Members, Senators and Parliamentary staff can obtain further information from the Parliamentary Library on 02 Section 38 relates to the parameters of the exemption provided to educational institutions established for religious purposes. Australian Human Rights Commission, Consultation: Equality means treating all people with dignity and respect and not distinguishing or treating people unfavourably because of their background or personal characteristics such as sex, race, age, sexual orientation, disability, religion, housing or social status. Items 53—55 and 58 amend the abovementioned exemptions as a consequence of extending protection against discrimination to same-sex defacto couples. Schedule 1 on a single day to be fixed by proclamation. The Committee stated that while it: The effect of state and territory laws Items 25—26 make amendments which preserve the operation of state and territory laws so long as they are capable of operating concurrently with the SDA. The Greens therefore proposed a sunset clause ending 30 June for the operation of the proposed exemption.
The effect of the proposed amendment is to make it illegal to request or require a person to provide information if that information would enable the requester to unlawfully discriminate. A failure to reach consensus about a way forward with the Exposure Draft of the HRAD Bill resulted in it being withdrawn while recommendations arising out of the Committee process underwent further reflection and consideration. Most of the current exemptions from the prohibition on unlawful discrimination for voluntary bodies, religious organisations and competitive sporting activities will also apply to the proposed new protected grounds. The terms of reference for this inquiry were broad ranging. According to the Explanatory Memorandum, this will mean that organisations do not face the task of have to provide an alternative to male and female in any data keeping. The Explanatory Memorandum states that this exemption is necessary to restrict competitive sporting events to people who can effectively compete. However, in light of the explanation provided, and the existence of a similar exception in the Disability Discrimination Act , the committee leaves the question of whether the proposed approach is appropriate to the consideration of the Senate as a whole. Section 7B of the SDA provides a reasonableness test for indirect discrimination. Equality means treating all people with dignity and respect and not distinguishing or treating people unfavourably because of their background or personal characteristics such as sex, race, age, sexual orientation, disability, religion, housing or social status. The Government considers that: The Committee stated that while it: Basically, a person does not discriminate against another person by imposing, or proposing to impose, a condition, requirement or practice that has, or is likely to have, the disadvantaging effect if the condition, requirement or practice is reasonable in the circumstances. The Explanatory Memorandum states that these exemptions are necessary to preserve existing policy in relation to superannuation fund conditions. However, these exemptions may be reconsidered in the future if organisations revise their record keeping so as to accommodate these changes. Australian Greens believe in equality for all. The effect of state and territory laws Items 25—26 make amendments which preserve the operation of state and territory laws so long as they are capable of operating concurrently with the SDA. The rights and responsibilities of pregnant and potentially pregnant workers in the workplace were clarified by the Sex Discrimination Amendment Pregnancy and Work Act Provisions[ edit ] The full scope of the Act is covered principally by Section 3B , which seeks "to eliminate, so far as is possible, discrimination against persons on the ground of sex, marital status, pregnancy or potential 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". Prohibiting discrimination in the areas of work covered by the SDA Items 27 and 29—34 provide amendments designed to ensure that discrimination on the ground of sexual orientation, gender identity, intersex status and marital or relationship status are prohibited in the following areas of work: Items 53—55 and 58 amend the abovementioned exemptions as a consequence of extending protection against discrimination to same-sex defacto couples. Members, Senators and Parliamentary staff can obtain further information from the Parliamentary Library on 02 This extends the protection against relationship discrimination to same sex couples. The provision of information enabling discrimination Items 44—45 amend section 27 as a consequence of the introduction of new grounds of discrimination. Item 3 amends paragraph 3 b the objects of the SDA as a consequence of the proposed insertion of new and additional terms and thus grounds of discrimination mentioned in items 1 and 2. The effect of proposed subsection 40 2B means that the prohibitions on discrimination on the basis of sexual orientation, gender identity or intersex status in Divisions 1 and 2 of Part II of the SDA which deal with discrimination at work and in other areas respectively will not have application to anything done by a person in direct compliance with the a law of the Commonwealth, or state or territory, that is prescribed by the regulations for the purposes of this subsection. However, this is subject to the amendment proposed by item 60 which provides an exemption to the effect that the making a request for information and keeping records under Division 1 and 2 of Part II of the SDA is not unlawful merely because the request or record keeping does not allow for a person to identify as being neither male or female proposed subsection 43A 1 and 2 respectively. Thus, it will be not unlawful to discriminate on the grounds of sex, gender identity or intersex status by excluding persons from participation in any competitive sporting activity in which the strength, stamina or physique of competitors is relevant.
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