Sex and Age Discrimination Legislation Amendment Act 2011 - Proclamation

Overview

The Sex and Age Discrimination Legislation Amendment Act 2011 was enacted to address gaps in anti-discrimination protections under the Sex Discrimination Act 1984 and the Age Discrimination Act 2004. This Act was passed by the Parliament of Australia and received Royal Assent on 20 June 2011, aiming to enhance protections against discrimination based on family responsibilities and breastfeeding, as well as to strengthen the framework against sexual harassment for students and workers. Additionally, the Act introduced a significant change in the administration of age discrimination issues by providing for the appointment of a dedicated Age Discrimination Commissioner to the Australian Human Rights Commission, a commitment made by the Government during the 2010 election. The changes in the Sex Discrimination Act 1984 commenced on 21 June 2011, while the amendments to the Age Discrimination Act 2004, including the appointment of the Commissioner, were set to commence on 29 July 2011 under the terms of the Proclamation.

Scope and Application

The Sex and Age Discrimination Legislation Amendment Act 2011 applies to individuals and entities within Australia, impacting various sectors including employment, education, and services. The Act seeks to enhance protections against discrimination by amending the Sex Discrimination Act 1984 and the Age Discrimination Act 2004. Under the Act, discrimination on the basis of family responsibilities is prohibited across all areas of work, and breastfeeding is recognised as a distinct ground of discrimination. Furthermore, the Act strengthens protections for students and workers from sexual harassment and mandates the appointment of a stand-alone Age Discrimination Commissioner to the Australian Human Rights Commission. The legislative changes outlined in Schedule 1 of the Act commenced on 21 June 2011, while the appointment of the Age Discrimination Commissioner, as detailed in Schedule 2, was set to commence following the Proclamation on 29 July 2011. The Act's provisions apply nationally across Australia, with no specific exclusions outlined in the Explanatory Statement, though its application may be further defined or restricted through subordinate instruments.

Key Provisions

The main operative sections of the Sex and Age Discrimination Legislation Amendment Act 2011 (sections 1 and 2) provide for the commencement of the Act’s provisions. Specifically, section 1 dictates that Schedule 2 of the Act will commence on Proclamation, or if any provisions do not commence within six months from the day the Act receives Royal Assent, they will commence on the day after the end of that period (subsection 2(1)). The Act received Royal Assent on 20 June 2011, and the purpose of the Proclamation is to ensure that Schedule 2 of the Act commences on 29 July 2011. The Act imposes several obligations on parties and entities it governs, particularly through its amendments to the Sex Discrimination Act 1984 (SDA) and Age Discrimination Act 2004 (ADA). Schedule 1 of the Act amends the SDA to prohibit discrimination on the basis of family responsibilities in all areas of work. It also establishes breastfeeding as a separate ground of discrimination and strengthens protections for students and workers from sexual harassment. These amendments came into effect on 21 June 2011, the day after the Act received Royal Assent. Furthermore, Schedule 2 of the Act amends the ADA to facilitate the appointment of a stand-alone Age Discrimination Commissioner to the Australian Human Rights Commission, fulfilling a commitment made by the Government during the 2010 election to appoint such a Commissioner by July 2011. Failure to comply with the provisions of the amended SDA and ADA could result in various civil and criminal consequences. Under the amended SDA, discrimination on the basis of family responsibilities, breastfeeding, and sexual harassment can attract legal action by the aggrieved party. Penalties for contravening the SDA can include pecuniary penalties, with the maximum penalty varying depending on the nature of the offence. For corporations, the maximum penalty can reach up to $2,100,000 for serious breaches (section 113 of the SDA). For individuals, the maximum penalty can be up to $55,000 (section 113 of the SDA). Under the ADA, while specific penalties are not detailed in the explanatory statement, contraventions of the Act could lead to similar civil and criminal consequences, including fines and imprisonment, as outlined in the existing provisions of the ADA. The precise penalties would depend on the nature and severity of the breach.