The collective dimension of federal anti-discrimination proceedings in Australia: shifting the burden from individual litigants

The burden of pursuing federal anti-discrimination proceedings in Australia is essentially an individual one, with little regard to the collective dimension of such claims. This is reflected in the narrow approach to standing for organizations with established interests in areas affected by such claims, the scarcity of representative proceedings for breaches of federal anti-discrimination law legislation, and the lack of capacity on the part of the national human rights agency to pursue test case litigation or provide advice or support to individual complainants. In exploring these three key areas, this article highlights the shortcomings of the Australian regulatory approach and its failure to provide adequate mechanisms for redress that recognize the broader community concern in ensuring that discriminatory practices are identified and addressed.