Parliament of Australia:Senate:Committees:Standing Committee on Legal and Constitutional Affairs:Effectiveness of the Sex Discrimination Act 1984 in eliminating discrimination and promoting gender equality

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Effectiveness of the Sex Discrimination Act 1984 in eliminating discrimination and promoting gender equality

12 December 2008

View the report as a single document - (PDF 859KB)

View the report as separate downloadable parts:


Members of the Committee	(PDF 10KB)

Abbreviations	(PDF 14KB)

Recommendations	(PDF 29KB)

Chapter 1 - Introduction	(PDF 17KB)
Reference Conduct of the inquiry Acknowledgement Structure of the report Note on references

Chapter 2 - Background	(PDF 56KB)
History of the Act Other international obligations in relation to gender equality Related inquiries and initiatives Key provisions in the Act Related legislation

Chapter 3 - Objects and definitions	(PDF 50KB)
Objects of the Act Definitions in the Act

Chapter 4 - Scope of the Act	(PDF 97KB)
Limited Scope of the Act Limited protection against discrimination on the grounds of family responsibilities Discrimination on the basis of sexual orientation, gender identity, breastfeeding and other grounds Addressing intersecting forms of discrimination

Chapter 5 - Effectiveness of the Act	(PDF 102KB)
Overall effect of the Act Extent to which the Act implements international obligations Areas of continuing discrimination and inequality Sexual Harassment Violence Addressing discrimination against men

Chapter 6 - Complaints process	(PDF 103KB)
Limitations of the individual complaints model Issues regarding the complaints process Suggested changes to the complaints process

Chapter 7 - Exemptions	(PDF 83KB)
Introduction Permanent exemptions Exemptions granted by HREOC

Chapter 8 - Impact on the economy	(PDF 40KB)
Impact on individual businesses Overall economic impact Lack of consistency between federal, state and territory anti-discrimination laws

Chapter 9 - Preventing discrimination	(PDF 53KB)
Positive duty to promote equality Education Government purchasing requirements

Chapter 10 - Powers and resources	(PDF 81KB)
Powers of HREOC and the Sex Discrimination Commissioner Interaction between HREOC and EOWA Resources for HREOC

Chapter 11 - Summary of the views of Committee members	(PDF 97KB)
Suggested changes for immediate implementation Recommendations requiring further consultation Broader review of Commonwealth anti-discrimination law

Dissenting report by Liberal Senators	(PDF 64KB)
A limited inquiry Inadequate time for conducting the inquiry and considering the Chair's Report Overall view Interpretation of the Act Access to assisted reproductive technology, surrogacy and adoption Proposals to broaden the operation of the Act and facilitate complaints Exemptions Powers of HREOC and the Sex Discrimination Commissioner Positive duties Accession to Optional Protocol to CEDAW Conclusion

Additional comments by Senator Hanson-Young - Australian Greens	(PDF 27KB)
Introduction Background Same-Sex recognition Provision for parental leave Reporting dates for Sex Discrimination Commissioner Female employees and religious discrimination

Appendix 1 - Submissions received; Additional information received	(PDF 20KB)

Appendix 2 - Witnesses who appeared before the Committee	(PDF 13KB)

For further information, contact:

Committee Secretary
Senate Standing Committees on Legal and Constitutional Affairs
PO Box 6100
Parliament House
Canberra ACT 2600
Australia

Phone: +61 2 6277 3560

Fax: +61 2 6277 5794

Email: legcon.sen@aph.gov.au