Discrimination

Canberra is known as a city rich in cultural diversity. Every Canberran and visitor to the territory has the right to be treated fairly regardless of their background, gender, age or ability.

Discrimination

The purpose of the Discrimination Act 1991 (ACT) (the Discrimination Act) is to ensure that everyone in the community can enjoy fair treatment and equality of opportunity.

Discrimination means to treat someone unfavourably because of a number of attributes including disability, sex, race, religion, immigration status, gender identity, sexuality, age, subjection to domestic or family violence, irrelevant criminal record, physical features and relationship status. These are called protected attributes and the full list is in section 7 of the Discrimination Act.

Discrimination can be direct or indirect and can occur in many forms such as refusing to serve someone at a restaurant because of their race, not allowing a visually impaired person into a store because they have a guide dog or not having an accessible ramp into a building.

Unlawful vilification

Unlawful vilification occurs when a person incites hatred towards, revulsion of, serious contempt for, or severe ridicule of, a person or group of people, other than in private, because of one of these attributes:

• disability
• gender identity
• HIV/AIDS status
• race
• religious conviction
• sex
• sex characteristics
• sexuality
• association (whether as a relative or otherwise) with a person or group of people who has one of the above protected attributes.

For example, making a comment on a radio show, giving a speech, handing out pamphlets, showing recorded material at an event open to the public , writing a publicly viewable post on social media or wearing an offensive T-shirt.

When vilification and discrimination involving one of the protected attributes happens in public life it is unlawful, but not a criminal offence.  We encourage you to report any concerns regarding discrimination or unlawful vilification to the ACT Human Rights Commission.

For more information about discrimination and unlawful vilification, including how to make a complaint, visit the ACT Human Rights Commission website.

Serious vilification

Serious vilification is a criminal offence under s 750 of the Criminal Code 2002 (ACT). Serious vilification involves an intentional and public threatening act that could incite hatred toward, revulsion of, serious contempt for or severe ridicule of, a person or group of people on the same grounds as unlawful vilification:

• disability
• gender identity
• HIV/AIDS status
• race
• religious conviction
• sex
• sex characteristics
• sexuality
• association (whether as a relative or otherwise) with a person or group of people who has one of the above protected attributes.

Like unlawful vilification, a public act can include things that happen online, public hate speech, distributing or showing recorded material at an event open to the public, and wearing or displaying clothes, signs or flags.