Footnotes

Chapter 1 - Introduction

[1]        The Hon Robert McClelland MP, Attorney-General, House of Representatives Hansard, 30 September 2010, p. 275.

[2]        The Hon Robert McClelland MP, Attorney-General, House of Representatives Hansard, 30 September 2010, p. 275, citing the Senate Legal and Constitutional Affairs Committee’s Inquiry into the effectiveness of the Sex Discrimination Act in eliminating discrimination and promoting gender equality, 2008.

[3]        Australian Government, Government Response to the report on the Sex Discrimination Act 1984, 4 May 2010.

[4]        Government Response, p. 2.

[5]        Government Response, p. 2. These measures are now all contained in Schedule 1 of the Bill.

[6]        Government Response, p. 2.

[7]        The Hon Robert McClelland MP, Attorney-General, House of Representatives Hansard, 30 September 2010, p. 275. See, also, the Hon Robert McClelland MP, Attorney-General, 'Australia's Human Rights Framework', media release, 21 April 2010, http://www.attorneygeneral.gov.au/www/ministers/mcclelland.nsf/Page/MediaReleases_2010_SecondQuarter_21April2010-AustraliasHumanRightsFramework, accessed 23 December 2010. The Australian Human Rights Framework, which outlines measures to protect and promote human rights in Australia, was launched by the Attorney‑General on 21 April 2010.

[8]        Human Rights Commission, Human rights: everyone, everywhere, everyday, p. 3, http://www.hreoc.gov.au/pdf/about/publications/about_brochure.pdf, accessed 5 January 2011.

[9]        The Hon Catherine Branson QC currently holds the office as both President of the Human Rights Commission and the Human Rights Commissioner.

[10]      The offices of both Disability Discrimination Commissioner and Race Discrimination Commissioner are currently both performed by the same person, Mr Graeme Innes AM.

Chapter 2 - Overview of the Bill

[1]        See paragraph 3(a) of the Sex Discrimination Act.

[2]        [1983] ATS 9, http://www.austlii.edu.au/au/other/dfat/treaties/1983/9.html, accessed 23 December 2010.

[3]        Senate Report, Recommendation 7, p. 149.

[4]        Item 10 of Schedule 1.

[5]        [1980] ATS 23, http://www.austlii.edu.au/au/other/dfat/treaties/1980/23.html, accessed 23 December 2010.

[6]        [1976] ATS 5, http://www.austlii.edu.au/au/other/dfat/treaties/1976/5.html, accessed 23 December 2010.

[7]        [1991] ATS 4, http://www.austlii.edu.au/au/other/dfat/treaties/1991/4.html, accessed 23 December 2010.

[8]        [1975] ATS 45, http://www.austlii.edu.au/au/other/dfat/treaties/1975/45.html, accessed 23 December 2010.

[9]        [1974] ATS 12, http://www.austlii.edu.au/au/other/dfat/treaties/1974/12.html, accessed 23 December 2010.

[10]      [1991] ATS 7, http://www.austlii.edu.au/au/other/dfat/treaties/1991/7.html, accessed 23 December 2010.

[11]      [1994] ATS 4, http://www.austlii.edu.au/au/other/dfat/treaties/1994/4.html, accessed 23 December 2010.

[12]      Subsection 9(9) of the Sex Discrimination Act.

[13]      Item 23 of Schedule 1.

[14]      Items 25 to 28 of Schedule 1.

[15]      Item 29 of Schedule 1; EM, p. 10.

[16]      EM, p. 6.

[17]      Senate Report, para 11.28; Recommendation 12, p. 150.

[18]      Item 17 of Schedule 1.

[19]      Item 17 of Schedule 1, proposed subsection 7AA(3).

[20]      Item 17 of Schedule 1, proposed paragraph 7AA(4)(a).

[21]      Item 17 of Schedule 1, proposed paragraph 7AA(4)(b).

[22]      EM, p. 6.

[23]      Direct discrimination occurs when a person treats another person less favourably than someone else on the basis, in this case, that they are breastfeeding, while indirect discrimination occurs when 'an apparently neutral condition, requirement or practice has the effect of disadvantaging a particular group': EM, p. 7.

[24]      Item 17 of Schedule 1, proposed subsection 7AA(1).

[25]      Item 17 of Schedule 1, proposed subsection 7AA(1).

