Australian Human Rights Commission everyone, everywhere, everyday



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at 26 May 2008

89 Newspoll, Out of School Hours Care Study (2008). Study jointly commissioned by National Foundation of Australian Women, the WomenSpeak Network, Security for Women, Women’s Information and Referral (Vic), Network of Community Activities (NSW), Queensland Children’s Activities Network and Human Rights and Equal Opportunity Commission.

90 See Section 10 of Human Rights and Equal Opportunity Commission, Submission to the Senate Legal and Constitutional Affairs Committee Inquiry into the effectiveness of the Sex Discrimination Act 1984 (Cth) in eliminating discrimination and promoting gender equality (2008). Available at http://www.humanrights.gov.au/legal/submissions/2008/20080901_SDA.html (viewed 6 February 2009).

91 See Human Rights and Equal Opportunity Commission, It’s About Time: Women, men, work and family (2007).

92 Human Rights and Equal Opportunity Commission, Gender Equality: What Matters to Australian Women and Men: The Listening Tour Community Report (2008); Human Rights and Equal Opportunity Commission, It's About Time: Women, Men, Work and Family: Final Paper (2007).

93 Human Rights and Equal Opportunity Commission, Gender Equality: What Matters to Australian Women and Men: The Listening Tour Community Report (2008).

94 See Chapter 7, Human Rights and Equal Opportunity Commission, It's About Time: Women, Men, Work and Family: Final Paper (2007) p 157.

95 Patricia Apps, Ray Rees and Margi Wood, ‘Population Ageing Taxation, Pensions and Health Costs’, (2007) 10(2) Australian Journal of Labour Economics p 83.

96 Human Rights and Equal Opportunity Commission, It's About Time: Women, Men, Work and Family: Final Paper (2007) p131.

97 Simon Kelly, 'Entering Retirement: the Financial Aspects' (Paper presented at the Communicating the Gendered Impact of Economic Policies: The Case of Women's Retirement Incomes, Perth, 12-13 December 2006)

98 Australian Institute of Health and Welfare, Older Australians at a Glance 4th edition (2007) p 24. Available at http://www.aihw.gov.au/publications/index.cfm/title/10402 (viewed 25 January 2009).

99 Department of Victorian Communities and Industrial Relations Victoria, Paving the Way for Older Women in the Workforce 2025 (2005)

100 See Chapter 2, Department of Victorian Communities and Industrial Relations Victoria, Paving the Way for Older Women in the Workforce 2025 (2005) p 17. Available at http://www.business.vic.gov.au/busvicwr/_assets/main/lib60079/wiwchapter2.pdf (viewed 25 January 2009).

101 These unpublished research findings were provided by Dr Barry Partridge to the Australian Human Rights Commission during the Commission’s consultations in the age discrimination area. Further information can be found at www.workplaceimages.com (viewed 17 February 2009).

102 See Executive Summary, Department of Victorian Communities and Industrial Relations Victoria, Paving the Way for Older Women in the Workforce 2025 (2005) p 7. Available at http://www.business.vic.gov.au/busvicwr/_assets/main/lib60079/wiwsummary.pdf (viewed 25 January 2009).

103 Australian Bureau of Statistics, Employment Arrangements, Retirement and Superannuation, Australia , Cat no. 6361.0 (2008) p14.

104 Human Rights and Equal Opportunity Commission, Gender Equality: What Matters to Australian Women and Men: The Listening Tour Community Report (2008)

105 The outcomes of these consultations are anticipated to be released in 2009.

106 Australian Institute of Health and Welfare, Older Australia at a glance (1997) p.44. Available at http://www.aihw.gov.au/publications/age/oag/oag-c21.html (viewed 11 February 2009).

107 Human Rights and Equal Opportunity Commission, Sex Discrimination Commissioner's Listening Tour - Women's focus group 7 (2008)

108 Human Rights and Equal Opportunity Commission, Gender Equality: What Matters to Australian Women and Men: The Listening Tour Community Report (2008); Human Rights and Equal Opportunity Commission, It's About Time: Women, Men, Work and Family: Final Paper (2007).

