PRIME MINISTER
SPEECH BY THE PRIME MINISTER, THE HON P. J. KEATING, MP
THE TENTH ANNIVERSARY OF THE SEX DISCRIMINATION ACT
SYDNEY, 29 JULY 1994
It's a great honour to be with you to celebrate the tenth anniversary of the Sex
Discrimination Act.
When this Labor Government enacted the Sex Discrimination Act ten years
ago, it did so against opposition that was vocal, hostile and ignorant.
This Act was one of the most fiercely contested legislative measures in
Australian political history.
But then again, this seems to be the way of politics in this country: on the big
issues the ones which carry real weight it is always, and only, the Labor
Government that is capable of taking the bold policy step.
The Sex Discrimination Act stands as one of the most significant pieces of
legislation in our history.
But when the Bill was first brought to the House, it was pilloried as the
brainchild of radical feminists radical feminists supposedly intent on
destroying the nuclear family, creating a unisex society and, most dangerous
of all, defying the laws of nature.
Women would be forced into the workforce where they would wreak havoc
because of what one Senator described as " compulsory close cohabitation"
with men.
I should add this enlightened Senator went on to express the grave concern
that husbands would be surrounded by glamorous women intent on
seduction. Of course, the Sex Discrimination Act did not force women into the workforce
women have always been in the workforce.
What the critics at the time failed to understand was that women themselves
were embracing change.
The dramatic changes in women's lives weren't being forced upon them by
the Government or the women's movement, it was the women themselves
who demanded more choices, better opportunities and freedom from
discrimination. But ground breaking legislation always brings out the high emotions in those
who want to remain locked in the closets of the past.
You only have to go back to last year and the racism and fear drummed up
over Mabo.
And we should always remember that when the Native Title Act was returned
to the House of Representatives for final passage the people's house
the Leader of the Opposition branded that day " a day of shame".
If we didn't have the Tories still with us today, it would probably be hard to
believe the Sex Discrimination Act caused the controversy it did just ten years
ago. The Act's underlying purpose was and remains very simple: to end
discrimination on the basis of sex, marital status or pregnancy, and to
promote community respect for the principle of the equality of men and
women. Since the Act's inception, more than 7,000 complaints have been lodged
the overwhelming majority of these employmyiitnf-elated:
And, contrary to predictions that the Act would only benefit an elite group of
women, complaints have come from all spheres of employment.
The Act has been used by young women many complaining of sexual
harassment by older women, Aboriginal women and women from non-
English backgrounds.
The Act has also been used by men.
But numbers of cases or complaints can never fully capture the impact of this
Act. This Act has helped bring about a change in Australia's cultural
infrastructure.
The values, it encapsulates, have found vocal expression in the working lives
of women and men, in all areas of activity and in all workplaces.
One journalist described it well when she referred to the " accidental
feminists" those women who do not consciously identify with the feminist
movement but who articulate feminist expectations and aspirations.
These women, who tend to shy away from the " IF word", ardently support
equal pay and equal opportunity.
So, despite a remark from a member of the Liberal Party ten years ago that
" this Bill means nothing at all", the women of Australia know that this Act
means a great deal.
But this Act can't be effective in isolation it must co-exist with other social,
economic and political strategies for improving the status of women.
That's why the Government has consistently supported strategies such as the
provision of affordable, quality child care; the payment of family assistance
directly to women caring for children; greater access to superannuation;
affirmative action for women in employment; and better access to training and
education. On this tenth anniversary, I think it's appropriate that we pay tribute to the
many women and men who fought hard for the sex discrimination legislation
and who, in the ten years since, have supported the Act and continued the
fight for equality.
But I'm sure no one will mind if I signal out for special attention the pivotal
role played by the trio of Susan Ryan, then the Minister Assisting the Prime
Minister for the Status of Women, Anne Summers, Head of the Office of the
Status of Women at the time the Bill was debated, and Chris Ronalds who
was the legal consultant to the Office of the Status of Women.
Their work in conceiving, drafting and guiding the Bill through Parliament
earned them the label " Ryan's ruthless juggernaut".
