Indirect systemic discrimination potentially can occur where the organisational
norms, rules or procedures used to determine the allocation of positions and
benefits, in public life, appear neutral on face value. This is so because norms and
rules are designed around the attributes of a dominant group, against whom
minorities are less able to comply. The Australian Racial Discrimination Act 1975
(Cth) (‘RDA’) prohibits indirect discrimination in s9(1A), requiring that four
elements be satisfied:
1. The imposition of a requirement or condition;
2. The disparate impact of the requirement or condition;
3. The inability of the complainant to comply; and
4. A lack of justification for the requirement or condition.