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UNITED CEDAW
NATIONS
Convention on the Elimination
of All Forms of Discrimination
against Women
Distr.
GENERAL
CEDAW/C/AUL/3
27 September 1995
ORIGINAL: ENGLISH
COMMITTEE ON THE ELIMINATION OF
DISCRIMINATION AGAINST WOMEN
(CEDAW)
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 18 OF THE CONVENTION
Third Periodic resorts of States Parties
AUSTRALIA*
*For the initial report submitted by the Government of Australia, see
CEDAW/C/5/Add.40 and Amend.1; for its consideration by the Committee, see
CEDAW/C/SR.114 and CEDAW/C/SR.118, and Official Records of the General
Assembly, Forty-third Session. Supplement No. 38 (A/43/38), paras. 397-457.
For the second periodic report submitted by the Government of Australia,
see CEDAW/C/AUL/2; for its consideration by the Committee, see
CEDAW/C/SR.251 and Official Records of the General Assembly. Forty-ninth
Session. Supplement No. 38 (A/49/38), paras. 370-412. This document has
been reproduced without formal editing.
CONTENTS
Introduction 4
THE CONTEXT OF THE OPERATION OF THE CONVENTION 4
New National Agenda for Women
Half Way to Equal - Report of the Inquiry into Equal Opportunity
and Equal Status of Women in Australia
Office of the Status of Women
Review of policy advising mechanisms on status of women issues
Reservations to the Convention
INDIVIDUAL ARTICLES OF THE CONVENTION: PROGRESS 8
ARTICLES 1-3 ELIMINATION OF DISCRIMINATION AGAINST WOMEN 8
Inquiry into equal opportunity and equal status for women
State and Territory initiatives for eliminating discrimination
ARTICLE 4 SPECIAL MEASURES 11
Review of the Affirmative Action Act
Affirmative action, government contracts and industry assistance programs
Equal employment opportunity in the Commonwealth public sector
Women's Budget Statement
Appointment of women
ARTICLE 5 ELIMINATION OF PREJUDICE 13
ELIMINATION OF STEREOTYPES
Portrayal of women in the media
Film and literature classification
Women in their diversity
VIOLENCE AGAINST WOMEN
National Committee on Violence Against Women
New State and Territory initiatives
Income support services to assist victims of domestic violence
National community education
State and Territory government education programs
Violence against Aboriginal and Torres Strait Islander women
Violence against women of non-English speaking background
Protection orders
Rape
Female Genital Mutilation
FAMILY EDUCATION
Gender equity
ARTICLE 6 EXPLOITATION AND TRAFFIC IN WOMEN 24
Regulation of prostitution
International trafficking
Serial sponsorship
Woman at Risk
ARTICLE 7 WOMEN IN Politics AND PUBLIC LIFE 27
Women in Politics
National Women's Consultative Council
ARTICLE 8 WOMEN AS INTERNATIONAL REPRESENTATIVES 29
ARTICLE 9 NATIONALITY 29
ARTICLE 10 ELIMINATION OF DISCRIMINATION IN EDUCATION 29
National Action Plan for the Education of Girls 1993-97
Open learning initiative
Technical and further education
ARTICLE 11 ELIMINATION OF DISCRIMINATION IN
EMPLOYMENT 31
Women in the labour market
Industrial relations
Superannuation
Discrimination in employment due to marriage or maternity
Maternity and parental leave
Age Pension
THE ARMED SERVICES
Army
Airforce
Navy
EMPLOYMENT RELATED EDUCATION AND TRAINING PROGRAMS
Labour Market Assistance Programs
Other retraining opportunities
Recognition of qualifications gained in countries other than Australia
WORK AND FAMILY
Jobs, Education and Training(JET) Program
CHILD CARE
ARTICLE 12 HEALTH CARE 40
National Women's Health Program
National Program for the Early Detection of Breast Cancer
Organised approach to the prevention of cancer of the cervix
Alternative Birthing Program
Indigenous women
Women of non-English speaking backgrounds
State and Territory initiatives
The health workforce
ARTICLE 13 WOMEN IN ECONOMIC, SOCIAL AND CULTURAL LIFE 44
Payments to partners
Women as carers
Housing
Women and credit
Women and economic equality
Sport
Media
Museums
Performing and visual arts
Environment
ARTICLE 14 RURAL WOMEN 48
Rural Access Program
Rural Health Support, Education and Training Program
Women from non-English speaking backgrounds
Violence against women
Telecentres
State and Territory initiatives
ARTICLE 15 EQUALITY BEFORE THE LAW 50
Law Reform Commission Inquiry - Equality Before the Law
Gender Awareness Raising Programs
State and Territory initiatives
ARTICLE 16 MARRIAGE AND FAMILY RELATIONS 52
International Year of the Family activities
Family Resources Centres
Assistance to families
Child Support Scheme
State and Territory initiatives
INTRODUCTION
In June 1992, Australia provided the United Nations with its second progress
report on implementing the Convention on the Elimination of All Forms of
Discrimination Against Women. That report, Women in Australia, contained a
detailed examination of achievements in Australia in implementing the
Convention and looked at the context in which the Convention operates.
As part of a program to raise awareness amongst the community of the
Convention the report was distributed widely throughout Australia to
individuals and women's organisations. As a further step in raising awareness
of the Convention, in November 1993, a booklet on the Convention was released,
written in simplified terms to make the Articles accessible and placing them
within an Australian context. The aim is to demonstrate the direct relevance
of the Convention to Australian women and women's organisations.
This supplementary report highlights significant activities and major
initiatives undertaken from June 1992 to November 1993 to further improve and
progress the status of women as well as activities planned for the next 12
months. The report has been designed to include only major legislative, policy
and program changes in the period concerned and is not intended to act as an
update of every aspect of the initial document.
THE CONTEXT OF THE OPERATION OF THE CONVENTION
Executive responsibility for the status of women in the Commonwealth
Government lies with the Prime Minister who is aided by the Minister Assisting
the Prime Minister for the Status of Women.
In March 1993, Australia held a Federal Election that saw the Government
returned. Prior to the election, the Minister Assisting was the Hon Wendy
Fatin, MP. Presently, the position is held by Senator Rosemary Crowley who is
also the Minister for Family Services.
Of note is that during the period leading up to the election, the platforms of
both major parties placed a significant emphasis on women's issues.
New National Agenda for Women
In February 1993, the Government released WOMEN - Shaping and Sharing the
Future: The New National Agenda for Women which effectively sets the direction
of activities for improving the status of women to the year 2000. The
Government adopted the first National Agenda for Women in 1988 in response to
the objectives of the Nairobi Forward Looking Strategies. The New National
Agenda reflects many of the articles of the Convention.
The New National Agenda provides a framework for achieving women's goals
through to the end of the century. In preparing the New National Agenda,
consultations were held with women in the community, representatives of
women's organisations and all areas of Government. It also incorporates the
findings of and responses to Half Way to Equal, the 1992 Parliamentary report
into equal opportunity and equal status for Australian women (discussed
below).
The New National Agenda focuses on both particular issues such as violence,
families, income security and international relations, as well as on groups of
women with particular needs - young women, women of non-English speaking
background, Aboriginal and Torres Strait Islander women older women, women in
rural and remote areas and women with disabilities. The Agenda examines
progress made in each area, women's vision and goals for the future and puts
forward strategies for achieving these goals.
Half Way to Equal - Report of the Inquiry into Equal Opportunity and Equal
Status for Women in Australia
An inquiry into equal opportunity and equal status for Australian women,
established in 1989 and conducted by the House of Representatives Standing
Committee on Legal and Constitutional Affairs, was completed in 1992. The
terms of reference of the inquiry were to investigate progress made towards
the achievement of equal opportunity and equal status of Australian women as
detailed in the 1988 National Agenda for Women and to examine the extent to
which the objectives of the Sex Discrimination Act 1984 have been achieved by
legislative or other means. The Committee examined the effective participation
by women, including young women, in decision making processes; the extent to
which women receive appropriate recognition for their contribution to society;
participation by women in the labour force including the efficacy of equal
employment opportunity schemes; participation by women in leisure and sport;
and, the extent to which young women are encouraged to participate equally in
society.
The Committee's report, Half Way to Equal, considered the present status of
Australian women and progress that had been made to date and made a number of
recommendations on how to further equal opportunity and equal status for
women.
The Government's response to Half Way to Equal was released in December 1992
by the Prime Minister and the then Minister Assisting the Prime Minister for
the Status of Women. All Commonwealth departments contributed to developing
the response and State and Territory governments and other organisations were
also consulted. The response affirmed support for the vast majority of the
Committee's recommendations. For each of the 79 recommendations, the
Government's attitude to it was stated, the current policy position was
described and a timetable for further action was set out. Three
recommendations, or parts of recommendations, were supported only in part, and
12 were identified for further consideration. Only six recommendations, or
parts of recommendations, were not supported. Many of the Committee's
recommendations were taken up in the New National Agenda for Women.
Recommendations for legislation affecting such areas as superannuation,
coverage of Federal awards and sexual harassment were the subject of a
Statement by the Prime Minister in September 1992. He subsequently introduced
legislation which effected far-reaching reform of the Sex Discrimination Act
1984. The reforms which took effect in February 1993, make the Act more
effective and ensure protection of women workers in enterprise bargaining.
Changes to the Act are described in detail later in this report, in the
discussion of Articles 1-3 of the Convention.
Office of the Status of Women
Policy advice to the Government is provided by the Office of the Status of
Women (OSW), which is a division of the Department of the Prime Minister and
Cabinet. OSW also initiates, coordinates and administers Government policies
and programs or projects designed to raise the status of women, advises the
Government on matters relevant to women and provides relevant information to
and about women.
One of the major responsibilities of OSW is the development and monitoring of
the National Agenda for Women. OSW also coordinated the Government's response
to Half Way to Equal and prepared Australia's second periodic report to the
CEDAW Committee.
Review of policy advising mechanisms on status of women issues
In May 1993, the Prime Minister announced that he had requested the Minister
Assisting the Prime Minister for the Status of Women to chair a review of the
Government's policy advising mechanisms on the status of women. The aim of the
review was to ensure that the Government's policy advising mechanisms remain
appropriate, effective and responsive to the changing needs and interests of
women.
The outcomes of the review were released on 18 October 1993. A copy of the
report to the Prime Minister is included in Appendix A. The review found that
there was strong support for OSW giving primacy to its policy advising role
and becoming a strategic policy unit focussing on a limited number of high
priority issues. There was also support for OSW conducting basic research to
detect and address 'fresh' issues and problems. To ensure the momentum for
advancing the status of women is maintained OSW will focus its activities as a
strategic policy division within the Department of the Prime Minister and
Cabinet. The Office will have a new organisational structure to underpin its
policy focus, including a standing policy taskforce to address issues of
longer term significance to women and increased resources devoted to policy
work.
To maximise effectiveness, it has been agreed that there will be an initial
focus on three broad policy areas as a priority. These are: women's employment
and economic security, with particular emphasis on superannuation; women and
public life, with particular emphasis on involvement of women in decision
making; and, women and the law, with particular emphasis on the elimination of
violence against women. OSW will also give high priority to monitoring the
implementation of policies of specific relevance to women announced during the
1993 election campaign, in particular the range of new child care policies and
the introduction of the home child care allowance.
OSW will also retain primary responsibility for Australia's participation in
international women's activities. Such activities will be maintained and
strengthened in the lead up to the United Nations Fourth World Conference on
Women.
The review also sets out an approach to consultation which is designed to be
effective and focused and to elicit the views of the diversity of Australian
women. There will be twice yearly Round Table Meetings of national women's
organisations and other organisations of particular relevance to women, hosted
by the Minister Assisting the Prime Minister for the Status of Women and
involve other Ministers as necessary. The meetings will give women's and other
relevant organisations the opportunity to raise issues directly with the
Government and will also provide a valuable channel fm regular feedback to
the these organisations on the issues they have raised.
Specific advisory committees will also be convened as necessary to assist the
Government with discrete tasks. The first such committee will be the
Australian Council for Women which will act as a focal point for Australia's
preparations for the United Nation's Fourth World Conference on Women.
In the light of this framework for consultation, the National Women's
Consultative Council, which has reached the end of its fourth term will no
longer continue to operate.
Reservations to the Convention
At the time the Convention entered into force for Australia in 1983, the
Australian Government advised that it was not in a position to take the
measures required by Article 11(2 b) to introduce maternity leave with pay or
with comparable social benefits throughout Australia. The Government also
advised that it does not accept the application of the Convention in so far as
it would require the application of Defence Force policy which excludes women
from combat and combat-related duties.
There have, however, been further developments in Australia's
position/policies with respect to these reservations and these are discussed
in Article 11.
INDIVIDUAL ARTICLES OF THE CONVENTION: PROGRESS
ARTICLES 1-3 ELIMINATION OF DISCRIMINATION
Inquiry into Equal Opportunity and Equal Status for Women
The House of Representatives Standing Committee on Legal and Constitutional
Affairs' Report of the Inquiry into Equal Opportunity and Equal Status for
Women in Australia, Half Way to Equal, contained a number of recommendations
on legislative changes required to advance the equality of women. Changes to
the provisions of sex discrimination legislation were implemented through the
Sex Discrimination and Other Legislation Amendment Act 1992. Changes include:
- The Sex Discrimination Act 1984, the Human Rights and Equal Opportunity
Act 1986 and the Racial Discrimination Act 1975 have been amended to allow
complaints of victimisation brought under those Acts to be conciliated by the
Human Rights and Equal Opportunity Commission. Previously, victimisation could
only be prosecuted as a criminal offence. While these provisions apply to all
complainants, women are the main users of the Sex Discrimination Act.
