Footnotes
Chapter 1 - Introduction
[1] Note
that some witnesses and submissions referred to the Act as ‘the SDA’.
[2] On 4 September 2008, HREOC announced it had changed its name to the Australian Human Rights
Commission. Under the Human Rights and Equal Opportunity Commission Act 1986
and other relevant legislation, the name of the commission remains the
Human Rights and Equal Opportunity Commission. The committee has used the acronym
HREOC in this report as most of the evidence received by the committee refers
to ‘HREOC’.
Chapter 2 - Background
[1] See
subsection 3(a) of the Act.
[2] [1983]
ATS 9, at http://www.austlii.edu.au/au/other/dfat/treaties/1983/9.html
(accessed 29 September 2008), note 2.
[3] [1983]
ATS 9.
[4] [1983]
ATS 9.
[5] [1983]
ATS 9.
[6] Originally,
the combat duties reservation also excluded women from ‘combat related duties’.
However, the reservation was narrowed in August 2000. See [1983] ATS 9, at http://www.austlii.edu.au/au/other/dfat/treaties/1983/9.html
(accessed 29 September 2008), note 2.
[7] The
Hon Susan Ryan AO, ‘The Ryan Juggernaut Rolls On’, UNSW Law Journal, vol
27(3), 2004, pp
829-829; see also Senator the Hon Susan Ryan,
Minister Assisting the Prime Minister for the Status of Women, Senate
Hansard, 2 June 1983, p. 1187.
[8] For
a comprehensive account of the history of the Act see HREOC, Submission 69,
appendix A.
[9] The
Hon Susan Ryan AO, 2004, p. 829.
[10] See
for example HREOC, Submission 69, p. 40; Women’s Electoral Lobby, Submission
8, p. 5.
[11] ALRC,
Equality Before the Law: Justice for Women, ALRC 69 Part I, July 1994,
at http://www.austlii.edu.au/au/other/alrc/publications/reports/69part1/ (accessed 29 September 2008),
para 3.2.
[12] House
of Representatives Standing Committee on Legal and Constitutional Affairs,
Half Way to Equal: Report of the Inquiry into Equal Opportunity and Equal
Status for Women in Australia, Canberra, April 1992.
[13] ALRC, Equality
Before the Law: Justice for Women, ALRC 69 Part I, July 1994, at http://www.austlii.edu.au/au/other/alrc/publications/reports/69part1/ (accessed
29 September 2008); ALRC, Equality Before
the Law: Women’s Equality, ALRC 69 Part II, December 1994, at: http://www.austlii.edu.au/au/other/alrc/publications/reports/69part2/ALRC69part2.pdf
(accessed
29 September 2008).
[14] The
1992 and 1995 amendments represent the most significant changes to the Act. For
a more detailed summary of amendments and proposed amendments to the Act see
HREOC, Submission 69, pp 270-276.
[15] HREOC,
Submission 69, p. 272.
[16] [1980]
ATS 23, at http://www.austlii.edu.au/au/other/dfat/treaties/1980/23.html
(accessed 29 September 2008).
[17] [1980]
ATS 23.
[18] [1976] ATS 5, at http://www.austlii.edu.au/au/other/dfat/treaties/1976/5.html (accessed 29 September 2008).
[19] [1974]
ATS 12 at http://www.austlii.edu.au/au/other/dfat/treaties/1974/12.html (accessed
29 September 2008).
[20] [1975] ATS
45, at http://www.austlii.edu.au/au/other/dfat/treaties/1975/45.html (accessed 1 October 2008).
[21] [1991]
ATS 7, at http://www.austlii.edu.au/au/other/dfat/treaties/1991/7.html (accessed
29 September 2008); see also Women’s Electoral Lobby, Submission 8, pp
5-6.
[22] Joint
Standing Committee on Treaties, Report 95: Treaties Tabled on 4 June, 17 June,
25 June and 26 August 2008, at: https://www.aph.gov.au/house/committee/jsct/4june2008/report1/chapter6.pdf
(accessed 10 November 2008), p. 59.
[23]
Attorney-General’s Department, National Interest Analysis, [2008]
ATNIA 26, p. 1.
[24] Attorney-General
and Minister for the Status of Women, Media Release: Australia comes
in from the cold on women’s rights, 24 November 2008, at http://www.attorneygeneral.gov.au/www/ministers/RobertMc.nsf/Page/MediaReleases_2008_FourthQuarter_24October2008-AustraliaComesInFromTheColdOnWomensRights
(accessed 26 November 2008).
[25] For
details see http://www.pc.gov.au/projects/inquiry/parentalsupport
(accessed
26 August 2008).
[26] Productivity
Commission, Paid Parental Leave: Support for Parents with Newborn Children, Draft
inquiry report, Canberra, September 2008 at: http://www.pc.gov.au/projects/inquiry/parentalsupport/draft (accessed 29 September 2008).
[27] Mr
Peter Arnaudo, Attorney-General’s Department, Committee Hansard, 11 September 2008, p. 2.
[28] Standing
Committee of Attorneys-General, Communiqué, 25 July 2008 at: http://www.attorneygeneral.gov.au/www/ministers/robertmc.nsf/Page/MediaReleases_2008_ThirdQuarter_25July2008-Communique-StandingCommitteeofAttorneys-General
(accessed 26 August 2008).
[29] For further
details
see https://www.aph.gov.au/house/committee/ewr/payequity/index.htm
(accessed
2 October 2008).
[30] HREOC, Gender
Equality: What Matters to Australian Women and Men. The Listening Tour
Community Report, Sydney, July 2008 at:
http://www.humanrights.gov.au/sex_discrimination/listeningtour/ListeningTourCommunityReport.pdf (accessed 29 August 2008).
[31] Equal
Opportunity Act Review Project Team, An Equality Act for a Fairer Victoria:
Equal Opportunity Review Final Report, Department of Justice (Vic), Melbourne,
June
2008 at: http://www.justice.vic.gov.au/wps/wcm/connect/DOJ+Internet/resources/file/ebe62e407b4f289/Final%20Version%20-%20Final%20Report.pdf
(accessed
1 September 2008).
[32] HREOC,
It's About Time: Women, men, work and family, Sydney, March 2007 at: http://www.hreoc.gov.au/sex_discrimination/its_about_time/index.html
(accessed
29 August 2008).
[33] United
Nations, Report of the Committee on the Elimination of Discrimination against
Women, United Nations, New York, 2006 at: http://www.un.org/womenwatch/daw/cedaw/34sess.htm#documents (accessed
29 August 2008) pp 40-46.
[34] For
a comprehensive overview of the Act see chapter 4 of HREOC, Federal
Discrimination Law, at http://www.hreoc.gov.au/legal/FDL/index.html
(accessed
30 September 2008).
[35] An
example would be the imposition of a minimum height requirement for a job
which, because women are on average shorter than men, is likely to disadvantage
women.
[36] HREOC,
Federal Discrimination Law, p. 3.
[37] Some
provisions prohibiting discrimination are clearly within constitutional power
in their own right, such as section 26 which prohibits discrimination in
connection with the administration of Commonwealth laws and programs. These
provisions are not limited to operation in the circumstances prescribed by
subsections 9(4) to 9(20). The definitions of prescribed provisions in
subsection 9(1) exclude the provisions which operate in this more expansive
fashion. See also Attorney-General’s Department, Answers to question on
notice, 22 October 2008, p. 2.
[38] HREOC,
Federal Discrimination Law, p. 2.
[39] [1995]
HCA 10.
[40] HREOC,
Submission 69, p. 273.
[41] ‘Amicus
curiae’ literally means ‘a friend of the court’ and is one who calls the
attention of the court to some point of law or fact which might otherwise be
overlooked. See Roger Bird, Osborn’s Concise Law Dictionary, London,
Sweet and Maxwell, 1983, p. 25.
[42] Section
46PV of the HREOC Act.
[43] See
section 7 of the Discrimination Act 1991 (ACT); section 24 of the Anti-Discrimination
Act 1977 (NSW); section 19 of the Anti-Discrimination Act 1992 (NT);
section 7 of the Anti-Discrimination Act 1991(QLD); section 29 of the Equal
Opportunity Act 1984 (SA); section 16 of the Anti-Discrimination Act 1998
(TAS); section 6 of the Equal Opportunity Act 1995 (VIC); sections
8 to 10 of the Equal Opportunity Act 1984 (WA).
[44] Sections 6
and 8 of the EOWW Act.
[45] Sections
13 and 13A of the EOWW Act.
[46] Definition
of ‘relevant employer’ in section 3 of the EOWW
Act.
[47] Sections 8A
and 10 of the EOWW Act.
