Defining Discrimination, Diversity and Inclusion

What is Discrimination?

There are two forms of Discrimination, direct and indirect.

Direct

Direct Discrimination occurs when an individual is, or group of people (who usually share a protected attribute or characteristic) are, treated, or proposed to be or likely to be treated, unfairly or less favourably than another person or group of people in the same or similar circumstances on the basis of one or more of the personal characteristics or attributes that are covered by the applicable State, Territory or Federal anti-discrimination legislation. This is sometimes referred to as disparate treatment Discrimination or formal inequality.

Indirect

Indirect Discrimination occurs where a requirement, condition or practice is imposed or proposed to be imposed, that is the same for all individuals or groups of people but which disadvantages, or has a disproportionate effect on, an individual or a group of people (who usually share a protected attribute or characteristic) and the condition, requirement or practice is not reasonable. This type of Discrimination is often referred to as adverse impact Discrimination or substantive inequality.

 

For the purposes of determining Discrimination, the intention, awareness or motive are not determinative.

The characteristics covered by State, Territory and Federal anti-discrimination legislation include, but are not limited to the following table.

 

Characteristics

age;

disability, mental and physical impairment;

family/carer responsibilities;

sex or gender;

gender identity;

intersex status;

irrelevant medical record;

irrelevant criminal record;

lawful sexual orientation;

marital status;

membership of association or organisation of employees or employer’s industrial activity or trade union activity;

physical features or characteristics;

political belief/activity;

pregnancy, potential pregnancy and breastfeeding;

profession, trade, occupation, or calling;

race;

religion, religious belief/activity;

sexual orientation;

social origin or natural extraction; or

association with a person who has, or is assumed to have, one or more of the characteristics listed above.

 
 

There are exceptions to the legislative prohibition on Discrimination.  The exceptions contained in each jurisdiction may be different, and Members should direct queries regarding such exceptions to the relevant agency or commission in their State or Territory.  The exceptions to State, Territory and Federal anti-discrimination law, including exceptions for sporting activities, include but are not limited to:

  1. holding a competitive sporting activity for a specific age or age group and only permitting age-eligible people to participate in such a competition (e.g. only those who are under the age of 15 years);
  2. excluding people on the basis of their sex and/or gender identity status  from participation in a competitive sporting activity where the strength, stamina or physique of competitors is relevant to the specific activity (note that this does not apply to activity by children who are under the age of 12 years); and
  3. not selecting a participant if the person’s disability means he or she is not reasonably capable of performing the actions reasonably required for that particular sporting activity.
 
For further information regarding Discrimination download the full Anti-Discrimination Policy here.

What is Diversity?

Diversity is the range and combination of peoples’ different attributes. Diversity may include, but is not limited to, identity characteristics, such as gender and gender identity, ethnicity, sexual orientation, disability, age and generation, religion and belief, socioeconomic background, family and marital and civil partnership status. 

These attributes and backgrounds combine uniquely for each individual and contribute to the way they perceive and interact with those around them, and often impact the way that others view and treat them.

Diversity is the range and combination of peoples’ different attributes. Diversity may include, but is not limited to, identity characteristics, such as gender and gender identity, ethnicity, sexual orientation, disability, age and generation, religion and belief, socioeconomic background, family and marital and civil partnership status. 

These attributes and backgrounds combine uniquely for each individual and contribute to the way they perceive and interact with those around them, and often impact the way that others view and treat them.

For further information regarding Discrimination download the full Anti-Discrimination Policy here.

What is Inclusion?

Inclusion is pro-active behaviours, options and actions to make all people, regardless of their diverse attributes feel welcome, respected, empowered to contribute and have equal access to opportunities in our sport.  If Diversity is the broad mix of people participating in our sport, then Inclusion is the process of working to ensure that these people are treated equally and fairly in football.

Being Inclusive means welcoming everyone to our sport, regardless of their diverse attributes.  Everyone has the right to be involved and it is beneficial to all when a Football Entity’s membership represents and reflects the whole community.

For further information regarding Discrimination download the full Anti-Discrimination Policy here.

Why are these important?

A diverse and inclusive sport will have a number of significant and material benefits for both individual Members and football generally.  By encouraging football to be Inclusive, celebrating Diversity, and embedding these culturally in our sport, it will:

  1. enable increased access to football or sport generally, which will have consequently material benefits for the individual participants;
  2. enable increased participation and membership of Football Entities;
  3. facilitate football to be more reflective and representative of broader society and local communities, and enable greater representation and participation of under-represented groups;
  4. assist in reducing or removing actual or perceived barriers to participation for specific groups of people who may be missing out on enjoying participating;
  5. ensure that all Football Entities and Members practically give effect to the commitment to prevent discrimination, encourage inclusion and diversity, and to foster a speak up culture;
  6. break down barriers and promote social inclusion; and
  7. enhance governance and decision-making, and encourage innovation.

A culture that permits or enables incidents of Discriminatory behaviour or conduct will have negative impacts on the football and its Members. 

There are also legal prohibitions on Discrimination in each State and Territory, which may impose additional obligations on Members to prevent this type of behaviour or conduct occurring in football.