Annual Report 1999 - 2000
Sex
Discrimination
Sex Discrimination Commissioner
Susan Halliday took up her position as federal Sex Discrimination Commissioner on 20 April 1988 for a three year term.
The Sex Discrimination Commissioner administers the federal Sex Discrimination Act 1984. The Act gives effect to Australia's obligations under the Convention on the Elimination of All Forms of Discrimination Against Women and parts of International Labour Organisation Convention 156 regarding family responsibilities. Its major objectives are to:
- promote equality between men and women;
- eliminate discrimination on the basis of sex, marital status or pregnancy and, with respect to dismissals, family responsibilities; and
- eliminate sexual harassment at work, in educational institutions, in the provision of goods and service, in the provision of accommodation and the administration of federal programs.
The Commissioner undertakes research, policy and educative work designed to promote greater equality between men and women. Recent projects have included researching the effect or consequences of, not the fact of pregnancy and potential pregnancy in the workplace through a National Inquiry, raising awareness of the Sex Discrimination Act amongst young women, and eliminating sexual harassment from the workplace.
The Commissioner is also called upon to provide advice to Government on a range of industrial and social issues. She may be granted leave to intervene in industrial proceedings, as was the case with the AMWU Casuals and Part-time Case heard before the Australian Industrial Relations Commission during April 2000.
Some of the aspects of the role of the Commissioners has changed with the commencement of the Human Rights Legislation Amendment Act 1999 (Cth) on 13 April 2000, and the transfer of complaint handling powers away from Commissioners to the President. The new legislation provides the Commissioners with an amicus curiae function in relation to proceedings in the Federal Court or the Federal Magistrates Court.
The Commissioner has a broad educational role to highlight the rights of individuals, as well as the responsibility of all members of the community to respect the rights of others and to work cooperatively in developing a fair and cohesive society.
Education
and promotion
Commissioner Halliday has continued her strong educational focus, working regularly with school students as well as organisations in the private, non-government and community sectors. The Commissioner conducts extensive community education campaigns utilising a range of media including print, electronic and on line. In addition, the Commissioner has spoken to and led discussion with over ten thousand people this year at 77 formal speaking engagements.
Young
Women's Guide
International Women's Day 2000 was marked by the launch of Getting to know the Sex Discrimination Act: A guide for young women. The guide, available free of charge, is a practical source of information for young women in the transition years between school and work. It is particularly aimed at secondary school and higher education students who may be involved in workplace learning programs or part-time or casual work. Feedback has been extremely positive, and initially overwhelming with over 1000 phone calls received from the public in the two days following the launch.
15th Anniversary Sex Discrimination Act
August 1999 marked the fifteenth anniversary of the Sex Discrimination Act (Cth) 1984. This occasion presented an excellent educational opportunity. With an overall strategy to promote awareness of the legislation, the educational campaign involved the production of educative postcards (12,000 of which were distributed nationally free of charge in cafes, cinemas and other public places), and two high profile celebratory events. Commissioner Halliday invited previous Sex Discrimination Commissioners Pamela O'Neil, Quentin Bryce AO and Sue Walpole to take the stage with her and share their perspective. The first event was held at Parliament House Sydney 11 October 1999 with an opening address by the Honorable Dr Meredith Burgmann. The second event was opened by the Attorney-General Daryl Williams AM QC MP and held in Melbourne at the Hotel Sofitel, 10 November 1999. Both events were sold out and each generated good media coverage. The objective of raising the profile of the Sex Discrimination Act was enhanced by comedians Absolutely Not! whose outstanding and memorable performances, treated controversial subject material with humour, were well received.
Youth Challenge Video
This collaborative project between the Race Discrimination and Sex Discrimination Unit resulted in an educational video for secondary school students. The video was about young people in the workplace and how to identify and deal with potentially discriminatory situations. It has been used successfully in schools in NSW, SA and Victoria.
Sex Discrimination Seminars
Two information sessions were run in Melbourne and attracted audiences from the private sector, community organisations, higher education and state and federal government. The sessions were run by Commissioner Halliday and Ms Sabina Lauber and focussed on recent legal decisions in the areas of sex discrimination in the workplace.
Youth Expo 2000
The Human Rights and Equal Opportunity Commission was represented at the Youth Expo 2000 at the Royal Exhibition Buildings in Melbourne 4-7 April. The Expo coincided with National Youth Week and hundreds of secondary school students visited the HREOC stand, taking away with them kits of cross-Unit educative materials.
Research and Policy
National
Inquiry into Pregnancy and Work
On 26 August 1998 the federal Attorney-General Daryl Williams AM QC MP requested the Human Rights and Equal Opportunity Commission undertake a National Inquiry into issues relating to pregnancy and workplace discrimination. Conducted by Commissioner Halliday and the Sex Discrimination Unit, the Inquiry involved extensive research and consultations with employers, employees, unions, health professionals, employer associations, government agencies, community groups and school students in metropolitan, regional and rural areas. The report entitled Pregnant and Productive: It's a right not a privilege to work while pregnant details the findings of the Inquiry and 46 recommendations.