Chapter 3 - Objects and definitions
[1] Submission
8, p. 6. See also Professor Margaret Thornton, Committee Hansard, 11
September 2008, p. 39; Collaborative submission from leading women’s
organisations and women’s equality specialists, Submission 60, p. 13.
[2] Submission
8, p. 7. See also Professor Margaret Thornton, Submission 22, p. 4;
Australian Women’s Health Network, Submission 3, pp 8-9.
[3] Committee
Hansard, 9 September 2008, p. 7.
[4] Submission
69, p. 48.
[5] Submission
69, pp 48-49.
[6] Submission
69, p. 49.
[7] Women’s
Electoral Lobby, Submission 8, pp 6-7; Professor Margaret Thornton, Submission
22, pp 2 and 6; Community and Public Sector Union – State Public Services
Federation, Submission 24, pp 2 and 3; Australian Women’s Health
Network, Submission 30, p. 6; Dr Sara Charlesworth, Submission 39,
p. 4.
[8] Submission
8, p. 6. See also Ms Caroline Lambert, YWCA Australia, Committee
Hansard, 11 September 2008, p. 58.
[9] Submission
60, p. 14.
[10] Submission
69, p. 47.
[11] HREOC,
Submission 69, pp 47-48. See also Committee Hansard, 9 September 2008, p. 7.
[12] Submission
8, pp 3 and 6. See also Professor Margaret Thornton, Submission 22,
p. 2.
[13] Submission
12, p. 4.
[14] Submission
52, pp 6-7.
[15] Committee
Hansard, 10 September 2008, p. 49.
[16] Submission
22, p. 3.
[17] Women’s
Electoral Lobby, Submission 8, p. 6; Independent Education Union of
Australia, Submission 49, p. 3.
[18] Submission
55, p. 7.
[19] Committee
Hansard, 9 September 2008, p. 9.
[20] Committee
Hansard, 9 September 2008, p. 9.
[21] Submission
53, p. 4.
[22] [2003]
HCA 62.
[23] Committee
Hansard, 9 September 2008, p. 61.
[24] Submission
60, p. 21.
[25] [2003]
HCA 62 at 222-232. For a summary of the case see Job Watch, Submission 62,
pp 25-26.
[26] Submission
62, pp 25-26.
[27] Submission
12, p. 5. See also Professor Margaret Thornton, Submission 22, pp
2-3; HREOC, Submission 69, p.57.
[28] Submission
62, p. 26. See also Dr Belinda Smith, ‘From Wardley to Purvis: How far has
Australian anti-discrimination law come in 30 years?’, Australian Journal of
Labour Law, Vol 21, 2008, pp 3-29 at pp 24-26.
[29] Submission
62, p. 25.
[30] Submission
53, p. 4; Committee Hansard, 9 September 2008, pp 9-10. See also Law
Council, Submission 59, p. 15.
[31] Submission
69, p. 72.
[32] Submission
60, p. 13.
[33] See
for example Diversity Council Australia Inc, Submission 47, p. 5;
Anti-Discrimination Commission Queensland, Submission 63, pp 6-7.
[34] Submission
63, pp 6-7. See also Dr Belinda Smith, Committee Hansard, 9
September 2008, p. 68; Victorian Automobile Chamber of Commerce, Submission
32, pp 5 and 8.
[35] Submission
60, p. 13.
[36] [2003] FMCA 584.
[37] [2006]
HCA 14.
[38] Submission
69, pp 73-74. See also Collaborative submission, Submission 60, p.
13.
[39] Submission
69, p. 73.
[40] Submission
69, p. 74.
[41] Submission
69, p. 75.
[42] Submission
59, p. 16.
[43] Committee
Hansard, 9 September 2008, pp 11-12.
[44] Submission
60, p. 13. See also HREOC, Submission 69, pp 77-78.
[45] Submission
69, pp 78-79. See also UNIFEM, Submission 19, supplementary
submission, p. 4.
[46] Dr
Belinda Smith, Submission 12, p. 8; Office of the
Anti-Discrimination Commissioner (Tas) Submission 13, p. 3; Carers
Australia Submission 33, p.6; NACLC Submission 52,
p. 6; HREOC, Submission 69, p. 90.
[47] Explanatory
Memorandum Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General
Law Reform) Bill 2008, pp 37-38. See also Mr Peter Arnaudo, Attorney-General’s
Department, Committee Hansard, 23 September 2008, pp 56-57.
[48] HREOC,
Committee Hansard, 9 September 2008, p. 14.
[49] Submission
13, p. 2.
Chapter 4 - Scope of the Act
[1] Submission
20, p. 10. See also NACLC, Submission 52, p. 9; Law
Council, Submission 59, p. 7.
[2] Committee
Hansard, 9 September 2008, pp 16-17. See also Submission 69,
pp 110-112.
[3] Committee
Hansard, 9 September 2008, p. 17. See also Submission 69, pp 117-120;
Mr Ian Scott, Job Watch, Committee Hansard, 10 September 2008, p. 37.
[4] Committee
Hansard, 9 September 2008, p. 17. See also Submission 69, pp 113-116;
Law Council, Submission 59, p. 16; Collaborative submission, Submission
60, p. 27.
[5] Submission
69, p. 124.
[6] Committee
Hansard, 9 September 2008, p. 18. See also Submission 69, pp
123-124.
[7] Submission
20, pp 10 and 14-15. See also NACLC, Submission 52, p.
9.
[8] Committee
Hansard, 10 September 2008, p. 2. See also Women Lawyers Association of New
South Wales and Australian Women Lawyers, Submission 29, p. 6;
Queensland Council of Unions, Submission 46, p. 5.
[9] Submission
69, p. 113.
[10] Submission
69, p. 112.
[11] Submission
69, pp 112-113. See also pp 142-143.
[12] Submission
69, p. 87. See also Human Rights Law Centre, Submission 20, pp 17-18.
[13] ALRC,
Equality Before the Law: Justice for Women, ALRC 69 Part I, para 3.19.
[14] Submission
69, p. 86. See also Collaborative submission, Submission 60, pp
27-28.
[15] Submission
59, pp 7-8.
[16] House
of Representatives Committee, Half Way to Equal, pp xlvi- xlvii and 260.
Note this recommendation was not supported in the dissenting report of
Opposition members of the committee, pp 275-276.
[17] House
of Representatives Committee, Half Way to Equal, pp xlvi and 260.
[18] ALRC,
Equality Before the Law: Justice for Women, ALRC 69 Part I,
recommendation 3.1.
[19] ALRC,
Equality Before the Law: Justice for Women, ALRC 69 Part I, para 3.16.
[20] House
of Representatives Committee, Half Way to Equal, pp xlvi- xlvii and 260.
Note this recommendation was not supported in the dissenting report of
Opposition members of the committee, pp 275-276.
[21] ALRC,
Equality Before the Law: Justice for Women, ALRC 69 Part I, paras
3.19-3.21.
[22] ALRC,
Equality Before the Law: Justice for Women, ALRC 69 Part I, para 3.21.
[23] Australian
Christian Lobby, Submission 71, pp 1-2; Family Voice Australia, Submission
73, p. 2. See also Endeavour Forum, Submission 36, p. 1.
[24] [2000]
FCA 1009. See also Re McBain [2002] HCA 16.
[25] Similar
provisions in South Australian legislation were held to be inoperative by the
Full Court of the South Australian Supreme Court. See Equal Opportunity
Commission and the Office of Women (SA), Submission 45, p. 4; Pearce
v South Australian Health Commission [1996] SASC 5801.
[26] Committee
Hansard, 11 September 2008, p. 56.
[27] Committee
Hansard, 11 September 2008, p. 51.
[28] Submission
71, p. 2. See also Committee Hansard, 11 September 2008, p. 51; Family Voice Australia, Submission 73, pp 2-5.
[29] Senate
Legal and Constitutional Affairs Committee, Inquiry into the Provisions of
the Sex Discrimination Amendment Bill (No.1) 2000, February
2001, at https://www.aph.gov.au/Senate/committee/legcon_ctte/completed_inquiries/1999-02/sexdisreport/report/contents.htm (accessed 8 October 2008).
[30] Committee
Hansard, 11 September 2008, pp 51-52.
[31] Submission
45, p. 4.
[32] Submission
26, p. 3.
[33] Submission
45,p. 2.
[34] Committee
Hansard, 11 September 2008, pp 13-14.
[35] Submission
6, p. 6. See also Ms Annemarie Ashton, Carers Australia, Committee
Hansard, 11 September 2008, p. 16.
[36] Committee
Hansard, 9 September 2008, p. 3. See also Ms Ashton, Carers Australia, Committee
Hansard, 11 September 2008, pp 15-17; Dr Belinda Smith and Dr Joellen
Riley, ‘Family-friendly Work Practices and the Law’, Sydney Law Review, Vol.
