Resources and readings
Resources and readings
speech and powerpoint presentation given by Julia Perry on behalf of Marie Coleman to the Public Service Association of NSW Women's Conference 2008.
"Understandings of Sex Discrimination in the Workplace: Limits and Possibilities" Sara Charlesworth, Clare Burton Memorial Lecture 2007.
NSW Law Reform Commission Report on the Anti-Discrimination Act (Report No 92, 1999)
Krysti Guest, "The Elusive Promise of Equality: Analysing the Limits of the Sex Discrimination Act 1984" (Parliamentary Library of Australia, Research Paper 16 1998-9)
The Combined Community Legal Centres Group has prepared some information to assist and encourage women to become involved in the Senate Inquiry into the Sex Discrimination Act. This Inquiry is an important law reform opportunity for women, and NFAW encourages you to become involved.
The last major review of the Sex Discrimination Act was undertaken by the Australian Law Reform Commission in 1994. The report Equality before the Law contains useful information in Chapter Three, Part I Justice for Women and in Chapter Four, Part II Women's Equality.
The following lists some of the key reforms identified by the Combined Community Centres Legal Group. This list provides a useful starting point for discussion.
Reform Needed | Rationale | Relevant Term/s of Reference |
SDC/HREOC needs to have power and resources to enquire into, regulate, monitor and enforce legislative responsibilities to prevent discrimination and promote gender equality
| The SDA currently only provides for adoption of discretionary guidelines ‘for the avoidance of discrimination'. HREOC has no power to mandate application of positive duties, nor to enforce compliance. There is limited capacity to address systemic discrimination beyond an inquiry and reporting function, which is limited due to lack of resources. Even when recommendations are made (e.g. Paid Maternity Leave), there is no enforcement power
| C, H, K |
SDC/HREOC needs to have a statutory responsibility to independently monitor and report to parliament on gender equality | Without regular monitoring and reporting against key indicators, Australian governments are not held accountable to their obligations to achieve substantive gender equality in key areas of public and private life e.g. workforce participation and promotion, pay equity, leadership, sexual harassment and other forms of gender-based violence. Annual independent reporting would also be a key public education and awareness-raising process.
| B, C, G,I,K
|
Individual complainants need greater access to legal advice and representation, through change to legal aid guidelines
| Legal Aid guidelines are currently very restrictive. It is extremely difficult to get legal aid to commence an action under the SDA. Individuals are often in a complex area of law dealing with well- resourced, and advised respondents
| H,M |
SDC/HREOC needs power to commence applications for enforcement of legal responsibilities without needing an individual complainant e.g. for persistent breach of standards, or of the SDA in a workplace, industry etc.
| Currently, an individual must be prepared to carry the burden of enforcing a remedy, including the risks of losing and having to pay large court costs. Many individuals also settle for good reasons. To have an industry-wide outcome, you need power to take action independently of relying on an individual
| H, M |
The SDA needs to be modernized to reflect contemporary standards. Exemptions in key areas of public life may need to be removed or significantly narrowed
| Currently, it is lawful to discriminate under the SDA in certain cases re voluntary bodies, educational institutions established for religious purposes, sport etc.
| N |
The SDA needs to better protect against discrimination involving both sex/gender and other attributes such as race or disability
| Currently, there is no ability for a court to look at the whole act of discrimination in order to adequately address the seriousness of discrimination which occurs for a range of reasons.
| L |