Thursday, 4 September 2008
Better protection is needed against gender based discrimination in the 21st Century
The current review of the Sex Discrimination Act (SDA) is a once in a lifetime opportunity to secure a first-class national gender equality law to build a fairer and more equal Australia, federal Sex Discrimination Commissioner Elizabeth Broderick said today.
Commenting on the Australian Human Rights Commission’s comprehensive submission to the Senate Inquiry into the SDA, Commissioner Broderick said progress in achieving substantive gender equality in Australia had stalled.
“The current Senate Inquiry is a significant law reform opportunity to bring the SDA into line with the changes in Australian society which have occurred since the Act was introduced in 1984,” Commissioner Broderick said.
Ms Broderick said the submission called for a two-stage reform process over a three-year period.
“We can improve some of the deficiencies in the Act with reasonable haste and minimal inconvenience but a second stage inquiry is essential to completely assess how best to create equality laws that prohibit discrimination and promote gender equality,” she said.
Among more than 50 recommendations for immediate implementation is a move to better protect both women and men from discrimination based on family and carer responsibilities, a positive duty on employers to reasonably accommodate the needs of workers who are pregnant or have family or carer responsibilities, and a beefing up of protection against sexual harassment.
The submission also recommends expanded coverage of the SDA to include state instrumentalities, volunteers and students, as well as the immediate introduction of a three-year sunset clause on all permanent exemptions.
Ms Broderick said the submission suggested fine tuning and improving certain definitions in the SDA and also recommended that a self-initiating investigation function be given to the Sex Discrimination Commissioner.
“Given the ongoing harmonisation of discrimination and equality laws, the Australian Human Rights Commission also supports an inquiry into the merits of a federal Equality Act, with any reform to be completed over three years,” she said.
Commissioner Broderick said the SDA as it currently stands was limited in its ability to proactively address the fundamental obstacles to true and sustainable gender equality in Australia.
“This review is the window of opportunity we need to move forward as a nation and to more fully implement our international legal obligations.
“It’s now time to deliver to the Australian public on our commitment to promoting gender equality,” she said.
The submission can be found at http://www.humanrights.gov.au/legal/submissions/2008/20080901_SDA.html
The Senate Inquiry into the effectiveness of the Commonwealth Sex Discrimination Act 1984 in eliminating discrimination and promoting gender equality is due to report to the Australian Parliament by 12 November 2008.
Media contact: Louise McDermott (02) 9284 9851 or 0419 258 597