26 2004, pp 395-426.
[37] Section
7A and subsection 14(3A) of the Act.
[38] Committee
Hansard, 9 September 2008, p. 16.
[39] Committee
Hansard, 9 September 2008, p. 16. See also Ms Shirley Southgate, NACLC, Committee
Hansard, 9 September 2008, p. 33; Collaborative submission, Submission
60, p. 29.
[40] Submission
59, p. 24.
[41] Submission
59, pp 24-25.
[42] Submission
45,p. 2. See also Dads on the Air, Submission
6, pp 6-8; Women’s Electoral Lobby, Submission 8, pp
12-14, Business and Professional Women Australia, Submission
11, p. 3, Dr Belinda Smith, Submission 12, p. 8; Non-Custodial
Parents Party, Submission 21, p. 4; New South Wales
Premier, Submission
23, p. 1, South Australian Premier’s Council for Women, Submission
18, p. 2; Carers Australia, Submission 33, pp
12-13; NACLC, Submission 52, pp 10-11 and 17-18; Associate
Professor Simon Rice, Submission 53, p. 6; ACTU,
Submission
55, p. 7; YWCA, Submission 58, p. 9; Anti-Discrimination
Commission Queensland Submission 63, pp 8-9;
Families without Women, Submission 67, p. 34.
[43] HREOC,
Submission 69, p. 102. See also Dr Belinda Smith, Committee
Hansard, 9 September 2008, p. 59; Collaborative
submission, Submission 60, p. 14.
[44] Submission
13, p. 4. See also Associate Professor Simon Rice, Submission 53, p.
6.
[45] Committee
Hansard, 11 September 2008, pp 13-14.
[46] Submission
29, pp 7-9. See also Carers Australia, Submission 33, p. 10;
Independent Education Union of Australia, Submission 49, p. 5; NACLC, Submission
52, pp 17-18; ACTU, Submission 55, p. 8.
[47] Submission
25, pp 19-20. For example, paragraph 659(2)(f) of the Workplace
Relations Act prohibits termination of employment on the basis of an
employee’s family responsibilities.
[48] Submission
25, pp 20-21.
[49] HREOC,
Submission 69, pp 104-109. See also Community and Public Sector
Union - State Public Services Federation, Submission 24, p. 3; Human Rights
and Equal Opportunity Commission, It's About Time: Women, men,
work and family, Sydney, March 2007, pp 60-65.
[50] Submission
69, p. 107.
[51] Submission
69, p. 108.
[52] Committee
Hansard, 11 September 2008, p. 14. See also Collaborative submission, Submission
60, p. 15.
[53] Submission
5, p. 3. See also Anti-Discrimination Commission Queensland, Submission
63, pp 8-9 and 14.
[54] Submission
43, p. 2. See also NACLC, Submission 52, p. 18; Victorian Equal
Opportunity and Human Rights Commission, Submission 72, p. 2.
[55] Submission
43, p. 2.
[56] HREOC,
It's About Time: Women, men, work and family, Sydney, March 2007,
recommendations 4 and 6, pp 59 and 64.
[57] Submission
33, pp 5, 11-12 and 13-14. See also Associate Professor Simon Rice, Submission
53, p. 5; HREOC, Submission 69, p.103.
[58] Committee
Hansard, 11 September 2008, p. 14.
[59] Submission
69, pp 103-104.
[60] Submission
25, p. 21. See also Minister for Employment and Workplace Relations, The
National Employment Standards, at: http://www.workplace.gov.au/NR/rdonlyres/1955FD28-3178-44CD-9654-56A3D5391989/0/NationalDiscussionPaper_web.pdf
(accessed 14 October 2008), pp 12 and 21-22.
[61] Submission
25, p. 21.
[62] Committee
Hansard, September 2008, p. 21.
[63] Submission
69, p. 105.
[64] Submission
45, p. 4. See also NACLC, Submission 52, p. 20; Victorian Equal
Opportunity and Human Rights Commission, Submission 72, pp 2-3; HREOC, Report
of Inquiry into a Complaint of Discrimination in Employment and Occupation:
Discrimination on the ground of sexual preference, HRC Report No. 6, 1998
available at: http://www.humanrights.gov.au/pdf/human_rights/discrimination_sexual_pref.pdf
(accessed 2 September 2008).
[65] Answers
to question on notice, 22 October 2008, p. 3.
[66] Submission
51, p. 10.
[67] Submission
51, pp 16-24. See also NACLC, Submission 52, p. 21.
[68] Submission
80, p. 3.
[69] Submission
1, pp 2-5.
[70] Submission
1, p. 5.
[71] Committee
Hansard, 9 September 2008, p. 56.
[72] Submission
46, p. 2.
[73] Subsection
5(1A) of the Act.
[74] Committee
Hansard, 9 September 2008, p. 12. See also Submission 69, pp 89-90;
Anti-Discrimination Commission Queensland, Submission 63, p. 9.
[75] Submission
52, pp 19-20. See also Ms Caroline Lambert, Committee Hansard, 11 September 2008, p. 58.
[76] Submission
15, p. 8. See also Law Council, Submission 59, p.30;
Anti-Discrimination Commission Queensland, Submission 63, pp
11-12.
[77] Committee
Hansard, 9 September 2008, p. 32.
[78] Submission
50, p. 2. See also Collaborative submission, Submission 60, p. 15.
[79] Submission
59, p. 30.
[80] Submission
63, pp 11-12. See ALRC, Equality Before the Law: Justice for Women, ALRC
69 Part I, recommendation 3.9.
[81] That
is the Act, the Racial Discrimination Act 1975, the Disability
Discrimination Act 1992 and the Age Discrimination Act 2004.
[82] Submission
59, pp 30-31.
[83] Submission
20, pp 5 and 26-27.
[84] Submission
29, pp 5-6 and 17. See also Ms Shirley Southgate, NACLC, Committee
Hansard, 9 September 2008, p. 32; Women’s Legal Services Australia, Submission
44, p. 2; ACTU, Submission 55, p. 11.
[85] Submission
52, p. 39. See also Ms Caroline Lambert, YWCA Australia, Committee
Hansard, 11 September 2008, p. 59.
[86] Committee
Hansard, 10 September 2008, p. 53. See also Mr Ian Scott, JobWatch, Committee
Hansard, 10 September 2008, p. 43.
[87] Committee
Hansard, 11 September 2008, p. 44. See also Miss Elnaz Nikibin,
UNIFEM Australia, Committee Hansard, 9 September 2008, p.42.
[88] Submission
69, pp 259-260; ALRC, Equality Before the Law: Women’s Equality, ALRC
69 Part II, recommendations 4.1 to 4.8.
[89] ALRC,
Equality Before the Law: Women’s Equality, ALRC 69 Part II, para 4.46.
[90] Submission
69, pp 259-267.
[91] Committee
Hansard, 9 September 2008, p. 3. See also Collaborative submission, Submission
60, pp 37-39; Submission 69, p. 260.
[92] Submission
69, pp 8-13.
[93] Committee
Hansard, 9 September 2008, p. 3.
[94] Committee
Hansard, 10 September 2008, p. 51. See also Ms Shirley Southgate, NACLC, Committee
Hansard, 9 September 2008, p. 30; Ms Rosalind Strong and Miss Elnaz Nikibin,
UNIFEM Australia, Committee Hansard, 9 September 2008, pp 41-42; Dr Marie Joyce, Ordination of Catholic Women, Committee Hansard, 11 September 2008, p. 29.
[95] Committee
Hansard, 9 September 2008, p. 59.
Chapter 5 - Effectiveness of the Act
[1] The
committee notes however that one submission suggested that gender equality may
have reached an acceptable level already: Dr Stan Jeffrey KSJ, Submission 4,
p. 1. While two submissions expressed opposition to CEDAW: Endeavour Forum, Submission
36, p. 1; Mr Ross Mitchell, Submission 81, p. 2.
[2] HREOC,
Submission 69, p. 36; ALRC, Equality Before the Law: Justice for
Women, ALRC 69 Part I, para 3.29; Ontario Human Rights Commission, Racism
and Racial Discrimination - Systemic Discrimination, Fact Sheet, at http://www.ohrc.on.ca/en/resources/factsheets/systemic (accessed 28 October 2008). HREOC gave examples of systemic sex discrimination
including the gap between women and men’s earnings due to the lack of value
ascribed to what is commonly characterised as ‘women’s work’.
[3] Submission
69, pp 219-220. See also Emily’s List, Submission 61, p. 2.
[4] Committee
Hansard, 9 September 2008, p. 2. See also Submission 69, p. 35.
[5] Committee
Hansard, 11 September 2008, pp 38-39.
