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12. Discrimination

red figurine of a person stands aside from the crowd of people

Discrimination means being treated unfairly because of a personal characteristic that is protected by law, like age, sex, gender identity, race or disability. These are known as ‘protected characteristics’.

In Victoria, protected characteristics are:

  • age
  • breastfeeding
  • gender identity
  • disability
  • requiring an assistance aid (for example, a wheelchair or assistance animal) (
  • employment activity
  • industrial activity
  • profession, trade or occupation
  • lawful sexual activity
  • marital status
  • status as a parent or carer
  • physical features
  • pregnancy
  • race
  • sex
  • sexual orientation
  • sex characteristics (physical features relating to sex)
  • political or religious beliefs or activities
  • an expunged homosexual conviction (a person who has successfully applied to have their historic homosexual conviction removed from the record)
  • a spent conviction (some kinds of convictions may be ‘spent’, and not appear on a person’s criminal record if they do not reoffend within a certain period).

Reference: https://www.legalaid.vic.gov.au/discrimination-and-victimisation#

Discrimination, in relation to communication, could involve the use of verbally offensive or abusive language or images to discriminate against any of the protected attributes listed above.