Transitional provisions
Contact details
The Anti-Discrimination List is in the Human Rights Division of the Victorian Civil & Administrative Tribunal (VCAT).
In April 2010, the Victorian Government passed the
Equal Opportunity Act 2010. The new Act replaces the
Equal Opportunity Act 1995 (the old Act).
The provisions of the
Equal Opportunity Act 2010 relating to VCAT take effect on
1 August 2011. From that date, parties will be able to lodge:
- unlawful discrimination;
- sexual harassment;
- victimisations; and
- vilification applications
directly at VCAT.
The Anti-Discrimination List will continue to hear and determine complaints referred to it by the
Victorian Equal Opportunity and Human Rights Commission under the
Equal Opportunity Act 1995. Please see below for information regarding the transition from the old Act to the
Equal Opportunity Act 2010.
You can find these Acts at
http://www.legislation.vic.gov.au and follow the links under “Victorian Law Today”. Please note that this link will open in a new window.
Powers of VCAT
Powers of VCAT – Equal Opportunity Act 2010
At a hearing, VCAT will consider the evidence and representations about an
Equal Opportunity Act 2010 application and may:
- find that a person has contravened part 4, 6 or 7 of the Act and can make one of the following orders:
- an order that the person refrain from committing any further contravention of the Act;
- an order that the person pay compensation to the applicant for loss, damage or injury;
- an order that the person do anything specified in the order with a view to redressing any loss, damage or injury suffered by the applicant as a result of the contravention; or
- find that a person has contravened a provision of parts 4, 6 or 7 the Act but decline to take any further action; or
- find that a person has not contravened a provision of parts 4, 6 or 7 of the Act and make an order that the application or part of the application be dismissed.
Powers of VCAT – Equal Opportunity Act 1995
If it finds a complaint proved, VCAT may make any of the following orders:
- that the respondent stop committing any further act of discrimination against the complainant;
- that the respondent pay the complainant compensation fixed by VCAT;
- that the respondent perform any act with a view to making good any loss, damage or injury suffered by the complainant;
- find the complaint or any part of it proven but decline to take any further action;
If VCAT finds a complaint or any part of it is not proven it may make an order that the complaint or part of it be dismissed.
TRANSITIONAL INFORMATION
Commencement day for
Equal Opportunity Act 2010 (the new Act) is 1 August 2011.
How are “complaints” lodged with the VEO&HRC before 1 August 2011 but NOT finally dealt with by the VEO&HRC to be treated?
Section 193 of the Equal Opportunity Act 2010 explains what is to happen.
If the respondent was notified of the complaint before 1 August 2011, the Equal Opportunity Act 1995 (the old Act) procedures continue to apply unless the parties consent in writing to the complaint being dealt with as a “dispute”.
If the respondent was NOT notified of the complaint before 1 August 2011 the complaint is taken to be a dispute brought to the Commissioner.
Whilst treated as a “dispute” the discrimination provisions in part 3; the prohibition on sexual harassment provisions in part 5 and the vicarious liability provisions in part 6 of the old Act, continue to apply.
What happens if the alleged contraventions occurred before 1 August 2011?
Section 194 of the Equal Opportunity Act 2010 explains what is to happen.
(a) You can bring an old Act contravention to the Commissioner as a “dispute” if:
(i) you did not lodge a complaint before 1 August 2011; and
(ii) if proven, it would also be a contravention of the new Act.
(b) You can make an application to VCAT if:
(i) you have not lodged a complaint under the old Act before 1 August 2011; and
(ii) if the alleged contravention would also have been a contravention of the new Act if it had been in force when the alleged contravention occurred.
What happens to Exemptions under the old Act?
Section 195 of the Equal Opportunity Act 2010 explains what is to happen.
If an exemption was granted before 1 August 2011, it continues in force unless revoked sooner than its expiry date.
It can be revoked or renewed under the new Act.
If a party applied before 1 August 2011 and the application was not determined by VCAT – the old Act continues to apply.
What happens to Racial and Religious Tolerance Act 2001 matters?
Section 204 of the Equal Opportunity Act 2010 explains what is to happen.
The provisions mirror those for “complaints” and “disputes” set out above.
Contact details
Further information may be obtained from:
VCAT
Anti-Discrimination List
55 King Street
Melbourne Vic 3000
GPO Box 5408 CC
Melbourne Vic 3001
(Inquiries at Ground floor)
DX 210576 Melbourne
Telephone: (03) 9628 9900
Facsimile: (03) 8685 1404
E-mail: vcat-hrd@justice.vic.gov.au
Office hours: 9:00 a.m. - 4:30 p.m. Monday to Friday