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Equal Opportunity Act Interventions

The application made by Bowls Victoria related to conducting single gender lawn bowls events held at club, division, region and state level, including for competitors under 18, 25 and 60 years of age, and bowlers with a disability. Bowls Victoria was seeking an exemption to allow it to conduct single gender…
The Commission intervened in the Victorian Civil and Administrative Tribunal (VCAT) matter of Waite Group. Waite Group sought an exemption or a declaration of a special measure under section 12 of the Equal Opportunity Act 2010 to enable it to advertise for and recommend as candidates only women for specific…
This was a case of sexual harassment in the workplace by an employer. VCAT made a finding on 10 July 2015 that the employee's complaint of sexual harassment by her employer was proven in contravention of ss 92 and 93 of the Equal Opportunity Act (Vic) 2010 (EOA). On the…
Judo Victoria Inc. applied to the Victorian Civil and Administrative Tribunal for an exemption under section 89 of the Equal Opportunity Act 2010. The application sought to allow Judo Victoria to discriminate on the basis of age in its black belt ("Dan") gradings policy. Specifically, Judo Victoria wished to have…
The Applicant made an application for an exemption under section 89 of the Equal Opportunity Act 2010 to permit the Harkaway Public Hall Committee of Management to discriminate on the basis of age in relation to accepting applications to hire the hall. In particular, the Harkaway Public Hall Committee of…
This was a case involving a former employee of DHS claiming: direct and indirect discrimination on the basis of status as a parent or carer in the area of employment, in breach of sub-sections 18(a), 18(b) and 18(d) of the Equal Opportunity Act (EOA) 2010 direct discrimination on the basis…
This case was a claim of indirect discrimination in education on the basis of disability, under both the Equal Opportunity Act 1995 (EOA 1995) and the Equal Opportunity Act 2010 (EOA 2010), and raises an educational authority's obligation to make reasonable adjustments for a student with a disability under the EOA 2010. The…
This case involves a complaint of discrimination by the Applicant against his former employer on the grounds of race and physical features in the area of employment, as well as a complaint of victimisation. The Commission's submissions relate only to the assessment and determination of remedies under section 125 of…
This case concerns a complaint of discrimination in education on the basis of disability, and raises an educational authority's obligation to make reasonable adjustments for a student with a disability. The Commission's submissions consider: the definition of 'disability' the interpretation of 'direct discrimination' and 'indirect discrimination' the obligation for an…
This matter involves applications by 16 sworn members of Victoria Police, being heard together. Each member alleges direct discrimination on the basis of physical features in the area of employment. The specific physical features claimed are long hair and facial hair. Four of the police officers also allege direct discrimination…
Concerns a complaint of discrimination in employment on the basis of parental status and employment activity, and raises an employer's obligation to accommodate an employee's responsibilities as a parent or carer. The Commission's submission consider: the scope and application of an employer's obligation to accommodate an employee's responsibilities as a…
In this case, the applicant, Mr Slattery, made a complaint that Manningham City Council had on the grounds of disability in the area of goods and services, access to public premises, and by councillors. Claim Mr Slattery is an active member of his community in the City of Manningham. He…
Concerns an application by Swinburne University of Technology to strike out Mr Tsakmakis' complaint of discrimination on the grounds of impairment in the area of education. The Commission's submissions consider the transitional provisions set out in sections 193 and 194 of the Equal Opportunity Act 2010 (EOA 2010) and the…
Concerns an exemption application by DEECD to allow it to advertise for and employ a male integration aide to work with a student with a moderate to severe intellectual disability. The submissions consider the exceptions relating to the care of children (s25), genuine occupational requirements (s26) and acts done with…
Concerns an exemption application by a community health organisation to enable it to recruit and employ a male orderly for an after hours clinic. The application was withdrawn by the organisation after the Commission's submissions were filed and a direction hearing held.
Concerns a challenge to the Department of Education policy of allowing non-compulsory Special Religious Instruction to be taught in Government schools during normal school hours. The parents of children at three Victorian State primary schools argued that the method of providing Special Religious Instruction involves direct discrimination against their children…
Concerns an exemption application by a women's refuge to limit services and accommodation to women and children and limit employment to women only. Considers the application of special measures (section 12), the welfare services exception (section 28), the welfare measures (accommodation) (section 60) and the special needs exception (section 88).
Concerns an exemption application to limit employment to women only by a peak body that aims to eliminate domestic violence against women and children. Considers the application of the welfare services exception (section 28) and the special needs exception (section 88).
Concerns an exemption application to enable the Applicant to provide health services to women only, to advertise and employ only women to provide those services, and to restrict membership of the service to women. Considers the scope and application of the exemption power, the special needs exception (section 88), the…
BAE Systems Australia Ltd designs, manufactures and supports military and defence systems, which are supplied to the Australian Defence Force and over 100 other countries. Concerns an exemption application to enable BAE to discriminate (on the grounds of nationality) against its Victorian workforce in relation to controlling access to certain…
Concerns an exemption application to enable Gunditjmara Aboriginal Co-Operative Ltd to advertise for and employ a female mental health worker. The program already employed a male mental health worker and wanted to employ a female because some female clients would not engage in counselling and other services provided by a…
Mt Evelyn Special Development School (a school for students with developmental delay and/or intellectual disability) applied for an exemption to enable the applicant to advertise for two male School Support Officer positions.  The Tribunal granted the exemption, which was sought because 20 male students need assistance with personal care including…
The Cummeragunja Housing and Development Aboriginal Corporation applied for an exemption to advertise for and employ only Indigenous persons in health care worker and administration positions. The Tribunal found the proposed conduct was a special measure under section 12 of the Equal Opportunity Act and accordingly an exemption was not…
The Ian Potter Museum of Art applied for an exemption to enable it to advertise for and employ only an Indigenous person in an Assistant Curator role. The Tribunal found the proposed conduct was a special measure under section 12 of the Equal Opportunity Act 2010 and accordingly an exemption…
Concerns an exemption application to enable the Applicant to advertise for female applicants for Information Technology Traineeships and Cadetships to encourage female participation in the IT sector. The Commission made submissions about the application of special measures (section 12) and said that if VCAT was satisfied that the proposed conduct…
Concerns an exemption application to advertise for and employ only Indigenous persons, with preference to be given to Wurundjeri Tribe Land Compensation & Cultural Heritage Council members, in field and office based positions working to care and protect Wurundjeri country. The Tribunal found the conduct proposed was a special measure…
Concerns a complaint by the Applicant that she was discriminated against and victimised by WorkSafe Victoria. The Commission made submissions about the interpretation of the term 'services' in the Equal Opportunity Act 1995 and whether the nature of the activities performed by the Respondent in relation to the Applicant's complaint…
The Applicant sought an exemption so that it could host two women's only events targeted at young women within the Darebin community who were unable to attend mixed gender events due to cultural and religious reasons. The Applicants also sought an exemption to employ only women for the duration of the…