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Sex Discrimination Act 1984
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Sex Discrimination Act 1984
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.
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.
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.
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Sex Discrimination Act 1984
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.
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.
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.
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