- Representative complaints provisions of the Sex Discrimination Act, the
Racial Discrimination Act and the Disability Discrimination Act 1992 have been
streamlined and brought into line with those of the Federal Court. A person
may now bring proceedings on behalf of a group of seven or more.
- A new definition of sexual harassment was inserted into the Sex
Discrimination Act so that a complainant need no longer demonstrate
disadvantage; it will be sufficient that the complainant was offended,
humiliated or intimidated by the behaviour in question and it was reasonable
to feel that way. The provisions extend to the same areas in which
discrimination on the basis of sex, marital status or pregnancy is unlawful,
and also proscribe sexual harassment of staff and adult students at
educational institutions.
- The Human Rights and Equal Opportunity Legislation Amendment Act (No. 2)
1992, which came into force on 13 January 1993, amended the Sex Discrimination
Act 1984 to prohibit the dismissal of an employee from her or his employment
on the grounds of family responsibilities. Family responsibilities are defined
by the Sex Discrimination Act as the responsibility to care for, or support, a
dependent child or any other immediate family member.
State and Territory Initiatives for eliminating discrimination
Tasmania
The Tasmanian Women's Consultative Council conducted a Phone-In on
Sex-Discrimination in September 1993. The aim of the phone-in was to:
- document instances of sex discrimination against women in Tasmania;
- identify areas in which discrimination on the basis of sex occurs in
Tasmania;
- identify the form and context of instances of sexual harassment in
Tasmania; and,
- document the mechanisms and processes that women have used to deal with
complaints about sex discrimination (ie to whom the discriminatory
behaviour was reported, what actions were taken, what outcomes were
achieved).
A report of the results of the phone-in will be submitted to the Tasmanian
Minister for the Status of Women for his consideration.
New South Wales
During a Cabinet reshuffle in late May 1993, the Premier of New South Wales
announced the establishment of the New South Wales Ministry for the
Advancement and Status of Women and the Minister for the Status of Women. A
Policy Unit within the Ministry is producing a Women's Policy Statement,
which will contain government initiatives to eliminate discrimination against
women and improve the status of women in New South Wales. The Policy Statement
will contain outcomes, performance indicators, mechanisms, targets and
responsibilities for implementation, ensuring a state-wide coordinated
response to women's policy issues. Monitoring and evaluation will be
carried out by the Ministry, with an annual report to Cabinet.
A Women's Information and Referral Exchange has been established within the
Ministry which will attempt to address women's needs for adequate information
about available resources, government programs and services. This will be a
pilot project and analysis of statistics gathered through the program over the
next twelve months will be used to inform policy development. Disadvantaged
and remote women are particular target groups.
Northern Territory
The Northern Territory Anti Discrimination Act was assented to on 18 December
1992 and commenced on 1 August 1993. A Commissioner for Anti Discrimination
appointed in July, will establish the Anti Discrimination Office.
Western Australia
The Western Australian Equal Opportunity Amendment Act 1992 which included age
discrimination and family responsibilities or status, was proclaimed on 8
January 1993. The Western Australian Equal Opportunity Commission advised that
in the first six months of 1993, 10 per cent of all complaints pertained to
age, family responsibilities or status and racial harassment.
A review of the women's interest program, completed in May 1993, examined the
existing roles of the Office of Women's Interests(OW[), Women's Advisory
Council and the Women's Information Service and identified future directions
for the Government's women's interests program. The review recommended that
OWI have a stronger policy formulation and co-ordinating role in the
development of strategic policy across Government. As a result of this
direction the operational structure of the OWI has been more clearly defined.
The Women's Advisory Council and the Women's Information Service functions
will enhance the policy development model to be applied in OWI. The Women's
Advisory Council will be extended to provide for increased community
consultation and representation on a regional basis so that issues of concern
to a broad range of women can be more readily identified.
Access to information will be refined through a central telephone service. The
'shop-front' service has been phased out in favour of monitoring access to
information provided by other sources, and there will be a community education
program to foster greater 'self help' and community participation.
Victoria
Measures to protect Victorian employees are now contained in the Employee
Relations Act 1992. This Act introduced new provisions with respect to laws
relating to employee relations, repealed the Industrial Relations Act 1979 and
amended other legislation including the Trade Unions Act 1958.
The legislation is intended to promote efficient and productive industry in
Victoria and an effective labour force. Objectives of the legislation are to
promote industrial harmony, protect fundamental civil liberties and provide a
framework for the settlement of disputes.
Victorian public sector employees are covered by the general industrial
framework established by the Employee Relations Act 1992. However legislation
specific to the public sector is the Public Sector Management Act 1992 which
repeals the Public Service Act.
The Public Sector Management Act is intended to promote a more efficient and
competent public sector. Principles of merit and equity are emphasised in the
Act particularly in relation to recruitment and appointment to higher duties
assignments.
The Act also provides an opportunity for the negotiation of flexible
arrangements to better accommodate those employees with family
responsibilities. Part time employment can be negotiated during pregnancy and
for a period after a child is born. Some sick leave entitlements may be taken
to care for a family member without the usual requirement of a medical
certificate.
Australian Capital Territory
The Australian Capital Territory Attorney-General's Department issued a
discussion paper on the issues and options for age discrimination law in the
Territory. The proposed amendment to the Discrimination Act 1991 would have
many implications for women in the Territory as the combination of age and sex
has often meant that women have been disadvantaged.
ARTICLE 4 SPECIAL MEASURES
Review of the Affirmative Action Act
The first major review of the Affirmative Action (Equal Employment Opportunity
for Women) Act 1986 was completed in 1992-93, resulting in legislative
amendments to expand its coverage and scope. For example, the exemption for
voluntary bodies has been removed so that the Act now covers community
organisations and non-government schools with more than 100 employees. Elected
union officials and trainees employed by group training schemes are now
counted as employees under the Act.
The Director of Affirmative Action may now vary reporting requirements to
allow greater flexibility for organisations with excellent affirmative action
programs, thus enabling the report format to be altered to permit, for
example, detailed reporting in one year and exemption from reporting the next.
Affirmative Action, government contracts and industry assistance programs
A contract compliance policy introduced in the Commonwealth Department of
Administrative Services on 1 October 1992, requires that, in order to do
business with the Department, suppliers must comply with the Affirmative
Action (Equal Employment Opportunity for Women) Act 1986. When the policy was
introduced, 19 companies did not comply with the Act. Currently only four
companies do not comply. In January 1993, this policy was extended as
Commonwealth policy. Companies that do not comply with the Act are ineligible
to provide goods and services to the Commonwealth Government. In addition,
from 1 January 1993, organisations which fail to comply with the Act are not
eligible for specified forms of industry assistance administered by the
government.
Equal Employment Opportunity in the Commonwealth Public Sector
Equal Employment Opportunity: A Strategic Plan for the Australian Public
Service for the 1990s was launched by the Minister for Industrial Relations
and Minister Assisting the Prime Minister for Public Service Matters on 18 May
1993. The strategic plan is the result of extensive consultations which
included women staff and representatives of women's organisations.
Women's Budget Statement
As part of OSW's monitoring function, it produces an annual Women 's Budget
Statement. A Statement was released in August 1992 and in August 1993. The
Statements provide detailed reports on the impact of all Commonwealth
Government programs and policies, including expenditure, on women. The
processes in the annual contributions to the Statement have served to raise
awareness of gender equity issues in Government departments and agencies and
have contributed to the development of monitoring procedures which enhance
equality of access and provision for women. The 1993-94 Women 's Budget
Statement included a report on the implementation of the New National Agenda.
When introduced in 1984 the Women's Budget Statement was an innovation. It
provided a wealth of new information about the impact of government policies
and programs on women and instigated a process whereby government departments
were required to critically examine their activities from the perspectives of
women. However, one of the outcomes of the recent review of the government's
policy advising mechanisms on women's issues was that the Women's Budget
Statement, while still a very useful resource document, was no longer
achieving its objectives. It has been agreed that it will be replaced by a
concise, analytical document, focussing on the socio-economic position of
women. This analysis will include comment on the effectiveness of government
programs, for example, by relating growth in women's employment to the
availability of appropriate child care places. Additionally, the guidelines
for program performance statements will be amended to require Commonwealth
Departments to account for their performance in implementing the Government's
policies on women.
Some State and Territory governments also produce women's budget statements.
The Tasmanian and Victorian Women's Budget Statements include an analysis of
the level of women's membership of Government Boards and Committees by
portfolio. At the Commonwealth level this reporting is done in the annual
reports for each department or agency.
Appointment of Women
OSW maintains the Register of Women, a database of women with particular
skills, including information on their work experience, interests and
expertise which is used by Commonwealth Government departments as a source of
names for possible appointments to committees, boards and authorities. As a
result of the review of Government policy advising mechanisms on status of
women issues a revised procedure for putting Government appointments to
Cabinet will be introduced. OSW will undertake new measures to achieve more
rapid progress towards equal representation of women and men on Government
boards and authorities. The Register of Women is currently being expanded,
updated and upgraded and the private sector will be encouraged to use it. The
feasibility of the Register of Women being operated by a private sector agency
will also be examined.
State and Territory governments maintain similar information. For example, the
Victorian Women's Register has been updated and transferred to new
computerised data base. There are currently about 500 women registered.
ARTICLE 5 ELIMINATION OF PREJUDICE
ELIMINATION OF STEREOTYPES
Portrayal of Women in the Media
During the years 1989-93 the National Working Party on the Portrayal of Women
in the Media canvassed and researched various issues which contribute to the
portrayal and representation of women in the media.
On 1 July 1993, the Minister Assisting the Prime Minister for the Status of
Women hosted a Nation Forum on the Portrayal of Women in the Media on behalf
of the National Working Party. The purpose of the Forum was to discuss with
key industry representatives strategies for change.
At the Forum, there was also a launch of the Women and Media Kit which
presented striking results from the first contemporary national content survey
of print and television news and current affairs. The survey examined the
portrayal characteristics of the front pages of 34 metropolitan and regional
dailies and of the five major television network news programs. The principal
findings were that women were substantially under-represented in those areas
of Australian news and media examined
Following the Forum, Senator Crowley met with major television executives on
15 July 1993 to discuss how to address the issues raised by the research.
Subsequently, a consultant, Ms Maxine McKew, a senior media figure, was
engaged to work with reference groups established within the commercial
television industry to effect change in the four target areas of education,
employment, creativity and industry regulation. This new structure has
replaced the National Working Party on the portrayal of women in the media
which is no longer in operation. Ms McKew, with the reference groups, is
working closely with executives and other staff within the commercial
television area to: develop strategies to improve the status of women in the
specified target areas of the television industry; liaise with the management
on equal employment opportunity strategies; assist the development of
non-sexist strategies in respect of program-making, selection and advertising;
assist in the development of an Advisory Group to pursue the matter of Codes
of Practice within the commercial television industry; assist the industry in
the development of Advisory notes for staff; and, provide advice to the
Government on a regular basis.
The New South Wales Ethnic Affairs Commission provided funding for the
development of a media kit by the New South Wales Filipino Women's Working
Party. The kit was designed to enhance the portrayal of Filipino women in the
media; and to correct the stereotypes of Filipino women as 'brides', sex
objects and which associate them with prostitution. Training workshops on
media skills have also been held to empower Filipino women to directly address
issues of concern to them via the media.
Voluntary Codes of Practice
The Australian Broadcasting Corporation (ABC) has introduced a Code of
Practice, in accordance with mandatory obligations set out in the Australian
Broadcasting Corporation Act 1983, which requires the ABC to avoid the
presentation or portrayal of people in a way which is likely to encourage
denigration of or discrimination against them, on the basis of nationality,
sex, age, occupational status and so on. The ABCs editorial policies,
determined by its Board of Directors in June 1993, require avoidance of
language and images which convey discriminatory assumptions about the social
roles of women. They also require that stories or issues of direct relevance
to women are not trivialised by being recast according to traditional male
values and interests, given a lesser priority, or presented as a curiosity.
Early in 1993, the Special Broadcasting Service (SBS) notified the Australian
Broadcasting Authority of its Code of Practice which includes the following
statement:
The SBS aims to promote a greater awareness of the actual and potential
contributions of women through programming which properly reflects the
range and roles in which women are involved in Australian society.
The portrayal of women should not create or reinforce sexual, gender
or racial stereotypes. Programs which suggest that the exploitation of
women is acceptable practice will be avoided
The SBS provides opportunities for women to direct, produce and
present programs. A high level of involvement from women is sought in
general programs including news, current affairs, entertainment and
sport - and specifically in programs dealing with issues of particular
concern to women. The SBS seeks to maximise the on -air presence of
women, be it on radio or television
The SBS recognises the particular needs of women of non-English
speaking background. Whilst respecting cultural differences in the
perception of women, the SBS does broadcast programs which directly
challenge accepted cultural views of women. The SBS seeks to challenge
stereotypes by reflecting a wide variety of cultural mores and
portraying women in both traditional and modern roles.
