UNDER WRAPS: SECRECY, CONFIDENTIALITY AND THE ENFORCEMENT OF EQUALITY LAW IN AUSTRALIA AND THE UNITED KINGDOM

Confidentiality has become an integral part of the individual enforcement model for equality law in Australia and the United Kingdom. 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...

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Published in:Melbourne University law review Vol. 43; no. 2; pp. 384 - 422
Main Authors: Allen, Dominique, Blackham, Alysia
Format: Journal Article
Language:English
Published: Melbourne Melbourne University Law Review 01.12.2019
Melbourne University Law Review Association Inc
Subjects:
Access control
Attorney-client privilege
Comparative analysis
Confidentiality
Courts
Employment discrimination
Enforcement
Equal protection
Equality
Evaluation
Freedom of information
Government agencies
Jurisdiction
Law
Laws, regulations and rules
Legislation
Mediation
Openness
Provisions
Race relations
Regulatory reform
Rule of law
Secrecy
Settlements (Law)
Social aspects
Transparency
Tribunals & commissions
United Kingdom > UK
Australia
ISSN:0025-8938, 1839-3810
Online Access:Get full text
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Summary:Confidentiality has become an integral part of the individual enforcement model for equality law in Australia and the United Kingdom. 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 in each jurisdiction, including via an examination of statutory provisions, the processes adopted by statutory equality agencies, and the available information about claims. 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.
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ISSN:0025-8938
1839-3810