides also for more formal hearings if conciliation is not possible, and also for appeal rights to the Administrative Appeals Tribunal.
The main exercise in the development of this legislation is in balancing rights. As the discussion paper points out, you cannot simply outlaw age discrimination as age is often a logical and sensible method of allocating services or making necessary distinctions between people. There are many justifiable and fair practices based on age that we would not want to change. For example, we would not want to affect people's access to concessions based on age. Health services are frequently targeted at particular age groups on the basis of need. It is also accepted that we should continue to regulate access to drivers licences by age through a minimum age limit and by imposing requirements for more frequent eye testing in older people.
The abolition of compulsory age based retirement is one of the major issues canvassed in the discussion paper. The Government proposes to introduce this reform into the ACT, but we have recognised the need for a phase-in period. We have followed the lead of other States and will allow two years before the introduction of the necessary provision. This means that employers will have the opportunity to consider the changes they have to make in their personnel practices. They will also have the opportunity to observe the operation of laws prohibiting compulsory age based retirement in New South Wales and South Australia. Similar legislation will operate in Queensland and Western Australia in 1994 and 1995.
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