[26]      EM, p. 6.

[27]      EM, p. 6.

[28]      See items 45 to 50 of Schedule 1, which would make consequential changes to subsections 21(1) and (2), subsection 22(1), subsections 23(1) and (2), subsection 24(1), subsections 25(1) and (2), and subsection 26(1) in Division 2 of Part II of the Sex Discrimination Act.

[29]      EM, pp 14-15.

[30]      Paragraph 3(ba) of the Sex Discrimination Act.

[31]      Senate Report, paras 11.30-11.31; Recommendation 13, pp 150-151.

[32]      Item 18 of Schedule 1.

[33]      EM, p. 7.

[34]      EM, p. 11.

[35]      Item 18 of Schedule 1, proposed subsection 7A(1) and 7A(2), respectively.

[36]      Item 18 of Schedule 1, proposed subsection 7A(1).

[37]      Item 18 of Schedule 1, proposed subsection 7A(1).

[38]      EM, p. 7.

[39]      EM, p. 7.

[40]      In relation to 'family responsibilities', item 18 of Schedule 1, proposed new subsection 7A(3), would make indirect discrimination under this ground subject to the reasonableness test. In relation to breastfeeding, item 17 of Schedule 1, proposed new subsection 7AA(5), would make indirect discrimination under this ground subject to the reasonableness test. Item 19 of Schedule 1 amends section 7B to include both family responsibilities and breastfeeding under this section.

[41]      Subsection 7B(1) of the Sex Discrimination Act.

[42]      EM, p. 8; Items 20 and 21 of Schedule 1.

[43]      EM, p. 8.

[44]      Item 22 of Schedule 1.

[45]      Subsections 10(2) and 11(2) of the Sex Discrimination Act.

[46]      Items 31 and 32 of Schedule 1; EM, p. 10.

[47]      Items 37, 38 and 39 to 44 of Schedule 1 make minor and consequential changes to subsections 14(1) and (2), subsections 15(1) and (2), section 16, subsections 17(1), (2) and (3), section 18, subsections 19(1) and (2) and section 20 in Division 1 of Part II of the Sex Discrimination Act.

[48]      EM, p. 12.

[49]      Items 51 and 52 of Schedule 1; EM, p. 12.

[50]      Section 39 of the Sex Discrimination Act.

[51]      Item 61 of Schedule 1.

[52]      Items 63 to 65 of Schedule 1 would amend paragraph 41A(1)(a), subparagraph 41A(1)(b)(ii) and subsection 41A(2) to extend exemptions to include the ground of family responsibilities, in specified circumstances, in relation to new superannuation fund conditions, as set out in section 41A.

[53]      Similarly, items 66 and 67 of Schedule 1 would amend paragraph 41B(3)(a) and subparagraph 41B(4)(i), to extend exemptions on the ground of family responsibilities to existing superannuation fund conditions, as set out in section 41B.

[54]      Item 68 of Schedule 1 would amend paragraphs 48(1)(g), (ga) and (gb) to include these new grounds; EM, p. 15.

[55]      EM, p. 15.

[56]      Senate Report, paras 11.36-11.42; Recommendations 15-18, pp 152-154.

[57]      Section 28A of the Sex Discrimination Act.

[58]      Senate Report, para 11.36; Recommendation 15, p. 152.

[59]      Item 53 of Schedule ; Senate Report, para 11.36; Recommendation 15, p. 152.

[60]      EM, p. 12.

[61]      EM, p. 12.

[62]      Senate Report, para 11.37; Recommendation 16, pp 152-154.

[63]      Item 54 of Schedule 1; EM, p. 13.

[64]      Item 54 of Schedule 1, proposed subsection 28A(1A).

[65]      EM, p. 13.

[66]      EM, p. 13.

[67]      EM, p. 13. Item 8 of Schedule 1 would provide a definition of 'disability', defined by reference to the Disability Discrimination Act, to support this reference to 'disability'.

[68]      Section 28F of the Sex Discrimination Act.

[69]      Senate Report, para 11.38; Recommendation 17, pp 152-154.

[70]      Item 56 of Schedule 1; EM, p. 14.

[71]      EM, pp 13-14.

[72]      EM, p. 14.

[73]      EM, p. 14.

