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The Age Discrimination Act 2004

By Group 2:

Kyri,

Morgan &

Sarah

1. The purpose of the legislation in simple terms

1.The purpose of the legislation in simple terms

The Age Discrimination Act 2004 helps to ensure that people are not treated less favourably on the ground of age in various areas of public life including:

  • employment
  • provision of goods and services
  • education
  • administration of Commonwealth laws and programs

The Act also provides for positive discrimination – that is, actions which assist people of a particular age who experience a disadvantage because of their age. It also provides for exemptions in the following areas:

  • superannuation
  • migration, taxation and social security laws
  • state laws and other Commonwealth laws
  • some health programmes.

Examples

  • It could be ‘direct age discrimination’ if an older applicant is not considered for a job because it is assumed that they are not as up to date with technology as a younger person.

  • It is also age discrimination when there is a rule or policy that is the same for everyone but has an unfair effect on people of a particular age. This is called ‘indirect discrimination’.

  • It may be indirect age discrimination if an employer requires an older person to meet a physical fitness test – which more young people are able to meet – if the fitness standard is not an inherent requirement of the job.

IP AUSTRALIA

IP Australia as an Australian employer is bound by the Act.

The Act states:

(1) It is unlawful for an employer or a person acting or purporting to act on behalf of an employer to discriminate against a person on the ground of the other person's age:

(a) in the arrangements made for the purpose of

determining who should be offered employment;

or

(b) in determining who should be offered employment; or

(c) in the terms or conditions on which employment is

offered.

(2) It is unlawful for an employer or a person acting or purporting to act on behalf of an employer to discriminate against an employee on the ground of the employee's age:

(a) in the terms or conditions of employment that the

employer affords the employee; or

(b) by denying the employee access, or limiting the

employee's access, to opportunities for promotion,

transfer or training, or to any other benefits

associated with employment; or

(c) by dismissing the employee; or

(d) by subjecting the employee to any other detriment.

2. How the legislation impacts your workplace

IP Australia has its own policies and guidelines in place ...

IP Australia has its own policies and guidelines in place to adhere to the objectives of this Act. The Harassment, Discrimination and Workplace Bullying Policy outlines what constitutes harassment, discrimination and workplace bullying, and their responsibilities in preventing and managing such incidents.

The policy states IP Australia will strive to achieve a healthy and safe workplace by addressing the issue of harassment, discrimination and workplace bullying. IP Australia is concerned to ensure that harassment, discrimination and workplace bullying does not occur but, in the event it does, appropriate action is taken quickly. IP Australia commits itself to educating employees as to the nature and effects of harassment, discrimination and workplace bullying, and to providing the necessary resources to inform them of the contents of this policy.

Everyone in IP Australia has a responsibility to support the agency’s workplace diversity program and to help it to succeed by:

  • drawing on their background, experience, skills and views to help achieve organisational, team and personal goals

  • treating others with respect and courtesy and behaving in a way that is consistent with the APS Values and the APS Code of Conduct

  • participating in workplace diversity training opportunities

  • being aware of the IP Australia workplace diversity program and contributing to its implementation.

This means that we embed diversity and inclusion ...

This means that we embed diversity and inclusion in everything we do - everyday. This is reflected in our recruitment processes, workplace culture, customer service, policies and procedures. The People Management team support our Diversity Champions and EDCOs to help us meet our principles and practices.

EDCOs are appointed to provide support and advice on matters relating to bullying and harassment. They are supported in their efforts to ensure that IP Australia values diversity, is free from discrimination, bullying and harassment, and is a safe and healthy organisation within which to work.

Employees involved in harassment, discrimination or workplace bullying incidents may access the IP Australia’s Employee Assistance Program for free confidential counselling.

IP Australia aims to keep on cultivating an environment that supports diversity in employment using a range of approaches. This will include working in collaboration with other APS agencies to support employment initiatives that enable our workforce to broadly reflect the diversity of our community.

The Age Discrimination Act 2004 - Section 3:

The objects of this Act are:

(a) to eliminate, as far as possible, discrimination against persons on the ground of age in the areas of work[...]

[...] (d) to promote recognition and acceptance within the community of the principle that people of all ages have the same fundamental rights; and

Under Priority 6 of IP Australia’s Strategic Plan, we have made...

Under Priority 6 of IP Australia’s Strategic Plan, we have made a commitment to maintain our health and well-being and value diversity.

The 2014-2018 program aims to:

  • foster diversity practice through our business planning and outcomes

  • encourage a diverse workforce and employment opportunities for employees especially those from underrepresented diversity groups

  • promote and embrace a culture of diversity and ensure our workforce is informed of, and committed to, diversity principles

  • maintain a flexible and responsive working environment and ensure the wellbeing of our people.

GOAL - Promote and embrace a culture of diversity and ensure our workforce is informed of and committed to diversity principles

STRATEGY - build workplace diversity concepts and practices into leadership, management and other tranining

ACTIONS - Encourage mature-aged staff to continue their personal development as well as contribute to the development of others

TIME FRAME - 2017

WHO? - PM/Business groups

3.Consequences of

non-compliance

The consequences for non-compliance with the act can be broken down into 2 sections:

1: Departmental consequences:

These include a lack of diversity within the workplace, loss of experience (life and professional), not meeting the requirements outlined in the Workplace Diversity Program, loss of trust and faith in the organisation

2: Personal Consequences:

Including Uncomfortable conversations (both informal and formal), extra training to meet APS compliance, Management of interractions, Escalation through formal channels, perfomance management, demotion, termaination and potentail legal action, including imprisonment.

What is Direct Discrimination?

(a) the discriminator treats or proposes to treat the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person of a different age; and

(b) the discriminator does so because of:

(i) the age of the aggrieved person; or

(ii) a characteristic that appertains generally to persons of the age of the aggrieved person; or

(iii) a characteristic that is generally imputed to persons of the age of the aggrieved person.

What is Indirect Discrimination?

(1) For the purposes of this Act, a person (the discriminator ) discriminates against another person (the aggrieved person ) on the ground of the age of the aggrieved person if:

(a) the discriminator imposes, or proposes to impose, a condition, requirement or practice; and

(b) the condition, requirement or practice is not reasonable in the circumstances; and

(c) the condition, requirement or practice has, or is likely to have, the effect of disadvantaging persons of the same age as the aggrieved person.

(2) For the purposes of paragraph (1)(b), the burden of proving that the condition, requirement or practice is reasonable in the circumstances lies on the discriminator.

Life Expectancy, and why age is a hot topic

Taken from http://www.abs.gov.au

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