Anti-discrimination and equal opportunity laws aim to ensure that we can all participate in the public life of the community, free from certain forms of discrimination and harassment.

If someone complains that they have been unfairly treated, and it is fits the definitions under equal opportunity law, a complaint of discrimination can be lodged with an anti-discrimination agency.

To fit the law, the complaint needs to have:

1. a detriment or less favourable treatment
2. a reason or ground
3. an area of public life
4. occurred within certain time limits.

Grounds

The grounds described by the law are personal characteristics that we all have. Equal opportunity laws make it unlawful for anyone to be treated unfairly on certain grounds, such as age, sex, pregnancy or sexuality.

Some examples follow:

Sex

Example: Prizes of different value are given for male and female competition in the same club.

Race

Example: An Aboriginal player is overlooked for team selection, due to his race.

Age

Example: A club refuses to clear a player to another team because of their age.

Marital Status

Example: A player is deliberately excluded from team activities and social functions after she divorces her husband who is an official of the club.

Pregnancy

Example: A woman is dropped from her softball team when she becomes pregnant.

Sexuality

Example: A footballer is ostracised from his team after his homosexuality is disclosed.

Impairment

Example: A junior player is overlooked because of her mild epilepsy.

In addition to these personal characteristics, the law also covers other behaviours, including:

Sexual Harassment

Example: A male tennis coach keeps putting his hand on a woman's bottom during coaching sessions, making her feel very uncomfortable.

Victimisation

Example: A player is ostracised by her male coach for complaining about his sexist behaviour to another club official.

Areas

Discrimination can happen in many different places.

Equal opportunity laws are about our participation in the public life of the community. What you think, do or say in private and between friends is your business.

In most Australian jurisdictions there is no specific area of 'sport.' However, discrimination is unlawful in some more general areas of activity - such as clubs and associations, and employment - which may be relevant in a sporting context.

Victoria is the only State where the law sets out a specific area of discrimination in sport. The Victorian Equal Opportunity Act 1995 (Section 65) reads:

A person must not discriminate against another person--

(a) by refusing or failing to select the other person in a sporting team;

(b) by excluding the other person from participating in a sporting activity.

There are also federal anti-discrimination laws.

You should contact your anti-discrimination agency to find out how the law applies to sport in your State/Territory.

Where to next>> Areas most relevant to sport