Information about the Inquiry

Inquiry into the effectiveness of the Commonwealth Sex Discrimination Act 1984 in eliminating discrimination and promoting gender equality

Information about the Inquiry

On 26 June 2008, the Senate referred the following matter to the Legal and Constitutional Affairs Committee for inquiry and report.  The Committee intends to present its final report by Wednesday 3 December 2008.

The effectiveness of the Commonwealth Sex Discrimination Act 1984 in eliminating discrimination and promoting gender equality, with particular reference to:

  1. the scope of the Act, and the manner in which key terms and concepts are defined;
  2. the extent to which the Act implements the non-discrimination obligations of the Convention of the Elimination of All Forms of Discrimination against Women and the International Labour Organization or under other international instruments, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights;
  3. the powers and capacity of the Human Rights and Equal Opportunity Commission and the Sex Discrimination Commissioner, particularly in initiating inquiries into systemic discrimination and to monitor progress towards equality;
  4. consistency of the Act with other Commonwealth and state and territory discrimination legislation, including options for harmonisation;
  5. significant judicial rulings on the interpretation of the Act and their consequences;
  6. impact on state and territory laws;
  7. preventing discrimination, including by educative means;
  8. providing effective remedies, including the effectiveness, efficiency and fairness of the complaints process;
  9. addressing discrimination on the ground of family responsibilities;
  10. impact on the economy, productivity and employment (including recruitment processes);
  11. sexual harassment;
  12. effectiveness in addressing intersecting forms of discrimination;
  13. any procedural or technical issues;
  14. scope of existing exemptions; and
  15. other matters relating and incidental to the Act.

The Committee will invites written submissions by 1 August 2008. Submissions should be sent to: 

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

Persons lodging submissions should note that, to be considered relevant to the inquiry, submissions must address the provisions of the terms of reference.

The Committee requests that where possible, submissions should also be provided by email to legcon.sen@aph.gov.au, preferably as MS Word or RTF format documents. Notes to assist in preparing submissions are available from the website https://www.aph.gov.au/senate/committee/wit_sub/index.htm or telephone the Secretariat on 02 6277 3560, fax: 02 6277 5794, or e-mail at the above address.

Once the Committee accepts your submission, it becomes a confidential committee document and is protected by Parliamentary Privilege. You must not release your submission without the Committee’s permission. If you do, it is not protected by Parliamentary Privilege. At some stage during the inquiry, the Committee normally makes submissions public. Please indicate if you want your submission to be kept confidential.

Inquiries from hearing and speech impaired people should be directed to the Parliament House TTY number (02 6277 7799). Adobe also provides tools for the blind and visually impaired to access PDF documents. These tools are available at: http://access.adobe.com/. If you require any special arrangements in order to enable you to participate in a committee inquiry, please contact the Committee Secretary.

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