It is unlawful under the Equal Opportunity Act 1984 to discriminate against a person because their details have been published on the Fines Enforcement Registrar’s website (the Registrar's).
If a person has accrued a substantial amount of unpaid fines, the Registrar has the power to publish their name and other relevant details (such as how much in unpaid fines is owed, and the suburb where the person lives on the on the Registrar’s website.
Direct discrimination occurs when
- a person is treated less favourably than another person who has never been convicted of an offence and has never been issued an infringement
- because a person's name has been published in the Registrar's site, and
- in circumstances that are not materially different
Indirect discrimination occurs when
- a seemingly fair and neutral condition is imposed, which
- you can’t comply with
- applies to everyone, and
- is not reasonable having regard to the circumstances of the case.
Where does the protection apply?
Under the Act it is unlawful to discriminate against a person because of the publication of relevant details on the Fines Enforcement Registrar’s website in certain areas of public life, including:
- Employment
- Provision of goods, services and facilities
- Accommodation
Example of discrimination
Direct discrimination may occur if you apply for accommodation in a rental property and the landlord or real estate agent refuses your application because your name appeared on the Registrar’s website
Responsibilities
Organisations must ensure they provide a working environment and services that are free from discrimination and they must take all reasonable steps to prevent it from happening or they may be held responsible for their employees’ actions.
A person causing, instructing, inducing, helping or permitting another person to do something unlawful is the same as doing it, for the purpose of the Act.
Making a complaint
A person who believes they have been discriminated against because of the publication of relevant details on the Fines Enforcement Registrar’s website can lodge a complaint with the Commissioner. The onus of proof lies with the person making the complaint.
The incident or incidents you are including in your complaint must have occurred within the 12 months previous to the date the complaint is lodged.
In some circumstances the Commissioner may decide there is good reason, or good cause, to include incidents that occurred more than 12 months before the Complaint Form is lodged.
