Nick Xenophon (SA, Independent) Share this | Hansard source

I indicate that I would like to ask Senator Feeney to respond to some of the matters raised by Senator Brandis and what Senator Brandis says are unintended consequences. As I understand it, with proposed section 7A(2), you need to get over the threshold of showing that:

… the discriminator imposes, or proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging persons with family responsibilities.

I would have thought that would not be an easy threshold to show. You would need to show that the act of disadvantage is linked to that person's family responsibilities; that would be the burden of proof for someone seeking to bring a claim for discrimination. I would like the parliamentary secretary, Senator Feeney, to comment on that.

Secondly, Senator Brandis has raised a number of concerns in relation to issues of regulatory burden, if you like, and I want that to be explored in terms of instances where Senator Brandis says this would apply. The bill says in proposed section 7A(3):

This section has effect subject to sections 7B and 7D—

of the Sex Discrimination Act. Section 7B does take into account the issue of reasonableness. It takes into account:

(a) the nature and extent of the disadvantage resulting from the imposition, or proposed imposition, of the condition, requirement or practice; and

(b) the feasibility of overcoming or mitigating the disadvantage; and

(c) whether the disadvantage is proportionate to the result sought by the person who imposes, or proposes to impose, the condition, requirement or practice.

So there is that aspect of it.

There is another issue that I wanted to raise—again, with both the government and the opposition. Before I do that, I should refer to section 7D of the Sex Discrimination Act; this proposed amendment that the opposition opposes refers to section 7D. Section 7D is headed 'Special measures intended to achieve equality'. It says:

A person may take special measures for the purpose of achieving substantive equality—

(Time expired)