Sex Discrimination Regulations 1984

Administered by Attorney-General's Department

Legislation au F1997B02183 Regulations Not in force Legislative Instrument

Legislation content

Sex Discrimination Regulations 1984

Statutory Rules No. 181, 1984

made under the

Sex Discrimination Act 1984

Compilation No. 8

Compilation date:   19 December 2017

Includes amendments up to: F2017L01652

Registered:    2 January 2018

 

About this compilation

This compilation

This is a compilation of the Sex Discrimination Regulations 1984 that shows the text of the law as amended and in force on 19 December 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name of Regulations

2 Interpretation

3 Combat duties

4 Care or services that are Commonwealthfunded aged care

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name of Regulations

  These Regulations are the Sex Discrimination Regulations 1984.

2  Interpretation

  In these Regulations, the Act means the Sex Discrimination Act 1984.

3  Combat duties

 (1) The following duties (in this regulation referred to as combat duties) are declared to be combat duties for the purposes of section 43 of the Act, namely, duties requiring a person to commit, or to participate directly in the commission of, an act of violence against an adversary in time of war.

 (3) In this regulation, time of war has the same meaning as in the Defence Act 1903.

4  Care or services that are Commonwealth‑funded aged care

 (1) This regulation sets out classes of care or services prescribed for the purposes of paragraph (c) of the definition of Commonwealthfunded aged care in subsection 4(1) of the Act.

 (2) Care or services in relation to which the Commonwealth has made, or is to make, payments for the purposes of a program referred to in any of the following table items in Part 4 of Schedule 1AA to the Financial Framework (Supplementary Powers) Regulations 1997 are prescribed:

 (a) table item 415.016 (access and information);

 (b) table item 415.017 (home support);

 (c) table item 415.018 (residential and flexible care);

 (d) table item 415.019 (workforce and quality);

 (e) table item 415.020 (ageing and service improvement).

 (3) Aged care or services (or similar care or services) that are provided under any of the following instruments, and in relation to which the Commonwealth has made, or is to make, payments to the provider of the care or services, are prescribed:

 (a) the Treatment Principles made under section 90 of the Veterans’ Entitlements Act 1986;

 (b) those Treatment Principles as modified by the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) (Modifications of the Treatment Principles) Instrument 2013 made under section 16 of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006;

 (c) the MRCA Treatment Principles made under section 286 of the Military Rehabilitation and Compensation Act 2004.

 (4) Aged care or services (or similar care or services) that are provided under an arrangement made under Part V of the Veterans’ Entitlements Act 1986, and in relation to which the Commonwealth has made, or is to make, payments to the provider of the care or services, are prescribed.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

Endnote 3—Legislation history

 

Number and year

Registration

Commencement

Application, saving and transitional provisions

181, 1984

3 Aug 1984

3 Aug 1984

 

56, 1987

1 May 1987

1 May 1987

118, 2001

6 June 2001

6 June 2001

197, 2013

31 July 2013 (F2013L01480)

Sch 1: 1 Aug 2013 (s 2)

109, 2014

24 July 2014 (F2014L01020)

Sch 1 (item 1): 1 Aug 2014 (s 2 item 2)
Remainder: 25 July 2014 (s 2 items 1, 3)

115, 2015

15 July 2015 (F2015L01151)

16 July 2015 (s 2(1) item 1)

 

Name

Registration

Commencement

Application, saving and transitional provisions

Sex Discrimination Amendment (Exemptions) Regulation 2016

16 Sept 2016 (F2016L01445)

17 Sept 2016 (s 2(1) item 1)

Veterans’ Affairs Legislation Amendment (British Commonwealth Occupation Force) Regulations 2017

18 Dec 2017 (F2017L01652)

Sch 1 (item 5): 19 Dec 2017 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

r 1.....................

rs No 118, 2001

r 3.....................

am No 118, 2001

r 4.....................

ad No 56, 1987

 

rs No 197, 2013

 

am No 115, 2015; F2017L01652

r 5.....................

