Reservation to CEDAW Article 11(2)

22. Australia is reviewing its reservation to CEDAW Article 11(2), noting the existence of and recent reforms to Australia's legislated PPL scheme.
23. Australia's national, federally funded PPL scheme introduced on 1 January 2011, provides eligible working parents access to a payment for taking time off work to care for an infant or newly adopted child. Eligibility factors include income, a work test and residency rules.¹³
24. The Government has modernised Australia's PPL scheme, key reforms include:
    • expanding access from 20 weeks by 2 weeks annually from 1 July 2024, until it reaches 26 weeks per family from 1 July 2026;
    • making the scheme more gender neutral so either parent can claim first;
    • introducing 'reserved leave' from 1 July 2023, increasing by one week annually from 1 July 2025. By 1 July 2026 each parent will have 4 weeks of entitlement for exclusive use. The remaining 18 weeks can be shared;
    • legislating payment of superannuation on its PPL scheme for births or adoptions from 1 July 2025, to reduce gendered gaps in superannuation balances at the time of retirement.
25. The Government's PPL scheme is in addition to employer‑funded PPL schemes operating through statutory entitlements, enterprise agreements and workplace policies. Approximately 63% of Australian employers with 100 or more employees offer independent PPL; with 86% of them pay superannuation on that leave; 33% offering PPL regardless of gender.
    • Under the National Employment Standards, employees in the national workplace relations system are entitled to unpaid parental leave and related entitlements. Each parent can take up to 12 months unpaid parental leave or up to 24 months if their employer agrees. Neither is affected by how much leave their partner takes.

Legislative amendments following previous concluding observations

26. In 2017, the Marriage Act 1961 (Cth) (Marriage Act) was amended to enable same‑sex couples to legally marry in Australia. Same-sex marriages represented 6% of all marriages in 2018, 5% in 2019, 4% in 2020 and 3% in 2021.¹⁴
27. The Crimes (Domestic and Personal Violence) Act 2007 (NSW) has undergone amendments to ensure the safety and protection of victim-survivors in domestic violence situations are at the forefront of police response. Commencing between March 2020-2021, amendments include:
    • extending the default duration of Apprehended Personal Violence Orders (APVOs) from one-2 years (s79A);
    • clarifying Apprehended Domestic Violence Orders (ADVOs) may be sought and made for an indefinite duration in severe cases (s79B);
    • requiring ADVOs be made against adult offenders sentenced to a prison term with a duration 2 years longer than their prison sentence (s39(2A) and (2C));
    • stipulating matters the court is to consider when determining duration of an ADVO (s79A(3));
    • clarifying police powers to vary Apprehended Violence Orders conditions in urgent circumstances (provisions under Part 7 (s27(3A), 28B, 29, 32(1)(c), 33(1)(b) and 33A(1)).
28. Following reforms to ADVO duration, NSW Bureau of Crime Statistics and Research released a report (November 2023) on the impact of ADVO duration on offending and breaches.¹⁵
29. In 2022, as part of reforms made by the Crimes Legislation Amendment (Coercive Control) Act 2022 (NSW), a statutory definition of 'domestic abuse' was introduced into the Crimes (Domestic and Personal Violence) Act 2007 (NSW) as s6A.
30. The Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 (Cth) criminalised forced marriage and harbouring a victim of trafficking and established standalone offences of forced labour and organ trafficking. Subsequent amendments (Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2015 (Cth) and Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cth)) expanded the definition of forced marriage, increased applicable penalties, and captured all marriages involving children under 16. The Australian Federal Police (AFP) report forced marriage is one of the most reported crimes within the definition of human trafficking and modern slavery.
31. In 2013 the Sex Discrimination Act 1984 (Cth) (Sex Discrimination Act) was amended to prohibit direct discrimination against employees on the basis of sexual orientation, gender identity and intersex status. From 2013 to 30 September 2024, the Australian Human Rights Commission (AHRC) has investigated over 1,400 complaints of unlawful discrimination on these grounds.
32. Between 2021-2024, the Government amended the Sex Discrimination Act in response to recommendations from Respect@Work: Sexual Harassment National Inquiry Report (Respect@Work Report). The Government passed Anti-Discrimination and Human Rights Legislation (Respect@Work) Act 2022 (Cth), providing safe and sexual harassment-free workplaces. The Government passed the Australian Human Rights Commission Amendment (Costs Protection) Act 2024 (Cth), modifying 'equal access' cost protection to apply consistently across federal anti‑discrimination laws to alleviate barriers to justice where adverse costs orders may pose a risk for applicants.
33. In 2024, Part IAD of the Crimes Act 1914 (Cth) was amended to implement trauma-informed measures supporting vulnerable persons when appearing as complainants and/or witnesses in Commonwealth criminal proceedings. The amendments implement recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse.
34. In 2023, amendments to the Family Law Act 1975 (Cth) (Family Law Act) made the family law system safer and simpler for separating families to navigate, requiring the court to consider arrangements promoting the safety of the child and the child's carers, including safety from family violence, abuse, neglect or other harm. There are measures to protect victim-survivors of family violence from systems abuse through introduction of harmful proceedings orders.