The ABCs of General Protections in Australia: Know Your Legal Rights

The concept of general protections refers to a set of legal rights in Australia that protect individuals from adverse treatment in the workplace and beyond. These protections are outlined in the Fair Work Act 2009 and are designed to prevent discrimination, harassment, and other forms of unfair treatment. In this article, we will provide a comprehensive guide to the ABCs of general protections in Australia, including what they are, who they apply to, and how you can assert your legal rights.

What are General Protections?

General protections are a set of legal rights that are designed to protect individuals from adverse treatment based on certain protected attributes. These attributes include age, race, gender, sexual orientation, political beliefs, and more. The protections apply to a range of situations, including employment, industrial activities, and certain types of business dealings.

Some examples of adverse treatment that are prohibited under general protections include dismissal, demotion, suspension, or any other unfavorable action taken against an employee. It is important to note that these protections also extend to prospective employees, contractors, and other individuals who may not have an official employment relationship.

Who do General Protections Apply to?

General protections apply to all workers in Australia, regardless of their industry or occupation. This includes both full-time and part-time employees, casual workers, and contractors. Additionally, general protections also apply to prospective employees who may have been discriminated against during the recruitment process.

It is worth noting that general protections also extend to businesses and organizations that engage in industrial activities. This includes activities such as industrial action, bargaining, and dispute resolution.

How Can You Assert Your Legal Rights?

If you believe that your general protections have been breached, there are several steps that you can take to assert your legal rights. The first step is to raise your concerns with your employer or the person responsible for the adverse action. You should explain the nature of the alleged breach and provide any supporting evidence that you may have.

If your concerns are not resolved through internal channels, you may wish to seek assistance from an external agency. The Fair Work Commission is responsible for investigating and resolving disputes related to general protections. The Commission can provide advice and support on how to assert your rights, and can also facilitate mediation and conciliation to resolve disputes.

In addition to the Fair Work Commission, there are also several other agencies that can provide support and advice on general protections. These include the Australian Human Rights Commission, the Equal Opportunity Commission, and the Anti-Discrimination Board.

What are the Penalties for Breaching General Protections?

Breaching general protections can result in significant penalties for employers and organizations. The Fair Work Commission has the power to award compensation to individuals who have been adversely affected by a breach of general protections. This compensation can include lost wages, compensation for pain and suffering, and reimbursement for any expenses incurred as a result of the breach.

Additionally, employers who breach general protections may be subject to fines and other penalties. For example, employers who engage in discriminatory practices may be fined up to $66,000 for an individual and $330,000 for a corporation.

Conclusion

In conclusion, general protections are a set of legal rights that are designed to protect individuals from adverse treatment in the workplace and beyond. These protections are outlined in the Fair Work Act 2009 and apply to all workers in Australia. If you believe that your general protections have been breached, there are several steps that you can take to assert your legal rights, including raising your concerns with your employer and seeking assistance from an external agency.

It is important to be aware of your rights under general protections and to take action if you believe that these rights have been breached. By asserting your legal rights, you can help to create a more fair and equitable workplace for all.