Speak up and submit
If you think that the legal entrenchment of age discrimination against older workers is a major problem in Australia, then speak up. The Australian Law Reform Commission is conducting an inquiry into this matter and needs your submission now.
Interested individuals and organisations have a little over a month to put forward a submission to the Australian Law Reform Commission’s (ALRC) inquiry into the legal entrenchment of age discrimination in the workplace.
The ALRC has just released its Grey Areas: Age Barriers to Work in Commonwealth Laws inquiry issues paper, to help guide the inquiry process; raise the questions and highlight the issues already identified by the ALRC; and provide people wanting to present a written submission with background material and analysis.
The Grey Areas inquiry, part of the Australian Government’s response to addressing age discrimination, aims to look at the legal barriers to mature age (over 45 years of age) participation in the workforce and other productive work.
Submissions received by the community and aged care sector will help inform the development of draft inquiry reform recommendations to be released by the ALRC in a discussion paper later this year.
Age Discrimination Commissioner, Susan Ryan, who is also a part-time commissioner for the inquiry, said it was imperative for Australia to identify and remove the barriers to participation, whether they are in our laws, or in the legal frameworks or procedures that surround those laws, if we are to truly be a socially inclusive society.
“We want people to be able to make their own decisions about matters affecting them … and we want to ensure that the legal system supports them in their decisions,” Commissioner Ryan said.
“A socially inclusive society is one in which everyone is valued and has the opportunity to participate fully, including participation in paid work where that is the person’s choice.”
The inquiry will consider all relevant Commonwealth legislation and related legal frameworks that either “directly, or indirectly, impose limitations or barriers that could discourage older persons from participating, or continuing to participate, in the workforce or other productive work.
It will also cover a range of laws, including superannuation law; family assistance, child support and social security law; employment law; insurance law; compensation laws; and any other relevant Commonwealth legislation exempt under the Age Discrimination Act 2004 (Cth).
Professor Rosalind Croucher, president of the ALRC, said that “there is often a complex interaction between things that are ‘barriers’ to workforce participation and things that are ‘incentives’ to leave the workforce”.
Leaving the paid workforce may also mean people are able to make a valuable contribution in other productive work—like the hugely important role of volunteers in the community.
According to the ALRC, there are six interlinking principles that should guide this reform: participation; independence; self-agency; system stability; system coherence; and fairness.
The closing date for submissions is Thursday 14 June 2012 and the final report is to be delivered by 31 March 2013.
To obtain more information and download the Issues Paper, visit the ALRC website, www.alrc.gov.au, or contact the ALRC for a hard copy (02 8238 6333).
Submissions can be made at: www.alrc.gov.au/content/age-barriers-work-issues-paper
Written submissions can also be posted, faxed or emailed to the ALRC at GPO Box 3708 Sydney NSW 2001.