In relation to commercial broadcasting, in accordance with section 123 of the
Broadcasting Services Act 1992, both the Federation of Australian Commercial
Television Stations (FACTS) and the Federation of Australian Radio
Broadcasters (EARB) have registered self regulatory codes of practice with the
Australian Broadcasting Authority (ABA). Both codes include
anti-discrimination provisions. A licensee may not broadcast a program which
is likely, in all the circumstances, to stir up hatred, serious contempt or
severe ridicule against a person or group of persons on various grounds
including gender.
FARB has subsequently developed Guidelines for the Portrayal of Women on
Commercial Radio to assist broadcasters to better understand and meet the
object of the code, and lead to a more accurate and equitable portrayal of
women in the media.
Women in Advertising
The advertising industry is self regulating. While there is at present, no
specific code to address the issue of sexism in advertising, the Advertising
Federation of Australia established a Committee on Women in Advertising in
October 1993 to develop policy and programs to promote the positive portrayal
of women in advertising.
In January 1993, the National Working Party on the Portrayal of Women in the
Media produced a set of Advisory Notes on portraying women in the media. The
notes were produced after an extensive examination of the portrayal of women
in advertising and are intended to be informative and educative as well as to
encourage advertising in all media to recognise and reflect the significant
and ongoing changes, both in women's attitudes and their roles in society.
Issues covered include authority, stereotyping, sexuality, family composition
and lifestyle.
Film and Literature Classification
Classification of Print Media
The Standing Committee of Attorneys-General and Censorship Ministers, a joint
Commonwealth, State and Territory body, instituted a new set of guidelines for
the classification of publications and poster advertising throughout Australia
in July 1992.
The new guidelines aim to balance the rights of people in the community to
have the widest possible choice in what they read without being confronted by
material that may be offensive. In addition, one of the principles set out in
the guidelines pays close attention to depictions of acts of violence and in
particular, acts of sexual violence. Material which condones or incites
violence or which is demeaning may be restricted or refused classification by
the Office of Film and Literature Classification. Covers and advertising
posters for magazines will also need to comply with the new guidelines.
New Uniform Classification System for Film, Video and Television
Following meetings with the Federation of Australian Commercial Television
Stations representatives and the Chief Censor, the Prime Minister announced an
agreement on 24 November 1992 for the establishment of:
- a uniform classification system for cinema/video movies and television
programming;
- a splitting of the mature (M) film category into M and MA for more violent
or sexually explicit movies; and
- a shift in the commencement time for MA television programs from 8.30pm to
9.00pm.
At its meeting in December 1992, the Council of Australian Governments agreed
to endorse the move to the "M" and "MA" classifications and agreed to amend
the relevant state censorship legislation.
Proposed regulation of video games
In response to concern that there was no system of regulation for video games
from overseas beginning to enter the Australian market, some of which were
violently explicit, the Standing Committee of Censorship Ministers agreed at a
meeting of 24 June 1993, that a system of regulation should be developed to
cover such material.
Censorship Ministers agreed on 4 April 1993 that:
- computer games and computer generated images are to be subject to a
compulsory classification system;
- the classification system for computer games is to be similar to that
for films and videos; and
- games available on amusement arcade machines are also to be subject to
the scheme.
Draft guidelines in regard to computer games are currently being circulated
for public comment.
Women in their Diversity
The national social report, Women in Australia 1/, released in May 1993 by the
Australian Bureau of Statistics, provides statistical information and
explanatory comments about the situation of women in Australia, with a focus
on different groups such as young single women, married women with, or without
children, lone mothers, older women, women from non-English speaking
backgrounds, Aboriginal and Torres Strait Islander women, and women who live
in major urban and other areas. It covers eight broad areas of social concern:
population, family, health, education, work, income, housing and leisure with
the purpose of bringing together a compendium of statistical information on
women.
VIOLENCE AGAINST WOMEN
The Commonwealth contributed over $56 million in 1992-93 towards 263 women's
refuges and shelters, 50 counselling services and 61 services for young women.
National Committee on Violence Against Women
The National Strategy on Violence Against Women, a framework for government
action to eliminate violence against women and to measure progress towards
that goal, was presented to the Prime Minister in October 1992. It was
considered by the Commonwealth and State Ministers' Conference on the Status
of Women in October 1992 and at the first meeting of the Council of Australian
Governments in December 1992. It has also been considered by the Standing
Committee of Attorneys-General and other Ministerial Councils. Major aspects
of the Strategy are incorporated into the New National Agenda for Women.
$1.94 million has been provided to extend the work of the National Committee
on Violence Against Women for the four years from 1993-1997.
New State and Territory initiatives
New South Wales
In March 1993, a Domestic Violence Advisory Council(DVAC) and the Domestic
Violence Unit were established within the New South Wales Women's Coordination
Unit (now within the Ministry for the Status and Advancement of Women). DVAC
is responsible for providing the New South Wales Government and its relevant
organisations with advice on matters relating to domestic violence as it
affects women and their dependants. The focus of DVAC is to advocate for
improved service responses to victims of domestic violence and improved access
to protection through the courts. In relation to women of non-English speaking
backgrounds, the New South Wales Ethnic Affairs Commission published a guide
for service providers on the Use of Interpreters in Domestic Violence and
Sexual Assault. DVAC also plans to produce resources which are relevant to
Aboriginal women who have experienced domestic violence.
1/ This should not be confused with Australia's second progress report on
implementing the CEDAW Convention which also has the same title
The Domestic Violence Unit develops and coordinates policies and programs as
recommended by the Domestic Violence Strategic Plan. One of the outcomes of
that Plan has been the development of the first Domestic Violence Policy in
the New South Wales Department of Health. The policy provides areas and
districts with a set of procedures to deal more effectively with clients in
situation of domestic violence. It attempts to deal with cases of domestic
violence with greater sensitivity, ensuring clients are referred to other
services, and not discharged from the health system. into the environment of
danger from which they came.
Queensland
In August 1993, the Queensland Government launched a policy on the prevention
of violence against women. The policy identifies six specific categories of
activities which need to be undertaken; consultation, policy coordination and
planning, statutory responsibility, prevention and early intervention, crisis
and support services, community education and training.
Part of the strategy of developing a coordinated and integrated approach to
domestic violence service delivery involves the establishment of a data
collection process that is consistent across each of the services. In this
way, comprehensive data on the prevalence and nature of domestic violence in
Queensland will be available.
Tasmania
In August 1992, the Tasmanian Government established the Tasmanian Domestic
Violence Advisory Committee (TDVAC), which has representatives from community
organisations and Government agencies. The TDVAC advises the Minister for
Community and Health Services about issues related to domestic violence policy
and service delivery. The TDVAC has responsibility to undertake community
education in relation to domestic violence.
The Tasmanian Department of Community Services is establishing a program with
the aim of: increasing community understanding of the issues involved in
family violence; reducing the incidence of domestic violence; and ensuring the
support and safety of domestic violence victims and survivors.
The Domestic Violence program incorporates three sub programs: domestic
violence policy; the crisis intervention unit; and domestic violence grants
program.
Victoria
In Victoria, the Community Council Against Violence has been restructured with
the establishment of three taskforces, one being the Violence Against Women
Taskforce.
Australian Capital Territory
The Australian Capital Territory Domestic Violence (Amendment) Act 1992
formalised the working relationship between the Australian Federal Police and
the Domestic Violence Crisis Service (DVCS). This Act was gazetted in July
1992. Further, an amendment to the Crimes Act in 1992 allows police to search
for concealed weapons in domestic violence cases.
The Australian Capital Territory Community Reform Committee (CLRC) report on
victims of crime is near completion. The report involves many issues relevant
to women including victims of domestic violence, sexual assault and other
crime. The focus of the report is to identify and determine how the criminal
justice system can better respond to the needs of victims of crime.
The CLRC is also considering its reference on domestic violence in the
Territory. A discussion paper was tabled in the Legislative Assembly in
December 1992 to facilitate community discussion. The CLRC also commissioned
research into domestic violence issues in the Territory. This research, which
is the most comprehensive ever undertaken on domestic violence in the
Territory jurisdiction was tabled in the Legislative Assembly in June 1993.
The CLRC is currently considering its final recommendations for the reform of
the Territory's domestic violence laws in the light of community consultation
and the research findings.
Income support services to assist victims of domestic violence
Social Security payments and services can assist women in or escaping
violence. During 1993-94, the Commonwealth Department of Social Security will
implement its Policy on Domestic Violence Against Women, which will facilitate
sensitive and consistent treatment of affected women by Department of Social
Security public contact officers. There will be comprehensive staff training,
followed by a publicity campaign to let women know about services available to
assist victims of domestic violence.
National community education
The National Community Education Program STOP VIOLENCE AGAINST WOMEN is a
three year program for 1992-1995 with a total allocation of $3.48 million. In
its first year, the program allocated $600 000 from the National Agenda for
Women Grants Program to 38 local community education projects on Stopping
Violence Against Women.
On 8 November 1993, the Minister Assisting the Prime Minister for the Status
of Women launched the community education campaign: STOP VIOLENCE AGAINST
WOMEN. A set of posters was released to be displayed on billboards around the
country and in media advertising and are being distributed widely to schools,
clubs and service providers. The major theme of the poster campaign is that
the community will no longer tolerate violence against women. Prominent
Australian men have been involved in the development of one of the posters and
four of the five posters speak particularly to a male audience.
In addition, the Minister Assisting the Prime Minister for the Status of Women
announced the allocation of a further $4000,000 for a second round of
community grants to fund a range of projects with national potential for
community education on stopping violence against women.
A number of special projects are also being supported as part of the program.
For example, in 1993/94 a national resource kit containing information on
violence against women, program ideas, support services, legal options and so
on will be developed for use by community organisations and occupational
groups. Also, the program will be developing a campaign for young people on
the issue of consent in sexual relations.
State and Territory Government Education Programs
Queensland
To coincide with the commencement of amended domestic violence legislation in
Queensland, an extensive awareness campaign was launched in May 1993. This
included updating existing brochures, posters and press, billboard and bus
advertising.
Tasmania
A Domestic Violence Education for Rural Health Workers project, was undertaken
in Northern Tasmania. It involved four half-day sessions in 8 rural areas and
covered the nature of domestic violence, attitudes and values surrounding
domestic violence and issues specific to people living in rural areas in
relation to domestic violence.
Victoria
The Victoria Police have increased their resources relevant to family violence
training initiatives this includes the development of print and video
materials, and the wider use of professionals and workers in the field.
In the Australian Capital Territory, the Women's Information and Referral
Centre has completed a pilot education program. The target audience for the
program were people within the Territory Government Service who are the first
point of contact for clients who may be domestic violence survivors.
Violence Against Aboriginal and Torres Strait Islander Women
OSW is working with the Family Violence Intervention Program (FVIP) to develop
community education material on violence against women for use by FVIP in
Aboriginal and Torres Strait Islander communities.
In the Northern Territory, the Alice Springs Aboriginal Child Care Agency
operates a Family Intervention Service as part of the FVIP. It is staffed by
two Aboriginal field officers who train community workers in the skills
required to address family violence, within a community development context. A
similar program will commence in 1993-94 in Darwin.
Aboriginal women from a remote community west of Alice Springs (Yuendumu)
operate a night patrol to make their community safe from violence. They work
closely with police in their community. This program has encouraged Aboriginal
groups in small urban towns to run similar patrols.
In Queensland, an Aboriginal and Torres Strait Islander training strategy on
domestic violence is presently being developed in consultation with key
Aboriginal and Torres Strait Islander organisations.
Violence against women of non-English speaking background
The Department of Immigration and Ethnic Affairs has instituted domestic
violence training for Grant-In-Aid workers. The Department also provided a
major Migrant Access Projects Scheme Grant to the Patricia Giles Centre
Women's Refuge in Western Australia to translate and print a booklet entitled
Fresh Start to assist migrant women who have suffered abuse. Culturally
relevant domestic violence education is also provided to migrants by
Government-funded Migrant Resource Centres in some states.
In October 1993 the Department of Immigration and Ethnic Affairs produced a
report Domestic Violence in Ethnic Communities, Perth, Western Australia,
which highlighted special needs of non-English speaking background women
subjected to domestic violence.
Protection Orders
The Standing Committee of Attorneys General is currently examining the issues
which arise when there is conflict between the terms of a protection order
made by a Magistrates Court in a State or Territory and an existing access
order made by the Family Court of Australia to ensure the protection of women
and children.
All States and Territories now have legislation which provides for the issuing
of court orders, protection orders and intervention orders which can be
obtained on the civil standard of proof, to the victims of domestic violence.
Some States and Territories have amended and strengthened this legislation.
South Australia
In South Australia, the Summary Procedures Act Amendments Act 1992 has enabled
the following:
- telephone protection orders to be obtained in urgent circumstances out of
court houls;
- recognition of interstate protection orders;
- mandatory confiscation of firearms and cancellation and prohibition of
licences when protection orders are made;
- police have power to detain an alleged offender for two hours to enable a
telephone protection order to be sought; and
- increase in maximum penalty for breach of protection order from six
months to two years.
Northern Territory
The Domestic Violence Act was passed in the Northern Territory in November
1992. The Act introduced separate legislation regarding provisions relating to
domestic violence which were previously part of the Justices Act. It provides
for the enforcement of interstate restraining orders which will enable a woman
with a restraining order from another state to register that order in the
Northern Territory. The order is then enforceable under the terms of the
Northern Territory
Northern Territory
The Department of Law in the Northern Territory has prepared an implementation
strategy for the proposals outlined in a Sexual Abuse Discussion Paper
released in 1992. These included proposals in relation to rape law reform. The
strategy will be considered by the Attorney General in 1993.
