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Sex Discrimination Amendment (Pregnancy and Work) Bill 2003

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2002

 

 

The Parliament of the

Commonwealth of Australia

 

 

HOUSE OF REPRESENTATIVES

 

 

 

Sex Discrimination Amendment (Pregnancy and Work) Bill 2002

 

 

(Amendments to be moved by Mr McClelland)

 

(1)     Schedule 1, page 3 (before line 4), before item 1, insert:

1A  Paragraph 3(b)

Omit “or potential pregnancy”, substitute “, potential pregnancy or breastfeeding”.

(2)     Schedule 1, page 3 (after line 7), after item 1, insert:

1B  Subsection 4(1) (at the end of the definition of administrative offic e ”)

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.

(3)     Schedule 1, page 3 (after line 7), after item 1, insert:

1C  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.

(4)     Schedule 1, page 3 (after line 7), after item 1, insert:

1D  After paragraph 4A(1)(b)

Add:

                            ; or (c) a pending dependant child of the employee

(5)     Schedule 1, page 3 (after line 7), after item 1, insert:

1E  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.

(6)     Schedule 1, page 3 (after line 7), after item 1, insert:

1F  After section 7

7AA  Discrimination on the ground of breastfeeding

             (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.

(7)     Schedule 1, page 3 (after line 7), after item 1, insert:

1G  Subsection 10(2)

Omit “or potential pregnancy”, substitute “, potential pregnancy or breastfeeding”.

(8)     Schedule 1, page 3 (after line 7), after item 1, insert:

1H  Subsection 11(2)

Omit “or potential pregnancy”, substitute “, potential pregnancy or breastfeeding”.

(9)     Schedule 1, page 3 (after line 7), after item 1, insert:

1J  Subsection 13(1)

Repeal the subsection.

(10)   Schedule 1, page 3 (after line 7), after item 1, insert:

1K  Subsection 14(1)

After “potential pregnancy”, insert “or because the person is breastfeeding her child”.

(11)   Schedule 1, page 3 (after line 7), after item 1, insert:

1L  Subsection 14(2)

After “potential pregnancy”, insert “or because the employee is breastfeeding her child”.

(12)   Schedule 1, page 3 (after line 7), after item 1, insert:

1M  Subsection 15(1)

After “potential pregnancy”, insert “or because the person is breastfeeding”.

(13)   Schedule 1, page 3 (after line 7), after item 1, insert:

1N  Subsection 15(2)

After “potential pregnancy”, insert “or because the commission agent is breastfeeding”.

(14)   Schedule 1, page 3 (after line 7), after item 1, insert:

1O  Section 16

After “potential pregnancy”, insert “or because the contract worker is breastfeeding”.

(15)   Schedule 1, page 3 (after line 7), after item 1, insert:

1P  Subsections 17(1) and (2)

After “potential pregnancy” (wherever occurring), insert “or because the person is breastfeeding”.

(16)   Schedule 1, page 3 (after line 7), after item 1, insert:

1Q  Subsection 17(3)

After “potential pregnancy”, insert “or because the partner is breastfeeding”.

(17)   Schedule 1, page 3 (after line 7), after item 1, insert:

1R  Section 18

After “potential pregnancy”, insert “or because the person is breastfeeding”.

(18)   Schedule 1, page 3 (after line 7), after item 1, insert:

1S  Subsection 19(1)

After “potential pregnancy”, insert “or because the person is breastfeeding”.

(19)   Schedule 1, page 3 (after line 7), after item 1, insert:

1T  Subsection 19(2)

After “potential pregnancy”, insert “or because the member is breastfeeding”.

(20)   Schedule 1, page 3 (after line 7), after item 1, insert:

1V  Section 20

After “potential pregnancy”, insert “or because the person is breastfeeding”.

(21)   Schedule 1, page 3 (after line 7), after item 1, insert:

1U  Subsection 21(1)

After “potential pregnancy”, insert “or because the person is breastfeeding”.

(22)   Schedule 1, page 3 (after line 7), after item 1, insert:

1W  Subsection 21(2)

After “potential pregnancy”, insert “or because the student is breastfeeding”.

(23)   Schedule 1, page 3 (after line 7), after item 1, insert:

1X  Subsection 22(1)

After “potential pregnancy”, insert “or because that other person is breastfeeding her child”.

(24)   Schedule 1, page 3 (after line 7), after item 1, insert:

1Y  Subsections 23(1) and (2)

After “potential pregnancy” (wherever occurring), insert “or because that other person is breastfeeding”.

(25)   Schedule 1, page 3 (after line 7), after item 1, insert:

1Z  Subsection 24(1)

After “potential pregnancy”, insert “or because that other person is breastfeeding”.

(26)   Schedule 1, page 3 (after line 7), after item 1, insert:

1ZA  Subsection 25(1)

After “potential pregnancy”, insert “or because the person is breastfeeding”.

(27)   Schedule 1, page 3 (after line 7), after item 1, insert:

1ZB  Subsection 25(2)

After “potential pregnancy”, insert “or because the member is breastfeeding”.

(28)   Schedule 1, page 3 (after line 7), after item 1, insert:

1ZC  Section 26

After “potential pregnancy”, insert “or because that other person is breastfeeding”.

(29)   Schedule 1, item 2, page 3 (line 20), after “pregnancy”, insert “or because that other person is breastfeeding”.

(30)   Schedule 1, item 2, page 3 (line 24), omit “or potentially pregnant”, substitute “, potentially pregnant or breastfeeding”.

(31)   Schedule 1, page 3 (after line 34), after item 2, insert:

2A  At the end of subsection 27(2)

Add:

                ;  but it is unlawful to discriminate in a recruitment process on the basis of that information.

(32)   Schedule 1, page 4 (after line 6), after item 3, insert:

3A  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.

 (33)  Schedule 1, page 4 (after line 6), after item 3, insert:

3B  After section 27

Insert:

27A  Pregnancy equity standards

             (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.

27B  Unlawful to contravene pregnancy equity standards

                   It is unlawful for a person to contravene a pregnancy equity standard.

(34)   Schedule 1, page 4 (after line 6), after item 3, insert:

3C  Subsections 38(1) and (2)

Omit “, marital status or pregnancy” (wherever occurring), substitute “or marital status”.

(35)   Schedule 1, page 4 (after line 6), after item 3, insert:

3D  Subsection 38(3)

Omit “or pregnancy”.

(36)   Schedule 1, page 4 (after line 6), after item 3, insert:

3E  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.

(37)   Schedule 1, page 4 (after line 6), after item 3, insert:

3F  Section 39

                        After “pregnancy”, insert “or because the person is breastfeeding”.

 

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