[74]      EM, p. 13, emphasis in original.

[75]      Item 55 of Schedule 1.

[76]      EM, p. 13.

[77]      EM, p. 13.

[78]      Senate Report, para 11.40; pp 152-153.

[79]      EM, p. 14.

[80]      Item 59 of Schedule 1.

[81]      Items 55, 58 and 59 of Schedule 1.

[82]      Subsection 4(1) of the Sex Discrimination Act.

[83]      Item 9 of Schedule 1.

[84]      Item 62 of Schedule 1.

[85]      Item 3 of Schedule 2.

[86]      Item 3 of Schedule 2. These provisions are partly based on existing provisions governing the office of other Commissioners in the Human Rights Commission. However, the provisions do not include historical functions which are found in legislation establishing other Commissioners' offices. The EM states that the provisions relating to the other Commissioners' offices will be removed when the government consolidates Commonwealth anti-discrimination legislation: p. 17.

[87]      The EM states that the Minister is the 'current Minister responsible for the Age Discrimination Act', who is currently the Attorney-General: p. 17.

[88]      While provisions relating to other Commissioners do not specify that appointment must be on a full‑time basis, the EM, at p. 18, states that 'each Commissioner is currently appointed on a full‑time basis'.

[89]      In practice, the other Commissioners are normally appointed initially for a period of five years, which is consistent with the Australian Public Service Commission's policy for Australian Public Service statutory office holders: EM, p. 18.

Chapter 3 - Key issues

[1]        Submissions in support of the proposed amendments in Schedule 1 are: Women's Health Victoria, Submission 1; Uniting Church in Australia, Submission 13; National Association of Community Legal Centres and the Kingsford Legal Centre, Submission 17; Thomsons Lawyers; Submission 18; YWCA Australia, Submission 28; Department of Premier and Cabinet, Government of Western Australia, Submission 29. Submissions in support of the proposed amendments in Schedule 2 are: Australian Association of Gerontology, Submission 3; COTA Australia, Submission 10; National Seniors Australia, Submission 21.

[2]        Submissions in support of both schedules are: Australian Family Association, Submission 2; Office of the Anti-Discrimination Commissioner (Tas), Submission 5; Human Rights Law Resource Centre, Submission 6; Independent Education Union of Australia, Submission 7; Women's Legal Services NSW, Submission 9; ACT Human Rights Commission, Submission 11;  Public Interest Advocacy Centre (PIAC), Submission 12; Australian Women's Coalition, Submission 15; Office of the Commissioner for Equal Opportunity (SA), Submission 19; Equal Opportunity Commission (WA), Submission 20; Law Council of Australia, Submission 22;  Australian Lawyers for Human Rights, Submission 23; Equality Rights Alliance–Women's Voices for Gender Equality, Submission 25; Australian Human Rights Commission, Submission 26; ACTU, Submission 27.

[3]        See, for example, Office of the Anti-Discrimination Commissioner (Tas), Submission 5; Human Rights Law Resource Centre, Submission 6; National Association of Community Legal Centres and the Kingsford Legal Centre, Submission 17; Thomsons Lawyers, Submission 18, p. 1; Equal Opportunity Commission (WA), Submission 20; Law Council of Australia, Submission 22; Australian Lawyers for Human Rights, Submission 23; ACTU, Submission 27.

[4]        Submission 17.

[5]        Submission 17, p. [3].

[6]        [2008] ATS 12, http://www.austlii.edu.au/au/other/dfat/treaties/2008/12.html, accessed 17 January 2011.

[7]        [1975] ATS 40, http://www.austlii.edu.au/au/other/dfat/treaties/1975/40.html, accessed 17 January 2011.

[8]        Submission 17, p. [3].

[9]        Item 17 of Schedule 1.

[10]      Subsection 5(1A) of the Sex Discrimination Act.

[11]      Answers to questions on notice, provided 18 February 2011, p. 2.

[12]      See, for example, Office of the Anti-Discrimination Commissioner (Tas), Submission 5; Human Rights Law Resource Centre, Submission 6; Independent Education Union of Australia, Submission 7, p. 5; ACT Human Rights Commission, Submission 11; PIAC, Submission 12; Office of the Commissioner for Equal Opportunity (SA), Submission 19; Equal Opportunity Commission (WA), Submission 20; Law Council, Submission 22;  Australian Lawyers for Human Rights, Submission 23; Equality Rights Alliance–Women's Voices for Gender Equality, Submission 25; Australian Human Rights Commission, Submission 26; ACTU, Submission 27.

