Under Wraps: Secrecy, Confidentiality and the Enforcement of Equality Law in Australia and the UK

27 Pages Posted: 30 Jul 2019

See all articles by Dominique Allen

Dominique Allen

Labour, Equality and Human Rights research group, Department of Business Law, Monash Business School; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Alysia Blackham

Melbourne Law School, the University of Melbourne; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: July 26, 2019

Abstract

Confidentiality has become an integral part of the individual enforcement model for equality law in Australia and the UK. Contrary to the focus on openness and transparency in the courts generally, confidentiality is embedded in the enforcement, process, and outcomes of equality law. In this article, we consider the role and utility of confidentiality in equality law in Australia and the UK. We scrutinise the ways confidentiality is embedded in the enforcement, process, and outcomes of equality law, including via an examination of statutory provisions in each jurisdiction, the processes adopted by statutory equality agencies and the available information about claims in each jurisdiction. We argue that the enforcement of equality law requires a more nuanced balance between confidentiality and transparency to support the individual and systemic aims of equality law and the imperatives of the rule of law.

Keywords: confidentiality, discrimination, equality, Australia, United Kingdom

Suggested Citation

Allen, Dominique and Blackham, Alysia, Under Wraps: Secrecy, Confidentiality and the Enforcement of Equality Law in Australia and the UK (July 26, 2019). Melbourne University Law Review, Vol. 43, No. 2, 2019, Berkeley Comparative Equality & Anti-Discrimination Law Working Paper No. Forthcoming, Available at SSRN: https://ssrn.com/abstract=3426902

Dominique Allen

Labour, Equality and Human Rights research group, Department of Business Law, Monash Business School ( email )

Caulfield Campus
Sir John Monash Drive
Caulfield East, Victoria 3084
Australia

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

Alysia Blackham (Contact Author)

Melbourne Law School, the University of Melbourne ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

HOME PAGE: http://https://www.findanexpert.unimelb.edu.au/display/person97769

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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