Queensland
The Queensland Women's Health, Sexual Assault Program commenced in 1992 and
aims to establish and maintain community-based rape crisis/sexual assault
services, in conjunction with hospital-based acute services. At present, there
are 13 services across Queensland with funding approved for further services.
New South Wales
A phone-in for victims of sexual assault was launched in New South Wales on 21
April 1993. A number of recommendations have been made as a result of the
outcomes of the phone-in and these are currently being taken up by several
relevant government departments, including the Attorney-General, the
Department of Courts Administration, Office of the Director of Public
Prosecutions, the Police Service and the Department of Health.
The New South Wales Sexual Assault Committee, comprising government and
community representatives, is currently undertaking a review of the Criminal
Justice System and its impact on victims, judicial education, victim's
compensation, and media issues. The Committee is also reviewing access to
legal and other relevant services for rural and remote communities.
Australian Capital Territory
A comprehensive review of the adequacy of the Australian Capital Territory's
sexual assault laws and practices was announced in January 1993 by the
Attorney-General. The review will be undertaken by the ACT Community Law
Reform Committee. It is expected that a discussion paper will be released for
community consultation late in 1993.
Female Genital Mutilation
The Commonwealth Government is concerned that young women and girls migrating
to Australia particularly from the Horn of Africa, may be at risk from female
genital mutilation practices after they have settled in Australia. An
Inter-Departmental Committee has been looking at the issue for seven months
and the effectiveness of current legislation in relation to the protection of
the rights of the child is currently being assessed by the Attorney-General.
The Committee is also considering programs to assist women who have been
mutilated with health care needs and education programs for the wider
community.
FAMILY EDUCATION
Gender Equity
In 1993-94, the Commonwealth Gender Equity in Curriculum Project will produce
a document for teachers and educators on gender issues in the curriculum.
Other projects have addressed issues such as eating disorders, gender
inclusive curriculum, sexual harassment, teaching practice and girls with
double disadvantage. These projects inform teachers, teacher educators and
curriculum developers about girls' education needs and how to improve their
post-school options.
Tasmania
The Tasmanian Government is pursuing its Gender Equity in Schools and Colleges
Program. Program objectives include: examining the construction of gender;
improving sex based harassment procedures; reforming the curriculum;
broadening work education; addressing the needs of girls at risk; and changing
school organisation and management.
Key policy issues addressed by the program include the different expectations
for girls and boys with regard to behaviour, intellectual ability and life
options, curriculum imbalances in the failure to adequately reflect the
contributions, achievement and perspectives of women, and the lack of female
role models and mentors. During 1993 activities include a Gender Equity
Workshop, dealing with sex-based harassment.
Queensland
In March 1992, the Queensland Policy on Gender Equity in Education was
released. The policy focuses on equality of opportunity for girls and boys and
addresses the areas of curriculum development and implementation, teacher
practices, subject choice, resources, career counselling, school and class
organisation. A Sexual Harassment Policy has also been developed and training
is occurring to ensure its implementation and monitoring in schools.
ARTICLE 6 EXPLOITATION AND TRAFFIC IN WOMEN
Regulation of Prostitution
Northern Territory
The Northern Territory passed the Prostitution Act in 1992. The Act does not
prohibit living on earnings of prostitution, permits escort agency premises to
be used for the purposes of prostitution, makes procuring and consorting with,
an offence for under 18 year olds and prohibits brothel keeping. The licensing
and scrutiny of escort agency operators and managers is performed by the
Escort Agency Licensing Board.
Queensland
In Queensland in February 1993, the Prostitution Laws Amendment Act 1992 was
proclaimed. The Act is aimed at organised prostitution including brothels and
escort agencies. s he legal status of sole-operator prostitutes was not
changed by the new legislation. The legislation is gender neutral, treating
prostitutes and clients equally under the law.
The Queensland Government has rejected the legalisation and regulation of the
sex industry, endeavouring not to institutionalise prostitution, nor to cast
prostitution as an acceptable role for women. The Government has also put in
place a range of health and social reforms to deal with the consequences of
prostitution including the upgrading of public services for sexually
transmitted diseases; education, advocacy and referral services for
prostitutes who wish to leave the industry; and youth outreach programs to
alleviate "opportunity" prostitution amongst young people.
Australian Capital Territory
The Australian Capital Territory Prostitution Act 1992 and the Prostitution
(Consequential Amendments) Act 1992 has conferred on sex industry workers the
rights afforded to other workers in other industries, including the right to
safe working conditions and proper compensation for work related injury or
damage. In the Prostitution (Consequential Amendments) Act, any offence at
common law relating to prostitution, including keeping a brothel or common
bawdy house, ceases to have any force or effect in the Territory. The
objectives of the Act are to safeguard public health; to promote the welfare
and occupational health and safety of prostitutes; to protect the social and
physical environment of the community by controlling the locations of
brothels; and to protect children from exploitation in relation to
prostitution.
International Trafficking
The Commonwealth Government has been considering options for dealing with the
problem of sexual exploitation of children by Australians overseas, including
the creation of a criminal offence of engaging in sexual relations with
minors, with extraterritorial application. The principal aim of such
legislation would be to deal with the activities of Australian paedophiles and
pederasts who travel to countries primarily in South East Asia as well as
elsewhere for the sexual exploitation of child prostitutes. Consideration has
also been given to what action might be taken at the Commonwealth, State and
Territory level against those persons responsible for organising overseas
tours for the purpose of engaging in sexual relations or activities with
minors and those who otherwise profit from child sexual exploitation.
It is expected that legislation will be passed by February 1994 to enable
prosecution of Australians who engage in paedophile or pederast activities
overseas. The legislation will also make it illegal to advertise and organise
child sex tours to countries such as Thailand and the Philippines.
Serial Sponsorship
Allegations are often made that the migration of wives and fiances of
Australian residents from certain nations to this country represents a form of
exploitation of women, particularly as domestic violence becomes a feature of
some marriages. Significant attention is given to the concerns of Filipinos
(most often the female partner) in such marriages, as disruptions stemming
from resettlement have proved greatest for this group.
To address these concerns, the Australian Embassy in Manila requires all
applicants for spouse and prospective marriage visas to be counselled at the
Commission on Filipinos Overseas before they submit their applications. All
applicants are then interviewed as part of the assessment process. In May
1993, the Embassy's database was expanded to help alert officials to sponsors
who have previously sponsored spouses or prospective spouses.
There have been cases where sponsors of applicants for migration to Australia
to be married, have had previous sponsorships which have failed, sometimes due
to domestic violence. In November 1992, a $30 000 Department of Immigration
and Ethnic Affairs-funded report by the University of Wollongong's Centre for
Multicultural Studies, Serial Sponsorship: Immigration Policy and Human
Rights, was released. Its recommendations consider Australia's international
obligations, legal and resource aspects. Government initiatives resulting from
concern about serial sponsorships in intercultural marriages, particularly in
the Philippines, will follow the response to the report.
From 1 December 1992, people entering Australia as prospective marriage
(fiance) visa holders were able to use legislative provisions regarding
domestic violence. Permanent residence may now be granted to prospective
marriage (fiance) visa holders who entered Australia, married, applied to
remain permanently and whose relationship with the Australian sponsor has
since broken down because of proven domestic violence. The provisions also
cover situations where the Australian partner has access rights or maintenance
obligations in respect of a child of the relationship.
Woman at Risk
The Refugee and Humanitarian Program administered by the Commonwealth
Department of Immigration and Ethnic Affairs provides resettlement
opportunities for refugees, displaced persons and others suffering
discrimination and hardship world wide. The Woman at Risk component of the
program provides priority resettlement opportunities for refugee women and
women of concern to the United Nations High Commissioner for Refugees and
their dependants who do not have the protection of a male relative and are in
danger of victimisation, harassment or serious abuse. Program arrangements
provide for referral to specialised support services, such as torture and
trauma counselling, on arrival.
The criteria for acceptance under Woman at Risk were expanded in November 1992
to include women 'of concern' to the United Nations High Commission for
Refugees, as well as those meeting the official UN definition of a refugee.
Greater emphasis on the 'at risk' factor means that more women will be
eligible for acceptance. Information on this change was widely distributed to
all potential nominating agencies and to the Department of Immigration and
Ethnic Affairs overseas staff.
ARTICLE 7 WOMEN IN POLITICS AND PUBLIC LIFE
Women in Politics
Women represent 14.5% of total members of Australia's parliaments, covering
those at Federal, State and Territory levels. Women members make up 12.08% of
Upper Houses and 19.83% of Lower Houses. The highest level of representation
is in the Australian Capital Territory where women comprise 35% of members of
the government and both the Chief Minister and the leader of the Opposition
are women.
Prior to the Federal election in March 1993, there were 10 women members of
the House of Representatives, Australia's Lower House. There are presently 13
women members of the House of Representatives, making up 8.84% of members.
Prior to the Federal election, there were 19 women members of the Senate,
Australia's Upper House. There are presently 16 women members of the Senate,
making up 21.05% of members.
The Commonwealth/State Ministers Conference has commissioned a discussion
paper on women and government in Australian and New Zealand. The discussion
paper will provide an analysis of the reasons why women are not being elected
to decision-making positions and will also present strategies for women as
voters wishing to influence the political agenda. The discussion paper will be
considered at the next Commonwealth/State Ministers Conference in October
1994.
Queensland
Leneen Forde was sworn in as the Governor of Queensland on 29 July 1992,
becoming the second female Governor in Australia. In the Queensland state
elections in September 1992 the percentage of women in the Legislative
Assembly increased by 3% to 14% and the percentage of women in the Queensland
Cabinet increased by 5% to 11%, which represents a real increase of an
additional woman in each case.
Tasmania
The Tasmanian House of Assembly Reform of Parliament Select Committee has
established an inquiry into possibilities for the reform of the Tasmanian
Parliament. The Tasmanian Women's Consultative Council are formulating a
submission to the Review which will identify aspects of concern to women
including:
- barriers to the participation of women as Members of Parliament;
- Parliamentary processes which may limit meaningful debate and
consideration of issues of importance to women;
- Parliamentary behaviour which is denigrating to women; and,
- means by which activities of Parliament can be used to enhance
women's access to information and understanding of public policy and
legislative process.
National Women's Consultative Council
The National Women's Consultative Council comprised representatives from major
national women's organisations and other national organisations with large
numbers of women members. The Council was established to provide a major link
between the Commonwealth Government and the community.
One of the recommendations of the recent review of the Government's policy
advising mechanisms on status of women issues was to replace the Council with
the Australian Council for Women, which will have a specific focus on
Australian preparations for the Fourth UN Conference for women. In addition
new consultative mechanisms will be established through bi-annual roundtable
meetings of a broad range of women's non-government organisations.
The Council finalised its work on 29 October 1993. From June to October 1993
the work of the Council has included:
- published, in conjunction with the Office of the Status of Women, a
'user-friendly' guide to the Convention on the Elimination of All Forms of
Discrimination Against Women;
- updated and published a guide for women on strategies for entering into
public life titled Women Into Action;
- hosted a forum of women's non-government organisations in September 1993
to discuss preparations for the Fourth UN Conference on Women with the UN
Secretary-General for the Fourth World Conference, Mrs Gertrude Mongella; and
- produced a report titled Managing the Work Injury of Women from Non-
English Speaking Backgrounds on the operation of private
rehabilitation systems and their accessibility and effectiveness in meeting
needs of Non-English Speaking Background women with occupational injuries. The
report was launched in March 1993 and covers rehabilitation programs currently
used by employers, differences between private and Commonwealth rehabilitation
schemes, preventive measures in the workplace and the different forms of
rehabilitation to assist women from non-English speaking backgrounds to return
to the workforce.
ARTICLE 8 WOMEN AS INTERNATIONAL REPRESENTATIVES
In March 1993, Helen L'Orange, then head of OSW, led Australia's delegation to
the 37th session of the United Nations Commission on the Status of Women
(CSW). Australia is currently a member of the Commission following our
election last year for the period 1993-96. The delegation, which included NWCC
Deputy Convenor Lydia Philippou, sponsored resolutions on the draft
Declaration on the Elimination of Violence against Women; Women, Environment
and Development, and the UN System-wide Medium-term Plan for the Advancement
of Women for 1996-2000, all of which were adopted by consensus. Australia also
co-sponsored resolutions on the World Conference on Human Rights, legal
literacy, and violence against women in the former Yugoslavia.
There has been some improvement in the number of women serving overseas at
senior levels, although the total number is still small. In 1993, there are
four female Heads of Mission and three female Heads of Post. there is also one
female Senior Executive Service officer serving overseas at Minister level
ARTICLE 9 NATIONALITY
There are no longer any areas of discrimination between men and women with
respect to the acquisition and loss of citizenship.
ARTICLE 10 ELIMINATION OF DISCRIMINATION IN EDUCATION
National Action Plan for the Education of Girls 1993-97
The objectives, priorities and implementation of the National Policy for the
Education of Girls in Australian Schools were reviewed by an Australian
Education Council Working Party. Its report National Action Plan for the
Education of Girls 1993-97, reaffirms the policy as the basis for equity in
girls' education and sets priorities for the next five years. The Action Plan
was endorsed by the Australian Education Council in December 1992, and was
published in March 1993. The review investigated girls' experience of primary
and secondary schooling and analysed student subject choice at Years 11 and
12. The findings indicate considerable progress, but show that curricula in
Australian schools still serve male students better than females. The National
Action Plan sets out eight new priority areas for 1993-97: for 1993 and 1994
they include broadening work education, better teaching practice, eliminating
sex-based harassment, and curriculum reform.
