Compliance Framework
Compliance Driver
Sex Discrimination Act 1984 (Cth)
Classification
Level 1
University-wide concern. Impacts on reputation and funding.
Associated Legislation
Associated Standards
Associated Codes
None
Associated Information
None
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Administrative Information
Administrative Body
Australian Human Rights Commission
Administrative Name
Ms Kate Jenkins, Sex Discrimination Commissioner
Administrative Address
Physical Address
Level 3
175 Pitt Street
Sydney NSW
Australia, 2000
Mailing Address
GPO Box 5218
Sydney NSW
Australia, 2001
Administrative Phone
02 9284 9600
1300 369 711
Administrative Email
communications@humanrights.gov.au
Administrative Website
https://www.humanrights.gov.au/our-work/sex-discrimination
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General Introduction
VC Compliance Delegate
Meredith Parry, Chief Operating Officer
Compliance Coordinator
Anthea White, Director People and Culture
Business Units Impacted
Overview
The Sex Discrimination Act 1984 gives effect to Australia’s international human rights obligations and promotes equality between women and men. The Act protects people from unfair treatment on the basis of their sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy and breastfeeding. It also protects workers with family responsibilities and makes sexual harassment against the law.
Compliance Obligations
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Comply with legislation
Description
Compliance with the legislation
Impacts
Negative impact on reputation.
Chapter 2 of the Criminal Code (general principles of criminal responsibility) applies to all offences against this Act.
The penalty for victimisation is:
a. Natural person: 25 penalty units or imprisonment for 3 months, or both.
b. Body corporate: 100 penalty units
Breach Impact Financial:
s.112 - Non-disclosure of private information - making record of, divulging, communicating or using information relating to affairs of another person acquired through office/employment under Act - 50 penalty units or imprisonment for 1 year, or both
s.94 - Victimisation - subjecting or threatening to subject person to detriment for making complaints, bringing proceedings, giving information, attending conferences, appearing as witnesses, asserting rights, or making allegations. Body corporate: 100 penalty units or Natural person: 25 penalty units or imprisonment for 3 months, or both
s.86 Advertisements - publishing/displaying advertisement indicating intention to do unlawful discriminatory act - 10 penalty units
s.87 Failure to provide actuarial or statistical data - failing to comply with requirement to disclose source of actuarial/statistical data - 10 penalty units
s.92 Particulars of complaints not to be communicated - making record of or divulging particulars of harassment complaints before inquiry commences - 10 penalty units
s.95 Obstruction etc - insulting, hindering, obstructing, molesting or interfering with person exercising power/performing function under Act - 10 penalty units
Breach Impact Non-Financial:
ss.14, 21, 22, 26, 27, 28B, 28F, 28G, 28M, 47A, 47C - Unlawful discrimination, harassment, hostile workplace environments, victimisation, or breach of positive duty - Complaint to Australian Human Rights Commission; Conciliation proceedings; Federal Court proceedings for damages, injunctions, other orders; Compliance notices and enforcement action by President under Part IIA
Executive Liability: Yes - Potential personal liability under s.105 for persons who cause, instruct, induce, aid or permit unlawful acts; Vicarious liability under s.106 for acts of employees/agents unless all reasonable steps taken to prevent.
Criminal Penalty/Offence: Yes.
Responsible Manager
Anthea White, Director People and Culture
Coordinating Officer
Anthea White, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Sexual Harm and Harassment Prevention and Response Policy
Prevention of Harassment, Bullying and Discrimination Policy
Protocol
None
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Vicarious Liability
Description
Under federal anti-discrimination law an employer may be legally responsible for discrimination and harassment which occurs in the workplace or in connection with a person's employment unless it can be shown that 'all reasonable steps' have been taken to reduce the liability.
Impacts
Chapter 2 of the Criminal Code (setting out the general principles of criminal responsibility) applies to all offences against this Act.
Breach Impact Financial:
s.112 - Non-disclosure of private information - making record of, divulging, communicating or using information relating to affairs of another person acquired through office/employment under Act - 50 penalty units or imprisonment for 1 year, or both
s.94 - Victimisation - subjecting or threatening to subject person to detriment for making complaints, bringing proceedings, giving information, attending conferences, appearing as witnesses, asserting rights, or making allegations. Body corporate: 100 penalty units or Natural person: 25 penalty units or imprisonment for 3 months, or both
s.86 Advertisements - publishing/displaying advertisement indicating intention to do unlawful discriminatory act - 10 penalty units
s.87 Failure to provide actuarial or statistical data - failing to comply with requirement to disclose source of actuarial/statistical data - 10 penalty units
s.92 Particulars of complaints not to be communicated - making record of or divulging particulars of harassment complaints before inquiry commences - 10 penalty units
s.95 Obstruction etc - insulting, hindering, obstructing, molesting or interfering with person exercising power/performing function under Act - 10 penalty units
Breach Impact Non-Financial:
ss.14, 21, 22, 26, 27, 28B, 28F, 28G, 28M, 47A, 47C - Unlawful discrimination, harassment, hostile workplace environments, victimisation, or breach of positive duty - Complaint to Australian Human Rights Commission; Conciliation proceedings; Federal Court proceedings for damages, injunctions, other orders; Compliance notices and enforcement action by President under Part IIA
Executive Liability: Yes - Potential personal liability under s.105 for persons who cause, instruct, induce, aid or permit unlawful acts; Vicarious liability under s.106 for acts of employees/agents unless all reasonable steps taken to prevent.
Criminal Penalty/Offence: Yes.
Responsible Manager
Anthea White, Director People and Culture
Coordinating Officer
Anthea White, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Sexual Harm and Harassment Prevention and Response Policy
Prevention of Harassment, Bullying and Discrimination Policy
Protocol
None
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
Compliance Overview