At the time, I suspect it was meant to be an insult, but it soon became a
badge of pride, an apt description of the fierce and unrelenting determination
and energy of three women who wanted to make a difference, to change the
social order for the better.
In all this, it is important to emphasise that their battle for the rights of women
is part of a broader vision for a more egalitarian and socially just Australia
a vision this Labor Government shares.
This is a crucial point: by arguing for equal rights and equal opportunity,
women are not pleading for special favours, they are fighting for a better
Australia for both women and men.
The Sex Discrimination Act is often portrayed as radical and ground breaking
legislation.
And so it is.
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But it is also a very pragmatic document.
Ten years ago, the Government had to concede a number of issues to get the
legislation passed.
The strategic victory at the time was to enact the legislation, to ensure we
had in place a solid foundation on which we could build.
And that's what we have done.
In 1992, in responding to the Lavarche Report Halfway to Equal, the
Government made a number of significant amendments to the Sex
Discrimination Act. We also foreshadowed other amendments.
Today, I am pleased to announce a further five proposals to improve the
effectiveness of the Act. I
First, the Government believes it is necessary to make a strong legislative
statement that clearly expresses our commitment that sex discrimination and
sexual harassment will not be tolerated in our society.
To this end, a Preamble will be inserted into the Act incorporating a general
prohibition on discrimination and a statement proclaiming the equality before
the law of women and men.
Second, to combat discrimination on the grounds of pregnancy, potential
pregnancy will be explicitly proscribed as a ground of discrimination and the
reasonableness defence in relation to direct discrimination on the grounds of
pregnancy will be removed.
These amendments will afford better protection to women in public life and
send a clear message that this type of discrimination will not be tolerated.
Third, we will extend the definition of the proscribed ground of marital status
to cover the identity or occupation of the complainant's spouse.
Discrimination on the grounds of spousal identity predominantly affects
women and is unjustifiable except in very narrow circumstances.
Fourth, we will simplify the definition of indirect discrimination and place the
onus on the respondent to justify the reasonablenes -s of tii-discriminatory
requirement. Tackling indirect discrimination is a key element in the elimination of
discrimination because the barriers to equality are often the result of
apparently neutral practices.
However, due to the complexity of the Act's test for indirect discrimination and
the lack of public understanding on this issue, there have been only 11 such
complaints in the Act's ten year operation. I hope that these amendments will
raise awareness of this provision.
Fifth, the exemption extended to the Australian Defence Force for the
employment of women will be narrowed so as to only apply to combat duty.
In making this amendment, I'm happy to say the Government is' sirnply
reflecting the change which has already occurred in the Australian Defence
Force.
Women can now serve in all Defence Force positions except those involving
direct physical combat.
This has opened up many employment and career opportunities. Back in
1984, around 10 per cent of Defence Force positions were open to women.
Today, women can be employed in over 65 per cent of the positions in the
Army and over 90 per cent of those in the Navy and Air Force.
The sixth and final amendment concerns the special measures provision.
This provision recognises that there are situations where exact parity of
treatment between men and women cannot eradicate discrimination and that
extra steps are often required to facilitate equality.
Unfortunately, the rationale for this provision has often been misunderstood
by the community and narrowly interpreted by courts and tribunals.
To remedy this, the amendment moves the ' special measures' provision out
of the " Exemptions" Division of the Act and relocates it in Part 1 dealing with
definitions of discrimination.
It is hoped that this shift will foster recognition that such special measures do
not constitute discrimination but are a key part of the process of ensuring
equality.
The Sex Discrimination Act was a landmark piece of legislation when it was
passed. But like most laws, it needs to be scrutinised to ensure it is in tune
with current realities. It is good law, but we want to make it better.
The amendments I have announced today have the dual purpose of attacking
the structural inequalities that continue to exist and making the Act more
accessible. No doubt these proposals will encounter opposition as the original act did.
We must resist that opposition as we did then.
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I congratulate the thousands of women and the many men who fought
for the introduction of this Act.
I congratulate the thousands of women who have used the Act to redress
discrimination.
And I urge all Australians to support the Act in our stand for the full equality of
women and men.
Thank you.