Open Learning Initiative
For the 1993-95 triennium, $52 million has been allocated for the Open
Learning Initiative. Open learning is being implemented by the Open Learning
Agency of Australia, a consortium of Australian universities led by Monash
University. Higher education courses are offered entirely through distance
education modes, including print materials, broadcast radio and television,
audio and video tapes, and electronic technologies such as computer-aided
learning. There are no entry prerequisites and no quotas on places.
Courses commenced in March 1993 with units in arts, humanities and social
sciences, business, education and science and technology. The range of
undergraduate offerings will be expanded and both Technical and Further
Education and postgraduate courses are expected to be offered by the end of
1993.
The Open Learning Initiative provides access to higher education for many who
are currently excluded from on-campus study, for example, by work or family
commitments or as a result of social or geographical isolation. Women made up
60 per cent of open learning students in the first two study periods of 1993.
Completed units can be credited towards a degree through Open Learning or
towards on-campus studies.
From 1994, the Government will make provision for a deferred Higher Education
Contribution Scheme-like payment to full-time open learning students enrolled
in higher education courses.
Technical and Further Education
Systems of technical and further education are administered by the States. In
general, they present three groups of courses: entry level training courses,
including full time certificate and diploma courses and work-study
combinations such as apprenticeships; bridging and in service courses; and,
general educational and recreational courses.
Tasmania
In Tasmania child care facilities have been successfully established at the
Hobart College and at the Hobart Technical College (Eastern Shore Campus),
providing places for both students and teachers. A further facility will be
established in the North-West college of Technical and Further Education in
1994.
The Tasmanian Department of Employment, Industrial Relations and Training
offers units from the Women's Studies Program, in Launceston, Burnie,
Devonport and Queenstown. The program targets women who have been absent from
employment or training for some time, and is exempt from fees.
The Department employs a State Co-Ordinator, Women's Training Programs, to
oversight the implementation of the State Policy for Educational Provision for
Women by TAFE, the National Plan of Action for Women in TAFE, Women in
Entry-Level Training program, along with the co-ordination and initiation of
programs for women. The Department also has women's training consultants
available in all regions to provide advice to women on training options
available through Colleges of Technical and Further Education. With a special
emphasis being placed on information, counselling and support services which
aims to broaden the range of options being considered beyond the traditional
areas. In addition, the Training Division of the Department maintains a child
care subsidy scheme which assists TAFE students with the cost of child care.
Support for women with special needs ensuring access to education and training
programs is provided through the Department. Special course provisions are
made for migrant, Aboriginal women and, women who have been absent from
employment and training for some time.
Victoria
The Victorian Government operates a series of preparatory courses for women
under the Affirmative Action in Training Program. As part of this, the Office
of the State Training Board and the Commonwealth Department of Employment,
Education and Training jointly support seven preparatory trade and technical
courses for women.
Australian Capital Territory
The Australian Capital Territory Economic Development Division, through the
Women's Adviser(Employment, Education and Training) in conjunction with the
Women's Employment Advisory Committee continues to encourage women's
employment initiatives and a broadening of career options for women. Measures
to assist include the extension of the Tradeswomen on the Move Program, the
holding of a women's employment expo targeting women wishing to enter or
reenter the workforce and the administration of a grants program to encourage
women to develop the skills and knowledge base necessary to enter or re-enter
the workforce.
ARTICLE 11 ELIMINATION OF DISCRIMINATION IN EMPLOYMENT
Women in the labour market
In June 1993, an estimated 7.7 million people were employed in Australia with
3.3 million being women. 350 100 women were unemployed, with 73 per cent of
those seeking full-time rather than part-time work. 572 600 men were
unemployed.
In August 1992, women's employment by occupation was highest for clerical (78
per cent) and sales and personal service workers (66 per cent) and lowest for
trades (10 per cent). Since August 1986, women have increased their employment
share in all occupations except plant and machine operators or drivers.
Industrial relations
Amendments to the Industrial Relations Act 1988, which took effect on 23 July
1992, encourage and facilitate the making of certified agreements aimed at
boosting productivity and improving workers' living standards. The amendments
also contain safeguards to protect workers with little or no bargaining power,
many of whom are women. Under the new provisions of the Act, the criteria
applied by the Australian Industrial Relations Commission in certifying
workplace agreements include:
- no disadvantage to employees in respect of their terms and conditions of
employment taken as a whole;
- inclusion of dispute-settling provisions;
- union consultation with members affected by the agreement; and
- a specified period of operation.
The 'no-disadvantage' test is designed to maximise flexibility while
protecting community standards such as maternity leave, standard hours of
work, parental leave, minimum rates of pay, termination, change and redundancy
provisions and superannuation. The Accord partners will monitor developments
in workplace bargaining for their impact on pay equity.
In addition to the above provisions, legislation extending Sex Discrimination
Act coverage to new Federal awards, including certified workplace agreements,
came into force on 13 January 1993. Now a person, or a union acting on behalf
of a person or group, can complain under the Sex Discrimination Act about
provisions of a Federal award made after 13 January 1993. Complaints are
considered by the Sex Discrimination Commissioner, and may be referred to the
Australian Industrial Relations Commission, which must convene a hearing of
the parties. If the Commission considers the award or agreement
discriminatory, it will be set aside or changed to remove the discrimination
unless the Commission considers such action contrary to the public interest.
Pay equity developments will be monitored by using Department of Industrial
Relations databases to scrutinise Federal agreements, and conducting and
commissioning research on pay equity issues, particularly on current
developments in wage fixation.
As announced at the launch of the New National Agenda for Women in February
1993, Working Women's Centres are being established at a cost of $500 000 in
1993-94 and $1 million in each of the next three years, to advise and assist
women on workplace issues, especially on enterprise bargaining and access to
training. The Centres will particularly assist women from non-English speaking
backgrounds and Aboriginal and Torres Strait Islander women.
In South Australia, under new industrial arrangements the State Industrial
Commission has improved capacity to deal with unfair contracts and the ability
to regulate or prohibit the performance of work where the employee is required
to work nude or partially nude or in transparent clothing.
Superannuation
The minimum contribution under the Superannuation Guarantee legislation was
enforced from 14 August 1993. It is expected that lower-paid women workers
will benefit significantly from the introduction of the Superannuation
Guarantee.
The Sex Discrimination Act 1984 was amended, with effect from 25 June 1993, to
remove the exemption of superannuation schemes from its provisions. Review of
Commonwealth superannuation schemes showed that they did not discriminate on
the basis of gender, but that some possibility of discrimination on the
grounds of marital status did exist in relation to reversionary benefits where
a de facto relationship had existed for less than three years prior to the
death of a member.
The Commonwealth Superannuation Schemes Amendment Act 1992 amended the
Superannuation Act 1976 and several other Acts to remove any possibility of
marital status discrimination from the Commonwealth Superannuation Scheme and
other Commonwealth superannuation schemes. An amending Deed detailing similar
changes to the Public Sector Superannuation Scheme was signed by the Minister
for Finance. The amendments to all schemes were effective from 25 June 1993
and will particularly assist women, who tend to be the surviving partners of
scheme members.
During 1992-93, the New South Women's Advisory Council undertook an
investigation into issues of access and equity for women in superannuation.
The report found that women do not share equal access to men in terms of
benefits, due to the gender segregation of the labour market, both
occupational and industrial, pay equity, and women's family responsibilities
in caring for family members and children. Other discriminatory dimensions of
superannuation were found to be related to government regulations of vesting
schedules, preservation requirements and portability of funds. Whilst some
improvements for women are noted in the report, such as increased coverage for
women working in part-time and casual positions, most women will not be able
to retire comfortably with their accumulated benefit. The New South Wales
Women's Advisory Council has called for the NSW Anti-Discrimination Board to
bring their exemptions in line with those of the Sex Discrimination Act 1984
so that a consensual approach can be affected. The state government response
to the investigation has so far been positive, although any resulting changes
to legislation cannot as yet be determined.
Discrimination in employment due to marriage or maternity
An increase in complaints to the New South Wales Anti-Discrimination Board
from women alleging that they had been discriminated against at work on the
grounds of pregnancy, or women of child bearing age, prompted the Board to
undertake an inquiry into pregnancy discrimination. the inquiry was sponsored
by the New South Wales Women's Coordination Unit (now the Ministry for the
Status and Advancement of Women) and the Department of Industrial Relations,
Employment, Training and Further Education. The final report will be released
in late November 1993.
Maternity and parental leave
Maternity leave with pay is provided for most women employed by the
Commonwealth Government. Fully paid leave of 12 weeks in the Northern
Territory and Australian Capital Territory public services, and nine weeks in
the NSW public service is available, subject to qualifying periods of 12
months or 40 weeks respectively of continuous employment. Paid maternity leave
of 12 weeks has also been available for public servants in Victoria; however
the new Government has introduced legislation to remove this entitlement for
new employees.
Unpaid maternity leave has become widely available to Australian women
employees since 1979, and has now been inserted in all major Federal awards
and a substantial majority of State awards. Social Security benefits subject
to income tests are available to women who are sole parents. Most maternity
leave in the private sector is unpaid.
To date the Commonwealth Government has not been in a position to remove the
existing reservation given full implementation would require the introduction
of maternity leave with pay or with comparable social benefits throughout the
country however, the government has committed itself to considering
implementation of International Labour Organisation Convention 103 on
Maternity Protection, which calls for at least 12 weeks of paid maternity
leave to be made available to women in paid employment.
Paid Maternity Leave: A Discussion Paper on Paid Maternity Leave in Australia
was published by the National Women's Consultative Council in February 1993,
based on research by the Office of the Status of Women. The discussion paper
reviews and compares current maternity leave provisions in Australia with OECD
counterparts, considers the possible benefits of introducing paid maternity
leave in Australia, and presents a number of possible options incorporating
different funding mechanisms for discussion, but does not make any specific
recommendations. A seminar on paid maternity leave was convened on 28 October
1993 by the National Women's Consultative Council and the Office of the Status
of Women to further stimulate policy debate on the issues.
As part of its response to Hag Way to Equal, the government has committed
itself to undertaking a number of steps towards introducing universal unpaid
parental leave. These include:
- developing and implementing legislation for unpaid parental leave to ensure
that all Australian employees have access to unpaid parental leave during the
child's first twelve months. Some States and Territories already have such
legislation. South Australia's Industrial Relations Act, for example, was
amended in December 1992 as part of the reform process of the industrial
relations system. Provisions now exists under South Australian Industrial
Awards for family leave, including maternity, paternity or adoption up to 52
weeks unpaid leave that can be shared with a legal or defacto spouse. In
December 1992, paternity provisions were inserted into Tasmanian private
sector awards. In April 1993 the Queensland Government amended public sector
employment regulations to provide parental leave for all government employees
through the introduction of parental leave provisions;
- amending the Industrial Relations Act to require the Australian Industrial
Relations Commission to take account of the principles embodies in ILO
Convention 156, Workers with Family Responsibilities;
- undertaking further consultations and investigations to determine whether
family responsibilities should be a prohibited ground of discrimination - this
is over and above the 1992 amendment to the Sex Discrimination Act 1984 to
prohibit dismissal on the grounds of family responsibilities;
- producing an information and discussion paper and resource material relating
to the incidence and successful management of part-time employment; and,
- supporting the development of international labour standards on part-time
employment in the form of a Convention supported by a Recommendation.
Age Pension
From 1 July 1995, women's qualifying age for Age Pension will gradually be
lifted from 60 years to 65 years over a 20 year period. As women's labour
force participation has increased, particularly in the 45-54 age group, access
to superannuation and capacity to save has improved substantially. However,
because of the labour market disadvantage of older women with little recent
work experience or training, the change will be phased in over a 20 year
period.
No existing age pensioners will be affected by this measure. Alternative forms
of income support, including Mature Age Allowance, Job Search, and Newstart
Allowances, will be available, and their age limits will be adjusted
accordingly.
THE ARMED SERVICES
The Sex Discrimination Act 1984 currently allows women in the Australian
Defence Force(ADF) to be excluded from serving in positions which involve
combat or combat related duties. However this exclusion from combat related
duties has not been applied since May 1990, the date from which the employment
of servicewomen in combat-related positions has been progressively introduced.
In December 1992, the Government announced a new employment policy for women
in the ADF. Women are now able to serve in all positions except direct combat
positions. It is likely that the Government will remove the exclusion from
combat-related duties, and restrict the exemption for combat duties to a
limited range of duties essentially involving hand - to -hand combat. These
changes will open up almost 90 per cent of all positions in the ADF to women.
Army
The Combat-Related Employment of Women Evaluation Team was established in
mid-1990 to monitor and evaluate the impact of servicewomen on operational
effectiveness. Despite some residual difficulties due to demanding physical
tasks (which, even with intensive training, women cannot completely overcome)
the integration of women into combat-related employment is progressing well.
