It is against the law under the Act to discriminate against a person because their name and other relevant details have been published on the Fines Enforcement Registrar’s website (the Registrar's website).
If a person has accrued a substantial number of unpaid fines, a sheriff has the power to publish their name and other relevant details (such as how much in unpaid fines they owe, and the suburb where they live) on the Registrar’s website.
Direct discrimination occurs when a person is treated less favourably because their name is published on the Fines Enforcement Registrar’s website compared to another person in similar circumstances.
Indirect discrimination is when is when a requirement, condition or practice that is the same for everyone has an unfair effect on someone whose name is published on the Fines Enforcement Registrar’s Website, and is unreasonable in the circumstances.
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:
- Work
- Provision of goods, services and facilities
- Accommodation
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.
For the purposes of the Act, a person who causes, instructs, persuades, aids, or permits another person to engage in unlawful conduct is taken to have engaged in that conduct themselves.
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.
Complaints must be submitted in writing, but you are not required to use English. You may write your complaint in the language you feel most comfortable using.
The incident or incidents referred to in the complaint must have occurred within the 12 months prior to the date the complaint is lodged.
In some circumstances, the Commissioner may determine that there is good reason — or good cause — to include incidents that occurred more than 12 months before the complaint was submitted.
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