New costs protection laws a game changer for access to justice

The Justice and Equity Centre welcomes the passing of the Australian Human Rights Commission Amendment (Costs Protection) Bill 2023, which establishes an ‘equal access’ costs model for federal discrimination law claims.

This is a reform we proposed with our partners at Grata Fund, to improve access to justice for people who have endured sexual harassment or discrimination on the basis of their race, sex, disability or other attributes. The new laws ensure people can take their claims to court without the significant financial risk of having to pay the legal costs of the person, company or organisation who has harassed or discriminated against them.

Quotes attributable to Mitchell Skipsey, Senior Solicitor at the Justice and Equity Centre:

‘This is a game changer. The old rules meant many people who experienced discrimination felt they couldn’t pursue a claim, due to the risk of losing their home or facing bankruptcy if they weren’t successful. No matter how strong the claim, no court case has a 100% chance of success – there is always risk. Now, more people will have the opportunity to seek justice after unlawful treatment.’

‘Discrimination claims can be a David and Goliath battle. Individuals, who might already be in vulnerable positions because of their race, sex, disability or other attributes, are often pitted against large corporates or government agencies with vast resources and budgets for legal fees. This change helps to level the playing field.’

‘We argued for this change as the financial pressure that was put on people and their families could make it impossible for them to pursue justice. We’ve had clients who have had to compromise even when they knew they were right, and that walking away could mean they and others would continue to face unlawful treatment.’

‘While the reform came out of the Respect@Work review, it has important implications for all people who experience discrimination anywhere in the community. It will help to protect people who face many kinds of discrimination – based on disability, race, sex, and more.’

‘The equal access costs model rightfully recognises that the public interest is served when perpetrators are held to account for unlawful behaviour. This reform empowers victim-survivors of harassment and discrimination and we expect to see many more successful cases, leading to an improved culture of zero tolerance for these behaviours.’

Media contact:
JEC Media and Communications Manager, Dan Buhagiar: 0478 739 280