Purpose:

The purpose of this legislation is to prohibit, as far as possible, discrimination against individuals on the grounds of sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy, potential pregnancy, breastfeeding, or family responsibilities, and to eliminate discrimination involving sexual harassment, harassment on the ground of sex, or hostile workplace environments.

Objectives:

• To give effect to certain provisions of the Convention on the Elimination of All Forms of Discrimination Against Women and to provisions of other relevant international instruments.
• To eliminate, so far as is possible, discrimination against persons on the ground of sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy or breastfeeding 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.
• To eliminate, so far as possible, discrimination on the ground of family responsibilities in the area of work.
• To eliminate, so far as is possible, discrimination involving sexual harassment, and discrimination involving harassment on the ground of sex, in the workplace, in educational institutions and in other areas of public activity.
• To eliminate, so far as is possible, discrimination involving subjecting persons to workplace environments that are hostile on the ground of sex.
• To promote recognition and acceptance within the community of the principle of the equality of men and women.
• To achieve, so far as practicable, substantive equality between men and women.

Key Provisions:

• Prohibition of Discrimination: Makes it unlawful to discriminate on the grounds of sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy, potential pregnancy, breastfeeding, or family responsibilities in areas such as employment, superannuation, commission agency, contract work, partnerships, qualifying bodies, registered organisations, employment agencies, education, goods, services, facilities, accommodation, land, and the administration of Commonwealth laws and programs (Part II, Divisions 1 and 2).
• Prohibition of Harassment: Makes it unlawful to sexually harass or harass on the ground of sex in employment, partnerships, occupational qualifications, registered organisations, employment agencies, educational institutions, provision of goods/services/facilities, accommodation, land, and Commonwealth laws/programs (Part II, Division 3).
• Hostile Workplace Environments: Prohibits subjecting another person to a workplace environment that is hostile on the ground of sex (Section 28M).
• Exemptions: Specifies certain circumstances where discrimination is not unlawful, such as genuine occupational qualifications, special measures to achieve equality, services for members of one sex, and acts done under statutory authority or conforming to religious doctrines (Part II, Division 4).
• Victimisation: Prohibits subjecting or threatening to subject another person to any detriment for making a complaint, bringing proceedings, giving information, attending conferences, appearing as a witness, asserting rights, or making allegations under this Act or the Australian Human Rights Commission Act 1986 (Part II, Division 5 and Part IV, Section 94).
• Positive Duty to Eliminate Discrimination: Imposes a duty on employers and persons conducting a business or undertaking to take reasonable and proportionate measures to eliminate, as far as possible, unlawful sex discrimination, sexual harassment, sex-based harassment, hostile workplace environments, and related victimisation (Part IIA, Section 47C).
• Functions of the Australian Human Rights Commission: Confers functions on the Commission, including granting exemptions, promoting understanding and compliance with the Act, undertaking research and educational programs, examining enactments, reporting to the Minister, preparing and publishing guidelines, and intervening in proceedings (Part III).
• Offences: Establishes specific offences such as publishing discriminatory advertisements and failing to provide actuarial or statistical data upon request (Part IV).

Evidence of Compliance Requirements For Agricultural Organisations:

• General Duty to Eliminate Unlawful Conduct: An employer or a person conducting a business or undertaking must take reasonable and proportionate measures to eliminate, as far as possible, specific discriminatory conduct. This includes:
  • Discrimination on the ground of sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities in employment, as commission agents, as contract workers, and in partnerships (Sections 14, 15, 16, 17).
  • Sexual harassment or harassment on the ground of sex (Section 28B).
  • Subjecting persons to hostile workplace environments on the ground of sex (Section 28M).
  • Acts of victimisation relating to complaints, proceedings, assertions, or allegations concerning the above conduct (Section 47A).
  • Measurement Standards/Considerations: Compliance is determined by taking into account the size, nature, and circumstances of the business or undertaking; the duty holder’s financial and other resources; and the practicability and cost of measures to eliminate the conduct.
• Data Disclosure for Insurance: If an agricultural organisation provides insurance and discriminates on the ground of sex based on actuarial or statistical data, and a client requests access to this data in writing, the organisation must:
  • Provide the client with a document containing the data; OR
  • Make a document containing the data available for inspection at reasonable times and places, and allow the client to copy or extract from it (Section 41(1)(e)).
• Disclosure of Actuarial/Statistical Data (Offence): If the President or Commission serves a written notice requiring disclosure of the source of actuarial or statistical data on which an act of discrimination was based (in cases where the act would otherwise be unlawful under Section 41(1)), the agricultural organisation must disclose the source within 28 days after service of the notice (Section 87(1)). Failure to comply without reasonable excuse is an offence.
• Complaint Handling (Internal Process): If a complaint alleging unlawful conduct under Division 3 of Part II (harassment etc.) is lodged with the Commission, no particulars of that complaint should be recorded, divulged, or communicated until the President has commenced inquiry, the complaint is withdrawn, or the President terminates the complaint (Section 92(1)). Exceptions apply for official duties or communication with involved parties/legal representatives.
• Prohibition of Victimisation (Offence): Agricultural organisations must not subject, or threaten to subject, any person to detriment for having made or proposing to make a complaint, brought or proposing to bring proceedings, given or proposing to give information/documents, attended or proposing to attend a conference, appeared or proposing to appear as a witness, reasonably asserted or proposing to assert rights, or made an allegation under this Act or the Australian Human Rights Commission Act 1986 (Section 94).
• Prohibition of Obstruction (Offence): Agricultural organisations must not insult, hinder, obstruct, molest, or interfere with any person exercising a power or performing a function under this Act (Section 95).
• Application for Exemptions: Agricultural organisations may apply to the Commission for a written exemption from the operation of specific provisions of the Act (Division 1 or 2 of Part II, or paragraphs 41(1)(e) or 41B(1)(b)) (Section 44). Exemptions are granted for a specified period not exceeding 5 years and may be subject to terms and conditions.
• Prohibition of Discriminatory Advertisements (Offence): Agricultural organisations must not publish or display an advertisement or notice that indicates, or could reasonably be understood as indicating, an intention to do an act that is unlawful under Part II of this Act (Section 86).

Metadata Keywords:

Sex Discrimination, Employment Law, Human Rights, Workplace Harassment, Anti-Discrimination, Australian Legislation, Equality, Gender Identity, Family Responsibilities, Agricultural Compliance

Publication Information:

Compilation date: 14 October 2024 Compilation No. 46 Authorised Version C2024C00630 registered 14/10/2024

Agricultural Industry Alignment:

Beef & Veal, Chicken, Coarse Grains, Cotton, Dairy, Eggs, Fisheries, Forestry, Horticulture, Oilseeds, Pig, Sheep Meat, Sugar, Wheat, Wine, Wool.

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.gov.au/C2004A02868/2024-10-14/2024-10-14/text/original/pdf →