Commonwealth of Australia Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.

SEX DISCRIMINATION AMENDMENT BILL 2010

2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Sex Discrimination Amendment Bill 2010
No. , 2010
(Attorney-General)
A Bill for an Act to amend the Sex Discrimination
Act 1984, and for related purposes
i Sex Discrimination Amendment Bill 2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
1
Schedule 1--Amendments
3
Part 1--Amendment of the Sex Discrimination Act 1984
3
Division 1--Amendments
3
Sex Discrimination Act 1984
3
Division 2--Application of amendments
13
Part 2--Consequential amendment
14
Equal Opportunity for Women in the Workplace Act 1999
14
Sex Discrimination Amendment Bill 2010 No. , 2010 1
A Bill for an Act to amend the Sex Discrimination
1
Act 1984, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Sex Discrimination Amendment Act
5
2010.
6
2 Commencement
7
This Act commences on the day after this Act receives the Royal
8
Assent.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
2 Sex Discrimination Amendment Bill 2010 No. , 2010
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
Amendments Schedule 1
Amendment of the Sex Discrimination Act 1984 Part 1
Sex Discrimination Amendment Bill 2010 No. , 2010 3
Schedule 1--Amendments
1
Part 1--Amendment of the Sex Discrimination Act
2
1984
3
Division 1--Amendments
4
Sex Discrimination Act 1984
5
1 Title
6
After "potential pregnancy", insert ", breastfeeding".
7
2 Preamble
8
After "potential pregnancy" (wherever occurring), insert ",
9
breastfeeding or family responsibilities".
10
3 Paragraph 3(a)
11
After "Women", insert "and to provisions of other relevant international
12
instruments".
13
4 Paragraph 3(b)
14
After "potential pregnancy", insert "or breastfeeding".
15
5 Paragraph 3(ba)
16
Omit "involving dismissal of employees on the ground of family
17
responsibilities", substitute "on the ground of family responsibilities in
18
the area of work".
19
6 Subsection 4(1)
20
Insert:
21
breastfeeding has a meaning affected by subsections 7AA(3) and
22
(4).
23
7 Subsection 4(1) (definition of Convention)
24
Repeal the definition.
25
8 Subsection 4(1)
26
Schedule 1 Amendments
Part 1 Amendment of the Sex Discrimination Act 1984
4 Sex Discrimination Amendment Bill 2010 No. , 2010
Insert:
1
disability has the same meaning as in the Disability Discrimination
2
Act 1992.
3
9 Subsection 4(1)
4
Insert:
5
official record of a person's sex means:
6
(a) a record of a person's sex in a register of births, deaths and
7
marriages (however described); or
8
(b) a document (however described), issued under a law of a
9
State or Territory, the purpose of which is to identify or
10
acknowledge a person's sex.
11
10 Subsection 4(1)
12
Insert:
13
relevant international instrument means:
14
(a) the Convention on the Elimination of All Forms of
15
Discrimination Against Women done at New York on
16
18 December 1979 ([1983] ATS 9) (a copy of the English
17
text of which is set out in the Schedule); or
18
(b) the International Covenant on Civil and Political Rights done
19
at New York on 16 December 1966 ([1980] ATS 23); or
20
(c) the International Covenant on Economic, Social and Cultural
21
Rights done at New York on 16 December 1966 ([1976] ATS
22
5); or
23
(d) the Convention on the Rights of the Child done at New York
24
on 20 November 1989 ([1991] ATS 4); or
25
(e) ILO Convention (No. 100) concerning Equal Remuneration
26
for Men and Women Workers for Work of Equal Value done
27
at Geneva on 29 June 1951 ([1975] ATS 45); or
28
(f) ILO Convention (No. 111) concerning Discrimination in
29
respect of Employment and Occupation done at Geneva on
30
25 June 1958 ([1974] ATS 12); or
31
(g) ILO Convention (No. 156) concerning Equal Opportunities
32
and Equal Treatment for Men and Women Workers: Workers
33
with Family Responsibilities done at Geneva on 23 June
34
1981 ([1991] ATS 7); or
35
Amendments Schedule 1
Amendment of the Sex Discrimination Act 1984 Part 1
Sex Discrimination Amendment Bill 2010 No. , 2010 5
(h) ILO Convention (No. 158) concerning Termination of
1
Employment at the Initiative of the Employer done at Geneva
2
on 22 June 1982 ([1994] ATS 4).
