19 March 2004
Commission grants temporary exemption to CEO after new application offers equal number of male and female scholarships
The Human Rights and Equal Opportunity Commission today granted the Catholic Education Office (CEO) a temporary exemption from the operation of certain provisions of the Sex Discrimination Act 1984 (Cth) to offer 24 new scholarships for male and female student teachers in each of the next five academic years. This follows the consideration of a new application from CEO.
The Commission granted the exemption after examining the new application which proposes to award 24 scholarships each year to university students studying to be primary school teachers: - 12 reserved for men and 12 for women.
The CEO had made an earlier application for a temporary exemption to allow male only scholarships which the Commission rejected. That decision was being reviewed by the Administrative Appeals Tribunal. The CEO has now discontinued its application for review.
President of the Human Rights and Equal Opportunity Commission, John von Doussa QC, said that the Commission is satisfied on balance that it is reasonable to grant this temporary exemption in light of its significantly revised form and different terms provided by the Catholic Education Office.
"Significantly, the CEO responded to the Commission's reference in its first decision to the recommendations of the House of Representatives Standing Committee 2002 Report. The report recommended that teaching scholarships be offered to men and women in equal numbers, in order to encourage more men into primary school teaching," said Mr von Doussa.
Federal Sex Discrimination Commissioner Pru Goward said that there are any number of programs that can be introduced in conjunction with this scholarship scheme to encourage more men into primary teaching - programs that are not discriminatory under the Sex Discrimination Act.
"I am pleased that the Catholic Education Office recognises that this scholarship scheme alone will not attract more men into teaching. We need to focus on offering better conditions to teachers across the board, as well as promoting teaching as an attractive profession for men. We need to properly value this important profession," said Ms Goward.
Ms Goward said that the Commission considers temporary exemptions on a case-by-case basis, but generally does not grant temporary exemptions unless they are appropriate in light of the objects and scheme of the Sex Discrimination Act. In considering this question, the Commission will have regard to the reasonableness of the exemption sought and principle of the equality of men and women.
"The Commission's work is always evidence based. Our only starting point is a very clear focus on the equality of men and women. As this decision shows, we are flexible as to how that can be achieved," Ms Goward said.
"This year is the 20th anniversary of the Sex Discrimination Act - we should be celebrating the crucial role it has played in promoting greater acceptance for the need for equality between men and women."
"Some of the public discussion around this issue suggests to me that the focus on equality is of continuing importance. While this issue is in the spotlight, let's discuss why 30 years after the first equal pay case was fought, the gap between male and female weekly earnings is still so substantial. Let's ask why women's work is still worth less than men's work."
"Let's also discuss why only eight per cent of women are directors in Australian top 200 companies and are under-represented in the judiciary, in politics, in engineering or as surgeons."
A copy of the Commission's decision to grant the exemption sought by the CEO can be found on the Commission's website at http://www.humanrights.gov.au/legal/sda_exemption.html#catholic.
DIARY NOTE: Sex Discrimination Commissioner Pru Goward and Catholic Education Office, Executive Director of Catholic Schools in the Sydney Archdiocese, Brother Kelvin Canavan, will hold a joint press conference at 3pm today to discuss the decision in the Hearing Room of the Human Rights and Equal Opportunity Commission (level 8 Piccadilly Tower, 133 Castlereagh St, Sydney).
Media contact: Paul Oliver (02) 9284 9880 or 0408 469 347
Last updated 19 March 2004.
