AFAO’s submission on the Consolidation of Commonwealth Anti-Discrimination Laws highlights concerns regarding proposed exemptions to the new laws. 

Download Submission (PDF, 430 KB)

AFAO's key concerns are in relation to migration for people with disability (including those with HIV); and discrimination on the grounds of sexuality and gender identity in relation to employment.

The principle of non-discrimination is at the core of democracy, where all citizens can legitimately expect fair treatment both before the law and in society generally.

AFAO believes that the current exemption of the Migration Act 1958 from the application of the DDA should not form part of the new law. This allows people with HIV to be excluded from Australia on the basis that their care and treatment costs may be ‘significant’.

This exemption is based on out-dated notions of disability and fails to take into account the significant cultural, social and economic contributions that people with disability make to society. It also can have devastating consequences on individual lives. In the case of people living with stigmatising conditions such as HIV, this exemption constitutes bad law from a public health and human rights perspective and should be removed.

We also oppose the Government’s proposal to allow religious organisations to discriminate against individuals on the grounds of sexual orientation and gender identity in relation to, inter alia, employment and the provision of services.

This exemption has become particularly inappropriate now that many religious organisations are contracted to provide services previously provided by Commonwealth agencies. Religious organisations, like their Commonwealth agency counterparts, should be prohibited from discriminating on the basis of sexual orientation and gender identity.