Sex discrimination

Inquiry into the Sex Discrimination Act 

On 26 June 2008, the Senate referred an Inquiry into the effectiveness of the Commonwealth Sex Discrimination Act in eliminating discrimination and promoting gender equality to the Legal and Constitutional Affairs Committee of the Senate for report by 12 November 2008.  

NFAW's submission is posted on the Committee's website. 

The Inquiry has particular reference to:

a. The scope of the Act, and the manner in which key terms and concepts are defined;

b. The extent to which the Act implements the non-discrimination obligations of the Convention of the Elimination of All Forms of Discrimination against Women and the International Labour Organization or under other international instruments, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights;

c. The powers and capacity of the Human Rights and Equal Opportunity Commission and the Sex Discrimination Commissioner, particularly in initiating inquiries into systemic discrimination and to monitor progress towards equality;

d. Consistency of the Act with other Commonwealth and state and territory discrimination legislation, including options for harmonisation;

e. Significant judicial rulings on the interpretation of the Act and their consequences;

f. Impact on state and territory laws;

g. Preventing discrimination, including by educative means;

h. Providing effective remedies, including the effectiveness, efficiency and fairness of the complaints process;

i. Addressing discrimination on the ground of family responsibilities;

j. Impact on the economy, productivity and employment (including recruitment processes);

k. Sexual harassment;

l. Effectiveness in addressing intersecting forms of discrimination;

m. Any procedural or technical issues;

n. Scope of existing exemptions; and

o. Other matters relating and incidental to the Act. 

Submissions are now available on the Senate Legal and Constitutional Affairs Committee website.