To date, 654 servicewomen, approximately 22 per cent of Regular Army
servicewomen, have been posted to combat-related positions, meeting the target
of 600 by June 1993. In addition, 21 servicewomen are now serving in the
previously all-male Corps of Royal Australian Engineers. As a result of the
new employment policy for servicewomen, only 19 out of 146 Other Rank
employment categories are now dosed to women. There are now 19 500 positions
open to Other Rank servicewomen out of 23 500 (83 per cent). Women are still
excluded from Armour, Artillery, Combat Engineers and Infantry units. Of the
4600 officer positions in the Army, 4000 (87 per cent) are open to women. In
total, almost 84 per cent of Army positions are now open to women.
Approximately 5000 women are employed in the Army Reserve, with more than 3000
serving in combat-related positions.
Airforce
Women are now eligible for employment in the Royal Australian Air Force (RAAF)
as aircrew, in all aircraft types. The only positions that remain unavailable
to women are in the Ground Defence Units.
Navy
In December 1990, a Women at Sea Implementation Plan was produced. It was
modified in August 1992 to reflect lower than anticipated wastage levels,
reductions to some staff categories, and the opening up of part of the
destroyer force to female employment. When the second Collins Class submarine,
HMAS Farncombe, comes into service in 1996, submarine service billets will be
open to women, with only Clearance Diver service remaining unavailable to
them.
To date, the plan has resulted in a substantial increase in the level of
female involvement and employment at sea. At April 1993, there were 34
seagoing female officers, an increase of 17 over the number serving at the
same time last year, and exceeding the target of 31 by the end of 1993. Seaman
Officer specialists undertaking Bridge Watchkeeping Certificate training and
consolidation are the largest group of the female seagoing population. The
modified plan predicts that the current rapid increase in female seagoing
numbers will temporarily slow over the next few years, as a result of
downsizing and lower personnel separation rates. A continuing increase is
nonetheless expected.
At the end of April 1993, 122 female sailors were serving at sea. This is an
increase of 27 from the same time last year and is consistent with achieving
the target of approximately 150 by the end of 1993. The Women at Sea
Implementation Plan is a continual program. Projected target figures for 1994
and beyond are being developed.
EMPLOYMENT RELATED EDUCATION AND TRAINING PROGRAMS
Labour Market Assistance Programs
In 1992-93 approximately 12 000 were assisted through Labour Market Adjusted
Packages (LAPs); 56 per cent of participants were women. LAPs are designed to
develop and adapt the skills of people employed in designated industries,
enterprises or regions undergoing structural change.
During 1992-93, a $230 000 longitudinal study began of retrenchees of the
Textile, Clothing and Footwear (TCF) industries, the majority of whom were
women. The study will assess how effective the TCF LAP was in assisting
retrenchees to re-enter the workforce or take on further training. Eight
hundred people, in three States, in each sector and skill level of the TCF
industry, will be interviewed over two years. Preliminary results of the study
will be available in early 1994, with the final report due in 1995.
Other retraining opportunities
In Tasmania a 'Women at Work' program is in operation which offers a range of
short units designed to upgrade women's skills and enhance their prospects of
promotion. Development of a kit by Women's Training Consultants in TAFE
Colleges is used to attract employers to a range of fee-for-service programs
designed to upgrade the skills of women employees in order to increase
workforce productivity and enhance women's promotional prospects.
An expanded labour market program has been introduced which provides twenty
women with vocational development opportunities and current work experience in
the Australian Capital Territory Government Service workforce. A particular
focus is on targetting those women who are potentially doubly disadvantaged
for example, women from non-English speaking backgrounds or Aboriginal and
Torres Strait Islander women who have disabilities.
Recognition of qualifications gained in countries other than Australia
An Overseas Qualification Unit was established in 1992 within the Tasmanian
Department of Employment, Industrial Relations and Training aimed at easing
some of the difficulties associated with migrant women's employment. It
provides migrant women with local information, counselling and advocacy on the
recognition of knowledge and skills gained overseas.
WORK AND FAMILY
In November 1992, Australia submitted its first report to the International
Labour Organisation on the implementation of Convention 156 on Workers with
Family Responsibilities. Details of country reports are in the widely
available ILO publication, Workers with Family Responsibilities, no, 80th
Session, 1993. Australia's next report is due in October 1993.
The Strategy for Implementing no 156 across Commonwealth Policies and Programs
was launched on 11 February 1993, drawing together initiatives to assist
workers balance work and family roles through legislation, workplace and
industrial relations, attitudinal change, labour force access and
participation, community services and planning, and vocational education and
training. Initiatives in the Strategy include extending the Sex Discrimination
Act 1984 to dismissal because of family responsibilities unlawful, a
commitment to unpaid parental leave legislation and continued expansion and
improvement of child care services.
The Work and Family Unit of the Commonwealth Department of Industrial
Relations provides research, promotion, information and advice on Australia's
implementation of ILO 156 to industrial parties and the wider community. In
1992-93, it set up a grants and research program, ran a major research and
publication program, co-sponsored the Corporate Work and Family Awards and
formed a private sector work and family network. Promotion and research will
expand in 1993-94 and 1994-95 with activities planned in association with the
International Year of the Family.
The Work and Family Grants Program will begin in 1993-94. Its key priority
areas include workplace bargaining, terms and conditions of employment and
funding for best practice demonstration projects introducing family-friendly
work policies and practices. Successful applicants will be announced in
September 1993. $200 000 has been allocated to the program in 1993-94.
In Tasmania The Office of Public Management is undertaking the task of
developing strategies to assist Public Sector workers to accommodate family
responsibilities. They are currently considering options in relation to
greater flexibility in working arrangements.
Employee relations laws in Victoria enable employees with family
responsibilities to individually negotiate flexible arrangements to
accommodate their family responsibilities. Options may include temporarily
working part time or taking some sick leave entitlements to care for a
relative without the usual medical certificate requirement.
Jobs, Education and Training (JET) Program
JET is a voluntary program which was introduced in 1989 in recognition of the
fact that sole parents face major barriers to working primarily because of
their responsibility for caring for children without the assistance of a
partner. The JET Program is jointly administered by the Departments of Social
Security; Employment, Education and Training; and Health, Housing, Local
Government and Community Services. JET clients are provided with advice on
education, training and employment options, as well as assistance with child
care as required. The program's primary objective is to improve the financial
circumstances of sole parent pensioners by aiding their entry or re-entry into
employment.
Initially, eligibility for the JET program was restricted to sole parent
pensioners, however further analysis highlighted three other groups who were
facing difficulties similar to those encountered by sole parent pensioners. As
part of the 1992-93 Budget, JET eligibility was extended (from March 1993) to
widow B pensioners and sole parents in receipt of special benefit who do not
satisfy residency requirements for sole parent pension. In addition, carer
pensioners became eligible for involvement in the JET program in June 1993.
Further, as the program has matured and been evaluated, three sub-groups of
sole parent pensioners have been identified as having additional barriers in
seeking employment. Pilot projects commenced in March 1993 for two of these
groups, Aboriginal and Torres Strait Islanders and Long Term Welfare
Recipients. A third pilot project will commence in July 1994 for non-English
speaking background clients. Each pilot will run for twelve months and aim to
develop best work practices to increase program participation rates for these
three sub-groups.
CHILD CARE
Child care is essential for achieving increased employment opportunities for
women who are traditionally the primary family care-givers. Some of the
government achievements in establishing new child care initiatives include:
- The supply of Commonwealth-funded child care places increased by ten per
cent during 1992-93 with 21 000 additional places becoming available during
the year up to June 1993. More than half these places were in private,
long-day care, employer-sponsored or previously unfunded non-profit centres.
- Queensland, South Australia, Western Australia, Tasmania, the Northern
Territory and the Australian Capital Territory agreed to cost-sharing
agreements with the Commonwealth for the 50 000 place expansion of the
National Child Care Strategy by 1995-96. Family day care and outside
school-hours care places are already operating, and planning is in place for
centre-based long-day care in these States and Territories.
- 94 Youth Activity Services are now operating to provide outside school-hours
care for 11-16 year olds in disadvantaged areas.
- Simplified administrative arrangements for payment of Childcare Assistance
(formerly Fee Relief) were developed in consultation with the industry and
implementated on 1 April 1993.
- Under the Jobs, Education and Training Program (JET), over 8500 JET Scheme
child care places were provided for JET clients' children with an additional
$8 million provided through the Social Security portfolio. A 12-month pilot
service was also approved for Katherine, NT, to promote JET to remote
indigenous communities.
- In July 1993, the Fringe Benefits Tax exemption was extended for employer
payments made to reserve places in eligible child care centres to family day
care, outside school-hours care and vacation care services.
- From July 1993, long-day care Childcare Assistance became available to
replace existing fee relief arrangements in approximately 130 occasional care
services funded directly by the Commonwealth.
Further improvements for child care arrangements are planned for 1993-94:
- From 1 July 1994, a cash rebate for child care expenses will be introduced
in recognition of the work-related nature of child care expenses. The rebate
will assist parents in full- or part-time work, study or training, or who are
looking for work, using either formal or informal child care. This will
provide to parents a maximum cash rebate of $28.20 a week for one child in
care, and $61.20 for two or more children. The rebate will be available from
the 257 Medicare offices throughout Australia. An estimated 230 000 families
with 350 000 children will benefit from the scheme.
- In line with the election commitment to meet the full demand for
work-related child care by 2001, an estimated increase of about 29 000 child
care places will be funded in 1993-94. These will include 500 centre-based
places in direct partnership arrangements with local governments and community
groups in NSW and Victoria, 12,500 fully Commonwealth-funded places in outside
school-hours care in NSW and Victoria and 4000 family day care places.
- Following an evaluation of the pilot program for the care of sick children,
innovative models will be created. Approximately $1 million will be provided
in 1993-94 for capital grants to employers, established child care centres and
family day care schemes. Recurrent funding will be available to mainstream
child care centres and family day care schemes.
- Supplementary Services Grants for private and employer-sponsored child care
centres will be extended to December 1994, pending an evaluation of the entire
Supplementary Service Grants Program. The grants assist private and
employer-sponsored child care centres to provide appropriate child care to
children with additional needs. The grants provide a range of services that
enable children with special needs (such as children from a non-English
speaking background, children with a disability, and Aboriginal and Torres
Strait Islander children) to be provided with appropriate child care.
- A National Childcare Accreditation Council established in July 1993 by the
Commonwealth Government will implement a Quality Improvement and Accreditation
System for monitoring quality standards of child care centres.
- Goods used by long-day care centres, outside school-hours care, vacation
care services and coordination units of family day care schemes will be
exempted from Sales Tax.
- From 1 April 1993, Childcare Assistance has been paid on hours of
attendance, rather than hours of care booked. Exceptions include provisions
for sick days, holidays, or short periods at the beginning and end of the day.
The purpose of the new arrangement is to ensure that funds are distributed
equitably and used responsibly.
ARTICLE 12 HEALTH CARE
National Women's Health Program
The National Women's Health Program aims to improve women's health and
wellbeing and encourages greater health system responsiveness to women's
needs. The Program will be extended for a further four-year phase, from
1993-94 to 1996-97, with nearly $30 million allocated for this period.
A further $3.5 million has been allocated over four years for a longitudinal
study of women's health to guide future planning and delivery of health
services for women.
National Program for the Early Detection of Breast Cancer
The National Program for the Early Detection of Breast Cancer is a
Commonwealth-State cost-shared program which aims to reduce breast cancer
deaths through early detection. Screening and assessment will be accessible to
all eligible women (those over 40 years) at little or no direct cost, with
women aged from 50-69 specifically targeted for participation. The program is
being implemented over a five year period from July 1991, with Commonwealth
funding of $64 million allocated in the first three years. Screening and
assessment services have been established in all States and the Australian
Capital Territory.
Some of the initiatives in the area of breast cancer detection since June 1992
included:
- The establishment of twelve new services bringing the total of services to
twenty two.
- Over 335,000 women have been screened to date, with 95,000 of those screens
occurring between July and October 1993.
- A report commissioned to investigate ways of providing breast cancer
screening to remote Aboriginal communities has been completed, and the
Northern Territory has been offered a Screening and Assessment contract based
on the recommendations of the Report.
- To date 50% of screening and assessment services have been accredited. All
services established under the program will be accredited in accordance with
the provisions of the National Accreditation Guidelines.
- An episode on breast cancer screening was produced and screened by the
Special Broadcasting Service, as part of the 'English at Work' series was
shown in May and October 1993.
- The States have been approached to put forward ideas for additional Program
initiatives for Aboriginal and Torres Strait Islander women.
Organised Approach to the Prevention of Cancer of the Cervix
All States and Territories signed formal agreements with the Commonwealth in
June 1992 on the Organised approach to the Prevention of Cancer of the Cervix.
The agreements provide for cytology registries, screening services to meet
special needs, education, communication and data collection. A total of $23.4
million has been allocated by the Commonwealth to this program over the four
years 1991-92 to 1994-95. States and Territories will contribute a further $9
million to the program over the same period.
Some of the activities undertaken in 1992-93 included:
- On 25 November, the Pap Smear Reminder Card was launched to remind women to
have a Pap Smear every two years. Over three million cards have been
distributed.
- A major electronic and print advertising campaign began in February 1993,
including an information line and an episode on cervical cancer of the Special
Broadcasting Commission (SBS) program, 'English at Work' aired in May and
August 1993.
As an outcome of the 1993 report, Making the Pap Smear Better, people involved
in smear taking, assessment and reporting will be encouraged to improve the
quality of cervical screening services through grants to key medical colleges
to improve training and accreditation.
