Purpose:

To eliminate, as far as possible, discrimination against persons on the ground of age in various areas including work, education, and the provision of goods and services, while ensuring equality before the law regardless of age and promoting the participation of all age groups in society.

Objectives:

• To eliminate, as far as possible, discrimination against persons on the ground of age 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.
• To ensure, as far as practicable, that everyone has the same rights to equality before the law, regardless of age, as the rest of the community.
• To allow appropriate benefits and other assistance to be given to people of a certain age, particularly younger and older persons, in recognition of their particular circumstances.
• To promote recognition and acceptance within the community of the principle that people of all ages have the same fundamental rights.
• To respond to demographic change by removing barriers to older people participating in society, particularly in the workforce.
• To respond to demographic change by changing negative stereotypes about older people, bearing in mind the international commitment to eliminate age discrimination reflected in the Political Declaration adopted in Madrid, Spain on 12 April 2002 by the Second World Assembly on Ageing.

Key Provisions:

• Unlawful Discrimination: It is unlawful to discriminate directly or indirectly on the ground of age in employment (including for commission agents and contract workers), partnerships, qualifying bodies, and employment agencies.
• Unlawful Discrimination in Other Areas: It is unlawful to discriminate on the ground of age in 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.
• Victimisation: It is unlawful for a person to commit an act of victimisation against another person, including causing or threatening detriment due to the person having made a complaint, brought proceedings, given information, appeared as a witness, asserted rights, or made an allegation under this Act or the Australian Human Rights Commission Act 1986.
• Offences: Specific acts related to age discrimination are deemed offences, including publishing or displaying discriminatory advertisements and victimisation.
• Exemptions: Certain forms of age-based differentiation are exempted, such as positive discrimination for bona fide benefits or to meet needs/reduce disadvantage, acts of charities, religious or voluntary bodies, and discrimination based on actuarial or statistical data for superannuation, insurance, and credit.
• Exemptions for Laws and Orders: Actions taken in direct compliance with specified Commonwealth, State, or Territory laws, court orders, or certain workplace relations instruments are exempt.
• Commission Powers: The Australian Human Rights Commission is empowered to grant exemptions from the Act’s provisions and to promote understanding, undertake research and education, examine enactments, and report to the Minister on matters relating to age discrimination.
• Age Discrimination Commissioner: Establishes the role of an Age Discrimination Commissioner to perform functions related to age discrimination.
• Disclosure of Actuarial Data Source: The President or Commission may require the disclosure of the source of actuarial or statistical data used to justify discrimination in superannuation, insurance, or credit.

Evidence of Compliance Requirements For Agricultural Organisations:

• Non-discriminatory Employment Practices: Agricultural organisations, as employers, principals, or partners, must ensure that all arrangements, offers, terms, conditions, opportunities for promotion, transfer, training, benefits, dismissals, and other detriments related to employment (including for commission agents and contract workers) are free from age discrimination.
  • Required Evidence: Comprehensive, non-discriminatory job advertisements and recruitment materials; documented application and hiring processes that do not consider age unless an exemption applies; standardised employment contracts and terms; clear, objective policies for promotion, transfer, training, and benefits; and fair, documented dismissal procedures based on performance or conduct, not age.
• Justification for Inherent Requirements Exemption: If an agricultural organisation discriminates on the ground of age by asserting that a person is unable to carry out the inherent requirements of a particular employment, commission agent role, contract worker role, partnership, or work sought via an employment agency due to their age, they must be able to demonstrate this inability.
  • Required Evidence: Detailed, documented assessments showing that the individual’s age genuinely prevents them from meeting the inherent requirements of the role; records of consideration of the person’s past training, qualifications, experience, and (if applicable) performance in the role; and documentation of all other relevant factors considered to be reasonable in the circumstances.
• Non-discriminatory Provision of Goods, Services, Facilities, Accommodation, and Land: Agricultural organisations must provide goods, services, facilities, accommodation, or dispose of interests in land without discrimination on the ground of age, unless an exemption applies.
  • Required Evidence: Clear, publicly available policies and terms of service for goods, services, and facilities that do not differentiate based on age; non-discriminatory application processes and terms for accommodation; and transparent, non-discriminatory procedures for the disposal of land interests.
• Non-discriminatory Information Requests: Agricultural organisations must not request or require information (e.g., via forms) that could be used as a basis for unlawful age discrimination, unless explicitly justified by an exemption.
  • Required Evidence: Review and modification of all forms, surveys, and information-gathering processes to remove questions about age where such information is not essential and could lead to unlawful discrimination; clear justification if age-related information is collected for a lawful, exempted purpose.
• Documentation for Positive Discrimination: If an agricultural organisation implements programs or offers benefits that discriminate positively on the basis of age (e.g., a youth training program or seniors’ discount), it must be consistent with the purposes of the Act.
  • Required Evidence: Policy documents detailing the purpose of such programs or benefits, demonstrating that they provide a bona fide benefit to persons of a particular age, meet a need arising out of the age of persons of a particular age, or are intended to reduce a disadvantage experienced by people of a particular age.
• Record-Keeping and Disclosure for Actuarial/Statistical Data (Superannuation, Insurance, Credit): If an agricultural organisation provides superannuation, insurance, or credit services and differentiates based on age, this must be based on reasonable actuarial or statistical data.
  • Required Evidence: Comprehensive records of the actuarial or statistical data used to justify age-based differentiation, demonstrating that the data is reliable and its application is reasonable.
  • Reporting Requirements: Upon written notice from the President or the Commission, the organisation must disclose the source of the actuarial or statistical data within 28 days. Failure to comply is an offence.
• Due Diligence for Employee/Agent Conduct: Agricultural organisations must take reasonable precautions and exercise due diligence to prevent their directors, employees, or agents from engaging in discriminatory conduct.
  • Required Evidence: Implementation of clear anti-discrimination policies; regular training programs for all staff (including directors and agents) on age discrimination and compliance with the Act; establishing clear internal reporting mechanisms for discriminatory behaviour; and conducting thorough, documented internal investigations into allegations of discrimination.

Metadata Keywords:

Age discrimination, Employment, Discrimination law, Australian law, Human rights, Exemptions, Workplace, Services, Commonwealth.

Publication Information:

Compilation date: 11 December 2024 Includes amendments: Act No. 127, 2024 Authorised Version C2024C00840 registered 20/12/2024

Agricultural Industry Alignment:

Beef & Veal, Horticulture, Pig, Sheep Meat, All agricultural industries (in relation to farm household support).

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.gov.au/C2004A01302/2024-12-11/2024-12-11/text/original/pdf →