[1985] VR 317
R v EQUAL OPPORTUNITY BOARD; Ex parte BURNS
SUPREME COURT OF VICTORIA
NATHAN J
3, 04 May 1984
[1985] VR 317
Administrative law — Statutory tribunal — Equal Opportunity Board — Procedure — Natural justice — Duty to conciliate — Duty to inform respondent of
allegations prior to hearing — Legal representation — Equal Opportunity Act
1977 (No. 9025), s35, s36.
.
S35 and s36 of the Equal Opportunity Act 1977 provided that where the
Commissioner for Equal Opportunity became seized of a complaint under the Act,
she was obliged to attempt to conciliate between the parties. If the
Commissioner failed to negotiate a conciliated settlement, she was obliged to
refer the complaint to the Equal Opportunity Board. The Board had powers to
regulate its own procedures, but no procedures had in fact been prescribed.
The Board had a discretion as to whether or not to permit persons appearing
before it to be legally represented.
S16 of the Act provided that a person discriminates against another person on
the ground of sex if "the first-mentioned person treats the other person less
favourably than he would treat a person of the other sex". S17 provided that
discrimination also occurs if a person treats less favourably a person who has
brought proceedings under the Act or has given information or evidence under
the Act. S18(2)(a) provided that it is unlawful for an employer to
discriminate against an employee on the ground of sex or marital status by,
inter alia, denying the employee any benefits connected with the employment.
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[1985] VR 317
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