109 Australian Human Rights Commission, Submission to the Senate Education, Employment and Workplace Relations Committee for the Inquiry into the Fair Work Bill 2008 (2009) p 3. Available at http://www.humanrights.gov.au/legal/submissions/2009/20090123_Fair_Work.html#intro (viewed 11 February 2009).

For further information see Human Rights and Equal Opportunity Commission, Submission to the Senate Legal and Constitutional Affairs Committee Inquiry into the effectiveness of the Sex Discrimination Act 1984 (Cth) in eliminating discrimination and promoting gender equality (2008). Available at http://www.humanrights.gov.au/legal/submissions/2008/20080901_SDA.html (viewed 6 February 2009).

110 Sex Discrimination Act 1984 (Cth) ss 7A and 14(3A).

111 Submissions to the Women, Men, Work and Family project advocated the extension of ‘family responsibilities’ protection to all workers with carer responsibilities. See, for example, Women Lawyers Association of New South Wales, Submission 112, pp 9-10. This would provide protection to workers based on the nature of their responsibilities rather than the more arbitrary nature of their relationship to the person requiring care.

112 Senate Standing Committee on Legal and Constitutional Affairs, Parliament of Australia, Effectiveness of the Sex Discrimination Act 1984 in eliminating discrimination and promoting gender equality (2008), para 11.33. At http://www.aph.gov.au/Senate/committee/legcon_ctte/sex_discrim/report/index.htm (viewed 9 February 2009).

113 Ibid.

Senate Standing Committee on Legal and Constitutional Affairs, Parliament of Australia, Effectiveness of the Sex Discrimination Act 1984 in eliminating discrimination and promoting gender equality (2008), para 11.34. At http://www.aph.gov.au/Senate/committee/legcon_ctte/sex_discrim/report/index.htm (viewed 9 February 2009).

114 Australian Human Rights Commission, Submission to the Senate Education, Employment and Workplace Relations Committee for the Inquiry into the Fair Work Bill 2008 (2009). Available at http://www.humanrights.gov.au/legal/submissions/2009/20090123_Fair_Work.html#intro (viewed 11 February 2009).

115 Senate Standing Committee on Legal and Constitutional Affairs, Parliament of Australia, Effectiveness of the Sex Discrimination Act 1984 in eliminating discrimination and promoting gender equality (2008), para 11.34. Available at http://www.aph.gov.au/Senate/committee/legcon_ctte/sex_discrim/report/index.htm (viewed 9 February 2009).

116 Australian Human Rights Commission, Submission to the Senate Education, Employment and Workplace Relations Committee for the Inquiry into the Fair Work Bill 2008 (2009). Available at http://www.humanrights.gov.au/legal/submissions/2009/20090123_Fair_Work.html#intro (viewed 11 February 2009).

117 For further information see Human Rights and Equal Opportunity Commission, Submission to the Productivity Commission Inquiry into Paid Maternity, Paternity, and Parental Leave (2008). Available at http://www.hreoc.gov.au/legal/submissions/2008/20080602_productivity.html (viewed 6 February 2009).

118 For further information see Human Rights and Equal Opportunity Commission, Submission to the Productivity Commission Inquiry into Paid Maternity, Paternity and Parental Leave (2008). At http://www.humanrights.gov.au/legal/submissions/2008/20081124_maternity.html (viewed 6 February 2009).

119 Human Rights and Equal Opportunity Commission, It's About Time: Women, Men, Work and Family: Final Paper (2007) p 133.

120 Patricia Apps, Women and Retirement Incomes (2009) p 8. Available at http://nfaw.org.au/assets/Socialpolicy/Tax/retPA.pdf (viewed 2 February 2009).

121 Human Rights and Equal Opportunity Commission, Submission to the House of Representatives Standing Committee on Employment and Workplace Relations on the Inquiry into pay equity and associated issues related to increasing female participation in the workforce (2008). Available at http://www.humanrights.gov.au/legal/submissions/2008/20080923_pay_equity.html (viewed 6 February 2009).

122 Women in Economic & Social Research (WiSER), Women’s pay and conditions in an era of changing workplace regulations: Towards a “Women’s Employment Status Key Indicators” (WESKI) database (2006) p 21.

123 Human Rights and Equal Opportunity Commission, It's About Time: Women, Men, Work and Family: Final Paper (2007) p 144.