[6] Committee
Hansard, 10 September 2008, p. 23.
[7] Submission
16, p. 2. See also Independent Education Union of Australia, Submission 49,
p. 2.
[8] Committee
Hansard, 10 September 2008, p. 11.
[9] Submission
17, p. 1. See also Diversity Council Australia Inc, Submission 47,
p. 4.
[10] Submission
55, p. 2.
[11] Submission
17, p. 1.
[12] Submission
55, p. 2.
[13] Dr
Belinda Smith, ‘A Regulatory Analysis of the Sex Discrimination Act 1984 (Cth):
Can it effect equality or only redress harm?’ in C Arup, et al (eds), Labour
Law and Labour Market Regulation - Essays on the Construction, Constitution and
Regulation of Labour Markets and Work Relationships, Federation Press,
Sydney, 2006, p. 116.
[14] Associate
Professor Beth Gaze, ‘The Sex Discrimination Act After Twenty Years:
Achievements, Disillusionment and Alternatives’, UNSW Law Journal, vol
27(3), 2004, pp 914-921 at p. 921. See also Australian Women Lawyers, Submission
29, p. 3.
[15] Committee
Hansard, 9 September 2008, pp 30-31.
[16] Committee
Hansard, 9 September 2008, p. 31.
[17] Submission
69, p. 46.
[18] Submission
29, pp 3-4.
[19] Submission
30, p. 7. See also Women’s Electoral Lobby, Submission 8, p. 2.
[20] Submission
20, pp 7-8. See also HREOC, Submission 69, p.
8.
[21] Committee
Hansard, 11 September 2008, p. 5.
[22] Committee
Hansard, 11 September 2008, p. 5. See also ACCI, Submission 25, p.
33.
[23] United
Nations, Report of the Committee on the Elimination of Discrimination
against Women, United Nations, New York, 2006 at: http://www.un.org/womenwatch/daw/cedaw/34sess.htm#documents (accessed
29 August 2008) pp 40-46.
[24] Submission
39, p. 5. See also NACLC, Submission 52, p. 9; Collaborative
submission, Submission 60, p. 10; Australian Catholic Religious Against
Trafficking in Humans, Submission 78, p. 2.
[25] Submission
69, p. 187. See also Women’s Electoral Lobby, Submission 8, p. 12.
[26] Submission
69, p. 191.
[27] Committee
Hansard, 11 September 2008, p. 41. See also paragraph 6.17.
[28] Mr
Ian Scott, Job Watch, Committee Hansard, 10 September 2008, p. 44.
[29] Committee
Hansard, 10 September 2008, p. 35. See also Hawkesbury Nepean Community
Legal Centre, Submission 77, p. 2.
[30] Submission
62, pp 6 and 8.
[31] Submission
56, p. 2. See also Shop, Distributive and Allied Employees’ Association, Submission
42, p. 6.
[32] Submission
56, p. 2.
[33] Submission
11, p. 2.
[34] Submission
69, p. 30. See also Australian Women’s Health Network, Submission
30, p. 3; Queensland Council of Unions, Submission 46, p. 7.
[35] House
of Representatives Standing Committee on Employment and Workplace Relations Hansard,
18 September 2008, p. 1.
[36] Submission
59, p.21. See also Ms Penny Thew, Law Council, Committee Hansard, 10 September 2008, p. 60.
[37] Committee
Hansard, 10 September 2008, p. 62.
[38] Submission
5, p. 2. See also Association of Professional Engineers, Scientists and
Managers Australia, Submission 48, p. 6; HREOC, Submission 69, pp
31-32.
[39] Submission
5, p. 2.
[40] Submission
19, pp 3-4. See also Committee Hansard, 9 September 2008, p. 40.
[41] Submission
48, pp 3-6.
[42] Submission
48, p. 3.
[43] Submission
59, pp 19-22.
[44] Submission
59, p. 20.
[45] Committee
Hansard, 10 September 2008, p. 59.
[46] Submission,
19, pp 2-3.
[47] Submission
69, p. 33.
[48] Submission,
19, p. 3.
[49] Committee
Hansard, 9 September 2008, pp 39-40.
[50] Submission
5, pp 3-4.
[51] Submission
58, p. 8.
[52] Productivity
Commission, Paid Parental Leave: Support for Parents with Newborn Children, Draft
inquiry report, Canberra, September 2008 at: http://www.pc.gov.au/projects/inquiry/parentalsupport/draft (accessed 20 October 2008), p. 2.1.
[53] Productivity
Commission, p. 2.1
[54] Submission
69, p. 31.
[55] Submission
11, p. 3. See also Professor Marian Sawer, Committee Hansard, 11 September 2008, p. 41.
[56] Submission
19, p. 6.
[57] Committee
Hansard, 9 September 2008, p. 40. See also p. 44.
[58] Committee
Hansard, 9 September 2008, p. 18.
[59] Submission
69, p. 35. See also p. 191.
[60] Submission
26, pp 3-4.
[61] Submission
31, p. 3. See also pp 11-14; HREOC, Committee Hansard,
9 September 2008, p. 4; Women’s Forum Australia, Submission 64, pp
12-13.
[62] Submission
69, p. 132.
[63] Submission
69, pp 132-133.
[64] Submission
48, p. 7.
[65] Submission
55, p. 11. See also PILCH, Submission 31, supplementary submission,
p. 1; Shop, Distributive and Allied Employees’ Association, Submission 42,
p. 6; HREOC, Submission 69, p. 133.
[66] Submission
60, p. 33. See also Emily’s List, Submission 61, pp 2-3.
[67] Submission
52, p. 19. See also PILCH, Submission 31, supplementary submission,
p. 2; HREOC, Submission 69, p. 132.
[68] See
also HREOC, Submission 69, p. 132.
[69] Submission 45,
p. 3. See also Victorian Automobile Chamber of
Commerce, Submission 32, p. 7.
[70] Committee
Hansard, 9 September 2008, p.18.
[71] Submission
69, p. 139.
[72] Submission
69, p. 140.
[73] Committee
Hansard, 9 September 2008, p.19. See also Submission 69, pp 140-141.
[74] Committee
Hansard, 9 September 2008, p.19. See also Submission 69, pp 141-142.
[75] Submission
75, p. 2.
[76] Submission
59, pp 27-28.
[77] Submission
59, p. 29. See also HREOC, Submission 69, pp 142-143.
[78] Submission
13, p. 4. See also Working Women’s Centres, Submission
56, p. 6.
[79] Submission
22, p. 6.
[80] Submission
22, p. 5. See also Collaborative submission, Submission 60, pp
33-34.
[81] Submission
56, p. 5.
[82] Submission
56, p. 5.
[83] Submission
59, pp 28-29; Submission 69, pp 137-138.
[84] Submission
59, p. 29; Submission 69, pp137-138.
[85] Submission
69, pp 137-138. See also Law Council, Submission
59, p. 29.
[86] Committee
Hansard, 10 September 2008, p. 26.
[87] Submission
69, p. 34.
[88] Submission
64, p. 3.
[89] Submission
30, p. 3. See also Women’s Forum Australia, Submission 64, p. 1.
[90] Submission
56, pp 6-7.
[91] Mr
Richard A Greenwood, Submission 3, p. 2; Dads on the Air, Submission
6; Lone Fathers Association Australia, Submission 54; Families
without Women, Submission 67, pp 6 and 9.
[92] Submission
54, p. 6.
[93] Submission
6, p. 2. See also Mr Ross Mitchell, Submission 81, p. 2.
[94] Dads
on the Air, Submission 6; Non-Custodial Parents Party, Submission
21; Lone Fathers Association Australia Submission 54;
Families without Women, Submission 67.
[95] Submission
6, p. 2.
[96] Submission
45, p. 3. See also Australian Women Lawyers, Submission 29, pp 4-5.
[97] Committee
Hansard, 10 September 2008, p. 3.
[98] Committee
Hansard, 9 September 2008, p. 8. See also Mr Peter Arnaudo,
Attorney-General’s Department, Committee Hansard, 11 September 2008, p.
9; Attorney-General’s Department, Answers to question on notice, 22
October 2008, p. 2.
[99] Committee
Hansard, 11 September 2008, p. 6.
[100] Submission
6, p. 3.
See also Non-Custodial Parents Party, Submission
21, pp 2-4; Adrian Smyth, Submission 28; Neville
Edwards, Submission
34; Lone Fathers Association Australia Submission 54 pp 4-8;
Helmut Roth, Submission 66; Families without Women, Submission
67.
[101] Committee
Hansard, 9 September 2008, p. 4.
[102] Committee
Hansard, 9 September 2008, p. 8. See also Ms Kate Eastman, Law Council, Committee
Hansard, 10 September 2008, p. 58.
