Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2002-03-04
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF
REPRESENTATIVES
SEX
DISCRIMINATION AMENDMENT (TEACHING PROFESSION) BILL (No. 2)
2004
EXPLANATORY MEMORANDUM
(Circulated by authority of the Attorney-General,
the
Honourable Philip Ruddock MP)
SEX DISCRIMINATION AMENDMENT
(TEACHING
PROFESSION) BILL (No. 2) 2004
OUTLINE
The purpose of the Bill is to facilitate measures to
address the problem of imbalance in the number of male and female school
teachers, and the effect of that imbalance on the education of male school
students in particular.
The existing provisions of the Sex
Discrimination Act 1984 which prohibit discrimination on the basis of sex,
including in education, do not allow positive discrimination to redress the
gender imbalance in the teaching profession, particularly the shortage of males
in pre-school and primary school teaching.
This Bill would amend the
Sex Discrimination Act 1984 to permit the provision of scholarships to
persons of one sex in relation to courses in school teaching in Australia to
redress gender imbalance in teaching.
Financial impact statement
The amendments made by the Sex
Discrimination Amendment (Teaching Profession) Bill (No. 2) 2004 have no
significant financial impact.
NOTES ON CLAUSES
Clause 1: Short title
This clause provides that the Act
will be called the Sex Discrimination Amendment (Teaching Profession) Act
(No. 2) 2004.
Clause 2: Commencement
This clause
provides that the Act will commence on the day on which it receives the Royal
Assent.
Clause 3: Schedule(s)
This clause provides that
each Act that is specified in a Schedule is amended as set out in that
Schedule.
Schedule 1 - Amendments
Sex Discrimination
Act 1984
Item 1 of Schedule 1 inserts a new section 38A in the
Sex Discrimination Act 1984.
Divisions 1 and 2 of Part 2 of the
Sex Discrimination Act 1984 contain prohibitions on discrimination in
work and other areas, including education. Division 4 of Part 2 of the Act
contains exemptions.
The purpose of proposed section 38A is to permit
measures for achieving a gender balance in the teaching profession. Section 38A
would establish that a person may offer scholarships for persons of a particular
gender in respect of participation in a teaching course. Section 38A would
apply only if the purpose is to redress a gender imbalance in teaching, that is,
an imbalance in the ratio of male to female teachers in schools in Australia.
Section 38A would permit region or sector specific initiatives.
The
word ‘person’ is defined in section 22 of the
Acts Interpretation Act 1901 as including a natural person, a body
corporate and a body politic.
A scholarship is defined in subsection
38A(2) to include assistance or support that is similar to a scholarship. This
definition is intended to avoid an interpretation of ‘scholarship’
which might artificially narrow the scope of the provision.
A teaching
course is defined in subsection 38A(2) to mean a course of study that leads to a
qualification for teaching students at schools in Australia.
This means
that educational authorities and others can implement strategies for encouraging
male teachers into the profession in a manner consistent with the
Sex Discrimination Act 1984.
Section 38A is in gender neutral
terms and would allow discrimination in favour of females if a gender imbalance
in favour of males were to emerge generally or in a region or sector.