124 Therese Jefferson and Alison Preston Siobhan Austen, Women and Australia's Retirement Income System (2002) p 36.

125 Ibid p 35.

126 Rhonda Sharp and Siobhan Austen, ‘The 2006 Federal Budget: A Gender Analysis of the Superannuation Taxation Concessions’ (2007) 10(2) Australian Journal of Labour Economics p 73;

  1. Therese Jefferson and Alison Preston Siobhan Austen, Women and Australia's Retirement Income System (2002) p.33.

127 Therese Jefferson and Alison Preston Siobhan Austen, Women and Australia's Retirement Income System (2002); Robert Tanton, Yogi Vidyattama, Justine McNamara, Quoc Ngu Vu and Ann Harding, Old Single and Poor: Using Microsimulation and Microdata to Analyse Poverty and the Impact of Policy Change Among Older Australians (2008) p 15. Available at https://guard.canberra.edu.au/natsem/index.php?mode=download&file_id=880 (viewed 9 February 2009).

128 According to the World Bank, ‘First, all pension systems should, in principle, have elements that provide basic income security and poverty alleviation across the full breadth of the income distribution.’ Robert Holzmann and Richard Hinz, Old-Age Income Support in the 21st Century: An International Perspective on Pension Systems and Reform (2005) p 1.

  1. Ross Clare, Retirement Savings Update (2008) p 3. Available at http://www.superannuation.asn.au/Reports/default.aspx (viewed 11 February 2009).

129 UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment 19: The Right to Social Security, E/C.12/GC/19 (2007) paras 9-28.

130 This study uses the 50% of median income as the poverty measure. Robert Tanton, Yogi Vidyattama, Justine McNamara, Quoc Ngu Vu and Ann Harding, Old Single and Poor: Using Microsimulation and Microdata to Analyse Poverty and the Impact of Policy Change Among Older Australians (2008) p 15. Available at https://guard.canberra.edu.au/natsem/index.php?mode=download&file_id=880 (viewed 9 February 2009).

131 UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment 19: The Right to Social Security, E/C.12/GC/19 (2007) para 20.

132 Rhonda Sharp and Siobhan Austen, ‘The 2006 Federal Budget: A Gender Analysis of the Superannuation Taxation Concessions’ (2007) 10(2) Australian Journal of Labour Economics p 73.

133 UNIFEM, ‘Tools for Gender-Sensitive Analysis of Budgets’, April 2005.at http://www.idrc.ca/uploads/user-S/11279431651Tools_for_Gender-Sensitive_Analysis_of_Budgets.pdf (viewed 3 February 2009).

134 UN Commission on the Status of Women, Agreed Conclusions on Financing for Gender Equality and the Empowerment of Women, para 21(p), UN Doc E/CN.6/2008/L.8, available at: <http://www.un.org/womenwatch/daw/csw/csw52/AC_resolutions/L.8_Advance%20unedited_as%20corrected.pdf>.

Unifem, ‘Tools for Gender-Sensitive Analysis of Budgets’, at http://www.idrc.ca/uploads/user-S/11279431651Tools_for_Gender-Sensitive_Analysis_of_Budgets.pdf (viewed 3 February 2009),

135 CESCR, General Comment 16, para 35.

136 Convention on the Elimination of All Forms of Discrimination Against Women, opened for signature 18 December 1979, 1249 UNTS 13 (entered into force 3 September 1981) art 4.

137 Diana Olsberg, Ms...ing Out? Women and Retirement Savings: A Position Paper Prepared by the University of NSW Research Centre on Ageing & Retirement, Sydney, Australia for the Economic Policy Summit (2001) p 63.

138 Australian Bureau of Statistics, Labour Force, Australia, Spreadsheets, Jan 2009, Cat no.  6202.0.55.001 (2009). Available at http://www.abs.gov.au/AUSSTATS/abs@.nsf/DetailsPage/6202.0.55.001Jan%202009?OpenDocument (viewed 13 February 2009).

Diana Olsberg, Ms...ing Out? Women and Retirement Savings: A Position Paper Prepared by the University of NSW Research Centre on Ageing & Retirement, Sydney, Australia for the Economic Policy Summit (2001) p 63; Ross Clare, Women and Superannuation (2001) p 33. Available at http://www.superannuation.asn.au/Reports/default.aspx (viewed 11 February 2009).