Launched 25 August 1999, at Parliament House Canberra, Pregnant and Productive: It's a right not a privilege to work while pregnant evidences the existence of widespread and systemic discrimination on the grounds of pregnancy and potential pregnancy in Australian workplaces.
Key findings:
- many instances of pregnancy discrimination go unreported
- pregnancy discrimination takes many forms.some blatant, some covert, some detrimental to the health of the mother and the unborn child
- a high level of ignorance and misinformation amongst employees and employers
- casual workers are particularly vulnerable
- women with the potential to become pregnant are denied employment, training and promotional opportunities
- pregnant women suffer harassment and victimisation from colleagues
- partners had been denied leave to attend significant medical appointments or even the birth of the child
- employers misuse occupational, health and safety regulations to remove pregnant employees
- women conceal pregnancy because they fear discrimination at work.
Pregnancy and potential pregnancy discrimination crosses industry sectors, professions, disciplines and employment level. Significant confusion about the rights and responsibilities of employees and employers when dealing with workplace pregnancy was revealed.
Numerous employees when contacting Families at Work will ask our consultants what their entitlements are within their own organisation. They appear to be unaware of who to contact or where to go to find information on their rights and responsibilities.
(Families at Work submission no 40).Diana is a first year cabinet making apprentice. She re-located from the regions after doing her pre-vocational course. She was told directly by employers that they wouldn't take her as an apprentice because she was a girl and she might get pregnant.
(TAFE Queensland and Group Training Australia Focus Group).
Media and community interest generated by the Inquiry and the launch of the Report far exceeded expectations. Analysis of media coverage found radio and television broadcasts in the two days following the Report launch reached 4.5 million people (a conservative estimate) across Australia. Coverage in print and online media was also extensive with 21 articles published about the Report in the first 48 hours. There was also extensive follow-up across the Internet plus interest from neighbouring Asian and Pacific countries, the United Kingdom and Scandinavia. Interest from other overseas print and radio media followed.
A Government response to the 46 recommendations of the report is pending.
Women's Labour Market Participation in Regional Australia
Labour markets vary depending on a range of factors, especially the size of towns and cities. This publication entitled Women's Labour Market Participation in Regional Australia is the result of research undertaken by the University of Newcastle commissioned by the Sex Discrimination Unit. It identifies the profound differences in employment opportunities between city and non-metropolitan areas. The research paper was launched Saturday 1 April 2000 at the Yarra Valley Women on Farms Gathering in Victoria by Commissioner Halliday who has been active in a variety of rural events.
Sex Discrimination in the Banking/Finance Industry
The Sex Discrimination Unit continues to support Ms Sara Charlesworth in her research of the influence of the industrial and anti-discrimination legislative frameworks, as well as non-legislative factors on the treatment of sex discrimination in the banking and finance industries. Ms Charlesworth published a preliminary paper in the Journal on Interdisciplinary Gender Studies which acknowledged HREOC.
Migrant and refugee women
Ms Rachel Gray undertook a three-month internship to research current issues facing migrant and refugee women in Australia. The paper resulting from the collaborative Sex Discrimination / Race Discrimination project is entitled 'An Ocean of Fires: Immigrant and Refugee Women's Voices'.
Submissions
'More Jobs, Better Pay' Bill 1999
Senate Employment, Workplace Relations, Small Business and Education Committee Inquiry into the Workplace Relations Legislation (More Jobs, Better Pay) Bill 1999.
The Sex Discrimination Unit prepared a submission on the behalf of the Human Rights and Equal Opportunity Commission that reiterated the issues raised regarding the Workplace Relations Act 1996 in the Report of the National Pregnancy and Work Inquiry, as well as other issues affecting gender equality in the workplace. Commissioner Halliday also appeared before the Senate Inquiry on 26 October 1999 to clarify and respond in more detail to issues raised in the submission.
Welfare Reform
The submission to the Reference Group on Welfare Reform (December 1999) focussed on the issue of paid maternity leave as a possible future option via the welfare system.
Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)
Office for the Status of Women
The Sex Discrimination Unit reviewed Australia's progress under CEDAW as part of its submission to the Office of the Status of Women on progress under this Convention over the past five years.
International Convention on Economic, Social and Cultural Rights (ICESCR)
Report to the Economic and Social Council administering the ICESCR.
The ICESCR contains many articles directly relevant to the work of the Sex Discrimination Unit. This submission reviewed progress under these articles in Australia over the past five years and included achievements, challenges and continuing obstacles.
