SEX DISCRIMINATION ACT 1984 No. 4, 1984
SEX DISCRIMINATION ACT 1984 No. 4, 1984 - TABLE OF PROVISIONS
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. Objects
4. Interpretation
5. Sex discrimination
6. Discrimination on the ground of marital status
7. Discrimination on the ground of pregnancy
8. Act done for 2 or more reasons
9. Application of Act
10. Operation of State and Territory laws
11. Operation of State and Territory laws that further objects of
Convention
12. Extent to which Act binds the Crown
13. Extent to which Act applies to instrumentalities of States
PART II-PROHIBITION OF DISCRIMINATION
Division 1-Discrimination in Work
14. Discrimination against applicants and employees
15. Discrimination against commission agents
16. Discrimination against contract workers
17. Partnerships
18. Qualifying bodies
19. Registered organizations under the Conciliation and Arbitration Act
20. Employment agencies
Division 2-Discrimination in Other Areas
21. Education
22. Goods, services and facilities
23. Accommodation
24. Land
25. Clubs
26. Administration of Commonwealth laws and programs
27. Application forms, &c.;
Division 3-Discrimination Involving Sexual Harassment
28. Sexual harassment in employment
29. Sexual harassment in education
Division 4-Exemptions
30. Certain discrimination on ground of sex not unlawful
31. Pregnancy or childbirth
32. Services for members of one sex
33. Measures intended to achieve equality
34. Accommodation provided for employees or students
35. Residential care of children
36. Charities
37. Religious bodies
38. Educational institutions established for religious purposes
39. Voluntary bodies
40. Acts done under statutory authority
41. Superannuation and insurance
42. Sport
43. Combat duties, &c.;
44. Commission may grant exemptions
45. Review by Administrative Appeals Tribunal
46. Notice of decisions to be published
47. Effect of exemptions
PART III-INQUIRIES AND CIVIL PROCEEDINGS
Division 1-Preliminary
48. Functions of Human Rights Commission
49. Functions of Commissioner
50. Complaints
51. Commissioner deemed to be a complainant
Division 2-Inquiries by Commissioner
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52. Inquiries by Commissioner
53. Application for interim determination under section 80
54. Power to obtain information and documents
55. Directions to persons to attend compulsory conference
56. Compulsory conference
57. Reference of matters to the Commission
Division 3-Inquiries by Human Rights Commission
58. Reference of matter to the Commission by the Minister
59. Inquiries into complaints
60. Quorum for purpose of inquiry
61. Single inquiry in relation to several complaints
62. Joinder of parties by the Commission
63. Notice of inquiry and rights of parties at inquiry
64. Parties to an inquiry
65. Right of appearance and to representation
66. Inquiries may be held in private
67. Commission may prohibit publication of evidence, &c.;
68. Counsel assisting the Commission
69. Determination of representative complaints
70. Matters to be considered in determination of representative
complaints
71. Amendment of representative complaints
72. Ordinary complaints not precluded by representative complaints
73. Resolution of complaint by conciliation
74. Evidence and findings in other proceedings
75. Powers of Commission to take evidence
76. Retention and copying of documents
77. Application of rules of evidence, &c.;
78. Consideration of exceptions and exemptions
79. Commission may dismiss frivolous, &c.;, complaints
80. Making of interim determination
81. Determination or other decision of the Commission
82. Proceedings in Federal Court
83. Assistance in proceedings before Commission
84. Assistance in proceedings before Federal Court
PART IV-OFFENCES
85. Unlawful act not offence unless expressly so provided
86. Advertisements
87. Failure to provide actuarial or statistical data
88. Failure to attend conference
89. Failure to furnish information, &c.;
90. Offences in relation to Commission
91. Self-incrimination
92. Particulars of complaints not to be communicated, &c.;
93. False or misleading information
94. Victimization
95. Obstruction, &c.;
PART V-SEX DISCRIMINATION COMMISSIONER
96. Sex Discrimination Commissioner
97. Terms and conditions of appointment
98. Remuneration of Commissioner
99. Leave of absence
100. Outside employment
101. Resignation
102. Termination of appointment
103. Acting Commissioner
PART VI-MISCELLANEOUS
104. Delegation
105. Liability of persons involved in unlawful acts
106. Vicarious liability, &c.;
107. Acts done on behalf of bodies
108. Commonwealth deemed to be employer
109. Awards inconsistent with this Act not to be made
110. Unlawful act not basis of civil action unless expressly so
provided
111. Protection from civil actions
112. Non-disclosure of private information
113. Information stored otherwise than in written form
114. Commissioner to furnish information
115. Jurisdiction of Federal Court
116. Regulations
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SCHEDULE
CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST
WOMEN
SEX DISCRIMINATION ACT 1984 No. 4, 1984 - SECT. 1.