ad No 197, 2013

 

am No 109, 2014; No 115, 2015

 

exp 31 July 2016 (r 5(2))

 

rs F2016L01445

 

rep 1 Aug 2017 (r 5(2))

Schedule.................

ad No 56, 1987

 

rep No 197, 2013

 

Overview

The Sex Discrimination Regulations 1984 were enacted to provide further detail and operational guidance in implementing the Sex Discrimination Act 1984, thereby addressing the gap in specific regulations needed to enforce the Act effectively. These Regulations were made by the Governor-General under the authority granted by the Act and were designed to ensure that the provisions of the Act could be more comprehensively applied in various contexts, particularly in areas like combat duties and Commonwealth-funded aged care. The policy objective behind these Regulations was to clarify the scope and application of the Act, ensuring it could be effectively enforced and that it covered necessary aspects such as defining combat duties and specifying classes of care or services that fall under Commonwealth-funded aged care. The Sex Discrimination Regulations 1984, as amended, provide a comprehensive framework to support the Sex Discrimination Act 1984 by detailing specific duties and services that are subject to its provisions. These Regulations were instrumental in addressing legislative gaps by clearly defining what constitutes combat duties and prescribing specific aged care services funded by the Commonwealth, thus ensuring that the Act's protections and prohibitions are applied uniformly across relevant sectors. The Regulations have been updated over the years to reflect changes in legislation and policy, ensuring continued relevance and effectiveness in preventing sex discrimination in Australia.

Scope and Application

The Sex Discrimination Regulations 1984, made under the Sex Discrimination Act 1984, apply to duties requiring a person to commit, or to participate directly in the commission of, an act of violence against an adversary in time of war, which are referred to as combat duties. These Regulations also set out classes of care or services prescribed for the purposes of the definition of Commonwealth-funded aged care in the Act, including care or services in relation to which the Commonwealth has made, or is to make, payments for the purposes of specific programs and care or services provided under certain instruments. These Regulations have a national jurisdictional reach and apply to all persons and entities within Australia. The Regulations may be extended or restricted through subordinate instruments, which are laws made under the authority of an Act. The Regulations do not specify any exclusions, exemptions, or thresholds. The Regulations have been amended several times, with the most recent amendments coming into effect on 19 December 2017. The effect of uncommenced amendments is not shown in the text of the compiled law, and any uncommenced amendments affecting the law are accessible on the Legislation Register.

Key Provisions

The Sex Discrimination Regulations 1984, under the Sex Discrimination Act 1984, outline specific duties and care services that are subject to the legislation. Section 3 of the Regulations defines combat duties as those requiring a person to commit, or participate in, an act of violence against an adversary in time of war, with time of war having the same meaning as in the Defence Act 1903. Section 4 specifies the classes of care or services that are considered Commonwealth-funded aged care, including those for which the Commonwealth makes payments for programs in the Financial Framework (Supplementary Powers) Regulations 1997, as well as care provided under certain instruments and arrangements under the Veterans’ Entitlements Act 1986. Entities and individuals governed by these Regulations must ensure that their activities comply with the defined combat duties and aged care services. This includes being aware of and adhering to the conditions under which the Commonwealth makes payments for specified programs and services. Specifically, entities must refrain from participating in acts of violence that fall under combat duties and ensure that any care or services provided under the specified Commonwealth-funded programs adhere to the criteria outlined in the Regulations. The Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches within the provided sections. However, breaches of the Sex Discrimination Act 1984, which these Regulations support, can lead to civil penalties, including compensation for the aggrieved party and orders to prevent future discrimination. In serious cases, the Commonwealth Director of Public Prosecutions may bring proceedings for criminal penalties, which could result in fines or imprisonment. The exact penalties are determined by the courts based on the severity and nature of the breach.

Legal classification tags

Area of Law
Anti-Discrimination Law
Employment & Labour Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Licensing & Registration
Reporting & Disclosure Obligations
Enforcement Powers

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Authorises

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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.