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Sex Discrimination Act 1984

Act of the Parliament of Australia

Summary

Act of the Parliament of Australia

FieldValue
legislatureParliament of Australia
imageCoat of Arms of Australia.svg
long_titleAn Act relating to discrimination on the ground of sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy, potential pregnancy, breastfeeding or family responsibilities or involving sexual harassment
short_titleSex Discrimination Act 1984
statusin force

The Sex Discrimination Act 1984 is an Act of the Parliament of Australia which prohibits discrimination on the basis of mainly sexism, homophobia, transphobia and biphobia, but also sex, marital or relationship status, actual or potential pregnancy, sexual orientation, gender identity, intersex status or breastfeeding in a range of areas of public life. These areas include work, accommodation, education, the provision of goods, facilities and services, the activities of clubs and the administration of Commonwealth laws and programs. The Australian Human Rights Commission investigates alleged breaches of the Act. The office of Sex Discrimination Commissioner, created in 1984 alongside the Act, is a specialist commissioner within the AHRC.

This legislation was pushed and supported by the Bill put forward by South Australia's Premier, Don Dunstan in 1975.

The Act implements Australia's obligations under the Convention on the Elimination of All Forms of Discrimination Against Women which came into force in September 1981 and which Australia ratified in July 1983, subject to several reservations and declarations, the main one relating to paid maternity leave. The Act also gives effect to parts of International Labour Organization Convention 156 which concerns workers with family responsibilities.

Provisions

The full scope of the Act is covered principally by Section 3B, which seeks "to eliminate, so far as is possible, discrimination against persons on the ground of sex, marital status, pregnancy or potential pregnancy in the areas of work, accommodation, education, the provision of goods, facilities and services, the disposal of land, the activities of clubs and the administration of Commonwealth laws and programs". This may include provision of public services, dismissal of employees with family responsibilities and to eliminate sexual harassment in areas of public activity. However, it equally applies to sex based discrimination on topics such as domestic violence, where there is no justification for sex differentiation for victims of violence.

The Act also seeks to create recognition and acceptance within the community of the principle of the equality of men and women.

Section 7AA of the Act prohibits discrimination against a woman on account of her breastfeeding.

Section 38 of the Act permits educational institutions established for religious purposes to discriminate, including against teachers and students, due to their sexuality or gender.

Section 43 of the Act provided the Australian Defence Force (ADF) with an exemption to allow discrimination against women "in connection with employment, engagement or appointment" involving combat duties that required a person "to commit, or to participate directly in the commission of, an act of violence against an adversary in time of war". On 1 January 2014, the ADF lifted restrictions on women serving in all combat roles, including the special forces, and on 1 January 2016 direct entry to all combat roles became open to women. On 26 October 2018, the Civil Law and Justice Legislation Amendment Act 2018 repealed section 43 of the Act.

Outcomes

As a result of the Act, the Women's Royal Australian Naval Service was integrated in 1985 into the Royal Australian Navy. Other restrictions on women in the WRANS had been eliminated previously: the restriction on married women serving was removed in 1969, and the automatic discharge of pregnant women had been dropped in 1974.

In 2018, Prime Minister Scott Morrison announced that laws would be created to protect students from expulsion from religious schools due to sexuality or gender, and later also announced a promise to protect teachers and staff. In 2019, a Senate Inquiry into Sex Discrimination Amendment Bill was held. In 2021, religious educational institutions continued to be lawfully permitted to fire or expel LGBTQ+ teachers, students, and staff due to their sexuality or gender.

Amendments

Sex Discrimination Amendment Act 1991

In 1991, the Sex Discrimination Amendment Act 1991 amended the Marriage Act 1961 to equalise the marriageable age of both males and females at 18 years, subject to "exceptional circumstances". Previously the marriageable age was set at 16 for females and 18 for males.

Sex Discrimination Amendment (Pregnancy and Work) Bill 2003

The rights and responsibilities of pregnant and potentially pregnant workers in the workplace were clarified by the Sex Discrimination Amendment (Pregnancy and Work) Act 2003. The foundational case on this issue is Hickie v Hunt & Hunt (1998) in which the plaintiff complained of less favourable treatment in the workplace following her maternity leave.

Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013

In 2013 the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 added new protections against discrimination against sexual orientation, gender identity, and intersex status, as well as providing protection against from discrimination for same-sex de facto couples. Additionally, the amendment limited aged care provider's religious exception for discrimination.

The amendments were first tested by federal courts in Tickle v Giggle.

Notes

Footnotes

Citations

External sources

References

  1. Branson, The Hon Catherine. (2016). "A Leader in the Struggle for Justice". Flinders Law Journal.
  2. "Declarations, Reservations and Objections to CEDAW". United Nations.
  3. "Section 3 Sex Discrimination Act 1984".
  4. "Section 3 Sex Discrimination Act 1984".
  5. "Section 7AA Sex Discrimination Act 1984".
  6. "SEX DISCRIMINATION ACT 1984 - SECT 38". classic.austlii.edu.au.
  7. (October 18, 2018). "In Some Australian Schools, Teachers Can Be Fired for Being Gay". [[The New York Times]].
  8. (April 9, 2021). "Are greater protections needed for LGBTQ+ staff and students in faith-based schools?". The Educator Australia.
  9. (16 December 1995). "Sex Discrimination Amendment Act 1995". Australian Government.
  10. (21 March 1984). "Sex Discrimination Act 1984 (Act No. 4 of 1984 as made)". Australian Government.
  11. (9 December 2017). "Sex Discrimination Act 1984 (Compilation No. 39)". Australian Government.
  12. (1 August 2013). "Sex Discrimination Regulations 1984". Australian Government.
  13. (16 June 2014). "Minister for Defence – Opening address - Defence Women in Peace and Security Conference".
  14. (24 October 2018). "Landmark moment for women in the ADF".
  15. (2019). "Beijing+25 National Review Report". Department of the Prime Minister and Cabinet.
  16. (2011). "Australian Maritime Issues 2010 : SPC-A annual". Sea Power Centre Australia.
  17. (October 15, 2018). "Liberal marriage equality law architect calls to end discrimination against teachers". [[The Guardian]].
  18. (February 8, 2019). "LBGTQ students 'living in fear'". The Educator Australia.
  19. (April 8, 2021). "LGBTQ+ teachers and students in faith-based educational institutions need urgent protection". Equality Australia.
  20. (25 June 1991). "Sex Discrimination Amendment Act 1991 (Act No. 71 of 1991)". Australian Government.
  21. "''Hickie v Hunt & Hunt'' [1998] HREOCA 8 (9 March 1998)".
  22. (23 June 1998). "Pregnancy Discrimination: Hickie v Hunt and Hunt".
  23. Department, Attorney-General’s. "Commonwealth Anti-Discrimination Law Reforms".
  24. "Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013".
  25. Taylor, Lenore. (19 June 2013). "Liberal senator to break ranks over sex discrimination bill". [[The Guardian]].
  26. (2024-04-11). "CEO ran two-year public campaign against transgender woman after she was removed from app, court told". ABC News.
Wikipedia Source

This article was imported from Wikipedia and is available under the Creative Commons Attribution-ShareAlike 4.0 License. Content has been adapted to SurfDoc format. Original contributors can be found on the article history page.

acts-of-the-parliament-of-australia anti-discrimination-law-in-australia gender-in-australia sexism 1984-in-australian-law
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