Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to remove doubt that discrimination on the ground of
breastfeeding constitutes unlawful discrimination on the ground of sex. The
Anti-Discrimination Act 1977 provides that discrimination on the basis of a
characteristic that appertains generally to persons of a particular sex is discrimination
on the ground of sex. The Bill provides that breastfeeding is a characteristic that
appertains generally to women. Discrimination on the ground of sex is unlawful in
work, education, provision of goods and services (including in restaurants and cafes),
provision of accommodation and in registered clubs.

The Bill also defines breastfeeding as including the act of expressing breast milk.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.

Clause 3 is a formal provision that gives effect to the amendments to the
Anti-Discrimination Act 1977 set out in Schedule 1.

Clause 4 provides for the repeal of the proposed Act after the amendments made by
the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendments
Schedule 1 [1] removes doubt that discrimination on the ground of breastfeeding
constitutes unlawful sex discrimination. Discrimination on the ground of sex
includes treating a person less favourably on the ground of a characteristic that
appertains generally to persons of that sex and the amendment declares breastfeeding
to be a characteristic that appertains generally to women. The amendment also
provides that breastfeeding includes the act of expressing breast milk.

Schedule 1 [2] makes a consequential amendment to a provision about direct
discrimination. Direct discrimination occurs only when the circumstances of the
persons between whom discrimination occurs are the same or not materially
different. The purpose of the amendment is to make it clear that the mere fact that the
discrimination occurs between a man and a nursing mother does not of itself make
the circumstances materially different.

Schedule 1 [3] provides that a person (including an employer) is not to be treated as
having unlawfully discriminated against a man on the ground of sex by reason only
of the fact that the person grants a woman rights or privileges in connection with
breastfeeding.

Schedule 1 [4] provides for the making of savings and transitional regulations
consequent on the enactment of the proposed Act.

Schedule 1 [5] provides that the amendments made by the proposed Act do not apply
to or in respect of anything done or omitted to be done before the commencement of
the amendments.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

---

[Index] [Search] [Download] [Bill] [Help]