Discrimination and Diversity Insights

18 October 2006

Welcome to our October edition of Clayton Utz Human Rights & Equal Opportunity Insights, in which we'll look at:

  • trends in anti-discrimination laws: at home and abroad 
  • Victoria's new Charter of Human Rights
  • Tasmania's review of its anti-discrimination legislation
  • is a gambling addiction an impairment?
  • rehabilitation versus medical retirement; and
  • whether New South Wales' injured workers' provisions survive Work Choices.

Trends in anti-discrimination laws: at home and abroad

By Joe Catanzariti.

Joe Catanzariti examines trends here and abroad to see the possible directions this dynamic area of law could take.

A Charter of Human Rights for Victoria

By Dr Graham Smith.

Moving beyond the discussion and debate of whether legislation is needed to provide further protection of human rights in Australia, the Victorian Parliament has now enacted legislation which will bring into operation from 1 January 2007 a Charter of Human Rights for Victoria, says Graham Smith.

Tasmania reviews its anti-discrimination laws

By Joe Catanzariti.

Following Western Australia, the Tasmanian Government has recently announced that it too is conducting a review of its anti-discrimination legislation, explains Joe Catanzariti.

Is a gambling addiction an impairment?

By Lucienne Mummé.

The Victorian Civil and Administrative Tribunal will soon be asked to decide if a gambling addiction is an impairment under Victorian's anti-discrimination legislation. If it says yes, warns Lucienne Mummé, its decision may have wider ranging implications involving the treatment of employees who have a gambling or other type of addiction.

Assessing appropriateness: Rehabilitation versus medical retirement

By Bruce Heddle.

What should a prudent employer consider when contemplating whether medical retirement is appropriate in the circumstances? Bruce Heddle looks for answers in a recent case.

New South Wales' injured workers' provisions survive Work Choices

By Robbie Walker.

A recent decision of the New South Wales Industrial Relations Commission has found that the injured workers' provisions found in New South Wales industrial legislation are specifically preserved by the federal industrial reforms and, therefore, continue to apply, as Robbie Walker explains.
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