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Sex Discrimination

What is prohibited (unlawful) by the Sex Discrimination Act 1984 (Cth)?
- To discriminate against a person because of their:
- Sex
- Gender Identity
- Intersex Status
- Sexual Orientation
- Marital or Relationship Status
- Family Responsibilities
- Because they are pregnant or might become pregnant
- Because they are breastfeeding.
In what areas of life is such discrimination unlawful?
- Public Life
- Employment
- Education
- Getting or using services
- Renting or buying a house or unit
Read ‘Employment and potential employees’. Provide examples of sex discrimination that can occur in the workplace.
- not hiring a woman because the employer thinks she won’t fit into a ‘traditionally’ male workplace
- not paying a woman the same salary as a man for doing the same work
- not providing the same opportunities for training, mentoring or promotion
- allocating work tasks based on a person’s sex.
Differentiate between direct and indirect discrimination.
- Direct Discrimination happens when a person is treated less favourable than another person because of their sex, gender identity, intersex status, sexual orientation, marital, or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities
- Indirect Discrimination can be less obvious. It can happen when employers or service providers put in place conditions, requirements or practices which appear to treat everyone equally but which actually disadvantage some people because of their sex, marital, or relationship status, breastfeeding, pregnancy or potential pregnancy. If the condition or requirement is unreasonable, it could be unlawful discrimination.
Read ‘What is sexual harassment’. Define this and provide three examples.
- Unwelcome sexual behaviour which a reasonable person would anticipate would make someone feel offended, humiliated, or intimidated. It has nothing to do with mutual attraction or consensual behaviour
- Stroking

Legal Capacity

Activity	Minimum Age	Details
Leave school	After year 10 or after age of 17	After Year 10 and until the age of 17, students must be:- in school, or registered for home schooling - in approved education or training - in full-time, paid employment (average 25 hours/week) - in a combination of these three.
Move out of home	Any age	(as long as you have a safe place to live and enough money to live on)
Change your name	18 or any age with both parents or guardian and your OK
Get a full-time job	after you finish year 10 or turn 17	If you have finished year 10 but haven’t turned 17 yet, you need to:do some other form of education or training, or
work at least 25 hours a week, or
do a combination of work, education, and training.
Get a tattoo	18 or 16 with a parent or guardian’s OK
Drink alcohol (at home, parties, public venues and licensed premises)	18+
Get a passport	You can get a passport at any age with parental consent. Otherwise, you usually need to be 18 years old. If you are under the age of 18, then you cannot apply for a passport without your parent(s) consent or the consent of all people with parental responsibility for you.
Drive a car	16+
Open a Snapchat account	13+
Be charged with a criminal offence	10

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Legal Rights and Responsibility

Sex Discrimination

What is prohibited (unlawful) by the Sex Discrimination Act 1984 (Cth)?
- To discriminate against a person because of their:
- Sex
- Gender Identity
- Intersex Status
- Sexual Orientation
- Marital or Relationship Status
- Family Responsibilities
- Because they are pregnant or might become pregnant
- Because they are breastfeeding.
In what areas of life is such discrimination unlawful?
- Public Life
- Employment
- Education
- Getting or using services
- Renting or buying a house or unit
Read ‘Employment and potential employees’. Provide examples of sex discrimination that can occur in the workplace.
- not hiring a woman because the employer thinks she won’t fit into a ‘traditionally’ male workplace
- not paying a woman the same salary as a man for doing the same work
- not providing the same opportunities for training, mentoring or promotion
- allocating work tasks based on a person’s sex.
Differentiate between direct and indirect discrimination.
- Direct Discrimination happens when a person is treated less favourable than another person because of their sex, gender identity, intersex status, sexual orientation, marital, or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities
- Indirect Discrimination can be less obvious. It can happen when employers or service providers put in place conditions, requirements or practices which appear to treat everyone equally but which actually disadvantage some people because of their sex, marital, or relationship status, breastfeeding, pregnancy or potential pregnancy. If the condition or requirement is unreasonable, it could be unlawful discrimination.
Read ‘What is sexual harassment’. Define this and provide three examples.
- Unwelcome sexual behaviour which a reasonable person would anticipate would make someone feel offended, humiliated, or intimidated. It has nothing to do with mutual attraction or consensual behaviour
- Stroking

Legal Capacity

Activity	Minimum Age	Details
Leave school	After year 10 or after age of 17	After Year 10 and until the age of 17, students must be:- in school, or registered for home schooling - in approved education or training - in full-time, paid employment (average 25 hours/week) - in a combination of these three.
Move out of home	Any age	(as long as you have a safe place to live and enough money to live on)
Change your name	18 or any age with both parents or guardian and your OK
Get a full-time job	after you finish year 10 or turn 17	If you have finished year 10 but haven’t turned 17 yet, you need to:do some other form of education or training, or
work at least 25 hours a week, or
do a combination of work, education, and training.
Get a tattoo	18 or 16 with a parent or guardian’s OK
Drink alcohol (at home, parties, public venues and licensed premises)	18+
Get a passport	You can get a passport at any age with parental consent. Otherwise, you usually need to be 18 years old. If you are under the age of 18, then you cannot apply for a passport without your parent(s) consent or the consent of all people with parental responsibility for you.
Drive a car	16+
Open a Snapchat account	13+
Be charged with a criminal offence	10

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