139 Australian Prudential Regulatory Authority, A recent history of superannuation in Australia (2007) p 6. Available at http://www.apra.gov.au/insight/upload/history-of-superannuation.pdf (viewed 11 February 2009).

Equal Opportunity for Women in the Workplace Agency, 2008 EOWA Australian Census of Women in Leadership (2008) p 22. Available at http://www.eowa.gov.au/Australian_Women_In_Leadership_Census/2008_Australian_Women_In_Leadership_Census/Media_Kit/EOWA_Census_2008_Publication.pdf (viewed 11 February 2009).

140 Ibid p 5.

141 Committee on the Elimination of Discrimination against Women, General Recommendation No. 23: Political and Public Life, A/52/38 (1997) para 17.

142 Catalyst, Advancing Women Leaders: The Connection Between Women Board Directors and Women Corporate Officers (2008); McKinsey and Company, Women Matter: Gender diversity, a corporate performance driver (2007).

143 Catalyst, Advancing Women Leaders: The Connection Between Women Board Directors and Women Corporate Officers (2008) p 4.

144 Convention on the Elimination of All Forms of Discrimination Against Women, opened for signature 18 December 1979, 1249 UNTS 13 (entered into force 3 September 1981) art 4 (1).

145 Committee on the Elimination of Discrimination against Women, General Recommendation No. 23: Political and Public Life, A/52/38 (1997) para 15.

146 Ministry of Children and Equality, Government of Norway, Balanced gender representation on company boards (2008). Available at http://www.regjeringen.no/en/dep/bld/Topics/Equality/kjonn_og_makt/Balanced-gender-representation-on-compan.html?id=1250 (viewed 12 February 2009).

147 Superannuation Industry (Supervision) Act 1993 (Cth) s 89.

148 The Sex Discrimination Commissioner has now conducted two periodic National Telephone Surveys on the nature and extent of sexual harassment in Australia. The first study in 2003 was the first major population-based research to measure the incidence of sexual harassment in Australian workplaces. The 2008 study provided an assessment of trends in the incidence and nature of sexual harassment in the preceding five years. For further information see Human Rights and Equal Opportunity Commission, Sexual harassment: Serious business, Results of the 2008 Sexual Harassment National Telephone Survey (2008). Available at http://www.humanrights.gov.au/sexualharassment/serious_business/index.html (viewed 25 February 2009).

149 Human Rights and Equal Opportunity Commission, Submission to the Senate Legal and Constitutional Affairs Committee Inquiry into the effectiveness of the Sex Discrimination Act 1984 (Cth) in eliminating discrimination and promoting gender equality (2008) (‘SDA Submission (2008)’) . At http://www.humanrights.gov.au/legal/submissions/2008/20080901_SDA.html (viewed 6 February 2009).

150 Senate Standing Committee on Legal and Constitutional Affairs, Parliament of Australia, Effectiveness of the Sex Discrimination Act 1984 in eliminating discrimination and promoting gender equality (2008), paras 11.87-11.90. At http://www.aph.gov.au/Senate/committee/legcon_ctte/sex_discrim/report/index.htm (viewed 9 February 2009).

151 Ibid.

152 Sex Discrimination Act 1984 (Cth) s41A(i)A.

153 Sex Discrimination Act 1984 (Cth) ss41A(ii).

154 Sex Discrimination Act 1984 (Cth) ss41A(iii).

155 Senate Standing Committee on Legal and Constitutional Affairs, Parliament of Australia, Effectiveness of the Sex Discrimination Act 1984 in eliminating discrimination and promoting gender equality (2008), para 11.98. At http://www.aph.gov.au/Senate/committee/legcon_ctte/sex_discrim/report/index.htm (viewed 9 February 2009).

156 Ibid.

Human Rights and

Equal Opportunity

Commission

ABN 47 996 232 602

Level 8 Piccadilly Tower

133 Castlereagh Street

Sydney NSW 2001

GPO Box 5218

Sydney NSW 2001

General enquiries

Complaints infoline

TTY


www.humanrights.gov.au

1300 369 711

1300 656 419

1800 620 241




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