Sex Discrimination Act 1984
The Sex Discrimination Act 1984 (SDA) prohibits discrimination on the basis of sex, sexual orientation, gender identity, intersex status, marital status, relationship status, pregnancy, and breastfeeding. The Act also prohibits sexual harassment and discrimination on the basis of family responsibilities. The Act covers discrimination in employment, education, housing, the provision of goods and services, and the administration of Commonwealth laws and programs. The Act gives effect to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the International Labour Organization’s equal opportunity conventions. The Act is investigated and conciliated by the Australian Human Rights Commission.
Legal area: Human rights law prohibits discrimination on various grounds and establishes institutional mechanisms for the protection and promotion of human rights.
Year enacted: 1984
Full text: https://www.legislation.gov.au/Details/C1984A00004
Key Provisions
- Section 5: Discrimination on the ground of sex
- Section 7AA: Discrimination on the ground of sexual orientation
- Section 7AB: Discrimination on the ground of gender identity
- Section 7AC: Discrimination on the ground of intersex status
- Section 14: Discrimination in employment
- Section 28A: Sexual harassment in employment and education
- Section 28B: Liability of employers for sexual harassment by employees
- Part II, Division 4: Equal opportunity in employment
Significance
The Sex Discrimination Act 1984 was a milestone in Australian women’s rights. The Act was significantly amended in 2013 to add protections for sexual orientation, gender identity, and intersex status, making it one of the most comprehensive anti-discrimination statutes in Australian law. The Act’s prohibition of sexual harassment has been strengthened following the Australian Human Rights Commission’s Respect@Work Report (2020), which led to the introduction of a positive duty on employers to eliminate sex discrimination and harassment.