The ''Sex Discrimination Act 1984'' is an Act of the

Parliament of Australia The Parliament of Australia (officially the Parliament of the Commonwealth and also known as the Federal Parliament) is the federal legislature of Australia. It consists of three elements: the Monarchy of Australia, monarch of Australia (repr ...

which prohibits discrimination on the basis of mainly

sexism Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but primarily affects women and girls. It has been linked to gender roles and stereotypes, and may include the belief that one sex or gender is int ...

homophobia Homophobia encompasses a range of negative attitudes and feelings toward homosexuality or people who identify or are perceived as being lesbian, Gay men, gay or bisexual. It has been defined as contempt, prejudice, aversion, hatred, or ant ...

transphobia Transphobia consists of negative attitudes, feelings, or actions towards transgender or transsexual people, or transness in general. Transphobia can include fear, aversion, hatred, violence or anger towards people who do not conform to socia ...

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 The Australian Human Rights Commission is the national human rights institution of the Commonwealth of Australia, established in 1986 as the Human Rights and Equal Opportunity Commission (HREOC) and renamed in 2008. It is a statutory body fu ...

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 Donald Allan Dunstan (21 September 1926 – 6 February 1999) was an Australian politician who served as the 35th premier of South Australia from 1967 to 1968, and again from 1970 to 1979. He was a member of the House of Assembly (MHA) for th ...

in 1975. The Act implements Australia's obligations under the

Convention on the Elimination of All Forms of Discrimination Against Women The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted ...

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 The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is one of the firs ...

Convention 156 which concerns workers with family responsibilities.

Provisions

The full scope of the Act is covered principally by Section 3B, which seeks "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. Section 7AA of the Act prohibits discrimination against a woman on account of her breastfeeding. Section 38 of the Act permits educational institutions established for religious purposes to discriminate, including against teachers and students, due to their sexuality or gender.

Outcomes

As a result of the Act, the Women's Royal Australian Naval Service was integrated in 1985 into the

Royal Australian Navy The Royal Australian Navy (RAN) is the navy, naval branch of the Australian Defence Force (ADF). The professional head of the RAN is Chief of Navy (Australia), Chief of Navy (CN) Vice admiral (Australia), Vice Admiral Mark Hammond (admiral), Ma ...

. 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 Marriageable age is the minimum legal age of marriage. Age and other prerequisites to marriage vary between jurisdictions, but in the vast majority of jurisdictions, the marriageable age as a right is set at the age of majority. Nevertheless, ...

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''. The foundational case on this issue is ''Hickie v Hunt & Hunt'' (1998) in which the plaintiff complained of less favourable treatment in the workplace following her maternity leave. Section 43 of the Act provided the

Australian Defence Force The Australian Defence Force (ADF) is the Armed forces, military organisation responsible for the defence of Australia and its national interests. It consists of three branches: the Royal Australian Navy (RAN), Australian Army and the Royal Aus ...

(ADF) with an exemption to allow discrimination against

women A woman is an adult female human. Before adulthood, a female child or adolescent is referred to as a girl. Typically, women are of the female sex and inherit a pair of X chromosomes, one from each parent, and women with functional u ...

"in connection with employment, engagement or appointment" involving combat duties that required a person "to commit, or to participate directly in the commission of, an act of violence against an adversary in time of war". On 1 January 2014, the ADF lifted restrictions on women serving in all combat roles, including the special forces, and on 1 January 2016 direct entry to all combat roles became open to women. On 26 October 2018, the ''Civil Law and Justice Legislation Amendment Act 2018'' repealed section 43 of the Act. In 2018, Prime Minister

Scott Morrison Scott John Morrison (born 13 May 1968) is an Australian former politician who served as the 30th prime minister of Australia from 2018 to 2022. He held office as leader of the Liberal Party of Australia, leader of the Liberal Party and was ...

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. In 2019, a Senate Inquiry into Sex Discrimination Amendment Bill was held. In 2021, religious educational institutions continued to be lawfully permitted to fire or expel LGBTQ+ teachers, students, and staff due to their sexuality or gender.

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