Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
1998–1999–2000
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Sex Discrimination
Legislation Amendment (Pregnancy and Work) Bill
2000
No. ,
2000
(Ms Macklin)
A
Bill for an Act to amend the law in respect of the prohibition of discrimination
against pregnant women in the workplace, and for related
purposes.
ISBN: 0642 430195
Contents
A Bill for an Act to amend the law in respect of the
prohibition of discrimination against pregnant women in the workplace, and for
related purposes.
The Parliament of Australia enacts:
This Act may be cited as the Sex Discrimination Legislation Amendment
(Pregnancy and Work) Act 2000.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Human
Rights and Equal Opportunity Commission Act 1986
1 At the end of subsection
46P(2)
Add:
; or (d) if the complaint is about an advertisement in connection with an
arrangement under paragraph 14(1)(a) of the Sex Discrimination Act
1984—by any person.
2 After paragraph
46PO(4)(d)
Insert:
(da) where the unlawful discrimination relates to pregnancy or potential
pregnancy—an order requiring a respondent to pay to an applicant exemplary
or punitive damages;
3 After subsection 46PW(6)
Insert:
(6A) The Sex Discrimination Commissioner may refer an award, certified
agreement or Australian Workplace Agreement to the Australian Industrial
Relations Commission without a complaint having been lodged with the Commission
if the Sex Discrimination Commissioner is of the opinion that the award is
discriminatory.
4 Section 48
Omit “or potential pregnancy” (wherever occurring), substitute
“potential pregnancy or breastfeeding”.
5 Paragraph 3(b)
Omit “or potential pregnancy”, substitute “, potential
pregnancy or breastfeeding”.
6 Subsection 4(1) (at the end of the definition
of “administrative office”)
Insert:
“breastfeeding” includes the act of breastfeeding a child;
expressing milk; a characteristic that appertains generally to women who are
breastfeeding; or a characteristic that is generally imputed to women who are
breastfeeding.
7 Subsection 4(1) (at the end of the definition
of employment)
Add:
and (d) unpaid or voluntary work, including under a scheme established
under a law or program of the Commonwealth.
8 After paragraph 4A(1)(b)
Add:
; or (c) a pending dependant child of the employee
9 After subsection 4A(2) (after the definition
of “immediate family member”)
Insert:
“pending dependent child” includes circumstances where an
employee is in the process of adopting a child or of taking responsibility for a
step child or an ex-nuptial child.
(1) For the purposes of this Act, a person (the
discriminator) discriminates against a woman (the aggrieved
woman) on the ground that the aggrieved woman is breastfeeding if,
because the aggrieved woman is breastfeeding, the discriminator treats the
aggrieved woman less favourably than, in circumstances that are the same or are
not materially different, the discriminator treats or would treat someone who is
not breastfeeding.
(2) For the purposes of this Act, a person (the
discriminator) discriminates against a woman (the aggrieved
woman) on the ground that the aggrieved woman is breastfeeding if the
discrimination imposes, or proposes to impose, a condition, requirement or
practice that has, or is likely to have, the effect of disadvantaging women who
are also breastfeeding.
(3) This section has effect subject to sections 7B and 7D.
11 Subsection 10(2)
Omit “or potential pregnancy”, substitute “, potential
pregnancy or breastfeeding”.
12 Subsection 11(2)
Omit “or potential pregnancy”, substitute “, potential
pregnancy or breastfeeding”.
13 Subsection 13(1)
Repeal the subsection.
14 Subsection 14(1)
After “potential pregnancy”, insert “or because the
person is breastfeeding her child”.
15 Subsection 14(2)
After “potential pregnancy”, insert “or because the
employee is breastfeeding her child”.
16 Subsection 15(1)
After “potential pregnancy”, insert “or because the
person is breastfeeding”.
17 Subsection 15(2)
After “potential pregnancy”, insert “or because the
commission agent is breastfeeding”.
18 Section 16
After “potential pregnancy”, insert “or because the
contract worker is breastfeeding”.