[13]      Department of Premier and Cabinet, Government of Western Australia, Submission 29; Lone Fathers' Association, Submission 24, p. 12.

[14]      Submission 14, p. 1.

[15]      Submission 13, p. [1].

[16]      Submission 13, p. [3].

[17]      Submission 13, p. [1].

[18]      Uniting Church in Australia, Submission 13, p. [2], citing RMIT University, 'Quarter of Australians deem public breastfeeding 'unacceptable'', 7 September 2009, http://www.rmit.edu.au/browse;ID=wtuvixvi19o3z, accessed 5 January 2011.

[19]      Submission 13, p. [2].

[20]      Submission 5, p. 2.

[21]      Submission 29, p [1].

[22]      Submission 29, p [1].

[23]      Submission 29, p [1].

[24]      Submission 29, p [1].

[25]      Answers to questions on notice, provided 18 February 2011, p. 2.

[26]      Answers to questions on notice, provided 18 February 2011, p. 2.

[27]      Section 7 of the Disability Discrimination Act provides that the Act applies in relation to a person who has an associate with a disability in the same way as it applies to a person with a disability.

[28]      Submission 18, pp 1-2.

[29]      Submission 18, pp 1-2.

[30]      Answers to questions on notice, provided 18 February 2011, p. 2.

[31]      Paragraph 3(ba) of the Sex Discrimination Act.

[32]      Item 18 of Schedule 1.

[33]      See, for example, Office of the Anti-Discrimination Commissioner (Tas), Submission 5; Human Rights Law Resource Centre, Submission 6; Independent Education Union of Australia, Submission 7, p. 5; Women's Legal Services NSW, Submission 9; ACT Human Rights Commission, Submission 11; PIAC, Submission 12.

[34]      Submission 12, p. 4.

[35]      See, for example, Women's Legal Services NSW, Submission 9, p. 2; National Association of Community Legal Centres and the Kingsford Legal Centre, Submission 17, p. [3]; Australian Lawyers for Human Rights, Submission 23, pp 1-2; Equality Rights Alliance–Women's Voices for Gender Equality, Submission 25; Human Rights Commission, Submission 26, p. 12; ACTU, Submission 27, p. 4; YWCA Australia, Submission 28, p. [1].

[36]      See, for example, PIAC, Submission 12, p. 5; Equality Rights Alliance–Women's Voices for Gender Equality, Submission 25, p. [2].

[37]      Items 11, 12, 13 and 14 of Schedule 1, which would amend section 4A of the Sex Discrimination Act.

[38]      Section 4B of the Sex Discrimination Act.

[39]      Submission 28, p. [1].

[40]      Submission 27, p. 4.

[41]      Women's Legal Services NSW, Submission 9, p. 2; National Association of Community Legal Centres and the Kingsford Legal Centre, Submission 17, p. [3]; Australian Lawyers for Human Rights, Submission 23, pp 1-2; Equality Rights Alliance–Women's Voices for Gender Equality, Submission 25; Human Rights Commission, Submission 26, p. 12.

[42]      Items 37 and 38-44 of Schedule 1.

[43]      Submission 5, p. 2.

[44]      Submission 5, p. 2.

[45]      Submission 5, p. 3.

[46]      Submission 16, p. 5.

[47]      Submission 16, p. 5.

[48]      PIAC, Submission 12, p. 5; Equality Rights Alliance–Women's Voices for Gender Equality, Submission 25, p. [2].

[49]      See, for example, Australian Family Association, Submission 2; Office of the Anti‑Discrimination Commissioner (Tas), Submission 5; Human Rights Law Resource Centre, Submission 6; Independent Education Union of Australia, Submission 7, p. 5; ACT Human Rights Commission, Submission 11; PIAC, Submission 12; Office of the Commissioner for Equal Opportunity (SA), Submission 19; Equal Opportunity Commission (WA), Submission 20; Law Council, Submission 22;  Australian Lawyers for Human Rights, Submission 23; Equality Rights Alliance–Women's Voices for Gender Equality, Submission 25; Australian Human Rights Commission, Submission 26; ACTU, Submission 27.

