Federal Legislation

The Sex Discrimination Act 1984, can be found here:

http://www.austlii.edu.au/au/legis/cth/consol_act/sda1984209/

This act covers discrimination on a number of grounds and in a number of areas. The pertinent ground and area for the girl school uniform debate is sex and education.

While we encourage you to peruse the legislation document, we have outlined below the crucial areas for the girl school uniform debate:

Relevant sections for school uniforms:

Section 5  Sex discrimination

(1)  For the purposes of this Act, a person (in this subsection referred to as the discriminator) discriminates against another person (in this subsection referred to as the aggrieved person) on the ground of the sex of the aggrieved person if, by reason of:

(a)  the sex of the aggrieved person;

(b)  a characteristic that appertains generally to persons of the sex of the aggrieved person; or

(c)  a characteristic that is generally imputed to persons of the sex of the aggrieved person;

the discriminator treats the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person of a different sex.

(2)  For the purposes of this Act, a person (the discriminator ) discriminates against another person (the aggrieved person ) on the ground of the sex of the aggrieved person if the discriminator imposes, or proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging persons of the same sex as the aggrieved person.

(3)  This section has effect subject to sections 7B.

Section 7B  Indirect discrimination: reasonableness test

(1)  A person does not discriminate against another person by imposing, or proposing to impose, a condition, requirement or practice that has, or is likely to have, the disadvantaging effect mentioned in subsection 5(2), 5A(2), 5B(2), 5C(2), 6(2), 7(2) or 7AA(2) if the condition, requirement or practice is reasonable in the circumstances.

(2)  The matters to be taken into account in deciding whether a condition, requirement or practice is reasonable in the circumstances include:

(a)  the nature and extent of the disadvantage resulting from the imposition, or proposed imposition, of the condition, requirement or practice; and

(b)  the feasibility of overcoming or mitigating the disadvantage; and

(c)  whether the disadvantage is proportionate to the result sought by the person who imposes, or proposes to impose, the condition, requirement or practice.

Section 21  Education

(2)  It is unlawful for an educational authority to discriminate against a student on the ground of the student’s sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, or breastfeeding:

(a)  by denying the student access, or limiting the student’s access, to any benefit provided by the educational authority;

(b)  by expelling the student; or

(c)  by subjecting the student to any other detriment.