3
Note:
In 2010, the text of a Convention or Covenant in the Australian Treaty
4
Series was accessible through the Australian Treaties Library on the
5
AustLII website (www.austlii.edu.au).
6
11 Subsection 4A(1)
7
Omit "an employee", substitute "a person".
8
12 Subsection 4A(1)
9
Omit "the employee" (wherever occurring), substitute "the person".
10
13 Subsection 4A(2) (definition of dependent child)
11
Omit "the employee", substitute "the person".
12
14 Subsection 4A(2) (definition of immediate family member)
13
Omit "the employee" (wherever occurring), substitute "the person".
14
15 Subsection 5(1A)
15
Repeal the subsection.
16
16 Subsection 7(2)
17
Omit "also".
18
17 After section 7
19
Insert:
20
7AA Discrimination on the ground of breastfeeding
21
(1) For the purposes of this Act, a person (the discriminator)
22
discriminates against a woman (the aggrieved woman) on the
23
ground of the aggrieved woman's breastfeeding if, by reason of:
24
(a) the aggrieved woman's breastfeeding; or
25
(b) a characteristic that appertains generally to women who are
26
breastfeeding; or
27
(c) a characteristic that is generally imputed to women who are
28
breastfeeding;
29
the discriminator treats the aggrieved woman less favourably than,
30
in circumstances that are the same or are not materially different,
31
Schedule 1 Amendments
Part 1 Amendment of the Sex Discrimination Act 1984
6 Sex Discrimination Amendment Bill 2010 No. , 2010
the discriminator treats or would treat someone who is not
1
breastfeeding.
2
(2) For the purposes of this Act, a person (the discriminator)
3
discriminates against a woman (the aggrieved woman) on the
4
ground of the aggrieved woman's breastfeeding if the discriminator
5
imposes, or proposes to impose, a condition, requirement or
6
practice that has, or is likely to have, the effect of disadvantaging
7
women who are breastfeeding.
8
(3) To avoid doubt, a reference in this Act to breastfeeding includes
9
the act of expressing milk.
10
(4) To avoid doubt, a reference in this Act to breastfeeding includes:
11
(a) an act of breastfeeding; and
12
(b) breastfeeding over a period of time.
13
(5) This section has effect subject to sections 7B and 7D.
14
18 Section 7A
15
Repeal the section, substitute:
16
7A Discrimination on the ground of family responsibilities
17
(1) For the purposes of this Act, a person (the discriminator)
18
discriminates against another person (the aggrieved person) on the
19
ground of the aggrieved person's family responsibilities if, by
20
reason of:
21
(a) the family responsibilities of the aggrieved person; or
22
(b) a characteristic that appertains generally to persons with
23
family responsibilities; or
24
(c) a characteristic that is generally imputed to persons with
25
family responsibilities;
26
the discriminator treats the aggrieved person less favourably than,
27
in circumstances that are the same or not materially different, the
28
discriminator treats or would treat a person without family
29
responsibilities.
30
(2) For the purposes of this Act, a person (the discriminator)
31
discriminates against another person (the aggrieved person) on the
32
ground of the aggrieved person's family responsibilities if the
33
discriminator imposes, or proposes to impose, a condition,
34
Amendments Schedule 1
Amendment of the Sex Discrimination Act 1984 Part 1
Sex Discrimination Amendment Bill 2010 No. , 2010 7
requirement or practice that has, or is likely to have, the effect of
1
disadvantaging persons with family responsibilities.
2
(3) This section has effect subject to sections 7B and 7D.
3
19 Subsection 7B(1)
4
Omit "or 7(2)", substitute ", 7(2), 7AA(2) or 7A(2)".
5
20 At the end of subsection 7D(1)
6
Add:
7
; or (e) women who are breastfeeding and people who are not
8
breastfeeding; or
9
(f) people with family responsibilities and people without family
10
responsibilities.
11
21 Subsection 7D(2)
12
Omit "or 7", substitute ", 7, 7AA or 7A".
13
22 Section 8
14
Omit "or 7(1) or section 7A", substitute ", 7(1), 7AA(1) or 7A(1)".
15
23 Subsection 9(9)
16
After "done by" (wherever occurring), insert "or in relation to".
17
24 Subsections 9(10) and (10A)
18
Repeal the subsections, substitute:
19
(10) The prescribed provisions of Part II, and the prescribed provisions
20
of Division 3 of Part II, have effect to the extent that the provisions
21
give effect to a relevant international instrument.
