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It's About Time - For a New Regulatory Approach to Equality

2000, SSRN Electronic Journal

Abstract

Ibid xvii. Federal Law Review Volume 36 ____________________________________________________________________________________ It's About Time-For A New Regulatory Approach to Equality 119 ____________________________________________________________________________________ sexual harassment. 11 In 2002, HREOC conducted a major inquiry into paid maternity leave, and issued a final report-A Time to Value: Proposal for a National Paid Maternity Leave Scheme. 12 The inquiry looked around the world and found that Australia was a laggard in being one of only two nations in the Organisation for Economic Cooperation and Development ('OECD') (along with the United States) that does not have a national paid maternity leave scheme. 13 In response, HREOC put forward a comprehensive, well-considered and costed proposal to introduce a paid maternity leave scheme that would have at least enabled Australia to meet the minimum international standards. 14 There is some evidence that the inquiry and report raised awareness and shifted community expectations about paid maternity leave and this prompted some response by employers. 15 However, this (moderate) corporate response was not matched by government. The recommendation for paid maternity leave was rejected and instead a 'Baby Bonus' was introduced granting a lump sum to parents in respect of all births. 16 This was a welcome contribution to the expenses of a newborn, but the payment that was not means tested or related to workforce participation failed to challenge the family-unfriendliness of many workplaces. By 2005, with no paid maternity leave scheme on the horizon, 17 HREOC broadened its focus to inquire into work and care generally, launching the consultation with a discussion paper, Striking the Balance: Women, Men, Work and Family. 18 The aim of this inquiry was to broaden the 'work and family debate' to better include men's role in family life; to include forms of care other than child care (such as elder care and care for people with disability); and to highlight the relationship between paid work and unpaid work. 19