Sex discrimination
The Sex Discrimination Act 1984 prohibits discrimination on the basis of sex, marital status, pregnancy or potential pregnancy in a range of areas of public activity, including work, accommodation, education, the provision of goods, facilities and services, the activities of clubs and the administration of Commonwealth laws and programs.
Some of the key aims of the Sex Discrimination Act are to protect employees with family responsibilities from discrimination, eliminate sexual harassment in areas of public activity and promote recognition and acceptance of the principle of the equality of men and women in the Australian community.
On 24 May 2011, Parliament passed the Sex and Age Discrimination Legislation Amendment Act 2011 (‘the Act’). The Act, which came into effect on 20 June 2011, amends the Sex Discrimination Act to provide greater protections for men and women against discrimination and sexual harassment by:
- establishing breastfeeding as a separate grounds of discrimination
- extending protections from discrimination on the grounds of family responsibilities to all areas of employment
- ensuring the Act applies to men and women equally, and
- providing greater protection from sexual harassment for students and workers.
The Act implements key aspects of the Government’s response to the 2008 report of the Senate Standing Committee on Legal and Constitutional Affairs on the effectiveness of the Sex Discrimination Act in eliminating discrimination and promoting gender equality. More information about the Senate Committee report is available on the Parliament of Australia website. A copy of the Government’s response to the report can be found on the Government Response to Senate Standing Committee on Legal and Constitutional Affairs 2008 report into the effectiveness of the Sex Discrimination Act 1984 page.
Complaints of sex discrimination
The Department does not handle complaints of sex discrimination. If you have a discrimination complaint, contact the Australian Human Rights Commission.
Level 8, Piccadilly Tower
133 Castlereagh Street
SYDNEY NSW 2000
Telephone: (02) 9284 9600
Complaints Infoline: 1300 656 419
The Commission can also provide more information about the Sex Discrimination Act.
International obligations
The Sex Discrimination Act implements Australia’s obligations under the Convention on the Elimination of All Forms of Discrimination Against Women. The Act also gives effect to parts of International Labour Organisation Convention 156 that concern workers with family responsibilities. The recent amendments expanded the object of the Sex Discrimination Act to also give effect to provisions in relevant international instruments, including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the Convention on the Rights of the Child (CRC).