Chapter 6 - Complaints process
[1] Committee
Hansard, 10 September 2008, p. 24.
[2] Submission
46, p. 7. See also Public Interest Law Clearing House Submission
31, p. 3; ACTU Submission 55,
pp 3 and 5.
[3] Submission
8, pp 7-8.
[4] Submission
12, pp 5-6, 9-10.
[5] Committee
Hansard, 9 September 2008, p. 60. See also Australian Women’s Health
Network, Submission
30, p. 5; Human Rights Law Centre, Submission 20, pp
19-21; NACLC, Submission 52, p. 24; Collaborative
submission, Submission 60, pp 17-18.
[6] Submission
60, p. 17. See also Women’s Electoral Lobby, Submission
8, p. 7.
[7] Submission
69, p. 181.
[8] Submission
69, pp 194-195.
[9] Submission
69, p. 199.
[10] Submission
69, p. 195.
[11] Submission
69, p. 196.
[12] Submission
48, pp 8-9. See also Ms Michelle Panayi, PILCH, Committee
Hansard, 10 September 2008, pp 32-33.
[13] Submission 42,
pp 2, 7 and 10. See also Queensland Council of Unions Submission
46, p. 3; Independent Education Union of Australia, Submission
49, p. 6.
[14] Committee
Hansard, 9 September 2008, p. 73.
[15] Committee
Hansard, 9 September 2008, p. 73.
[16] Committee
Hansard, 9 September 2008, pp 45-46. See also Australian Women’s Health
Network, Submission
30, p. 10.
[17] Submission
8, pp 11-12. See also PILCH, Submission
31, p. 17; NACLC, Submission 52, pp 12
and 26.
[18] Committee
Hansard, 11 September 2008, p. 41.
[19] Committee
Hansard, 10 September 2008, p. 37. See also pp 36 and 40; and Victorian
Automobile Chamber of Commerce, Submission 32, p. 6, regarding the small
proportion of complaints pursued through HREOC in Victoria.
[20] Submission
26, pp 4-5. See also Queensland Council of Unions Submission 46, pp
2-3; NACLC, Submission 52, p. 26.
[21] Submission
30, p. 10. See also Shop, Distributive and Allied Employees’ Association
Submission
42, pp 7-8; Independent Education Union of Australia, Submission
49, pp 6-7; PILCH, Submission 31, pp
16-17.
[22] Submission
31, p. 3. See also Submission 31, pp 11 and
15-16; NACLC, Submission 52, p. 19.
[23] Committee
Hansard, 10 September 2008, p. 26.
[24] Submission
32, p. 5.
[25] Submission
25, p. 11.
[26] Committee
Hansard, 10 September 2008, p. 14.
[27] Committee
Hansard, 11 September 2008, p. 8.
[28] Committee
Hansard, 10 September 2008, p. 24.
[29] Submission
15, p. 7.
[30] Submission
50, p. 2.
[31] Submission
68, p. 2. See also National Legal Aid, Submission 76, p. 2; Guideline
4.1, Civil Law Guidelines, Agreement between the Commonwealth of Australia
and Legal Aid Commission of New South Wales for the provision of
legal assistance services, March 2005, p. 91.
[32] Committee
Hansard, 11 September 2008, p. 43. See also Collaborative submission, Submission
60, p. 24.
[33] Women’s
Electoral Lobby, Submission 8, p. 12; National Foundation for
Australian Women, Submission 15, p. 7; Australian Education
Union, Submission
17, pp 5-6; Legal Aid New South Wales, Submission 68, p. 2; National
Legal Aid, Submission 76, p. 2.
[34] Submission
76, p. 2.
[35] Submission
69, p. 203. See also PILCH Submission 31,
p. 34.
[36] See
for example, Shop, Distributive and Allied Employees’ Association Submission
42, p. 7; Queensland Council of Unions Submission 46,
p. 6; PILCH Submission 31, pp 5 and 34; NACLC Submission
52, p. 13.
[37] Committee
Hansard, 9 September 2008, p. 73.
[38] Submission
40.
[39] Committee
Hansard, 9 September 2008, p. 29.
[40] Submission
69, p. 207.
[41] Submission
69, pp 206-207.
[42] Submission
69, p. 209. See also Legal Aid New South Wales, Submission 68, p. 4.
[43] Submission
31, pp 24-25. See also Human Rights Law Centre, Submission 20,
pp 50-51.
[44] Submission
25, pp 15-16.
[45] Subsection
46PO(2) of the HREOC Act.
[46] Submission
69, p. 204. See also p. 195.
[47] Committee
Hansard, 9 September 2008, p. 22. See also Submission 69, p. 204.
[48] Submission
60, p. 12. See also Mr Brook Hely, Committee Hansard, 9 September
2008, p. 11; Ms Caroline Lambert, YWCA Australia, Committee Hansard, 11
September 2008, p. 62.
[49] Submission 53, p. 4.
[50] Committee
Hansard, 9 September 2008, p. 11. See also Submission 69, pp 65-71.
[51] See
HREOC, Submission 69, p. 69.
[52] Submission
69, p. 69.
[53] Submission
53, p. 5. See also Collaborative submission, Submission
60, pp 12-13.
[54] HREOC,
Federal Discrimination Law, at http://www.hreoc.gov.au/legal/FDL/index.html
(accessed
27 October 2008), Chapter 7, Tables 2 and 3. See also Job
Watch, Submission 62, pp 33-35; Diversity Council of Australia, Submission
47, pp 8-9.
[55] Submission
32, p. 5.
[56] Committee
Hansard, 10 September 2008, p. 19.
[57] Submission
60, p. 24.
[58] Submission
52, p. 22.
[59] Submission
52, p. 22. See also Job Watch, Submission 62, p. 27.
[60] Submission
59, p. 23.
[61] Submission
52, pp 22-23 and 29. See also PILCH, Submission 31, pp 3 and 17-19;
Job Watch, Submission 62, p. 27; Mr Ian Scott, Job Watch, Committee
Hansard, 10 September 2008, p. 41.
[62] Submission
59, pp 23-24.
[63] Submission
8, p. 8.
[64] Committee
Hansard, 9 September 2008, p. 60.
[65] Submission
60, p. 24.
[66] Submission
60, p. 25. See also Dr Sara Charlesworth, Submission
39, p. 9.
[67] Submission
22, p. 5.
[68] Submission
12, p. 9.
[69] Committee
Hansard, 9 September 2008, p. 76.
[70] Submission
52, p. 26.
[71] Submission
52, pp 27 and 29.
[72] Submission
52, p. 26.
[73] Submission
19, p. 9. See also Committee Hansard, 9 September 2008, p. 46.
[74] Submission
62, pp 24-25.
[75] Submission
62, p. 24.
[76] Committee
Hansard, 10 September 2008, p. 40.
[77] Submission
52, p. 24.
[78] Submission
52, p. 24.
[79] Submission
52, p. 24.
[80] Submission
69, p. 322.
[81] Submission
69, p. 320.
[82] Submission
69, pp 322-323.
[83] Submission
39, pp 7-8.
[84] Submission
39, p. 8.
[85] Submission
39, p. 8. See also Collaborative submission, Submission
60, pp 25-26.
[86] ACTU,
Submission
55, pp 15-16. See similar proposals from the Shop,
Distributive and Allied Employees’ Association Submission 42, pp
9-10; and Queensland Council of Unions Submission 46, pp 4-5.
[87] Submission 55,
pp 15-16.
[88] Committee
Hansard, 10 September 2008, p. 37. See also ACCI, Submission 25, p.
11.
[89] Submission
69, p. 198.
[90] Submission
69, p. 193.
[91] Women’s
Electoral Lobby Submission 8, p. 11. See also Shop,
Distributive and Allied Employees’ Association Submission
42, pp 4 and 11; Queensland Council of Unions Submission
46, pp 6-7; ACTU Submission 55, p. 14; Collaborative
submission, Submission 60, pp 26-27 and 28.
[92] Submission
8, pp 10-11.
[93] Committee
Hansard, 11 September 2008, p. 43.
[94] Submission
39, p. 6.
[95] Submission
69, pp 324-325.
Chapter 7 - Exemptions
[1] HREOC,
Submission 69, pp 154-155.
[2] Submission 52,
p. 9. See also Committee Hansard, 9 September 2008, p. 35; Women’s Legal
Services Australia, Submission 44, p. 2.
[3] Submission 52,
p. 32. See also Job Watch, Submission 62, p. 31; Women’s Legal Services
Australia, Submission 44, p. 2.
[4] Committee
Hansard, 10 September 2008, p. 2. See also pp 4-6; Ms Shirley Southgate,
NACLC, Committee Hansard, 9 September 2008, p. 34.