[50]      Office of the Anti-Discrimination Commissioner (Tas), Submission 5; FamilyVoice Australia, Submission 14, p. 2; Anti‑Discrimination Commission Queensland, Submission 16; National Association of Community Legal Centres and the Kingsford Legal Centre, Submission 17; Thomsons Lawyers, Submission 18.

[51]      Item 53 of Schedule 1.

[52]      Submission 18, p. 3.

[53]      Submission 18, p. 3.

[54]      Paragraph 28A(1)(b) of the Sex Discrimination Act.

[55]      Subsection 28A(2) of the Sex Discrimination Act.

[56]      Submission 16, p. 6, citing Carter v Linuki Pty Ltd [2005] NSWADTAP 40 and Linnell v Seachem Australia Pty Ltd [2010] NSWADT 111.

[57]      Submission 16, p. 6.

[58]      Answers to questions on notice, provided 18 February 2011, p. 3.

[59]      Submission 17, p. [3]; see item 54 of Schedule 1, proposed new subsection 28A(1A).

[60]      Submission 17, p. [4].

[61]      Answers to questions on notice, provided 18 February 2011, p. 3.

[62]      Submission 5, p. 3.

[63]      Submission 5, p. 3.

[64]      Submission 5, p. 3.

[65]      Answers to questions on notice, provided 18 February 2011, p. 4.

[66]      Answers to questions on notice, provided 18 February 2011, p. 4.

[67]      Item 29 of Schedule 1; EM, p. 10.

[68]      Submission 2.

[69]      Submission 7, p. 3.

[70]      Submission 7, p. 3.

[71]      Item 56 of Schedule 1.

[72]      Submission 16, p. 7.

[73]      Items 9 and 62 of Schedule 1.

[74]      Submission 26, p. 5.

[75]      Submission 26, p. 5; see further, Human Rights Commission, Sex Files: the legal recognition of sex in documents and government records – concluding paper of the sex and gender diversity project, March 2009, http://www.humanrights.gov.au/genderdiversity/SFR_2009_Web.pdf, accessed 12 January 2011.

[76]      Submission 26, p. 5.

[77]      Submission 26, p. 5.

[78]      Supplementary Submission 4, p. 1.

[79]      Submission 30 (name withheld), p. 1.

[80]      Submission 17, p. [3].

[81]      Answers to questions on notice, provided 18 February 2011, p. 5.

[82]      Answers to questions on notice, provided 18 February 2011, p. 5.

[83]      Answers to questions on notice, provided 18 February 2011, p. 5.

[84]      Australian Association of Gerontology, Submission 3; Office of the Anti-Discrimination Commissioner (Tas), Submission 5; COTA Australia, Submission 10; ACT Human Rights Commission, Submission 11; Office of the Commissioner for Equal Opportunity (SA), Submission 19; National Seniors Australia, Submission 21; Law Council, Submission 22; Human Rights Commission, Submission 26.

[85]      Submission 21, p. [1].

[86]      Submission 14, pp 2-3.

[87]      Submission 14, pp 2-3.

[88]      National Seniors Australia, Submission 21, p. [2]; COTA Australia, Submission 10, p. 4.

[89]      Australian Association of Gerontology, Submission 3.

[90]      National Seniors Australia, Submission 21, p. [2]. See, also, COTA Australia, Submission 10, p. 4.

[91]      Submission 21, p. [1]. These figures, while not explained in the EM, appear to come from the Department of Finance and Deregulation's costings of election commitments, http://electioncostings.gov.au/files/2010/08/GOV31-Age_discrimination_commissioner-Completed.pdf, 13 August 2010, accessed 11 January 2011.

[92]      Submission 10, p. 4.

[93]      EM, p. 17.

[94]      Submission 3.

[95]      Office of the Anti-Discrimination Commissioner (Tas), Submission 5; Law Council, Submission 22, pp 25-26; Human Rights Commission, Submission 26, p. 7.

[96]      Submission 5, p. 4.

[97]      Submission 5, pp 4-5.

[98]      Submission 5, pp 4-5.

[99]      Submission 26, p. 7.

[100]    Submission 26, p. 7.

[101]    Submission 22, pp 25-26.

