Are there laws against gender discrimination in Australia?

Yes, there are laws against gender discrimination in Australia, operating at both federal and state level. The Sex Discrimination Act 1984 (Cth) is the main federal law, supplemented by state and territory anti-discrimination acts that mirror or extend its protections. Together they create a comprehensive legal framework against discrimination based on sex, gender identity, and related attributes.

The Sex Discrimination Act prohibits direct discrimination (treating someone less favourably because of a protected attribute) and indirect discrimination (applying a requirement that disadvantages people with a protected attribute, without sufficient justification). Protected attributes under the Act include sex, gender identity, intersex status, sexual orientation, marital or relationship status, family responsibilities, pregnancy, breastfeeding, and potential pregnancy. The Act covers employment, education, accommodation, the provision of goods and services, the administration of Commonwealth laws and programmes, sport in some respects, and clubs.

Sexual harassment is unlawful under the same Act. The 2021 amendments following the Respect@Work report by then Sex Discrimination Commissioner Kate Jenkins made sexual harassment expressly unlawful in connection with work, defined victimisation more comprehensively, and (in 2023) introduced a positive duty on employers to take reasonable and proportionate measures to eliminate unlawful conduct including sexual harassment. The Australian Human Rights Commission received compliance and enforcement powers from late 2023.

State and territory laws add further protections. The Anti-Discrimination Act 1977 (NSW), the Equal Opportunity Act 2010 (Vic), the Anti-Discrimination Act 1991 (Qld), and equivalents in other states all prohibit discrimination on similar grounds. Some state laws cover additional attributes, such as trans and gender-diverse status under the Equal Opportunity Act 2010 (Vic). Complaints can be made to the Australian Human Rights Commission or the relevant state body, which conducts free conciliation. If conciliation fails, the matter can go to the Federal Court or the relevant state tribunal, with remedies including compensation, reinstatement, training programmes, and policy changes.