[5] ALRC,
Equality Before the Law: Justice for Women, ALRC 69 Part I, para 3.12
and 3.73; HREOC, Submission 69, p. 163.
[6] ALRC,
Equality Before the Law: Justice for Women, ALRC 69 Part I, para 3.68;
HREOC, Submission 69, p. 156. See also Ms Schleiger, Human Rights Law
Centre, Committee Hansard, 10 September 2008, p. 4; Women’s Electoral
Lobby, Submission 8, p. 5.
[7] Submission
69, pp 151 and 163-164.
[8] Committee
Hansard, 9 September 2008, p. 21. See also Submission
69, p. 163
[9] Submission
69, pp 151 and 163-164.
[10] Submission
53, p. 7.
[11] Submission
53, p. 7. See also Ms Cassandra Goldie, HREOC, Committee
Hansard, 9 September 2008, p. 25; Human Rights Law Centre, Answers to questions
on notice, 19 September 2008, pp 2-3.
[12] Ms
Scheilger, Committee Hansard, 10 September 2008, p. 5.
[13] Answers
to questions on notice, 19 September 2008, pp 3-9.
[14] Committee
Hansard, 10 September 2008, p. 5.
[15] Submission
53, p. 7.
[16] Submission
69, p. 162.
[17] Committee
Hansard, 10 September 2008, p. 54.
[18] Committee
Hansard, 10 September 2008, p. 54.
[19] HREOC,
Submission 69, p. 162.
[20] Submission
69, p. 165.
[21] Submission
7, p. 1. See also Australian Women’s Health Network Submission 30,
p. 11; NACLC, Submission 52, p. 32.
[22] Submission
7, p. 3.
[23] Submission
7, p. 3.
[24] Submission
7, p. 3.
[25] Committee
Hansard, 11 September 2008, p. 30.
[26] Committee
Hansard, 11 September 2008, p. 32.
[27] Submission
60, p. 35. See also Ms Caroline Lambert,
YWCA Australia, Committee Hansard, 11 September 2008, p. 60.
[28] Submission
19, p. 8.
[29] Committee
Hansard, 9 September 2008, p. 43.
[30] Committee
Hansard, 11 September 2008, p. 47.
[31] Committee
Hansard, 11 September 2008, p. 50.
[32] Submission
65, p. 2.
[33]
Submission 65, p. 3.
[34] Committee
Hansard, 9 September 2008, p. 35.
[35] Committee
Hansard, 10 September 2008, pp 4-5. See also Ms Caroline Lambert, YWCA
Australia, Committee Hansard, 11 September 2008, p. 60.
[36] Submission
17, p. 8. See also Mr Angelo Gavrielatos, Australian Education Union , Committee
Hansard, 10 September 2008, p. 65; YWCA, Submission 58, p. 6; Anti-Discrimination
Commission Queensland, Submission 63, p. 5.
[37] Submission
17, p. 8.
[38] Submission
60, p. 36. See also Mr Angelo Gavrielatos, Australian Education Union , Committee
Hansard, 10 September 2008, p. 65.
[39] Submission
49, p. 7; Submission 75, pp 6-7.
[40] Submission
27, pp 3-6. See also Mr Colin Clifford, Jubilee Christian College, Submission
35; Mr Donald Leys, Condell Park Christian School, Submission 37; Mr
Ronald Christie, Associate Pastor, Condell Park Bible Church, Submission 38.
[41] Committee
Hansard, 9 September 2008, p. 50.
[42] Committee
Hansard, 9 September 2008, pp 47-48. See also p. 55.
[43] Committee
Hansard, 9 September 2008, p. 48. See also p. 56.
[44] Committee
Hansard, 9 September 2008, p. 56. See also Association of Independent
Schools of South Australia, Submission 75, p. 3.
[45] Committee
Hansard, 9 September 2008, p. 51.
[46] Submission
13, p. 5. See also Ordination of Catholic Women, Submission 9, part
2 and UNIFEM Submission 19, p. 8.
[47] Submission
9, part 2, p. 2.
[48] Submission
9, part 2, p. 2.
[49] Mr
Mark Spencer, Christian Schools Australia, Committee Hansard, 9 September 2008, pp 53-54; Submission 27, pp 6-7. See also Mr Colin Clifford, Jubilee
Christian College, Submission 35.
[50] OV
and anor v QZ and anor (No.2) [2008] NSWADT 115 at 119.
[51] Mrs
Rosalind Strong, UNIFEM Australia, Committee Hansard, 11 September
2008, p. 42.
[52] Committee
Hansard, 9 September 2008, p. 43.
[53] Submission
49, p. 8.
[54] Submission
49, p. 8.
[55] ALRC,
Equality Before the Law: Justice for Women, ALRC 69 Part I,
recommendation 3.11.
[56] Submission
74, p. 2.
[57] Submission
74, p. 3.
[58] Submission
74, p. 2.
[59] Committee
Hansard, 11 September 2008, p. 56. See also Endeavour Forum,
Submission 36, p. 2.
[60] See
Jyonah Jericho, Submission 2; Non-Custodial Parents Party, Submission
21, p. 5; Dads on the Air, Submission 6, pp 8-9.
[61] Submission
2, p. 1.
[62] Submission
2, p. 3.
[63] Submission
2, pp 7-8.
[64] ALRC,
Equality Before the Law: Justice for Women, ALRC 69 Part I,
recommendation 3.13.
[65] HREOC,
Submission 69, p. 174.
[66] HREOC,
Submission 69, p. 174.
[67] Submission
63, p. 3. See also Anti-Discrimination Commissioner of Tasmania, Submission
13, pp 5-6; Human Rights Law Centre, Submission 20, pp 40-41; NACLC,
Submission 52, p. 36.
[68] Committee
Hansard, 9 September 2008, p. 43. See also p. 45.
[69] Submission
20, p. 42.
[70] Submission
52, p. 33.
[71] Submission
52, pp 35-36.
[72] Committee
Hansard, 9 September 2008, p. 36.
[73] Anti-Discrimination
Commissioner of Tasmania, Submission 13, pp 5-6; Human Rights Law
Centre, Submission 20, pp 5-6; Associate Professor Beth Gaze, Submission
50, p. 5; Anti-Discrimination Commission Queensland, Submission 63,
pp 4-6.
[74] Committee
Hansard, 9 September 2008, p. 21. See also Ms Shirley Southgate, NACLC, Committee
Hansard, 9 September 2008, p. 34.
[75] Submission
69, p. 158.
[76] Submission
69, p. 159. See also Human Rights Law
Centre, Submission 20, p. 30.
[77] Submission
52, p. 38.
[78] Submission
22, p. 7. See also Collaborative submission, Submission 60, p. 36.
[79] Submission
69, p. 156.
[80] Submission
69, p. 157.
Chapter 8 - Impact on the economy
[1] Submission
25, p. 3.
[2] Submission
25, p. 3.
[3] Submission
25, p. 2.
[4] Submission
25, p. 3.
[5] Submission
29, p. 16. See also Carers Australia Submission 33, pp 7-8
and 12; Diversity Council Australia Inc Submission 47, pp 7-11.
[6] Submission
47, pp 10-11. See also Carers Australia, Submission 33, pp 7-8;
Collaborative submission, Submission 60, p. 32.
[7] Submission
47, p. 10.
[8] Submission
47, p. 8. See also Collaborative submission, Submission 60, p. 31.
[9] Committee
Hansard, 10 September 2008, p. 59.
[10] Submission
69, pp 131-132.
[11] Submission
69, p. 132.
[12] Committee
Hansard, 10 September 2008, p. 30.
[13] Submission
47, p. 9.
[14] Submission
69, p. 251.
[15] Submission
69, p. 252. See also ACTU, Submission 55, p. 3. On the related issue
of workforce participation of carers see Carers Australia, Submission 33,
pp 7-8 and 14-15.
[16] Submission
48, p. 8. See also HREOC Submission 69, p. 252.
[17] Submission
32, p. 5. See also ACCI, Submission 25, pp 3 and 7.
[18] Committee
Hansard, 10 September 2008, p. 11. See also Submission 25, pp 12-13.
[19] Committee
Hansard, 10 September 2008, p. 12.
[20] Submission
25, pp 13-14 and 27-28.
[21] Submission
25, p. 26.
[22] Committee
Hansard, 10 September 2008, p. 14.
[23] Committee
Hansard, 10 September 2008, p. 15. See also p. 16.
[24] Attorney-General’s
Department, Answers to questions on notice, 22 October 2008, p. 4.
[25] Attorney-General’s
Department, Answers to questions on notice, 22 October 2008, p. 4.
[26] Submission
69, pp 256-257. See also Mr Peter Arnaudo, Attorney-General’s Department, Committee
Hansard, 11 September 2008, p. 10.
