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Legislation

There are a number of laws and conventions, which acknowledge the importance of employees being able to meet their family responsibilities.

In March 1990 Australia ratified the International Labour organisation (ILO) Convention 156 on Workers with Family Responsibilities. This convention recognises that achieving a balance between work and family responsibilities has benefits for the whole community.

In ratifying ILO Convention 156, Australia is committed to providing a climate in which workers with family responsibilities have the right to work without discrimination and with consideration given to their family responsibilities in the workplace.

The Equal Opportunity for Women in the Workplace Act 1999 indirectly covers this Convention.

The NSW Anti-Discrimination Amendment (Carers' Responsibilities) Act 2000 includes carers' responsibilities as a ground of discrimination in NSW. It is unlawful to discriminate against or harass someone because they have responsibilities to care for an immediate family member, or because you believe (correctly or not) that they have, will have or had such responsibilities.

Immediate family members are defined to include biological, adoptive, fostering and step-relationships including: your parent, grandparent, brother, sister, child or grandchild, your partner (whether married or de facto, same or opposite sex, current or former partner) and their parent, grandparent, brother, sister, child or grandchild.

Employers must provide reasonable adjustments to assist employees with carers' responsibilities unless this would cause "unjustifiable hardship”. Unjustifiable hardship is considered on a case by case basis.  A mutual solution should be genuinely sought, and a flexible approach should be taken in considering requests.

The Commonwealth Sex Discrimination Act 1984 prohibits dismissal on the grounds of family responsibilities and can also cover employment discrimination and discrimination in the delivery of services on these grounds as a form of indirect discrimination.

The Federal Workplace Relations Act 1996 includes a range of provisions to assist people balance their work and family responsibilities. The Act’s principal object is to ‘provide a framework for cooperative workplace relations, which promotes the economic prosperity and welfare of the people of Australia by: assisting employees to balance their work and family responsibilities effectively through development of mutually beneficial work practices with employers; and respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, extraction or social origin.’

Commonwealth Department of Industrial Relations, Workplace Relations Act User Guide, no.16 January 1999

Last reviewed: 2 January, 2009