Anti-discrimination - some observations from downunder, the Australian experience on age discrimination

While legislation is in place in Australia to combat age discrimination, the actual impact of the legislation would appear to be minimal and age discrimination can still be found in a number of areas, not the least being employment and goods and services. This paper will examine the effectiveness of age discrimination legislation, the difficulties associated with proving discrimination, and offer an explanation as to why so few cases are reported and dealt with by the relevant tribunals and courts. Australia has a federal system of government, comprising six states and two territories. Age discrimination legislation can be found at both the federal and state/territory levels. State legislation prohibiting age discrimination preceded the Commonwealth legislation. Under the Commonwealth legislation, discrimination is prohibited in the areas of work, education, access to premises, the provision of goods, services and facilities, accommodation, the disposal of land, the administration of Commonwealth laws and programs and requests for information. There is also complementary state legislation prohibiting discrimination on the basis of age. In the largest state, New South Wales, the legislation explicitly declares compulsory retirement unlawful. It also prohibits discrimination in offers of employment and terms of employment.