AUSTRALIAN SENATE
CANBERRA. A C T
2 June 1983
Statement from Senator Susan Ryan, Minister Assisting the Prime Minister on
the Status of Women
INTRODUCTION OF SEX DISCRIMINATION LEGISLATION
The Sex Discrimination Bill was introduced into the Senate today by the
Minister Assisting the Prime Minister on the Status of Women, Senator Susan Ryan.
In introducing the Bill Senator Ryan said she was delighted to be able to
move the introduction of a major piece of legislation on a matter which so
deeply affects the rights of women and men.
The Bill is designed to give effect to the provisions of the UN Convention
on the Elimination of All Forms of Discrimination Against Women. The Government
will ratify this Convention in the near future.
Under the Bill discrimination on the grounds of sex, marital status or pregnancy
will be unlawful in the areas of employment, educat-ron, accommodation, the
provision of goods, facilities and services, the disposal of land, the
activities of clubs and the administration of Commonwealth laws and programs.
The Bill will give people who experience discrimination in all these areas
the opportunity of redress and it will be a significant deterrent for persons
and organisations who indulge in discriminatory practices.
The Bill will also prohibit sexual harassment in the workplace and in
educational institutions so far as is possible.
The Bill closely resembles the Sex Discrimination Bill 1981 introduced into
the Senate by me as a private member's Bill. Following the introduction of
that Bill extensive consultations were undertaken and the present Bill
incorporates a number of very useful suggestions made during those consultations.
Statistics on women's employment, unemployment, income levels and dependence
on government social security benefits give clear evidence of deeply imbedded
structural inequalities in our society. This Bill offers an opportunity to
combat some of these inequalities and attempts to promote the recognition
and acceptance within the community of the principle of equality between men
and women.
Commonwealth and State experience has shown that most di scrimi nation Occurs
in the area of employment. In this regard the Bill makes unlawful discrimination
against applicants for jobs and employees generally and also against persons
who are commission agents or-contract workers.
The Bill will afford protection throughout Australia as far as is
constitutionally possible and will provide protection not only to the
Commonwealth's own employees or applicants but to employees of other
institutions such as trading or financial corporations.
with regard to education, it will be unlawful for an educational authority to
d 4 scrimiinate on the grounds of sex, marital status or pregnancy against a
person applying for adm,, ission as a student or against a student. Single-sex
educational insti tutions are exempted from the 1 eqisl ation. CO NTD)
Administationi of the Bill is vested in the Human Richts Coni;" ission. The
functions of the Commission will include holding enauiries into and making
deter-! i nations on, coi: plaints; hearing applications for exe'mptior. fron the
Act; undertaking research and educational programs; and examination of
existing and proposed legislation to ensure its consistency with the
provisions of the Act.
A major part of my earlier private member's Bill the part concerning
affirmative action is not included in this Bill. The Government will
issue a green paper setting out options for further legislation providing
for the'introduction and implementation of affirmative action programs.
It is clear that the benefits of affirmative action programs in employment
are not widely understood and the Government recognises the need for employers,
employees, unions, and the community generally to be better informed. The
Government has therefore decided that it is more appropriate to generate
public discussion and understanding of its proposals and to have wide
ranging consultations in advance of the introduction of the legislation.
The introduction of this Bill represents the initial step towards the
fulfilment of the Government's major election commitment to women. The
Bill will be debated early in the Budget Session. The Government hopes that
further to the consultation that has already gone on with trade unions
and employer and women's organisations, interested persons will use the time
between now and the Budget sittings to examine the Bill carefully and to
put forward constructive comments on it."
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