Age Discrimination Act 2004
The Age Discrimination Act 2004 prohibits discrimination on the basis of age in employment, education, housing, and the provision of goods and services. The Act covers both young and older Australians, protecting against age-based stereotyping and unfair treatment. The Act prohibits direct and indirect age discrimination, as well as age-based harassment. The Act includes exceptions for genuine occupational requirements, youth wages, and concessional benefits for older Australians. The Act is the most recent addition to Australia’s suite of federal anti-discrimination legislation and closes the gap in protections against age-based discrimination.
Legal area: Human rights law prohibits discrimination on various grounds and establishes institutional mechanisms for the protection and promotion of human rights.
Year enacted: 2004
Full text: https://www.legislation.gov.au/Details/C2004A00068
Key Provisions
- Section 14: Discrimination in employment (recruitment, terms, dismissal)
- Section 16: Discrimination against contract workers
- Section 20: Discrimination in education
- Section 22: Access to premises and provision of goods, services, and facilities
- Section 25: Age discrimination in the administration of Commonwealth laws
- Section 31: Exceptions (genu occupational requirements, youth wages, positive discrimination)
- Section 37: Positive duty of Commonwealth to eliminate age discrimination
Significance
The Age Discrimination Act 2004 completed Australia’s federal anti-discrimination framework by adding age to the protected characteristics. The Act addresses both youth discrimination (in employment, pay, and access to services) and discrimination against older Australians (particularly in employment and insurance). The Act has been particularly important in addressing age-based stereotypes in the workplace and in challenging mandatory retirement ages.