ACT discrimination laws will be changed, some for the first time in three decades, to better align with human rights laws and to promote greater social inclusion and respect for diversity, human rights minister Tara Cheyne announced today.

The Discrimination Amendment Bill 2022, introduced to the Legislative Assembly today, will amend the Discrimination Act 1991, many aspects of which have not been amended for 30 years, Ms Cheyne said.

“The introduction of the Bill is a big step forward to ensuring our city is one that all its residents can enjoy and thrive in, while feeling safe from discrimination,” Ms Cheyne said.

“Discrimination in any form is unacceptable. It excludes people from our community, reduces social cohesion and can have significant impacts on a person’s psychological health, wellbeing, and capacity to participate in society.

“We also know that a person can have intersecting protected attributes, which can compound the stigma and harm associated with discrimination.”

The Bill will expand coverage of the Discrimination Act to formally organised sporting activities, formally organised competitions, and the administration of Territory laws or ACT government programs or policies. It was unclear whether the act covered sport, competitions, or these government functions.

• Discrimination law to cover all areas of public life (22 October 2021)

The Bill amends exceptions to unlawful discrimination to be clearer, more user friendly, and human rights compatible, Ms Cheyne said. The revised act will refine and narrow exceptions to unlawful discrimination relating to employment, workers in private homes, sport, clubs and voluntary bodies, insurance and superannuation providers, and religious bodies.

All organisations, businesses, and individuals with over-arching management responsibility will have a positive duty to take reasonable and proportionate steps to end discrimination, sexual harassment, and unlawful vilification before they can happen. This will shift the responsibility away from individual complainants, and help to tackle systemic discrimination, Ms Cheyne said.

“Following from the new rules requiring employers to report sexual assault incidents to WorkSafe ACT passed in the Legislative Assembly last week, this change is about prevention: it’s about creating an environment where discriminatory treatment and problem behaviour is unlikely to happen in the first place.”

• Workplace sexual assault reforms for ACT (24 November)

The Bill will also introduce a positive duty to make reasonable adjustments to accommodate a person’s protected attribute (age, religious conviction, sexuality, sex, gender identity, disability, pregnancy, and employment status).

“This is a fundamental shift, moving away from a purely reactive approach to addressing discrimination to requiring positive steps to embed equality in all aspects of public life,” Ms Cheyne said. “It is a change that will make a real impact on improving people’s lives and supporting the inclusive community we all want in the ACT.”

Reviewing and modernising the ACT’s discrimination law had been one of the ACT Government’s legislative priorities,” she said. They released a discussion paper last year, and an exposure draft this year, consulting within government and across the community.

“All views [were] carefully considered to ensure the ACT is at the forefront of best practice in promoting equal opportunity, respect for diversity, and social inclusion in our community,” Ms Cheyne said.

Summaries of the feedback provided during the consultation periods can be found on the YourSay page.