Sex Discrimination Act 1984
| Sex Discrimination Act 1984 | |
|---|---|
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| Parliament of Australia | |
| An Act relating to discrimination on the ground of sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy, potential pregnancy, breastfeeding or family responsibilities or involving sexual harassment |
The Sex Discrimination Act 1984 is an Act of the Parliament of Australia which prohibits discrimination on the basis of 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.
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 Act also gives effect to parts of International Labour Organisation Convention 156 which concerns workers with family responsibilities.
The full scope of the Act is covered principally by Section 3B, which seeks to "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.
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