What it does
The Equal Opportunity Act 2010 (Vic) is the cornerstone of Victoria's anti-discrimination framework. Its core purposes, set out in s 1, are to re-enact and extend protections against discrimination, sexual harassment and victimisation, while promoting substantive equality. Section 3 articulates the objectives: eliminating discrimination, sexual harassment and victimisation to the greatest extent possible; advancing the right to equality in the Charter of Human Rights and Responsibilities; identifying and removing systemic causes; and recognising that equal treatment can produce unequal outcomes, necessitating reasonable adjustments, accommodation and special measures (s 3(d)).
Part 2 defines the prohibited conduct. Section 6 lists 19 attributes (plus association with a person with an attribute), ranging from age, breastfeeding, disability, gender identity, race, religious belief or activity, sex, sexual orientation, sex characteristics (added by the Change or Suppression (Conversion) Practices Prohibition Act 2021), to expunged homosexual convictions and spent convictions. Discrimination is defined in s 7 as direct or indirect discrimination on the basis of an attribute, or contravention of specific accommodation duties (e.g. ss 17, 19, 20, 22, 32, 33, 40, 45).
Direct discrimination (s 8) occurs when a person treats, or proposes to treat, another unfavourably because of an attribute. Motive is irrelevant (s 10), and it is enough that the attribute is a substantial reason (s 8(2)(b)). Indirect discrimination (s 9) arises from a requirement, condition or practice that has or is likely to have the effect of disadvantaging persons with an attribute and is not reasonable. The onus is on the respondent to prove reasonableness, having regard to factors including the nature and extent of disadvantage, proportionality, cost, financial circumstances, and whether reasonable adjustments could reduce disadvantage (s 9(3)).