Sex Discrimination Act 1984 facts for kids
Quick facts for kids 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, martial or relationship status, pregnancy, potential pregnancy, breastfeeding or family responsibilities |
The Sex Discrimination Act 1984 is an Act of the Parliament of Australia which prohibits discrimination on the basis of mainly sexism, homophobia, transphobia and biphobia, but also 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.
This legislation was pushed and supported by the Bill put forward by South Australia's Premier, Don Dunstan in 1975.
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 main one relating to paid maternity leave. The Act also gives effect to parts of International Labour Organization Convention 156 which concerns workers with family responsibilities.
Outcomes
As a result of the Act, the Women's Royal Australian Naval Service was integrated in 1985 into the Royal Australian Navy. Other restrictions on women in the WRANS had been eliminated previously: the restriction on married women serving was removed in 1969, and the automatic discharge of pregnant women had been dropped in 1974.
In 1991, the Sex Discrimination Amendment Act 1991 amended the Marriage Act 1961 to equalise the marriageable age of both males and females at 18 years, subject to "exceptional circumstances". Previously the marriageable age was set at 16 for females and 18 for males.
The rights and responsibilities of pregnant and potentially pregnant workers in the workplace were clarified by the Sex Discrimination Amendment (Pregnancy and Work) Act 2003.
In 2018, Prime Minister Scott Morrison announced that laws would be created to protect students from expulsion from religious schools due to sexuality or gender, and later also announced a promise to protect teachers and staff.
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