Sex Discrimination Amendment Regulations 2001 (No. 1) 2001 No. 118
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 118
Issued by the Authority of the Attorney-General
Sex Discrimination Act 1984
Sex Discrimination Amendment Regulations 2001 (No. 1)
Section 116 of the Sex Discrimination Act 1984 (the Act) provides for the Governor-General to make regulations prescribing matters, amongst others, necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 43 of the Act provides an exemption from the Act to allow discrimination against a woman on the ground of her sex in connection with employment, engagement or appointment in a position involving the performance of combat duties in the Australian Defence Force. In 1995, section 43 of the Act was amended by the Sex Discrimination Amendment Act 1995 to delete references to and text associated with 'combat-related duties'. The amendment to the Act was made following changes to Australian Defence Force policy in 1992 that permitted women to be deployed in 'combat-related duties'. At the time, the Sex Discrimination Regulations (the principal Regulations) were not amended accordingly.
The purpose therefore of the Regulations is to amend the principal Regulations in light of the amendments made to the Act.
Consequently, the Regulations omit the definition of and references to 'combat-related duties' in the principal Regulations where appropriate. Details of the Regulations are contained in the Attachment.
The Regulations commence on gazettal.
Attachment
Sex Discrimination Amendment Regulations 2001 (No. 1)
Regulation 1 provides the name of the amending Regulations.
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 provides that Schedule 1 to the Regulations amends the principal Regulations.
Item 1 of Schedule 1 of the Regulations amends regulation 1 of the principal Regulations to change the title of the principal Regulations to the 'Sex Discrimination Regulations 1984' to reflect current drafting style.
Item 2 of Schedule 1 of the Regulations amends the heading of regulation 3 of the principal Regulations by deleting mention of 'combat-related duties', so that it reads 'Combat duties' rather than 'Combat duties and combat-related duties'.
Item 3 of Schedule 1 of the Regulations deletes regulation 3(2) of the principal Regulations which declares certain duties to be 'combat-related duties' for the purposes of section 43 of the Sex Discrimination Act 1984 (the Act).
The combined effect of Item 2 and Item 3 of Schedule 1 of the Regulations is to delete any mention of 'combat-related duties' from the principal Regulations.
Overview
The Sex Discrimination Amendment Regulations 2001 (No. 1) were enacted to amend the Sex Discrimination Regulations 1984 in response to changes in the Sex Discrimination Act 1984. These changes, which were made by the Sex Discrimination Amendment Act 1995, removed references to 'combat-related duties' following the Australian Defence Force policy shift in 1992 to allow women to be deployed in combat roles. The purpose of these regulations is to ensure that the Sex Discrimination Regulations align with the updated Act by removing outdated references to 'combat-related duties'. The policy objective is to reflect the current policy environment and ensure that the legislation accurately represents the roles and duties within the Australian Defence Force, thereby providing a more inclusive and equitable legal framework. The Regulations were issued by the Authority of the Attorney-General and commenced upon gazettal.
Scope and Application
The Sex Discrimination Amendment Regulations 2001 (No. 1) apply to the Sex Discrimination Regulations 1984 and amend them to reflect the legislative changes made by the Sex Discrimination Amendment Act 1995. These regulations cater to all persons and entities within the scope of the Sex Discrimination Act 1984, including employers, employees, and various industries, by ensuring the regulations align with current legal standards. They particularly address the exemption concerning the Australian Defence Force, removing outdated references to 'combat-related duties' and updating them to simply 'combat duties'. This change aligns the regulations with the current policy that allows women to be deployed in combat roles within the ADF. The regulations have a national reach, applying across Australia, and they do not introduce any new exclusions or thresholds but rather refine existing provisions to eliminate redundancy and maintain legal coherence. Any further application or interpretation of these regulations may be extended or restricted through subordinate instruments as deemed necessary by the Governor-General.
Key Provisions
The Sex Discrimination Amendment Regulations 2001 (No. 1) (the Regulations) are intended to align the Sex Discrimination Regulations 1984 (the principal Regulations) with amendments made to the Sex Discrimination Act 1984 (the Act) in 1995. Specifically, the Regulations update the principal Regulations to remove references to 'combat-related duties' following the deletion of these terms from the Act itself. Regulation 1 identifies the amending Regulations, and Regulation 2 specifies that the Regulations will commence on gazettal. Regulation 3, through Schedule 1, provides the substantive changes to the principal Regulations.
Firstly, Item 1 of Schedule 1 updates the title of the principal Regulations to the 'Sex Discrimination Regulations 1984', reflecting a contemporary drafting style. Item 2 modifies the heading of regulation 3 in the principal Regulations to remove references to 'combat-related duties', so that it now simply reads 'Combat duties'. Finally, Item 3 deletes regulation 3(2) of the principal Regulations, which had previously listed specific duties as 'combat-related duties' for the purposes of section 43 of the Act. These amendments collectively ensure that the principal Regulations no longer contain any mention of 'combat-related duties', aligning with the legislative changes made in 1995.
The Regulations impose certain obligations on parties governed by the principal Regulations, requiring them to comply with the updated terms. Specifically, entities subject to the Sex Discrimination Act must ensure that their practices and policies are consistent with the amended Regulations. This includes updating any internal documents, policies, or procedures that still reference 'combat-related duties', ensuring that such references are removed or updated to reflect the current legal framework.
Failure to comply with the Regulations may lead to legal consequences, although the Act itself does not specify penalties for breaches of the Regulations. However, under the general provisions of the Sex Discrimination Act, breaches of the Act or its Regulations could result in civil or criminal penalties. For civil actions, parties who have suffered discrimination may seek redress through the Australian Human Rights Commission or the Federal Court. The Federal Court may impose penalties or issue orders, such as requiring the payment of compensation, the cessation of discriminatory practices, or the implementation of specific measures to address the discrimination. For criminal offences, the maximum penalties can vary depending on the nature and severity of the breach but generally include fines and imprisonment terms as stipulated in the Act.