[27] National
Foundation for Australian Women, Submission 15, p. 8; Shop, Distributive
and Allied Employees’ Association, Submission 42, p. 4; ACTU, Submission
55, p. 16; HREOC, Submission 69, p. 258.
[28] Committee
Hansard, 10 September 2008, p. 53
[29] Submission
13, pp 2-3. See also Queensland Council of Unions Submission 46, p.
1; Office of the Equal Opportunity Commissioner and the Office of Women (SA), Submission
45, p. 4.
[30] Submission
23, p. 2.
[31] Submission
23, p. 2.
[32] Submission
25, pp 3-4.
[33] Submission
25, p. 7.
[34] Attorney-General’s
Department, Answers to questions on notice, 22 October 2008, p. 2.
[35] Committee
Hansard, 11 September 2008, p. 3.
[36] Submission
25, pp 5-6.
Chapter 9 - Preventing discrimination
[1] Submission
57, pp 2-5. See also Women’s Health Victoria, Submission 14; Australian
Women’s Health Network, Submission 30, p. 9.
[2] Submission
57, p. 3.
[3] Committee
Hansard, 9 September 2008, p. 61.
[4] Submission
14, p. 2. See also section 84 of the Equality Act 2006 (UK);
section 76A of the Sex Discrimination Act 1975 (UK).
[5] Submission
14, p. 3. See also HREOC, Submission 69, pp 246-247; section 85 of
the Equality Act 2006 (UK) and sections 76B and 76D of the Sex
Discrimination Act 1975 (UK); Commission for Equality and Human Rights, Overview
of the Gender Equality Duty, at http://www.equalityhumanrights.com/en/publicationsandresources/Gender/Pages/Publicsector.aspx
(accessed 1 November 2008).
[6] Submission
14, p. 2. See also Emily’s List, Submission 61, p. 2.
[7] Committee
Hansard, 9 September 2008, p. 61.
[8] Submission
39, p. 10.
[9] Submission
39, p. 10.
[10] Submission
39, p. 11.
[11] Committee
Hansard, 9 September 2008, pp 73-74. See also Submission 55, pp 5-6;
Shop, Distributive and Allied Employees’ Association, Submission 42, p.
8.
[12] Submission
69, pp 79-82. See also pp 143-145.
[13] Submission
69, p. 80.
[14] Submission
69, p. 82.
[15] Submission
69, pp 247-248. See also sections 59 to 65 of
the Disability Discrimination Act 1992.
[16] Submission
69, p. 247.
[17] Submission
69, pp 248-249.
[18] Committee
Hansard, 10 September 2008, p. 15.
[19] Committee
Hansard, 10 September 2008, pp 16 and 17.
[20] Committee
Hansard, 10 September 2008, p. 20. See also pp 16 and 17.
[21] Submission
65, p. 3.
[22] Paragraphs
48(1)(d) and (e) of the Act. See also paragraphs 11(1)(g) and (h) of the HREOC
Act.
[23] Submission
69, pp 202 and 220.
[24] Paragraphs
10(1)(e) and (f) of the EOWW Act.
[25] Submission
79, p. 8.
[26] Submission
51, pp 1-3. See also NACLC Submission 52, pp 30-31.
[27] Submission
51, p. 8.
[28] Submission
51, pp 7-9.
[29] Submission
17, p. 8. See also Mr Angelo Gavrielatos, Australian Education Union, Committee
Hansard, 10 September 2008, p. 61.
[30] Submission
17, p. 8. See also Ms Catherine Davis, Australian Education Union,
Committee Hansard, 10 September 2008, p. 64.
[31] Submission
29, p. 15.
[32] Submission
29, p. 15.
[33] Committee
Hansard, 10 September 2008, pp 39-40.
[34] Submission
26, p. 2. See also Diversity Council Australia Inc, Submission 47,
p. 6; National Legal Aid, Submission 76, p. 2..
[35] Submission
32, pp 8-9. See also ACCI, Submission 25, pp 17 and 24.
[36] Committee
Hansard, 10 September 2008, p. 18.
[37] Submission
41, p. 5.
[38] Submission
33, pp 7-8.
[39] Submission
33, p. 9. See also Ms Ashton, Carers Australia, Committee Hansard, 11 September 2008, p. 24.
[40] Submission
39, p. 12.
[41] Submission
39, p. 12. See also Collaborative submission, Submission 60, p. 23.
[42] Submission
50, p. 3.
[43] Submission
69, p. 250.
Chapter 10 - Powers and resources
[1] Submission
55, p. 11.
[2] Submission
55, pp 12 and 17. See also Ms Bowtell, ACTU, Committee Hansard, 9 September 2008, p. 71.
[3] Committee
Hansard, 9 September 2008, pp 71-72.
[4] Dr
Belinda Smith, ‘A Regulatory Analysis of the Sex Discrimination Act 1984 (Cth):
Can it effect equality or only redress harm?’, 2006, p. 112.
[5] Committee
Hansard, 10 September 2008, p. 50.
[6] Ronnit
Redman, ‘Litigating for Gender Equality: The Amicus Role of the Sex
Discrimination Commissioner’, UNSW Law Journal, vol 27(3), 2004, pp 849-857
at p. 855.
[7] Submission
69, p. 222. See also definitions of ‘act’, ‘practice’, ‘enactment’ and
‘Territory’ in subsection 3(1) of the HREOC Act.
[8] Subsection
30(1) of the HREOC Act; HREOC, Submission 69, p. 222.
[9] Subsection
33(c) of the HREOC Act; HREOC, Submission 69, pp 222-223.
[10] Committee
Hansard, 9 September 2008, p. 23.
[11] HREOC,
Submission 69, p. 224.
[12] Ms
Penny Thew, Law Council, Committee Hansard, 10 September 2008, p. 49; Submission 59, p. 12. See also Mr Angelo Gavrielatos, Australian Education
Union, Committee Hansard, 10 September 2008, p. 61; Australian Education
Union, Submission 17, pp 4-5.
[13] Submission
59, p. 12. See also ALRC, Equality Before the Law: Justice for Women,
ALRC 69 Part I, recommendation 3.5.
[14] Submission
22, pp 3-4. See also, Women’s Electoral Lobby, Submission 8, p. 7-8.
[15] Committee
Hansard, 9 September 2008, p. 31.
[16] Submission
69, p. 225.
[17] Submission
69, p. 225.
[18] Dr
Belinda Smith, ‘A Regulatory Analysis of the Sex Discrimination Act 1984
(Cth): Can it effect equality or only redress harm?, 2006, p. 111. See also ACTU,
Submission 55, p. 10.
[19] Submission
12, pp 8-9. See also National Foundation for Australian Women, Submission
15, pp 6-7.
[20] Submission
26, p. 5
[21] Committee
Hansard, 9 September 2008, p. 71.
[22] Submission
55, p. 12.
[23] Submission
20, pp 6, 22 and 60.
[24] Submission
20, p. 60.
[25] Submission
31, pp 4-5, 29-31.
[26] Submission
31, pp 5, 22 and 32. NACLC, Submission 52, makes a similar
proposal at pp 24-25.
[27]
See paragraph 2.43.
[28] Submission
69, pp 225-229.
[29] Submission
69, p. 226. See also Mr John von Doussa, Committee Hansard, 9 September 2008, p. 23.
[30] Submission
69, p. 226.
[31] Committee
Hansard, 10 September 2008, p. 19.
[32] Committee
Hansard, 10 September 2008, p. 22.
[33] Committee
Hansard, 10 September 2008, p. 19.
[34] Submission
50, p. 2.
[35] Submission
69, pp 231 and 233.
[36] Submission
69, p. 232. HREOC also has broad intervention powers under paragraph
11(1)(o) of the HREOC Act.
[37] Committee
Hansard, 9 September 2008, p. 24.
[38] Submission
69, p. 235.
[39] Submission
8, p. 7. See also Collaborative submission, Submission 60, p. 17.
[40] Submission
55, p. 10.
[41] Submission
69, p. 240.
[42] Submission
69, p. 241.
[43] ALRC,
Equality Before the Law: Justice for Women, ALRC 69 Part I,
recommendation 3.4. See also Anti-Discrimination Commission Queensland Submission
63, p. 9.
[44] ALRC,
Equality Before the Law: Justice for Women, ALRC 69 Part I, para 3.45.
[45] ALRC,
Equality Before the Law: Justice for Women, ALRC 69 Part I,
recommendation 3.4.
[46] Submission
12, pp 8-9. See also Australian Education Union, Submission 17,
p. 5; Human Rights Law Centre, Submission 20, pp 6 and 23;
Anti-Discrimination Commission (QLD) Submission 63, pp 9-10.
[47] Submission
31, p. 34.