In 1993 the New South Wales Cancer Council produced a report on differences in
migrant cancer rates and types from 1972-1993. The report found that cancer of
the cervix is significantly more prevalent in Vietnamese migrant women.
Alternative Birthing Program
The Alternative Birthing Service Program provides funding for States and
Territories to establish appropriate and safe birthing services with a strong
emphasis on midwife care for women who choose not to give birth in a
traditional hospital setting. The original program was funded for the four
years 1989 to 1993. The program will receive a further $8.5 million for the
four-year period 1993-94 to 1996-97.
Indigenous Women
At their meeting on 29 March-1 April 1993, ATSIC Commissioners agreed to the
development of a comprehensive Women's Health Policy. A Technical Reference
Group, to include Aboriginal and Torres Strait Islander women health experts
will be convened to consider the draft policy. The policy will complement the
National Aboriginal and Torres Strait Islander Health Strategy and will
include agreed women's health goals and targets. As well as identifying
Aboriginal and Torres Strait Islander women's health needs and priorities, the
policy will cover access and equity, support services, decision-making and
education, training and employment. The finalised policy will form the basis
for funding Aboriginal and Torres Strait Islander women's health services.
Women of non-English speaking backgrounds
The Commonwealth-State Council on Non-English Speaking Background Women's
Issues produced a report in 1991 title The National Non-English Speaking
Background Women's Health Strategy. The report outlined existing migrant
women's health services, making recommendations to improve their health
outcomes to form a comprehensive strategy. The recently formed Migrant Women's
Issues Working Group of the Settlement Advisory Committee which reports to the
Minister for Immigration and Ethnic Affairs has taken up the report's
recommendations and is currently liaising with the Commonwealth Minister for
Family Services and Health.
State and Territory initiatives
Tasmania
In Tasmania, Women's Health Co-ordinators have been appointed in each health
region to implement the State and National Women's Health Policies and to
develop regional women's health initiatives. During 1993-94 regional
consultative mechanisms will be developed to support and advise the regional
women's health co-ordinators. Each co-ordinator will be responsible for
developing regional and local initiatives and will give high priority to
access problems experienced by women in low income areas and rural/isolated
areas; the needs of women as carers; and the health needs of Aboriginal and
Torres Strait Islander women and women from non-English speaking background.
The Tasmanian Women's Health Policy is based on the premise that women's
health services must be able to offer a range of programs to address the
diversity of needs identified by women. It identifies strategies for improving
the mainstream services for women and when appropriate supports the
development of special services. The Policy also promotes the involvement of
women from the community in decision making, planning and management of health
services. Outcomes of this process are aimed at ensuring that health services
allow women choice, they are accessible, particularly to rural and isolated
women, are affordable, and reflect the various roles women play in society.
Queensland
In August 1993, the Queensland Government launched the Women's Health Policy.
The policy identifies the following health issues as priorities: reproductive
health and sexuality; health of ageing women; women's emotional and mental
health; violence against women; occupational health and safety; health needs
of women as carers; and, effects on women's health of sex role stereotyping.
The Key Action areas of the policy are improvements in health services for
women; provision of a health information service for women; research and data
collection on women's health; women's participation in decision making on
health, and, training of health care providers.
New South Wales
A twelve month pilot program undertaken by the New South Wales Women's
Advisory Council to identify barriers facing Aboriginal women in rural and
remote communities from undertaking regular pap smears was completed in March
1993. Many issues were identified in the program, such as lack of knowledge or
reluctance to use mainstream health services. Other reasons result from the
overall poor health outcomes of Aboriginal women, such as obesity, alcohol
abuse, poor diet and inappropriate family planning, resulting in high
incidence of youth maternity. The program was therefore extended to include
information about sexually transmitted diseases, family planning, the
importance of good nutrition and exercise programs. The state government
response has been positive to the program. A submission has been made for
further funding.
Australian Capital Territory
The Australian Capital Territory offers special health services for women
which address a range of issues including: comprehensive maternity care;
health promotion and community education projects focusing on menopause;
H[V/AIDS; injury prevention, assertiveness training; groups for women with
eating disorders; and, courses for survivors of violence. The government has
allocated funds for additional pregnancy counselling targetted at women with
unplanned pregnancies.
The Australian Capital Territory Alcohol and Drug Service provides a range of
programs aimed at women, including individual counselling, and treatment
services. A Women's Halfway House is to be opened in 1993-94 and will cater
for a range of women, including women who have completed a treatment program,
women who receive methadone treatment, women who have a history of drug
problems and women who are in need of structured support.
The Australian Capital Territory Termination of Pregnancy Act 1978 was
repealed in 1992 to allow abortions to be provided by agencies outside of the
main hospital in Canberra. The Family Planning Association will be expanding
its services and will provide termination of pregnancy service for women in
the Territory late in 1993.
The Territory Attorney-General's Department is finalising a paper on surrogacy
to be tabled in the Legislative Assembly late in 1993 and then circulated for
comment for a period of three months. At the end of that time, legislation
will be introduced into the Assembly.
The Territory Government has undertaken a review of maternity services it
provides and will be seeking responses from women to the report to seek
responses of women to the priorities identified. A strategic plan for
maternity services in the territory will be developed based on the comments
received.
The health workforce
Forty-two per cent of medical undergraduates in 1991 were women and the number
of women undertaking medical studies continues to increase. Despite this,
women remain significantly under-represented in the specialties, and there is
considerable anecdotal evidence that women doctors, particularly those with
family responsibilities, are not adequately accommodated in current training
arrangements and work practices.
An issues paper on feminisation of the medical workforce is currently being
developed, in consultation with medical practitioners. The finalised paper
will be widely distributed for comment with options for such issues as
representation of women in the specialties to be covered in a further paper.
ARTICLE 13 WOMEN IN ECONOMIC, SOCIAL AND CULTURAL LIFE
Payments to Partners
Partner Allowance
From 20 September 1994, the Government will pay half the allowance/benefit
previously paid to a married rate Job Search, Newstart or Sickness Allowance
recipient or special beneficiary directly to the allowee/beneficiary's
partner. Partner Allowance (or in some cases, special benefit paid under
Partner Allowance conditions) will be available to either male or female
partners of allowees/beneficiaries. Partners of allowees/beneficiaries will
need to claim Partner Allowance (or special benefit) in their own right, but
eligibility will not involve any labour market obligations. The change will
mean that women who will be the majority of recipients of Partner Allowance
will be able to receive income support in their own right without needing a
reason to claim split payments and without having to meet the activity tests
required for separate payments.
Home Child Care Allowance
From 29 September 1994, the Home Child Care Allowance will replace the
Dependent Spouse Rebate for couples with children. Home Child Care Allowance
of up to $60 a fortnight will be paid directly to a low income partner in a
married couple. An income test will be applied to the current personal income
of the claimant but not to family income. The income test on current income
will allow access to the payment within a financial year as circumstances
change, so that women who work part of the year will be entitled to the
allowance when they become full-time carers for their children.
Over 800,000 women with children are expected to receive the Home Child Care
Allowance at any time. Around 120,000 families at any one time would be
eligible for the new allowance on a part year basis because of changing
circumstances. Also 55,000 families with very low taxable incomes who were
previously unable to gain the full value of the Dependent Spouse Rebate, will
gain an average of $20 a week from the Home Child Care Allowance. Allowees and
beneficiaries with a spouse and children currently pay no tax on their
allowance because they are protected by the Dependent Spouse Rebate. The
introduction of Partner Allowance and splitting of the beneficiary rebate will
ensure that the allowance is still protected from tax after the abolition of
the Dependent Spouse Rebate for families with children. The Dependent Spouse
Rebate will remain available through the tax system for eligible taxpayers
without children.
Women as Carers
The 1993 Commonwealth-State Ministers Conference on the Status of Women
considered a research project on women as carers which examined the economic
and social impacts upon women who are caring for a relative or spouse. A
section on employment, education and training examined the issues arising for
women who are maintaining employment while also being responsible for the care
of a disabled or aged relative. Proposals will be referred to relevant State
and Commonwealth Ministers for consideration and the issue of women as carers
will be listed as an agenda item at the 1994 Conference.
New South Wales
In March 1993, the New South Wales Women's Advisory Council published a report
of research undertaken into the health status of women who are full-time
carers for family members or significant others. The report found that women
involved in full-time caring had reduced access to income and to social
activities. Their quality of life and overall health status was affected, with
these women experiencing overall negative health outcomes. There was an
overall finding that the move away from institutionalisation and the
development of community based services for the frail aged and the disabled,
reduced choice for families about the care for their family member. A state
government response to the report is currently being developed.
Housing
The Supported Accommodation Assistance Program (SAAP) provides recurrent funds
to community groups and local government providers of supported accommodation
and related services for homeless people. The Crisis Accommodation Program
provides capital funding for these services including refuges, halfway houses,
hostels and other support services meeting the needs of women, including those
escaping violence.
SAAP was evaluated in 1992-93 with extensive community consultations; a
longitudinal study of client outcomes; and research studies on domestic
violence, assessment of the needs of children, and the impact of other
government programs, and a study of the causal factors of homelessness. Key
issues identified included the lack of affordable long-term accommodation, the
significant number of people with mental health problems who use SAAP
services, and the need for better support for children in SAAP services.
Additional growth funding of $7 million over 1992-93 and 1993-94 was allocated
by the Commonwealth and, if matched by States and Territories, will provide
$14 million for new and expanded accommodation and support services for SAAP
clients.
Housing projects undertaken in 1992-93 included the Northern Territory Women's
Housing Needs Research Project, the Northern Territory Support Needs of
Homeless Young Women Project and research by the Tasmanian Women's Housing
Network into the accommodation needs of very young women (under 18).
Women and Credit
In the Australian Capital Territory, consumer organisations have found that
women have the same access as men to loans, mortgages and other forms of
financial credit. Legislation has been developed enabling the establishment of
a trust fund for financial counselling and credit education. This will be
used, amongst other initiatives, to provide counselling and education to
specifically address 'sexually transmitted' debt. In the 1993-94 financial
year the Consumer Affairs Bureau will develop guidelines for the allocation of
funding from the Financial Counselling/Credit Education Trust Fund.
Women and Economic Equality
In 1993-94 the Queensland Government will be producing a Strategy on Women and
Economic Equality.
Sport
The Women and Sport Unit (WSU) of the Australian Sports Commission aims to
raise the participation and status of women and girls in all aspects of sport
in Australia. During 1992-93, the WSU produced a National Catalogue on Women
and Sport Resources and received over 8000 requests for information and
resources in response to it.
Under the Active Girls Campaign banner, the WSU, in conjunction with State
Departments of Sport, conducted 21 Active Girls Triathlons in every State and
Territory of Australia with the focus on fun and participation. Over 1700
girls participated in the events. 1993-94 will see the continuation and
expansion of the Active Girls Triathlon series with up to 30 event across all
States and Territories.
A resource kit for teachers has been produced in association with the National
Heart Foundation to identify barriers to participation of women and girls in
physical activity and sport, and to provide strategies to overcome them. The
WSU conducted the second annual Prime Ministerial Women and Sport Awards
function in Sydney on 18 February 1993. The Awards recognise exemplary
achievements in all aspects of women's and girls' sport. The awards scheme
also provides two scholarships to assist young women pursuing tertiary studies
in a sports-related field. Over 250 nominations for the awards and 64
scholarship applications were received in 1992-93.
The WSU conducted two seminars and produced a training manual for the focus on
Marketing and Management Campaign. This campaign provides training and
experience to sportswomen and administrators of women's sport in media,
marketing and management. Four 'Focus on Marketing and Management' seminars
will be conducted for female sport administrators in 1993-94.
The Australian Sports Commission (ASC) has incorporated gender equity
requirements into the guidelines on the preparation of Cooperative
Arrangements with National Sporting Organisations. Those that do not meet this
requirement by 1995 will jeopardise their government funding.
Northern Territory
The Northern Territory Office of Sport, Recreation and Ethnic Affairs has
appointed a Project Office for Women in Sport in 1993. A Policy on Women in
Sport will be developed in 1993-94.
Tasmania
In 1991-92, $67,000 was allocated to the Women in Sport program, by the
Tasmanian Department of Tourism, Sport and Recreation. Funding covered the
employment of a sports consultant and some regional staff, and the development
of programs which addressed issues such as inequality of opportunity, low
levels of media coverage and poor government and corporate funding.
The Tasmanian Sports Development Grant Program administered by Tourism, Sport
and Recreation totalled $503,000, of which 45% was relevant to women and
girls. Key policy issues addressed by this program include the promotion of
equal access and establishing equitable policies for state sporting
organisations.
Western Australia
In November 1992, the Western Australian Women's Sport Foundation took over
the advisory role of the Women in Sport Advisory Council which was disbanded.
Media
With funding from the National Working Party on the Portrayal of Women in the
Media, the Australian Film Commission's Women's Program commissioned a survey
of women's participation in the film, television and video industry. This
major research project was completed and released in December 1992. The
report, What do I Wear for a Hurricane? assesses the current position of women
in the industry and recommends changes to improve training, employment and
career opportunities.
Museums
The National Women's Consultative Council, with funding assistance from the
Aboriginal and Torres Strait Islander Commission, sponsored a National
Conference on Australian Indigenous Women and Museums in Adelaide in March
1993, which recommended ways for Government to ensure sensitive portrayal and
presentation of Aboriginal and Torres Strait Islander women's art and culture.
