problems with anti-discrimination act 1977? (1 Viewer)

[bEAbEA]

can anyone think of any problems associated with the anti discrimination act 1977? I am in the process of evaluating its suitability, and i just need some more improvements that can be made...
i'm stuck

 

[= Jennifer =]

what topic is this in relation too there are heaps

 

[melsc]

I also find it useful to take a look at the piece of legislation
http://www.austlii.edu.au/au/legis/nsw/consol_act/aa1977204/

 

[bEAbEA]

what topic is this in relation too there are heaps

workplace law

 

[melsc]

1 thing I remember from last year when we studied women was that often people dont report discrimination and thus it cannot be enforced

 

[Huratio]

can anyone think of any problems associated with the anti discrimination act 1977? I am in the process of evaluating its suitability, and i just need some more improvements that can be made...
i'm stuck

if you use the individual effectiveness criteria PAREE- the problems are obvious:

Protection of the individual- Victim is vulnerable to further discrimination when they hold a case. Use Anti-Discrimination 1977 (NSW) to show how the government has intervened.

Access to the courts- Costs of Anti-Discrimination board.

Resources- Anti-Discrimination Board- 88% of complaints were finalised in 12 months (resources required to cover this).

Equality- Unbalanced

Enforcement- Opportunity for Women in the Workplace Act 1999 (Cwlth) forced implementation of 'affirmative action'.

Jurisdictional- Federal IR system (proposed) --> effects.

 

[bEAbEA]

thankyou Huratio

 

[paper cup]

if you use the individual effectiveness criteria PAREE- the problems are obvious:

Protection of the individual- Victim is vulnerable to further discrimination when they hold a case. Use Anti-Discrimination 1977 (NSW) to show how the government has intervened.

Access to the courts- Costs of Anti-Discrimination board.

Resources- Anti-Discrimination Board- 88% of complaints were finalised in 12 months (resources required to cover this).

Equality- Unbalanced

Enforcement- Opportunity for Women in the Workplace Act 1999 (Cwlth) forced implementation of 'affirmative action'.

Jurisdictional- Federal IR system (proposed) --> effects.

for the first point - judicial discretion, many judges are old men, conservative, decision may be biased.