EXPLANATORY STATEMENT
Issued by the Authority of the Attorney-General
Sex and Age Discrimination Legislation Amendment Act 2011
Proclamation
Subsection 2(1) of the Sex and Age Discrimination Legislation Amendment Act 2011 (the Act) provides that Schedule 2 to the Act will commence on Proclamation, or if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. The Act received Royal Assent on 20 June 2011.
The purpose of the Proclamation is to commence Schedule 2 of the Act on 29 July 2011.
The Act amends the Sex Discrimination Act 1984 (SDA) and Age Discrimination Act 2004 (ADA). Schedule 1 to the Act amends the SDA to prohibit discrimination on the basis of family responsibilities in all areas of work, to establish breastfeeding as a separate ground of discrimination and to strengthen protections for students and workers from sexual harassment. Schedule 1 commenced on 21 June 2011, the day after the Act received Royal Assent.
Schedule 2 to the Act will amend the ADA to provide for the appointment of a stand‑alone Age Discrimination Commissioner to the Australian Human Rights Commission. During the 2010 election, the Government committed to appoint an Age Discrimination Commissioner in July 2011.
The proposed Proclamation would be a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Authority: Subsection 2(1) of the
Sex and Age Discrimination Legislation Amendment Act 2011