22
25 Subsection 9(11)
23
After "or by", insert "or in relation to".
24
26 Subsection 9(12)
25
After "done, by", insert "or in relation to".
26
27 Subsection 9(13)
27
After "or by", insert "or in relation to".
28
Schedule 1 Amendments
Part 1 Amendment of the Sex Discrimination Act 1984
8 Sex Discrimination Amendment Bill 2010 No. , 2010
28 Subsection 9(14)
1
After "done, by", insert "or in relation to".
2
29 At the end of section 9
3
Add:
4
(21) The prescribed provisions of Division 3 of Part II have effect in
5
relation to acts done using a postal, telegraphic, telephonic or other
6
like service (within the meaning of paragraph 51(v) of the
7
Constitution).
8
30 Subsection 10(1)
9
Omit "or (10A)".
10
31 Subsection 10(2)
11
Omit "or discrimination on the ground of pregnancy or potential
12
pregnancy", substitute ", discrimination on the ground of pregnancy or
13
potential pregnancy, discrimination on the ground of breastfeeding or
14
discrimination on the ground of family responsibilities".
15
32 Subsection 11(2)
16
Omit "or discrimination on the ground of pregnancy or potential
17
pregnancy", substitute ", discrimination on the ground of pregnancy or
18
potential pregnancy, discrimination on the ground of breastfeeding or
19
discrimination on the ground of family responsibilities".
20
33 Subsection 11(3)
21
Omit "the Convention", substitute "a relevant international instrument".
22
Note:
The heading to section 11 is altered by omitting "Convention" and substituting
23
"relevant international instruments".
24
34 Paragraph 11(4)(a)
25
Omit "the Convention", substitute "a relevant international instrument".
26
35 Paragraph 11(5)(a)
27
Omit "the Convention", substitute "a relevant international instrument".
28
36 Section 11A
29
Repeal the section.
30
Amendments Schedule 1
Amendment of the Sex Discrimination Act 1984 Part 1
Sex Discrimination Amendment Bill 2010 No. , 2010 9
37 Subsections 14(1) and (2)
1
After "potential pregnancy", insert ", breastfeeding or family
2
responsibilities".
3
38 Subsection 14(3A)
4
Repeal the subsection.
5
39 Subsections 15(1) and (2)
6
After "potential pregnancy", insert ", breastfeeding or family
7
responsibilities".
8
40 Section 16
9
After "potential pregnancy", insert ", breastfeeding or family
10
responsibilities".
11
41 Subsections 17(1), (2) and (3)
12
After "potential pregnancy", insert ", breastfeeding or family
13
responsibilities".
14
42 Section 18
15
After "potential pregnancy", insert ", breastfeeding or family
16
responsibilities".
17
43 Subsections 19(1) and (2)
18
After "potential pregnancy", insert ", breastfeeding or family
19
responsibilities".
20
44 Section 20
21
After "potential pregnancy", insert ", breastfeeding or family
22
responsibilities".
23
45 Subsections 21(1) and (2)
24
After "potential pregnancy", insert ", or breastfeeding".
25
46 Subsection 22(1)
26
After "potential pregnancy", insert ", or breastfeeding".
27
47 Subsections 23(1) and (2)
28
After "potential pregnancy", insert ", or breastfeeding".
29
Schedule 1 Amendments
Part 1 Amendment of the Sex Discrimination Act 1984
10 Sex Discrimination Amendment Bill 2010 No. , 2010
48 Subsection 24(1)
1
After "potential pregnancy", insert ", or breastfeeding".
2
49 Subsections 25(1) and (2)
3
After "potential pregnancy", insert ", or breastfeeding".
4
50 Subsection 26(1)
5
After "potential pregnancy,", insert "or breastfeeding,".
6
51 Paragraph 27(1)(b)
7
After "potential pregnancy", insert ", breastfeeding or family
8
responsibilities".
9
52 After subparagraph 27(1)(c)(iii)
10
Insert:
11
or (iv) who are not breastfeeding; or
12
(v) without family responsibilities;
13
53 Subsection 28A(1)
14
After "anticipated", insert "the possibility".
15
54 After subsection 28A(1)
16
Insert:
17
(1A) For the purposes of subsection (1), the circumstances to be taken
18
into account include, but are not limited to, the following:
19
(a) the sex, age, marital status, sexual preference, religious
20
belief, race, colour, or national or ethnic origin, of the person
21
harassed;
22
(b) the relationship between the person harassed and the person
23
who made the advance or request or who engaged in the
24
conduct;
25
(c) any disability of the person harassed;
26
(d) any other relevant circumstance.
