Equal Opportunity Board

Full description

Background

The Equal Opportunity Act 1977 (No.9025) made it unlawful to discriminate on the grounds of sex (including sexual harassment) or marital status in certain areas. This Act established The Office of the Commissioner for Equal Opportunity (VA 1830) and the Equal Opportunity Board (VA 1417).

Function

The Equal Opportunity Board acted as a tribunal to hear and determine complaints which could not be resolved by conciliation from the Commissioner for Equal Opportunity and to also resolve applications for exemptions from the provisions of the Equal Opportunity Act. The Board's function was adjudicative. The Board's proceedings were subject to appeal to the Supreme Court by way of re-hearing.

From 1977 to 1983 the function encompassed:The Attorney General assumed responsibility for the hearing of racial discrimination complaints from the Minister for Ethnic Affairs (VRG 76) in 1984 and for the Equal Opportunity Commission from the Premier (VRG 50) in 1985. Following the abolition of the Attorney General's department in 1992, the responsibility was transferred to the Department of Justice (VA 3085).

The Victorian Equal Opportunity Amendment Act 1993 (No. 123) reworked the structure and operations of Equal Opportunity Authorities. The Commissioner for Equal Opportunity was replaced with a five person Equal Opportunity and Human Rights Commission (VA 4178). The Equal Opportunity Board continued to operate in an interim capacity until the advent of the Victorian Equal Opportunity Act 1995 (No. 42) which stated that complaints that could not be resolved by conciliation through the Equal Opportunity and Human Rights Commission were able to be referred to the Anti-Discrimination List, within the Victorian Civil and Administrative Tribunal (VCAT) (VA 4146).