Tag: legislation
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Sex Discrimination Act 1984 (Cth) — An Analysis
Introduction The Sex Discrimination Act 1984 (Cth) was enacted to address discrimination on the ground of sex. It gave effect to the Convention on the Elimination of All Forms of Discrimination Against Women and promoted “the principle of the equality of men and women.” That object only works if men and women can be identified.…
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Surrogacy in Australia: If It Requires So Many Safeguards, Should We Be Regulating It or Ending It?
Surrogacy is legal in every Australian state and territory, yet Australia has no single national surrogacy law. Instead, it is regulated primarily through separate state and territory legislation. There is one broad point of agreement: commercial surrogacy is prohibited across Australia, while altruistic surrogacy is permitted. In an altruistic arrangement, a surrogate may have certain…
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Online Safety Act 2021 (Cth) — Detailed Analysis
Background, Purpose and Legislative Structure The Online Safety Act 2021 (Cth) is the principal Commonwealth statute establishing Australia’s regulatory framework for specified categories of online harm. It received Royal Assent on 23 July 2021. The bulk of its operative provisions commenced on 23 January 2022, replacing and expanding the framework previously contained in the Enhancing…
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Anti-Discrimination Act 1991 (Qld): Analysis of Sex, Gender Identity, Sexuality and Sex Characteristics
This analysis examines the Anti-Discrimination Act 1991 (Qld) (the Act) as currently in force, with particular attention to the protected attributes of sex, gender identity, sexuality and sex characteristics. Definitions (Schedule 1 – Dictionary) The Act does not define “sex”. Gender identity, of a person— (a) is the person’s internal and individual experience of gender,…
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National Standards Are Clear: Midwifery in Australia Remains Woman-Centred
Midwifery practice in Australia is governed by national law and professional standards that place women at the centre of care. The primary legislation is the Health Practitioner Regulation National Law, which establishes the Nursing and Midwifery Board of Australia (NMBA). The NMBA’s Midwife standards for practice (2018) explicitly state that the standards “are framed within…
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Equal Opportunity Act 2010 (Vic): Analysis of Sex, Gender Identity, Sexual Orientation and Sex Characteristics
This is a policy analysis of the key provisions in Victoria’s Equal Opportunity Act 2010 (the Act) relating to sex, gender identity, sexual orientation, and sex characteristics. It draws on the current consolidated text of the Act (as at mid-2026), including amendments from 2021 that updated several definitions. Definitions (Section 4) The Act provides explicit…