19 Subsections 17(1) and
(2)
After “potential pregnancy” (wherever occurring), insert
“or because the person is breastfeeding”.
20 Subsection 17(3)
After “potential pregnancy”, insert “or because the
partner is breastfeeding”.
21 Section 18
After “potential pregnancy”, insert “or because the
person is breastfeeding”.
22 Subsection 19(1)
After “potential pregnancy”, insert “or because the
person is breastfeeding”.
23 Subsection 19(2)
After “potential pregnancy”, insert “or because the
member is breastfeeding”.
24 Section 20
After “potential pregnancy”, insert “or because the
person is breastfeeding”.
25 Subsection 21(1)
After “potential pregnancy”, insert “or because the
person is breastfeeding”.
26 Subsection 21(2)
After “potential pregnancy”, insert “or because the
student is breastfeeding”.
27 Subsection 22(1)
After “potential pregnancy”, insert “or because that
other person is breastfeeding her child”.
28 Subsections 23(1) and
(2)
After “potential pregnancy” (wherever occurring), insert
“or because that other person is breastfeeding”.
29 Subsection 24(1)
After “potential pregnancy”, insert “or because that
other person is breastfeeding”.
30 Subsection 25(1)
After “potential pregnancy”, insert “or because the
person is breastfeeding”.
31 Subsection 25(2)
After “potential pregnancy”, insert “or because the
member is breastfeeding”.
32 Section 26
After “potential pregnancy”, insert “or because that
other person is breastfeeding”.
33 Subsection 27(1)
After “potential pregnancy”, insert “or because that
other person is breastfeeding”.
34 Subsection 27(1)
Omit “or potentially pregnant”, substitute “, potentially
pregnant or breastfeeding”.
35 After subsection 27(2)
Insert:
(2A) To avoid doubt, it is unlawful for a person to ask another person a
question (whether orally or in writing) in connection with the employment or
potential employment of that other person, which might reasonably be understood
as intended to elicit information about that person’s intentions in
relation to pregnancy, potential pregnancy or in relation to meeting that
person’s family commitments.
36 At the end of subsection
27(2)
Add:
; but it is unlawful to discriminate in a recruitment process on the basis
of that information.
37 After section 27
Insert:
(1) The Minister may formulate standards, to be known as pregnancy equity
standards, in relation to the employment of women who are pregnant or
potentially pregnant consistent with, and to give effect to, the Sex
Discrimination Act 1984.
(2) Pregnancy equity standards formulated in accordance with this section
are to be laid before each House of the Parliament within 15 sitting days of
that House after the pregnancy equity standards are formulated and take effect
only as provided by the following provisions of this section.
(3) If:
(a) notice of a motion to amend the pregnancy equity standards is given in
either House of the Parliament within 15 sitting days after the pregnancy equity
standards have been laid before that House; and
(b) the pregnancy equity standards, whether or not as amended, are
subsequently approved by that House; and
(c) the other House approves the pregnancy equity standards in the form
approved by the first-mentioned House;
the pregnancy equity standards take effect in the form so approved from the
day on which that other House approves the pregnancy equity standards in that
form.
(4) If no notice of a motion to amend the pregnancy equity standards is
given in the House of Representatives or the Senate within 15 sitting days of
the particular House after the pregnancy equity standards have been laid before
that House, the pregnancy equity standards take effect from the day immediately
after that 15th sitting day or, where that day differs in respect of each House,
the later of those days.
It is unlawful for a person to contravene a pregnancy equity
standard.
38 Subsections 38(1) and
(2)
Omit “, marital status or pregnancy” (wherever occurring),
substitute “or marital status”.
39 Subsection 38(3)
Omit “or pregnancy”.
40 At the end of section 38
Add:
(4) In this section, a reference to a person’s sex or marital status
does not include a reference to pregnancy or potential pregnancy.
41 Section 39
After “pregnancy”, insert “or because the person is
breastfeeding”.
——————————