Workplace Relations Amendment Bill 2000
The Sex Discrimination Commissioner provided comments on section 170LGA(4) of the proposed amendments concerning the decision-making process of the Australian Industrial Relations Commission. Views and advice were provided on the principles of natural justice.
Same Sex Superannuation Bill
Senate Inquiry into the Superannuation (entitlements of same sex couples) Bill 2000.
The Sex Discrimination Unit's submission to this inquiry reiterated the recommendations made in HREOC's 1999 publication Superannuation Entitlements of Same-Sex Couples: Report of Examination of Federal Legislation.
AMWU Casuals and Part-time Case
S113 application to vary the Metal and Associated Industries Award 1998
In April 2000 the Sex Discrimination Commissioner was granted leave to intervene in the AMWU Casuals and Part-time Case heard before the Australian Industrial Relations Commission by way of written submission.
The submission focused on the areas of concern to the role and duties of the Sex Discrimination Commissioner in relation to the objects of the Sex Discrimination Act 1984 (Cth), focussing primarily on issues raised in the context of casual employment.
Interest in the AMWU Casuals and Part-time Case stems from HREOC's legislative functions and responsibilities with regard to the elimination of discrimination in employment and particularly, the functions conferred by the Sex Discrimination Act 1984 [sections 48(1)(d), (e), (GB) and (h)] and by the Human Rights and Equal Opportunity Commission Act 1986 [sections 11 (1) (g), (o) and (p)].
The case was seen by HREOC as an appropriate vehicle to revisit issues associated with casual employment which have the potential to disadvantage and discriminate (directly and indirectly) against women. HREOC sought consideration of these matters by the AIRC to ensure that in the process of any general review of casual employment provisions, discrimination due to a casual employment status is identified and minimised.
Consultation
International Labour Organisation Convention 103 (Maternity Protection at Work)
Comments were provided to the Department of Employment, Workplace Relations and Small Business on a draft of ILO Convention 103 regarding maternity leave. In particular, comments stressed the need for ILO Conventions concerning women to be consistent with standards set by the Convention on the Elimination of All Forms of Discrimination Against Women. Several of the points submitted form part of Australia's observations on the Convention published in the ILO report IV (2A) from its 88th session, 2000.
Occupational Health and Safety (Lead) Regulations 2000
Advice was provided to the Victorian WorkCover Authority on its draft Occupational Health and Safety (Lead) Regulations 2000, draft Code of Practice for Lead and regulatory impact statement. The advice drew upon the Sex Discrimination Unit's research into lead including discussion of lead-related issues documented in the Report of the National Inquiry into Pregnancy and Work.
ILO Conventions and Protocol on the night work of women
The Sex Discrimination Unit responded to a request from the Department of Employment, Workplace Relations and Small Business to contribute to Australia's Article 19 Report to the ILO on the Conventions and Protocol on the night work of women. The submission supported the Australian position not to ratify ILO Convention numbers 4, 41 and 89 and the 1990 Protocol on the night work of women, as any prohibition on women from working at night is directly discriminatory against women in their employment.
International work
Beijing +5
UN General Assembly Special Session: "Women 2000: Gender Equality, Development and Peace for the 21st Century. 5-9 June 2000.
The Sex Discrimination Commissioner is tasked with monitoring the progress of gender issues and ensuring the human rights of women in Australia are protected.
In June 2000, the UN General Assembly held a Special Session to review and build on the outcomes of the fourth world conference on women, known as the '1995 Beijing Conference' and went on to set the international agenda on women's rights for the first decade of the 21st century.
Commissioner Halliday and Ms Sabina Lauber (Director A/g, Sex Discrimination Unit) attended in the capacity of Independent Advisors to the Australian Delegation and were involved in intense negotiations around the 12 critical areas of concern:
- women and poverty
- education and training for women
- women and health
- women and armed conflict
- women and the economy
- women in power and decision-making
- institutional mechanisms for the advancement of women
- human rights of women
- women and the media
- women and the environment
- the girl child.
The "outcomes document" consists of consensus text negotiated amongst the 188 participant countries on human rights commitments to women for the next decade.
South African Commission on Gender Equality
The Sex Discrimination Unit on behalf of the Human Rights and Equal Opportunity Commission successfully tendered to work with AusAID on a project of technical co-operation with the South African Commission on Gender Equality (CGE).
During May 2000 Commissioner Halliday and officers of the Sex & Race Discrimination Unit, participated in phase one of the project. Commissioner Halliday addressed a significant gathering of South African women politicians at Parliament House in Cape Town. As a follow up to this visit, the SDU office returned to Johannesburg in July 2000 to deliver training on the conduct of national inquiries to the CGE.
The good relationships developed with members of the women's machinery within the South African Government were reflected in the positive interactions with the South African delegation at the Beijing +5 conference in New York, June 2000.
