57. The Sex Discrimination Act provides that a person does not discriminate against another person if a measure is intended to achieve substantive equality. The Act authorises affirmative action – allowing a person to take special measures to achieve substantive equality between men and women. Intersectional special measures are possible if the special measure complies with legislative requirements under the relevant Act. Similarly, the Race Discrimination Act allows for special measures to be taken to advance the human rights of certain racial or ethnic groups.
58. The Sex Discrimination Act empowers the AHRC to grant temporary exemptions from certain provisions under the Act that may constitute unlawful discrimination.²¹

Gender-responsive public procurement

59. The Workplace Gender Equality Procurement Principles require businesses employing 100 or more people to be compliant with the WGE Act if they are to be considered for Government contracts. Businesses must meet gender equality standards, report to WGEA on performance against Gender Equality Indicators, and report this performance to employees, shareholders and governing bodies.