The Sex Discrimination Act 1984 (SDA) makes it unlawful 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 or because they are breastfeeding. For more information, see the fact sheet Sexual orientation, gender identity and intersex status discrimination at www.humanrights.gov.au/employers. The SDA also makes sexual harassment against the law.
The ‘Right to Disconnect’ law is soon to take effect. Posted April 2024.
The Australian Parliament passed the ‘Right to Disconnect’ law on 12 February 2024. It is set to take effect on 26 August 2024 (or 26 August 2025 for small businesses). This amendment to the Fair Work Act is designed to enhance work-life balance by regulating out-of-hours contact with employees. Industry Legal explains this law and helps members navigate any grey areas.
*Right to Disconnect fact sheet
The positive duty and changes to domestic violence leave are now in place. Posted March 2024.
Emma Dalley from Industry Legal talks to Optometry Australia Advisor Sophie Koh about the latest changes workplace legislation regarding:
* The positive duty
* Domestic violence leave
The positive duty. Posted December 2023.
Under the SDA, businesses have a positive duty to eliminate discrimination, sexual harassment and victimisation in the workplace. The Australian Human Rights Commission (AHRC) has new powers to investigate and enforce compliance with the positive duty, as of 12 December 2023.
As part of Optometry Australia’s commitment to creating a culture of Respect. Always! we have prepared this resource to guide members in collating a compliant ‘Prevention and Response Plan’.
Fair Work Legislation Amendment (Closing Loopholes) Bill 2023. Posted October 2023.
Significant changes to the Fair Work Act 2009 (FW Act) are proposed. While potential passage of the Bill will not take place until 2024, a summary of all proposed changes can be viewed at the link below. You can also check the Fair Work website here for changes as they are made.
Relevant to Respect. Always! is Strengthening Protections against Discrimination to include ‘subjection to family and domestic violence’ as a protected attribute under the FW Act.
As of 15 December 2023, it’s unlawful for an employer to take adverse action (including dismissal) against an employee because the employee is (or has been) experiencing family and domestic violence.
This discrimination protection also applies to potential future employees. Awards and enterprise agreements must also not include terms that discriminate against an employee because they’re experiencing (or have experienced) family and domestic violence.
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In the spirit of reconciliation Optometry Australia acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respects to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.