Short title.
pregnancy or involving sexual harassment
(Assented to 21 March 1984)
PART I-PRELIMINARY
Short title
1. This Act may be cited as the Sex Discrimination Act 1984.
SEX DISCRIMINATION ACT 1984 No. 4, 1984 - SECT. 2.
Commencement
2. This Act shall come into operation on a day to be fixed by Proclamation.
SEX DISCRIMINATION ACT 1984 No. 4, 1984 - SECT. 3.
Objects
3. The objects of this Act are-
(a) to give effect to certain provisions of the Convention on the
Elimination of All Forms of Discrimination Against Women;
(b) to eliminate, so far as is possible, discrimination against persons on
the ground of sex, marital status or pregnancy in the areas of work,
accommodation, education, the provision of goods, facilities and services, the
disposal of land, the activities of clubs and the administration of
Commonwealth laws and programs;
(c) to eliminate, so far as is possible, discrimination involving sexual
harassment in the workplace and in educational institutions; and
(d) to promote recognition and acceptance within the community of the
principle of the equality of men and women.
SEX DISCRIMINATION ACT 1984 No. 4, 1984 - SECT. 4.
Interpretation
4. (1) In this Act, unless the contrary intention appears-
''accommodation'' includes residential and business accommodation;
''administrative office'' means-
(a) an office established by, or an appointment made under, a law of the
Commonwealth;
(b) an office established by, or an appointment made under, a law of a
Territory;
(c) an appointment made by the Governor-General or a Minister otherwise
than under a law of the Commonwealth or of a Territory (including the Northern
Territory); and
(d) an appointment as a director of an incorporated company that is a
public authority of the Commonwealth,
but does not include-
(e) an office of member of the Legislative Assembly, member of the
Council or Minister of the Territory, within the meaning of the Northern
Territory (Self-Government) Act 1978;
(f) an office of member of the Legislative Assembly within the meaning
of the Norfolk Island Act 1979; or
(g) an office or appointment in the Australian Public Service;
''Chairman'' means Chairman of the Commission;
''club'' means an association (whether incorporated or unincorporated) of
not less than 30 persons associated together for social, literary, cultural,
political, sporting, athletic or other lawful purposes that-
(a) provides and maintains its facilities, in whole or in part, from the
funds of the association; and
(b) sells or supplies liquor for consumption on its premises;
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''Commission'' means the Human Rights Commission established by the Human
Rights Commission Act 1981;
''commission agent'' means a person who does work for another person as the
agent of that other person and who is remunerated, whether in whole or in
part, by commission;
''Commissioner'' means the Sex Discrimination Commissioner appointed under
section 96;
''committee of management'', in relation to a club or a registered
organization, means the group or body of persons (however described) that
manages the affairs of that club or organization, as the case may be;
''Commonwealth employee'' means a person who-
(a) holds an office or appointment in the Australian Public Service or
is employed in a temporary capacity in a Department;
(b) holds an administrative office;
(c) is employed by a public authority of the Commonwealth;
(d) holds an office or appointment in the Commonwealth Teaching Service
or is employed as a temporary employee under the Commonwealth Teaching Service
Act 1972;
(e) is employed under the Australian Security Intelligence Organization
Act 1979, the Supply and Development Act 1939 or the Naval Defence Act 1910;
or
(f) is a member of the Defence Force;
''Commonwealth law'' means-
(a) an Act, or a regulation, rule, by-law or determination made under or
pursuant to an Act;
(b) an Ordinance of a Territory, or a regulation, rule, by-law or
determination made under or pursuant to an Ordinance of a Territory; or