Sex Discrimination Amendment Act 1995

Administered by Attorney-General's Department

Legislation au C2004A05012 Not in force Act

Legislation content

Sex Discrimination Amendment Act 1995

No. 165 of 1995

 

An Act to amend the Sex Discrimination Act 1984

[Assented to 16 December 1995]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Sex Discrimination Amendment Act 1995.

(2) In this Act, “Principal Act” means the Sex Discrimination Act 19841.


Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Amendments

3. The Principal Act is amended as set out in the Schedule.

–––––––––––


SCHEDULE Section 3

AMENDMENTS OF THE SEX DISCRIMINATION ACT 1984

1. Title

Omit “pregnancy”, substitute “, pregnancy, potential pregnancy”.

2. After the title:

Insert:

“Recognising the need to prohibit, so far as is possible, discrimination against people 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:

Affirming that every individual is equal before and under the law, and has the right to the equal protection and equal benefit of the law, without discrimination on the ground of sex, marital status, pregnancy or potential pregnancy:”.

3. Paragraph 3(b):

Omit “or pregnancy”, substitute pregnancy or potential pregnancy”.

4. Section 4:

Insert:

“ ‘potential pregnancy’ has a meaning affected by section 4B;”.

5. After section 4A:

Insert:

Meaning of “potential pregnancy”

“4B. A reference in this Act to potential pregnancy of a woman includes a reference to:

(a) the fact that the woman is or may be capable of bearing children; or

(b) the fact that the woman has expressed a desire to become pregnant; or

(c) the fact that the woman is likely, or is perceived as being likely, to become pregnant.”.

6. Subsection 5(2):

Omit, substitute:

“(2) For the purposes of this Act, a person (the ‘discriminator’) discriminates against another person (the ‘aggrieved person’) on the ground of the sex of the aggrieved person if the discriminator imposes, or


SCHEDULE—continued

proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging persons of the same sex as the aggrieved person.

“(3) This section has effect subject to sections 7B and 7D.”.

7. Paragraph 6(1)(a):

Add at the end “or".

8. Subsection 6(2):

Omit, substitute:

“(2) For the purposes of this Act, a person (the ‘discriminator’) discriminates against another person (the ‘aggrieved person’) on the ground of the marital status of the aggrieved person if the discriminator imposes, or proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging persons of the…

Overview

The Sex Discrimination Amendment Act 1995 (No. 165 of 1995) was enacted by the Parliament of Australia to amend the Sex Discrimination Act 1984, extending protections against discrimination on the grounds of sex, marital status, and potential pregnancy, in addition to existing protections against discrimination on the grounds of actual pregnancy. The Act was introduced to address gaps in the protection of individuals from discrimination based on their potential reproductive status and marital status. The policy objective of the Act is to affirm that every individual is equal before and under the law, and has the right to the equal protection and equal benefit of the law, without discrimination based on sex, marital status, or potential pregnancy. The Act ensures that discrimination based on these grounds is prohibited in various areas, including work, accommodation, education, and the provision of goods, facilities, and services.

Scope and Application

The Sex Discrimination Amendment Act 1995 amends the Sex Discrimination Act 1984 to expand the scope of protection against discrimination by including "potential pregnancy" alongside "pregnancy" as prohibited grounds. This Act applies to all individuals and entities within the Commonwealth of Australia, encompassing various sectors such as employment, education, provision of goods and services, and the administration of laws and programs. It seeks to prohibit discrimination based on sex, marital status, pregnancy, or potential pregnancy, thereby providing a broader protection against gender-based discrimination. The Act allows for special measures to achieve equality between men and women, people of different marital statuses, and women who are or may be pregnant compared to those who are not. The Act also clarifies that a condition, requirement, or practice does not constitute discrimination if it is deemed reasonable in the circumstances, taking into account factors such as the extent of the disadvantage and the feasibility of mitigating it. The Act's provisions are subject to certain exclusions and exemptions, which may be further defined through subordinate instruments.

Key Provisions

  • The Sex Discrimination Amendment Act 1995 makes several significant amendments to the Sex Discrimination Act 1984. Primarily, it expands the definition of discrimination to include potential pregnancy alongside pregnancy, marital status, and sex (sections 1 and 3). It also redefines discrimination based on sex, marital status, and pregnancy or potential pregnancy in the Act (sections 5, 6, and 7). These amendments ensure that the Act addresses discrimination comprehensively across various aspects of life, including employment, education, and the provision of goods and services.
  • The Act imposes obligations on individuals and entities to ensure that their practices do not disadvantage people based on sex, marital status, or pregnancy or potential pregnancy. This includes avoiding conditions, requirements, or practices that have the effect of disadvantaging persons of the same sex, marital status, or those who are pregnant or potentially pregnant (sections 5, 6, and 7). Additionally, it allows for special measures to achieve equality between men and women, people of different marital statuses, and women who are pregnant or potentially pregnant, provided these measures are taken for the specified purpose (section 7D).
  • There are specific consequences for breaches of the Act. While the Act does not explicitly list penalties for violations, contraventions of the Sex Discrimination Act 1984, as amended by this Act, can result in both civil and criminal penalties. Civil penalties may include compensation for loss or damage suffered by the aggrieved party. Criminal penalties can include fines and imprisonment, with the specific penalties determined by the courts based on the severity of the breach. The Act also places the burden of proof on the person who imposed the condition, requirement, or practice to demonstrate that it does not constitute discrimination under the reasonableness test outlined in section 7B.

Legal classification tags

Area of Law
Human Rights Law
Instrument
Act
Concepts
Offence Provisions
Civil Penalty Provisions
Reporting & Disclosure Obligations
Compliance Obligations
Exemptions & Exclusions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.