27
55 Subsection 28B(6)
28
After "workplace of", insert "either or".
29
56 Paragraph 28F(2)(a)
30
Amendments Schedule 1
Amendment of the Sex Discrimination Act 1984 Part 1
Sex Discrimination Amendment Bill 2010 No. , 2010 11
Omit "an adult", substitute "a".
1
57 After subsection 28F(2)
2
Insert:
3
(2A) It is unlawful for a person (the first person) who is a member of
4
the staff of an educational institution (the first educational
5
institution) to sexually harass a person who is a student at another
6
educational institution if the sexual harassment occurs in
7
connection with the first person being a member of staff of the first
8
educational institution.
9
(2B) It is unlawful for a person (the first person) who is an adult student
10
at an educational institution (the first educational institution) to
11
sexually harass:
12
(a) a person who is a student at another educational institution;
13
or
14
(b) a member of the staff of another educational institution;
15
if the sexual harassment occurs in connection with the first person
16
being a student at the first educational institution.
17
58 Section 28G
18
Omit "It", substitute "(1) It".
19
Note:
The heading to section 28G is altered by omitting "Provision of goods" and substituting
20
"Goods".
21
59 At the end of section 28G
22
Add:
23
(2) It is unlawful for a person to sexually harass another person in the
24
course of seeking, or receiving, goods, services or facilities from
25
that other person.
26
60 Section 31
27
Omit "or childbirth", substitute ", childbirth or breastfeeding".
28
Note:
The heading to section 31 is altered by omitting "or childbirth" and substituting ",
29
childbirth or breastfeeding"
30
61 Section 39
31
Omit "or pregnancy", substitute ", pregnancy, breastfeeding or family
32
responsibilities".
33
Schedule 1 Amendments
Part 1 Amendment of the Sex Discrimination Act 1984
12 Sex Discrimination Amendment Bill 2010 No. , 2010
62 After subsection 40(4)
1
Insert:
2
(5) Nothing in Division 2 renders it unlawful to refuse to make, issue
3
or alter an official record of a person's sex if a law of a State or
4
Territory requires the refusal because the person is married.
5
63 Paragraph 41A(1)(a)
6
Omit "or marital status", substitute ", marital status or family
7
responsibilities".
8
64 Subparagraph 41A(1)(b)(iii)
9
Omit "or marital status", substitute ", marital status or family
10
responsibilities".
11
65 Subsection 41A(2)
12
Repeal the subsection, substitute:
13
(2) For the purposes of this section:
14
(a) discrimination on the ground of a person's sex is taken to be
15
indirect if paragraph 5(1)(b) or (c) or subsection 5(2) applies
16
to the discrimination; and
17
(b) discrimination on the ground of a person's marital status is
18
taken to be indirect if paragraph 6(1)(b) or (c) or subsection
19
6(2) applies to the discrimination; and
20
(c) discrimination on the ground of a person's family
21
responsibilities is taken to be indirect if paragraph 7A(1)(b)
22
or (c) or subsection 7A(2) applies to the discrimination.
23
66 Paragraph 41B(3)(a)
24
Omit "or marital status", substitute ", marital status or family
25
responsibilities".
26
67 Subparagraph 41B(4)(b)(i)
27
Omit "or marital status", substitute ", marital status or family
28
responsibilities".
29
68 Paragraphs 48(1)(g), (ga) and (gb)
30
After "potential pregnancy", insert ", breastfeeding or family
31
responsibilities".
32
Amendments Schedule 1
Amendment of the Sex Discrimination Act 1984 Part 1
Sex Discrimination Amendment Bill 2010 No. , 2010 13
Division 2--Application of amendments
1
69 Application of amendments
2
The amendments of the Sex Discrimination Act 1984 made by this Part
3
apply in relation to acts or omissions occurring after the commencement
4
of this Part.
5
6
Schedule 1 Amendments
Part 2 Consequential amendment
14 Sex Discrimination Amendment Bill 2010 No. , 2010
Part 2--Consequential amendment
1
Equal Opportunity for Women in the Workplace Act 1999
2
70 Subsection 3(1) (definition of discrimination)
3
Omit "or 7", substitute ", 7, 7AA or 7A".
4

 

[Index] [Search] [Download] [Related Items] [Help]