The Equal Opportunity Bill will broaden the grounds on which people are protected from discrimination and, for the first time, enable complaints to be made to the Equal Opportunity Commissioner about vilification based on disability, race, religion, sexual orientation, gender identity or sex.
The proposed reforms would also make discrimination unlawful against people experiencing homelessness, people exposed to family and domestic violence, pregnant or breastfeeding people, people with carer responsibilities, and those involved in trade union activities.
The legislation is intended to provide clearer avenues for people subjected to hatred, threats or serious abuse, including conduct motivated by antisemitism or Islamophobia, while promoting safer and more inclusive communities.
A key feature of the Bill is its focus on preventing discrimination and harassment before harm occurs. Businesses, schools and other organisations would be required to take reasonable steps to eliminate discrimination, harassment and vilification, having regard to their size and available resources.
Schools and employers would also be required to make reasonable adjustments for students and employees with disability, pregnant people, breastfeeding mothers and people with carer responsibilities, with the aim of supporting greater participation and inclusion.
The Bill would extend workplace accountability by making it unlawful for judicial officers, local councillors and Members of Parliament to discriminate against or harass people who work for or with them.
The proposed reforms would also remove the disadvantage test from the definition of sexual harassment. This change follows recommendations by the Law Reform Commission of Western Australia and the Community Development and Justice Standing Committee in its report, ‘Enough is Enough’: Sexual harassment against women in the FIFO mining industry.
Removing the test is intended to place greater emphasis on the conduct itself and make it easier to establish complaints of sexual harassment.
The legislation follows a 2022 review of Western Australia’s existing equal opportunity laws and regulations by the Law Reform Commission of Western Australia.
The Law Society will engage with the State Government on behalf of the legal profession as the Bill progresses through Parliament.
