Consolidation - Discussion Paper - Submissions - 239 - COTA Australia.DOC - SUBMISSION IN RESPONSE TO ATTORNEY-GENERAL’S DEPARTMENT DISCUSSION PAPER

Consolidation - Discussion Paper - Submissions - 239 - COTA Australia.DOC

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SUBMISSION IN RESPONSE TO ATTORNEY-GENERAL’S DEPARTMENT DISCUSSION PAPER CONSOLIDATION OF COMMONWEALTH ANTI-DISCRIMINATION LAWS National Policy Office February 2012 i
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COTA Australia GPO Box 1583 Adelaide SA 5001 08 8232 0422 Authorised by: Ian Yates AM Chief Executive [Contact details removed] Prepared by: Dr Chloe Mason Policy Officer COTA NSW [Contact details removed] ii
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Table of contents Introduction 1 Issues of special relevance to the ageing of society 2 Meaning of discrimination 3 Emerging artist awards restricting older people 5 Protected attributes 7 Associate discrimination 8 More than one protected attribute 8 Protected areas; public life 8 General limitations-exceptions and exemptions 10 Complaints and compliance frameworks: standards 10 Role of Australian Human Rights Commission 11 Conclusions 13 Abbreviations and Glossary of terms 14 References 14 Appendix 1 - extracts from anti-discrimination legislation with respect to age discrimination 17 Appendix 2 - ABS Retirement and retirement (employment) intentions 19 iii
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Introduction COTA Australia is the national policy arm of the eight State and Territory Councils on the Ageing (COTA) in NSW, Queensland, Tasmania, South Australia, Victoria, Western Australia, ACT and the Northern Territory. COTA Australia has a focus on national policy issues from the perspective of older people as citizens and consumers and seeks to promote, improve and protect the circumstances and wellbeing of older people in Australia. This submission incorporates the views of our members developed through various consultation mechanisms and agreed by the National Policy Council. COTA’s policy work is guided by five policy principles: maximising the social, economic and political participation of older Australians; promoting positive views of ageing, rejecting ageism and challenging negative stereotypes; promoting sustainable, fair and responsible policies; focusing on protecting against and redressing disadvantage; and protecting and extending services and programs that are used and valued by older Australians. COTA’s draft submission responds to the Attorney-General’s Department’s Discussion Paper (the Paper) entitled the Consolidation of Commonwealth Anti–Discrimination Laws In this context, consolidation refers to the introduction of a single, comprehensive law to replace the existing four separate pieces of legislation, dealing with the grounds or “attributes” of sex, race, disability and age and the act, that established the Australian Human Rights Commission (AHRC). We applaud the declaration of principles as a safety net for articulating expectations about the protecting human rights and meeting our international obligations while introducing simpler and most cost-effective mechanisms.
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