The project work in South Africa continues on into the next reporting year.
Regional Workshop on the Role of National Human Rights Institutions in Advancing the Human Rights of Women
Commissioner Halliday attended the Regional Workshop in Suva, Fiji, organised by the Asia Pacific Forum 5-7 May 2000. This meeting was an important opportunity for Pacific Island and Asian nations to determine a common platform for action and joint statement on gender issues. This document was utilized at the Beijing + 5 conference, and will underpin future Asia Pacific work on gender.
UN Focal Point on Trafficking
The A/g Director Sex Discrimination Unit, was appointed HREOC contact for the UN Focal Point on Trafficking in Women to assist the UN High Commissioner for Human Rights with work in this area. Her role is predominantly one of information gathering and dissemination.
Speeches
Attached is a selection of speeches, seminars and presentations made by Commissioner Halliday in the reporting period.Selected papers are available on the HREOC website.
Women at Work 11th Women, Management and Industrial Relations Conference Macquarie Graduate School of Management, Sydney. 20 July 1999.
Inquiry into Pregnancy and Work Member Briefing Equal Employment Opportunity Network, Melbourne. 23 July 1999.
Leadership and the Management of Diversity Australian Institute of Police Management, Sydney. 29 July 1999.
On the Eve of the 21st Century There are Those Working to Return us to the 19th Century Women and Management Dinner, Sydney. 10 August 1999.
Young Women and Pregnancy Association of Women Educators, Brisbane. 25 August 1999.
Managing Business and Workplace Pregnancy Council of Equal Opportunity in Employment Ltd, Melbourne. 27 August 1999.
The business of a discrimination and harassment-free workplace: Smart people policies. Australian Legal Practice Management Group & Law Office Management Group, Sydney. 10 September 1999.
Women and the Law International Commission of Jurists, Melbourne University. 11 September 1999.
Young Women Striding into the 21st Century St Ursula's and St Xavier's College, Toowoomba. 16 September 1999.
Keep Pushing We're Almost There National Baha'I Office for the Advancement of Women International Women's Conference, Brisbane. 17 September 1999.
Private Pain, Public Sanction Beyond the Barriers - Improving Legal Responses to Domestic Violence Conference Domestic Violence Service Gold Coast. 23 September 2000.
Collaboration, Consolidation and Compliance ANU Commercial Law and Human Rights Conference, Canberra. 24 September 2000.
Women's Rights are Human Rights Australian Women Lawyers Breakfast, Canberra. 8 October 1999.
15th Anniversary Sex Discrimination Act Celebration Dinner with previous Commissioners and Attorney-General 11 October 1999, Sydney. 10 November 1999, Melbourne.
Who are you Planning to Recruit in the 21st Century? Morgan & Banks Seminar, Sydney. 20 October 1999.
Pregnancy and Work Absolutely Women's Health Forum Royal Women's Hospital Melbourne. 16 November 2000.
Human Rights and Equal Opportunity Victorian Commercial Teachers Association Conference La Trobe University. 22 November 1999.
Australia's Implementation of International Human Rights: focus on women's rights" Launch of Women's Rights Action Network Australia Tribunal Video, Melbourne. 14 December 2000.
Queensland Police Service Conference Police Academy, Oxley. 7 February 2000.
Women's Participation in Local Government Address to women candidates, Melbourne Town Hall. 10 February 2000.
Address to students Presbyterian Ladies College, Sydney. 22 February 2000.
Australian women: A national picture Association of Women Educators IWD Dinner, Adelaide. 29 February 2000.
Will Barbie Make it to the Boardroom this Century? CEOE Ltd International Women's Day Breakfast. 8 March 2000.
Launch of Getting to Know the Sex Discrimination Act: A guide for young women Hornsby Girls High School, NSW. 8 March 2000.
2nd Annual Women and Policing Awards NSW Police Academy, Goulburn. 8 March 2000.
21st Century Workplace Australia Post, Sydney. 15 March 2000.
11th Annual Women on Farms Gathering Yarra Valley, Victoria. 1 April 2000.
Status of Women in Australia Address to South African female politicians, Cape Town. 3 April 2000.
Pregnancy and other Employment Issues Womens' Infolink Employment Seminar, Brisbane. 3 May 2000.
Pregnancy and Potential Pregnancy Discrimination Asia Pacific Forum of National Human Rights Institutions Regional Workshop on 'The Role of National Human Rights Institutions in Advancing the International Human Rights of Women' Suva Fiji, 5-7 May 2000.
Sex Discrimination - Address to senior students Alphington Grammar, Melbourne. 12 May 2000.
How does Australia become the world's best? Curriculum Corporation National Conference, Melbourne. 18 May 2000.
Last updated 1 December 2001.