[48] Committee
Hansard, 10 September 2008, p. 52.
[49] Submission
69, p. 244.
[50] Submission
69, p. 243.
[51] Submission
69, p. 244.
[52] Submission
69, p. 245.
[53] Women’s
Electoral Lobby, Submission 8, p. 9; Australian Baha’i Community, Submission
16, p. 3; National Foundation for Australian Women, Submission 15,
pp 3 and 7; Australian Education Union, Submission 17, p. 4;
Australian Women’s Health Network, Submission 30, p. 8; Dr Sara
Charlesworth, Submission 39, p. 6; NACLC Submission 52,
p. 16.
[54] Committee
Hansard, 11 September 2008, p. 63.
[55] Committee
Hansard, 11 September 2008, p. 36.
[56] Submission
15, pp 2-3 and 8
[57] Mr
Gavrielatos, Committee Hansard, 10 September 2008, p. 61; Submission
17, pp 3-4. See also Dr Sara Charlesworth, Submission 39,
regarding the need for better data collection to monitor women’s disadvantage
and progress towards gender equality at pp 5-6.
[58] Committee
Hansard, 9 September 2008, p. 24.
[59] Sections
6 and 8 of the EOWW Act.
[60] Sections 13 and 13A of the EOWW Act.
[61] Submission
55, p. 10.
[62] Committee
Hansard, 9 September 2008, p. 75.
[63] Committee
Hansard, 11 September 2008, p. 44.
[64] Committee
Hansard, 11 September 2008, p. 62. See also Collaborative submission, Submission
60, p. 18.
[65] Submission
79, p. 13.
[66] Submission
15, pp 5-7.
[67] Submission
24, p. 3. See also Australian Women Lawyers Submission 29, pp
12-13.
[68] Submission
15, pp 5-6.
[69] Submission
79, pp 17-18.
[70] See
for example Legal Aid Queensland, Submission 26, pp 1-2 and 4; Dr Sara Charlesworth,
Submission 39, pp 12-13; Queensland Council of Unions, Submission
46, p. 6.
[71] Submission
69, p. 217. See also Professor Sawyer, Women’s Electoral Lobby, Committee
Hansard, 11 September 2008, p. 37.
[72] Submission
69, p. 182. See also pp 202 and 220.
[73] Legal
Aid Queensland, Submission 26, p. 4; Queensland Council of Unions, Submission
46, p. 6.
[74] Submission
26, p. 1.
[75] Submission
26, p. 4.
[76] Submission
47, p. 6.
[77] Women’s
Electoral Lobby, Submission 8, pp 8-10; National Foundation for
Australian Women, Submission 15, pp 3 and 10; Australian Women’s
Health Network, Submission 30, p. 8.
[78] Committee
Hansard, 11 September 2008, p. 37.
Chapter 11 - Summary of the views of Committee members
[1] Dr
Belinda Smith, ‘A Regulatory Analysis of the Sex Discrimination Act 1984 (Cth):
Can it effect equality or only redress harm?’ in C Arup, et al (eds), Labour
Law and Labour Market Regulation - Essays on the Construction, Constitution and
Regulation of Labour Markets and Work Relationships, Federation Press,
Sydney, 2006, p. 116.
[2] Committee
Hansard, 9 September 2008, p. 4.
[3] See
for example Women Lawyers Association of NSW and Australian Women Lawyers, Submission
29, p. 3; Collaborative submission, Submission 60, p. 1; Muslim
Women’s National Network of Australia, Submission 65, p. 3.
[4] ILO
Convention 100, ILO Convention 111 and ILO Convention 156.
[5] Sex
Discrimination Amendment Bill (No.1) 2000.
[6]
See section 28B and subsection 106(2) of the Act.
[7] ALRC,
Equality Before the Law: Justice for Women, ALRC 69 Part I,
recommendation 3.9.
[8] This
would particularly be the case if the committee’s recommendation that a general
prohibition on discrimination is implemented.
[9] Section
31 clarifies that it is not discriminatory to provide women with rights or
privileges in connection with pregnancy or childbirth. Section 32 provides that
the prohibitions on discrimination do not apply to services which by their
nature can only be provided to one sex.
Dissenting report by Liberal Senators
[1] Submission
47, p. 3.
[2] United
Nations Development Programme, Human Development Report 2007-2008, at http://hdr.undp.org/en/media/HDR_20072008_GDI.pdf (accessed 2 December 2008), p. 326.
[3] Committee
Hansard, 10 September 2008, p. 20.
[4] CEDAW,
ICCPR, ICESCR and ILO Conventions 100, 111 and 156.
[5] Ministerial
Council on Education, Employment, Training and Youth Affairs, National
Report on Schooling in Australia 2006: Preliminary Paper - 2006 National
Benchmark Results for Reading, Writing and Numeracy, Years 3, 5 and 7 at: http://www.mceetya.edu.au/verve/_resources/Benchmarks_2006_Years35and7-Final.pdf
(accessed 3 December 2008), pp 12, 23 and 34; House of Representatives Standing
Committee on Education and Training, Boys: getting it right - Report on the
inquiry into the education of boys, at https://www.aph.gov.au/house/committee/edt/Eofb/report/fullrpt.pdf
(accessed 3 December 2008), October 2002.
[6] Committee
Hansard, 11 September 2008, pp 52-53.
[7] Family Voice Australia, Submission 73, pp 5-6. See also Sex Discrimination Amendment (Teaching Profession) Bill 2004: Explanatory Memorandum, at https://www.aph.gov.au/Senate/committee/legcon_ctte/completed_inquiries/2002-04/sexdisc_04/info/em.pdf (accessed 3 December 2008), p. 2.
[8] [2000] FCA 1009. See also Re
McBain [2002] HCA 16.
[9] Submission
71, p. 2. See also Committee Hansard, 11 September 2008, p. 51; Family Voice Australia, Submission 73, pp 2-5.
[10] Committee
Hansard, 11 September 2008, p. 55.
[11] VACC,
Submission 32, p. 5; ACCI, Submission 25, pp 3 and 7.
[12] Committee
Hansard, 10 September 2008, p. 11. See also Submission 25, pp 12-13.
[13] Submission
25, p. 35.
[14] Mr
Scott Barklamb, ACCI, Committee Hansard, 10 September 2008, p. 14; ACCI, Submission 25, p. 11; VACC, Submission 32, p. 5.
[15] Volunteering
Australia, The current picture of volunteering in Australia: International
Year of the Volunteers Follow-up Report to the UN General Assembly, at http://www.volunteeringaustralia.org/files/0564UX9WRW/2008_UN_Report_Final.pdf
(accessed 3 December 2008), June 2008, p. 2; Australian Bureau of Statistics, Voluntary
Work Australia 2006, Cat No 4441.0 at: http://www.ausstats.abs.gov.au/ausstats/subscriber.nsf/0/C52862862C082577CA25731000198615/$File/44410_2006.pdf (accessed 3 December 2008), July 2007.
[16] Section
25 of the Act.
[17] Such
a provision would permit discriminatory conduct within reasonable limits.
[18] Mr
Daniel Mammone, ACCI, Committee Hansard, 10 September 2008, p. 14.
[19] Committee
Hansard, 10 September 2008, p. 11.
[20] HREOC,
Submission 69, pp 244-245.
[21] HREOC,
Submission 69, p. 243.
[22] Submission
25, p. 3.
[23] Mr
Daniel Mammone, ACCI, Committee Hansard, 10 September 2008, p. 15.
[24] Committee
Hansard, 10 September 2008, p. 20. See also pp 16 and 17.
[25] Committee
Hansard, 10 September 2008, p. 12.
[26] Submission
25, pp 13-14 and 27-28.
[27] Submission
25, p. 26.
[28] Committee
Hansard, 10 September 2008, p. 14.
[29] Committee
Hansard, 10 September 2008, p. 15. See also p. 16.
[30] Joint
Standing Committee on Treaties, Report 95: Treaties Tabled on 4 June,
17 June, 25 June and 26 August 2008, at: https://www.aph.gov.au/house/committee/jsct/4june2008/report1.htm (accessed 3 December 2008), pp 85-88
[31] Attorney-General
and Minister for the Status of Women, Media Release: Australia
comes in from the cold on women’s rights, 24 November 2008, at http://www.attorneygeneral.gov.au/www/ministers/RobertMc.nsf/Page/MediaReleases_2008_F
ourthQuarter_24October2008-AustraliaComesInFromTheColdOnWomensRights (accessed 26 November 2008).
[32] Joint
Standing Committee on Treaties, p. 87.
Additional comments by Senator Hanson-Young - Australian Greens
[1]
United Nations Universal Declaration of Human Rights http://www.unhchr.ch/udhr/lang/eng.htm