[102]    Submission 22, p. 25, referencing the Human Rights Commission, In Conversation: Uncovering Age Discrimination (2010), www.humanrights.gov.au/age/COTA_2010.html.

[103]    See, for example, Women's Health Victoria, Submission 1; Human Rights Law Resource Centre, Submission 6, p. 2; Women's Legal Services NSW, Submission 9, p. 2; Equal Opportunity Commission (WA), Submission 20; Law Council, Submission 22, p. 4.

[104]    EM, p. 1.

[105]    EM, p. 1.

[106]    Office of the Anti-Discrimination Commissioner (Tas), Submission 5; Women's Legal Services NSW, Submission 9, p. 1; Law Council, Submission 22, p. 4; Australian Lawyers for Human Rights, Submission 23, p. 2; Equality Rights Alliance–Women's Voices for Gender Equality, Submission 25, p. [1]; Human Rights Commission, Submission 26, p. 4.

[107]    Human Rights Law Resource Centre, Submission 6, p. 2. See also Office of the Anti‑Discrimination Commissioner (Tas), Submission 5, pp 4-5; Women's Legal Services NSW, Submission 9, p. 2; PIAC, Submission 12, pp 2-3; Equality Rights Alliance–Women's Voices for Gender Equality, Submission 25, p. [3]; ACTU, Submission 27, p. 3.

[108]    Law Council, Submission 22, p. 5.

[109]    See, for example, IEUA, Submission 7, pp 3-4; Women's Legal Services NSW, Submission 9, p. 2; PIAC, Submission 12, pp 3-6; Law Council, Submission 22, p. 4; ACTU, Submission 27, pp 7-13.

[110]    Women's Legal Services NSW, Submission 9, p. 2; Public Interest Advocacy Centre (PIAC), Submission 12, p. 3; Law Council, Submission 22, p. 4; ACTU, Submission 27, p. 7.

[111]    Women's Legal Services NSW, Submission 9, p. 2; Anti-Discrimination Commission Queensland, Submission 16, p. 6; National Association of Community Legal Centres and the Kingsford Legal Centre, Submission 17, p. [4]; Law Council, Submission 22, p. 4.

[112]    PIAC, Submission 12, p. 5; Anti-Discrimination Commission Queensland, Submission 16, p. 6; Thomsons Lawyers, Submission 18, p. 2; Law Council, Submission 22, p. 4; ACTU, Submission 27, pp 9-10.

[113]    Office of the Anti-Discrimination Commissioner (Tas), Submission 5, p. 4; IEUA, Submission 7, p. 4; Women's Legal Services NSW, Submission 9, p. 2; PIAC, Submission 12, p. 2; Anti-Discrimination Commission Queensland, Submission 16, p. 8; ACTU, Submission 27, p. 6.

[114]    Women's Health Victoria, Submission 1, p. 2, who suggested the time period should be every two years; Women's Legal Services NSW, Submission 9, p. 2; National Association of Community Legal Centres and the Kingsford Legal Centre, Submission 17, p. [5]; Equal Opportunity Commission (WA), Submission 20; ACTU, Submission 27, p. 14.

[115]    Women's Health Victoria, Submission 1, p. 2; Women's Legal Services NSW, Submission 9, p. 2; Human Rights Law Resource Centre, Submission 6, p. 1; National Association of Community Legal Centres and the Kingsford Legal Centre, Submission 17, p. [5]; Equal Opportunity Commission (WA), Submission 20, pp 1-2; Law Council, Submission 22, p. 4; ACTU, Submission 27, pp 2 and 10.

[116]    See, for example, National Association of Community Legal Centres and the Kingsford Legal Centre, Submission 17; Law Council, Submission 22; Human Rights Commission, Submission 26.

[117]    Women's Legal Services NSW, Submission 9, p. 2; National Association of Community Legal Centres and the Kingsford Legal Centre, Submission 17, pp [5]-[6]; Equality Rights Alliance–Women's Voices for Gender Equality, Submission 25, pp [2-3].

[118]    Women's Legal Services NSW, Submission 9, p. 2; National Association of Community Legal Centres and the Kingsford Legal Centre, Submission 17, p. [4]; Law Council, Submission 22, pp 17­‑20. In the alternative, the Law Council recommended that the definition of 'direct discrimination' be amended to reflect the definition found in section 8 of the Discrimination Act 1991 (ACT) and section 8 of the Equal Opportunity Act 2010 (Vic).