A two-day conference on 'Images of Women: Women and Museums in Australia' was
held in Canberra on 13-14 October 1993. It included discussions and workshops
on ensuring that women's lives, histories and contributions to Australian
culture are properly represented in museum collections and exhibitions.
Performing and Visual Arts
During 1992, the Australia Council and the Western Australian Department for
the Arts conducted a pilot study of women in the performing and visual arts
and crafts in Western Australia. The report of the study, entitled What
Difference Does it Make?: Women in the Performing and Visual Arts in Western
Australia, covering the performance, exhibition, collection and purchase of
women's art, was launched in June 1993.
Environment
The Commonwealth Department of the Environment, Sport and Territories (DEST)
is coordinating the Government's implementation of Agenda 21, and works
closely with the Office of the Status of Women. DEST encourages its programs
and policies to address participation by women through the principles and
policies endorsed in the National Ecologically Sustainable Development
Strategy.
In 1992-93, the Tasmanian Government funded a 'Women in the Built Environment'
statewide consultation, undertaken by the Tasmanian Women's Consultative
Council. The Consultation identified the impact of the Built Environment upon
the lifestyle and quality of life of women, the issues which influence women's
use of the Built Environment, the issues which influence women's access to the
process of decision making with regard to development in the Built
Environment, and the ways in which the Built Environment may be better
designed to meet the needs of women, including women with special needs.
ARTICLE 14 RURAL WOMEN
Rural Access Program
The Rural Access Program (RAP) began in July 1991, and allows people in rural
and remote regions to plan, organise and deliver activities and projects to
meet community needs. The program recognises the particular disadvantage of
women in rural Australia. Around one-third of the $1.51 million available in
1992-93 was provided for projects assisting women.
A total of 154 RAP grants were made in 1992-93, which included 59 women's
projects. This included:
- ten Aboriginal women to attend a Bi-cultural Life Studies pilot course at
Casuarina, Northern Territory, which covered cultural heritage, health and
social issues;
- therapy, counselling and support groups in Casino, New South Wales, for
women and their children affected by domestic violence; and,
- a Women in Agriculture International Conference, to be held in Victoria in
1994, to provide an opportunity for women to meet and develop international
agricultural networks.
Rural Health Support, Education and Training Program
The Rural Health Support, Education and Training Program assists projects
which enhance opportunities for training, education or support for rural
health workers. Eight current programs focus on women. These include education
in maternity nursing, birth education, courses in women's health, and
assistance for indigenous health workers to improve the health of women and
babies. Further funds were allocated to 39 nursing projects including
supporting development of higher degree nurse education, continuing education
activities and special skills training.
Women from non-English speaking backgrounds
Migrant Resource Centres have been established in remote areas like Alice
Springs with a special emphasis on the needs of non-English speaking
background women, who have extra difficulties in gaining access to essential
services in isolated areas.
Violence against women
Five pilot projects will be funded at a total cost of $2.62 million to assist
women and children living in rural and remote areas to escape domestic
violence. The projects will provide support and advice on housing, financial
and legal aspects, and will provide 24 hour contact services, usually through
a free 008 telephone help line. The pilot projects will be funded for two
years and will then bc evaluated to decide whether they should be expanded to
other regions.
Telecentres
Telecentres provide up-to-date computing and telecommunications services for
rural and remote areas as a way of enhancing economic, educational, training
and social opportunities. Funding of $2.8 million over four years from 1992-93
has been provided to assist community organisations to establish telecentres.
By 30 June 1993, the Minister for Primary Industries and Energy had announced
funding for 13 telecentres, with three being fully operational. Modern
computing and telecommunications technology and services are rarely accessible
to women in rural areas. Women are strongly involved in telecentres and are
members of most community telecentre committees. Twenty-five per cent of
successful telecentre applications are coordinated by women.
Additional funding of $300 000 was provided in the 1993-94 Budget to increase
the coverage of the program by increasing the number of Telecentre approvals
from 33 to 45.
State and Territory Initiatives
Tasmania
The Tasmanian Department of Community and Health Services, through it's
Domestic Violence Advisory committee, is currently liaising with community and
governmental organisations regarding the development of models for domestic
violence services in rural and isolated areas. A report has been submitted
from the Tasmanian Women's Consultative Council.
A Domestic Violence Education for Rural Health Workers project has been
undertaken in Northern Tasmania. It involved four half-day sessions in 8 rural
areas and covered the nature of domestic violence, attitudes and values
surrounding domestic violence and issues specific to people living in rural
areas in relation to domestic violence.
The Rural Women's Network produced the Tasmanian Rural Women's Resource
Manual. The manual included the knowledge, concerns and experiences of women
from rural areas, as well as information about services available to rural
women. The manual was very popular, with a second edition being printed (8,000
copies in total), most of which have now been distributed.
Women's Training Consultants are available in all regions of Tasmania, to
provide advice to women on training options available through TAFE Colleges.
With a special emphasis being placed on information counselling and support
services which aim to broaden the range of options being considered beyond the
traditional areas.
The Department of Health and Community Services, in 1992-93, funded a number
of programs aimed at women in rural and isolated areas. In 1993, the Tasmanian
Women's Consultative Council received funding through the Commonwealth
Department of Immigration and Ethnic Affairs, Migrant Access Program, to
develop a health education initiative for Migrant Women living on the West
Coast of Tasmania. The grant will be utilised to develop a health pamphlet for
Phillipino and Thai women, outlining services available to them and
appropriate health actions.
In 1992, the Tasmanian Women's Consultative Council (North-West Region)
undertook a survey of 'Women in Mining Towns'. The study focussed on the
impact that the threat of redundancies through mine closures and the winding
down of operations in mining towns, has upon women in these communities. The
report of this survey was released for public comment. As a direct consequence
of the report, representatives of the Women's Consultative Council (North-West
Region), met with the Chamber of Mines to discuss strategies mining companies
could consider to facilitate the more effective dissemination of information
from mining companies to women in the community.
Western Australia
In Western Australia, the Rural Women's Taskforce has been disbanded. It is
envisaged that when the new Western Australian Women's Advisory Council is
appointed it will have a strong regional focus.
ARTICLE 15 EQUALITY BEFORE THE LAW
Law Reform Commission Inquiry - Equality Before the Law
In February 1993, the Prime Minister announced that the Attorney-General had
requested the Law Reform Commission to examine and report to him on the
equality of women before the law. In particular, the Commission has been asked
to look into whether changes should be made to existing Commonwealth or
Territory laws, whether additional laws are required, whether changes should
be made to the ways laws are applied in Commonwealth courts and tribunals,
possible legislative approaches to law reform, and any non-legislative
approaches. The Commission will look at political and public life and the
legal profession, education, employment, health care, economic life, law,
marriage and family relationships, liberty and security of person, nationality
and immigration, social and cultural life and equality among women.
An interim report is expected in December 1993 and a final report in 1994.
Costs of public hearings and community consultations are being met by the
Commission with a contribution of $30 000 from the Office of the Status of
Women.
Gender Awareness Raising Programs
Under the Commonwealth Community Education program: STOP VIOLENCE AGAINST
WOMEN a number of programs have also been funded which aim to identify and
address gender bias in the operation of the law and the legal system,
including:
- A gender awareness program for members of the judiciary and magistracy being
developed by the Australian Institute of Judicial Administration to run over
three years;
- A pilot program on gender bias for Family Court judges and judicial
registrars;
- The Australian Law Reform Commission's 'Equality Before the Law' reference.
The issue of violence against women will be a recurrent and major theme
throughout this reference and the Commonwealth's community education program
is providing assistance to the Commission to facilitate wide community
involvement in the consultation process;
- A conference, held in Melbourne in June 1993, organised by the Australian
Women's Research Centre examined judicial attitudes as they impact on women.
The conference was addressed by a number of key speakers including Canadian
Professor, Kathleen Mahoney, Justice Elizabeth Evatt, and The Hon. Duncan
Kerr, Commonwealth Minister for Justice. The Conference also developed a
number of strategies for future action which will be available shortly;
- Professor Kathleen Mahoney also visited Canberra to address a Press Club
luncheon and meet with others working on matters pertaining to the elimination
of violence against women.
State and Territory initiatives
Queensland
In Queensland a review of the Criminal Code was completed during 1993 with
many public submissions received detailing concerns with rape law reform,
child sex abuse and so on. The process is continuing and is expected to be
completed some time in 1994.
New South Wales
The New South Wales Ministry for the Status and Advancement of Women is
conducting research into gender bias in the legal system. The project has been
divided into three research categories: women as victims; women as litigants;;
and, women working in the legal system. Research into women as litigants will
focus on women in the civil jurisdiction, both as applicants and witnesses.
Areas such as family law, de-facto legislation, corporate law, employment law,
victim compensation and common law personal injury will be considered.
Over the past two years, the New South Wales Ministry for the Status and
Advancement of Women has been engaged in an Aboriginal Women and the Law
project. This project involved consultations with Aboriginal women in
communities throughout New South Wales to assess Aboriginal women's knowledge
of and access to legal services. Aboriginal women were also asked for their
ideas for strategies which could be employed to assist them in gaining access
to legal services, particularly those relating to protection from physical and
sexual violence. A number of recommendations and strategies have been proposed
in a consultation report which is currently being circulated for comment.
ARTICLE 16 MARRIAGE AND FAMILY RELATIONS
International Year of the Family activities
All State, Territory and local governments, and all Commonwealth government
departments are undertaking initiatives for the International Year of the
Family. $4 million has been allocated for central coordination activities,
including appointment of the National Council for the International Year of
the Family and a national communications program.
Nine priorities have been agreed as the focus for consultations and policy
development, culminating in the release of an Australian Agenda for Families
at the end of 1994. These priorities include the recognition of unpaid caring
work, better sharing of caring work between men and women and balancing work
and family responsibilities, and strategies to reduce family violence.
Family Resource Centres
Eleven Family Resource Centres are now operating in disadvantaged areas to
support local family service agencies in Ipswich, Logan and Cairns
(Queensland), Fairfield, Penrith and Wyong (NSW), Whittlesea, Latrobe Valley
and South East Melbourne (Victoria), Elizabeth (SA), and Alice Springs (NI ).
Following a planning conference in May 1993, a national Family Resource Centre
network has been developed.
Assistance to Families
$1.5 million over the next three years will provide 3000 new playgroups to
assist an estimated 50 000 families.
Child Support Scheme
The Government commissioned the Child Support Evaluation Advisory Group
(CSEAG) to monitor the implementation of the Child Support Scheme. The CSEAG
was chaired by Justice John Fogarty, a Judge of the Family Court of Australia.
The CSEAG's report Child Support in Australia was tabled in Parliament by the
Government in 1992. In summarising its conclusion, the CSEAG described the
Australian Child Support Scheme as having achieved greater reliability of
child support payments, fairer and more adequate amounts being paid and better
integration of the maintenance payment and social security systems.
The Government announced a number of measures in response to the CSEAG report
in the 1992/93 Budget including:
- Measures to enable faster distribution of child support payments;
- Extending arrangements enabling private collection of child support;
- Disregarding special maintenance for children with disabilities;
- Adjusting the child support formula to recognise substantial periods of
access with non-custodial parents; and
- Extension of child support information forums for non-custodial parents.
A Joint Select Committee on Certain Family Law Issues was established by the
Parliament in May 1993. The Committee s major task has been determined to be
an inquiry into the operation and effectiveness of the Child Support Scheme.
The Joint Select Committee called for submission and conducted a phone in for
members of the public to call to discuss aspects of the Child Support Scheme
of concern to them. The Joint Select Committee is expected to table a report
on the outcomes of the inquiry early in 1994.
State and Territory initiatives
Tasmania
In Tasmania, amendments are currently being drafted to the Fatal Accident Act,
Motor Accident Compensation and Liabilities Act, the Workers Compensation Act
and the Testator Family Maintenance Act, to recognise the rights of de facto
spouses. There is currently no provision for de facto spouses to share in a
distribution on an intestacy or in relation to the distribution of property on
the breakdown of a marriage. However, the Attorney-General has agreed to a
referral of powers from the State to the Commonwealth in regard to the
jurisdiction of de facto property disputes
The Tasmanian Adoption Act 1988, establishing peoples' rights to information,
was proclaimed in 1992. An Amendment to the Act occurred in 1993. Single women
are entitled to adopt children in 'exceptional circumstances'. However,
couples must be legally married for a minimum of 3 years to adopt, although
stable, continuous co-habitation prior to marriage may be included in those 3
years. In addition, the Tasmanian Community Services legislation is currently
being drafted incorporating Child Welfare Act (wardship), Juvenile Justice and
Disability Services.
Australian Capital Territory
A discussion paper entitled 'A proposal for Domestic Relationship Legislation
in the Australian Capital Territory' has been released along with proposed
legislation to provide for property distribution on breakdown of domestic
relationships. This would allow those who are living in a relationship with
another person to apply for adjustment of property based on direct and
indirect financial contributions as well as non-financial contributions to the
property or financial benefit of the other person. The relationship must be of
a domestic nature, and may include de facto spouses, non-related adults or
family members.
The Australian Capital Territory Adoption Act 1993 commenced on 31 July 1993.
It provides that de facto couples, living in heterosexual relationships and
single persons can adopt in specified circumstances. It provides that where
consent to adopt has been given and the child is not placed for adoption the
matter be subject to judicial review within one year. It further provides
safeguards to ensure that consent to adoption by birth parents is freely
given.