Comment
Too many exemptions in draft legislation
The Federal Government’s proposed Age Discrimination Legislation has too many exemptions says PATRICIA REEVE, Director, COTA National Seniors Policy Secretariat.
COTA National Seniors Partnership believes that there are too many exemptions in the Federal Government’s draft legislation. While in strong agreement for the need for such legislation, and supportive of most of the proposals, we believe that there are too many exemptions proposed, and that several of the recommendations are wrong.
Under the legislation as it is proposed, Judges will still have to retire at the age of 70, whatever their wishes and competence at that time. This, and other legislation using age rather than competence, should be changed immediately.
The proposal to allow age as a possible factor in individual clinical decisions is also unacceptable. In the UK upper limits are imposed for a range of health services including heart bypass operations and kidney dialysis and we do not want to see that allowed in Australia.
Generally speaking we believe:
o The proposed legislation is welcome but there are concerns about the extent and scope of proposed exemptions. Commonwealth legislation is discriminatory in many cases and such legislation should be amended rather than protected by exemption. All legislation needs to be reviewed and changed, if necessary with a definite timetable for this.
o Age discrimination is deeply entrenched – change requires leadership on the part of the Commonwealth Government. Wholesale exemption of Commonwealth Acts and Regulations signals a lack of commitment to the community.
o Old age is not an indicator of competence and any assessment or eligibility criteria should be based upon the ability to perform the task required.
o The Information Paper does not indicate that the Act will be administered by its own Commissioner, and will be adequately staffed and resourced.
o An Age Discrimination Act will need to be linked to a well funded and concerted public education campaign both about the Act and age discrimination.
o The new arrangements in regard to enforceable determinations through the Federal Court need to ensure that complainants are not disqualified from taking cases forward due to cost or other barriers.
The Human Rights and Equal Opportunity Commission (HREOC) made 14 specific recommendations in Age Matters: a report on age discrimination. The report and its recommendations were strongly supported by COTA National Seniors and should all be incorporated into the legislation. For example, it said superannuation laws should not be exempt, as proposed.
The action of government departments in tackling age discrimination themselves will be an important part of the tone and approach of government. If government departments are thought or seen to be reluctant in their approach and/or arguing for exemptions, this is likely to reduce the effectiveness of measures designed to combat discrimination in employment, health and social care. The Government needs to lead by example.
COTA National Seniors Partnership has carefully considered the draft legislation and made a detailed submission which can be found at www.cota.org.au
