ABSTRACT

This chapter outlines the approach taken in the South Australian anti-discrimination legislation and identifies any issues arising from it which may help inform the debate in the UK about the structure of any proposed legislation. It focuses on the background to the legislation; the scope of the anti-age discrimination provisions; the enforcement mechanism; and the approach of the courts to the legislation. The South Australian Equal Opportunities Act 1984 now prohibits discrimination on the grounds of age in most areas of public life. As with UK sex and race discrimination legislation, the South Australian legislation prohibits direct and indirect discrimination. Unlike that UK legislation however, the South Australian legislation also prohibits 'characterisation'. Complaints of discrimination concerning access to goods and services travel immediately through the civil court system and once again, all hearings are generally open to the public. A Commission member will investigate the complaint and attempt to settle the matter informally between the parties.