Purpose:

The purpose of this Act is to eliminate, as far as possible, discrimination against persons on the ground of age and to promote equality regardless of age, while allowing appropriate benefits for specific age groups and addressing demographic changes related to older people’s participation in society and stereotypes.

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, and changing negative stereotypes about older people.

Key Provisions:

• It is unlawful to discriminate on the ground of age, whether directly or indirectly.
• Discrimination is unlawful in relation to work, including employment, commission agents, contract workers, partnerships, qualifying bodies, registered organisations, and employment agencies.
• Discrimination is unlawful in other areas, including education, access to premises, goods, services and facilities, accommodation, land, administration of Commonwealth laws and programs, and requests for information.
• Certain general exemptions apply, such as for positive discrimination (bona fide benefits, meeting needs, reducing disadvantage), charities, religious bodies, voluntary bodies, superannuation, insurance, credit (based on actuarial data), and direct compliance with various laws (including taxation, pensions, health, migration, and some workplace relations instruments).
• The Australian Human Rights Commission has functions including promoting understanding of the Act, undertaking research and educational programs, examining enactments for consistency, reporting on necessary laws, preparing guidelines, and intervening in court proceedings.
• The Age Discrimination Commissioner is established within the Australian Human Rights Commission.
• It is an offence to publish advertisements indicating an intention to discriminate unlawfully.
• It is unlawful and an offence to commit an act of victimisation against a person for exercising their rights under this Act or the Australian Human Rights Commission Act 1986.
• Provisions for liability of persons involved in unlawful acts and conduct by directors, employees, and agents are included.

Evidence of Compliance Requirements For Agricultural Organisations:

• General Non-Discrimination Obligation:
  • Action Needed: Agricultural organisations must ensure that all arrangements, offers, terms, conditions, access to opportunities, and decisions related to employment (including hiring, promotion, transfer, training, dismissal), work for commission agents and contract workers, entry into partnerships, and access to qualifications do not directly or indirectly discriminate on the ground of age. Similarly, non-discriminatory practices are required for admission to educational programs, access to premises and facilities, provision of goods and services, accommodation, and disposal of land.
  • Documentation Needed: Comprehensive internal policies and procedures explicitly prohibiting age discrimination across all relevant areas of operation (e.g., Human Resources policies, Service Delivery Charters, Sales Policies). Records of training provided to staff, management, directors, and agents on anti-discrimination laws and policies.
• Justification for Inherent Requirements Exemption (Sections 18(4), 19(3), 20(2), 21(4), 22(2), 24(2)):
  • Action Needed: If an agricultural organisation determines that a person is unable to carry out the inherent requirements of a particular employment, commission agency, contract work, partnership, or profession/trade/occupation because of their age, the organisation must objectively assess the individual’s past training, qualifications, experience, and performance. All other relevant factors must be considered to justify the decision as reasonable.
  • Documentation Needed: Detailed job descriptions or role specifications outlining the inherent requirements. Records of the assessment process, including criteria used, evaluation results, and a clear rationale for the decision linking the individual’s inability to inherent requirements due to age, supported by objective evidence.
• Youth Wages Practices (Section 25):
  • Action Needed: If an agricultural organisation applies youth wages (remuneration for persons under 21), it must ensure these practices are in direct compliance with relevant industrial instruments, awards, or enterprise agreements.
  • Documentation Needed: Copies of applicable industrial awards, enterprise agreements, and payroll records demonstrating adherence to stipulated youth wage rates.
• Superannuation, Insurance, and Credit Practices (Section 37):
  • Action Needed: If an agricultural organisation provides or offers services relating to superannuation, insurance (e.g., crop insurance, machinery insurance), or credit (e.g., loans for agricultural equipment), and applies age-based discrimination, such discrimination must be based on reasonable actuarial or statistical data. If no such data is available, the discrimination must be reasonable having regard to other relevant factors. The organisation must be prepared to disclose the source of this data.
  • Documentation Needed: Actuarial or statistical data used to inform age-based terms or refusal of services. Records of analysis and justification for relying on such data. If data is unavailable, documentation of other relevant factors considered and the rationale for the reasonableness of the discrimination.
  • Reporting Requirements: Upon written notice from the President or the Australian Human Rights Commission, the organisation is required to disclose the source of the actuarial or statistical data on which the act of discrimination was based (Section 54(2)).
  • Timeframe: This disclosure must be made within 28 days of being given the notice (Section 52(1)(b)). Failure to comply is an offence.
• Advertising Practices (Section 50):
  • Action Needed: Agricultural organisations must not publish, display, or permit the publication or display of any advertisement or notice that indicates, or could reasonably be understood as indicating, an intention to do an act that would be unlawful under the Act.
  • Documentation Needed: Advertising and marketing policies that include non-discrimination clauses. Records of internal review processes for advertisements before publication.
• Prevention of Victimisation (Section 47A, 51):
  • Action Needed: Agricultural organisations must ensure that no act of victimisation is committed against a person for having made a complaint, brought proceedings, given information or documents, attended a conference, appeared as a witness, asserted rights, or made an allegation under this Act or the Australian Human Rights Commission Act 1986. This includes preventing direct detriment or threats of detriment.
  • Documentation Needed: Anti-victimisation policies and codes of conduct. Training materials for staff on victimisation. Records of internal complaints mechanisms and their resolution.
• Due Diligence for Conduct by Directors, Employees, and Agents (Section 57):
  • Action Needed: An incorporated agricultural organisation must take reasonable precautions and exercise due diligence to avoid unlawful age discriminatory conduct by its directors, employees, or agents acting within the scope of their actual or apparent authority.
  • Documentation Needed: Comprehensive training records for all personnel on anti-discrimination laws and company policies. Records demonstrating active oversight, policy enforcement, and internal accountability measures (e.g., internal audit reports, disciplinary action records).

Metadata Keywords:

Age discrimination, Employment, Human rights, Australian law, Anti-discrimination, Workplace, Services, Exemptions, Compliance, Actuarial data.

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, Chicken, Coarse Grains, Cotton, Dairy, Eggs, Fisheries, Forestry, Horticulture, Oilseeds, Pig, Sheep Meat, Sugar, Wheat, Wine, Wool.

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 →