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International Journal of Discrimination and the Law
Article . 2025 . Peer-reviewed
License: CC BY NC
Data sources: Crossref
SSRN Electronic Journal
Article . 2025 . Peer-reviewed
Data sources: Crossref
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Anti-discrimination Legislation in Australia: A Reckoning

Authors: Margaret Thornton;

Anti-discrimination Legislation in Australia: A Reckoning

Abstract

In recognition of the 30 th anniversary of the IJDL, this article overviews anti-discrimination law in the Australian federal jurisdiction noting major trends. The individual complaint-based mechanism at the centre of anti-discrimination law has contributed to a degree of stagnation in respect of the grounds of race, disability, and age in terms of both legislation and jurisprudence, while sex and sexual harassment have been comparatively dynamic. First, the idea of sex as a binary was replaced with a new understanding of gender identity that prohibits discrimination against LGBTIQ + people; secondly, Respect@work emerged from the international #MeToo movement and gave rise to a range of reforms, which included positive action and an innovative equal costs regime that has the potential to revolutionise discrimination jurisprudence. While positive action is limited to the ground of sex, the equal costs regime applies to all grounds. It is nevertheless noted that equality, the aim of anti-discrimination legislation, remains elusive as competition policy and wealth accumulation are central in a market-based society and supportive of managerial prerogative.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
hybrid