The most recent compilation of Australia’s Age Discrimination Act 2004 is dated Nov. 10. Its section three states that the main object of the law is “to eliminate, as far as possible, discrimination against persons on the ground of age,” including in areas of work, education, access to premises, and more.
Although age discrimination has been outlawed in Australia, there is still evidence of widespread discriminatory practices that are tolerated or even initiated by state governments.
The Australian population is demonstrably ageing. Currently, 16.2 percent of the population is older than 65, and of these, 31 percent—approximately 1.3 million people—are 75 or older.
Although there are various federal and state government assistance packages and programs, such as the old-age pension, travel concessions, and health benefits, a range of discriminatory practices marginalise this vulnerable age group.
As people get older, the number of discriminatory practices increases, and it becomes gradually more difficult to access travel insurance at a time when many senior citizens would like to travel or make additional superannuation contributions, including salary sacrifice and after-tax contributions.
Undoubtedly, as Australia’s population is ageing, ageism has become a serious human rights issue, the existence of which is acknowledged by the Australian Human Rights Commission (AHRC). The AHRC notes on its website that “71 percent of Australian adults over 65 reported that they had been insulted or mistreated on the basis of their age.”
‘M’ for Marginalisation
For example, in Queensland, people who have reached the age of 75 have to submit a certificate, signed by their medical practitioner, to maintain their driver’s licence.On a superficial level, this requirement may appear to be a sound policy, but its implementation raises serious issues. This is because an “M” condition would be recorded on their licence if the medical practitioner certifies that his or her patient has experienced a medical episode.
For example, if a female patient had a glaucoma operation, say five years ago, the possibility of contracting eye problems in the future would result in the “M” being recorded on the driver’s licence. The “M” alerts those inspecting the licence that the holder is suffering from that condition.
The Queensland Department of Transport and Main Roads (TMR) states in its letter sent to licensees that “TMR has an obligation to ensure that any person who holds a Queensland driver’s licence is medically fit to drive.”
The problem with this practice is that the practitioner’s medical review and the possible placement of “M” on the licence are triggered by the driver reaching the age of 75.
This age-based practice is an egregious example of stereotyping that fails to consider the individual capacities, abilities, and driving history of the licensee.
Obviously, most people who have reached the age of 75 would have experienced some medical issues which may well have been treated satisfactorily.
From a human rights point of view, it would be better if every person, regardless of age, were to be assessed on their fitness to drive a car when they apply for or renew, their licence instead of taking a shortcut based on the person’s age.
Senior Citizens Are Fully Functioning Members of Society
The point is that the attainment of the age of 75 automatically subjects a person to practices that are potentially demeaning and discriminatory, whereas a much younger person, with the same condition, may be able to avoid bureaucratic interference in their life.Hence, there is a need to deal with the issue at an individual level rather than making administrative decisions based on age.
The placement of the “M” on the driver’s licence is redolent of the appalling practice of placing a “J” on the documents and clothing of Jews in Nazi Germany. Furthermore, the recording of the “M” condition signifies that the person is no longer a full member of society and, because of assumed (but unproven) infirmities, he or she should not be allowed to drive with an “M”-free licence.
Of course, I am not suggesting that the recording of “M” on a driver’s licence is the functional equivalent of the pernicious use of “J” in Nazi Germany. But it certainly marginalises Australia’s senior citizens.
The placement of this letter on the licence indeed makes it easier for governments to identify drivers who may have a medical condition, but it is doubtful that it leads to safer traffic conditions.
Indeed, older people may not have received any demerit points in their driving careers, and considering their age, they may well be driving more carefully than younger people. In sum: the placement of an “M” on the driver’s licence is an unnecessary form of oppression, which does not serve the interests of a mature, humane society.
It is worrying that bureaucrats slavishly implement this type of marginalisation and hide behind regulations to continue this practice, which is based on an outdated stereotype.
The practice of relying on a person’s age to determine their duties, obligations, rights, and privileges is fraught with problems. It is not just an illegal practice; it diminishes a person’s dignity. The elimination of age discrimination requires an attitude that recognises that senior citizens are functioning members of society, entitled to equal treatment and respect.