[119]    Women's Legal Services NSW, Submission 9, p. 1; PIAC, Submission 12, p. 2; National Association of Community Legal Centres and the Kingsford Legal Centre, Submission 17, pp [3] and [6]; Australian Lawyers for Human Rights, Submission 23, p. 2. See Recommendation 43 of the Senate Report.

[120]    Women's Legal Services NSW, Submission 9, p. 2; PIAC, Submission 12, p. 2; National Association of Community Legal Centres and the Kingsford Legal Centre, Submission 17, p. [6]; Equality Rights Alliance–Women's Voices for Gender Equality, Submission 25, pp [2-3].

[121]    Women's Health Victoria, Submission 1, p. 2; Equality Rights Alliance–Women's Voices for Gender Equality, Submission 25, pp [2-3].

[122]    Women's Health Victoria, Submission 1, p. 2; National Association of Community Legal Centres and the Kingsford Legal Centre, Submission 17, p. [5]; ACTU, Submission 27, p. 2.

[123]    Lone Fathers' Association, Submission 24, p. 12.

[124]    Submission 11, p. 2.

[125]    EM, p. 1; the Hon. Robert McClelland MP, Attorney-General, House of Representatives Hansard, 30 September 2010, p. 275.

[126]    Section 3 of the Age Discrimination Act, see particularly paragraphs 3(c) and (e).

[127]    Answers to questions on notice, provided 18 February 2011, pp 5-6.

[128]    EM, p. 15.

[129]    Thomsons Lawyers, Submission 18, p. 2.

[130]    Thomsons Lawyers, Submission 18, p. 2. Emphasis included in the original.

[131]    Answers to questions on notice, provided 18 February 2011, p. 6.

[132]    Australian Labor Party, National Platform and Constitution 2009, Chapter 7: Securing an inclusive future for all Australians, p. 16, http://www.alp.org.au/australian-labor/our-platform/, 17 February 2011.

[133]    Senate Standing Committee for the Scrutiny of Bills, Ninth Report of 2010, 17 November 2010, pp 359-360.

[134]    Senate Standing Committee for the Scrutiny of Bills, Ninth Report of 2010, 17 November 2010, p. 360.

[135]    Answers to questions on notice, provided 18 February 2011, p. 1.

[136]    Recommendation 43 of the Senate Report.

[137]    Answers to questions on notice, provided 18 February 2011, p. 5.

Dissenting report by Liberal Senators

[1]        Senate Legal and Constitutional Affairs Committee, Effectiveness of the Sex Discrimination Act 1984 in eliminating discrimination and promoting gender equality, 2008, Submission 25.

[2]        EM, p. 2.

APPENDIX 1 - Recommendations of the Senate Standing Committee on Legal and Constitutional Affairs Report, Effectiveness of the Sex Discrimination Act 1984 in eliminating discrimination and promoting gender equality, December 2008

[1]        References to 'the Act' mean the Sex Discrimination Act 1984.

[2]        Convention on the Elimination of All Forms of Discrimination Against Women.

[3]        International Covenant on Civil and Political Rights.

[4]        International Covenant on Economic, Social and Cultural Rights.

[5]        International Labour Organisation Convention (No. 100) concerning Equal Remuneration for Men and Women Workers for Work of Equal Value; ILO Convention (No. 111) concerning Discrimination in respect of Employment and Occupation; ILO Convention (No. 156) concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities; and ILO Convention (No. 158) concerning Termination of Employment at the Initiative of the Employer.

[6]        From 4 September 2008, the Human Rights and Equal Opportunity Commission (HREOC) became known as the Australian Human Rights Commission. Its name formally changed on 5 August 2009. The name of the Act was also changed from the Human Rights and Equal Opportunity Commission Act 1986 (Cth) to the Australian Human Rights Commission Act 1986 (Cth). Human Rights Commission, 'Frequently Asked Questions about the Australian Human Rights Commission's new name and logo', http://www.humanrights.gov.au/about/faqs/FAQ_name_2008.html, accessed 17 January 2011.

[7]        Equal Opportunity for Women in the Workplace Act 1999 (Cth).

[8]        Equal Opportunity for Women in the Workplace Agency.