Senate Legal and Constitutional Affairs Committee tables inquiry report into review of Commonwealth Sex Discrimination Act.
Date: 12 December 2008
The Senate Legal and Constitutional Affairs Committee has today tabled their Inquiry report into the effectiveness of the CommonwealthSex Discrimination Act 1984.
Chairperson Senator Trish Crossin said that while there is overwhelming support for the Act, there are areas which could be improved.
“One of the key recommendations from this report suggests making breastfeeding a specific ground of discrimination, and to broaden the grounds of family responsibilities,” said Senator Crossin.
The Committee has suggested that changes to the Act be conducted in three stages.
Stage One: recommendations that can be implemented immediately:
· Including a general prohibition against sex discrimination and sexual harassment;
· Specifically protecting volunteers and independent contractors, and partnerships regardless of size;
· Providing protection to students regardless of their age, and to remove the requirement that the person responsible for the harassment must be at the same educational institution;
· Increasing the time limit for lodging an application with the Federal Court or Federal Magistrates Court be increased from 28 days to 60 days.
· Expanding HREOC’s powers to conduct formal inquiries, and that HREOC be required to intervene in proceeding relating to discrimination based on family responsibilities or victimisation.
· Requiring the Sex Discrimination Commissioner to monitor progress to elimination sex discrimination and achieving gender equality, and to report to Parliament every four years.
Stage Two: recommendations that require further consideration over the next 12 months, which could be done by the Attorney-General’s Department:
· Removing the existing permanent exemptions, and replacing these exemptions with a general limitations cause;
· Giving the Sec Discrimination Commissioner the power to investigate alleged breaches of the Act without requiring an individual complaint;
· Amending the Act to give HREOC the power to commence legal action for a breach of the Act;
· Amending the Equal Opportunity for Women in the Workplace Act to provide for positive duties, and to promote gender equality.
Stage Three recommends HREOC conduct a public inquiry to examine the merits of replacing the existing federal anti-discrimination acts with a single Equality Act, and that the inquiry should report by 2011.
“The support for the Act demonstrates the dramatic shift in public attitude since the controversial passage of the Act nearly 25 years ago,” said Senator Crossin.
“These suggested changes will ensure the Act remains modern and relevant, and the Senate Committee looks forward to the Government’s response.”