Attorney General and Solicitor General Act 1972

Constitution Act 1975

County Court Act 1958

Magistrates' Court Act 1989

Public Prosecutions Act 1994

Supreme Court Act 1986

Courts Legislation (Judicial Pensions) Bill 2005

It was submitted that the sections in these Acts referring to “spouse” for the purposes of identifying the recipients of pension payments discriminates against de facto and same-sex partners

Replaces the term “spouse” with the term “partner” to ensure payments are available to de facto and same sex partners

Children and Young Persons Act 1989

Children and Young Persons (Age Jurisdiction) Act 2004

s 3 defines “child” as a person under the age of 17 or 18 for different purposes of the Act. It was submitted that this definition of child is out of step with the definition in other states.

Sections 130(1), 240(1), 246, 248(1)(b) authorise the detention of children in remand centres and adult prisons. It was submitted that this has a disparate impact on young Aboriginal people who are overrepresented in the criminal justice system.

s 3 changes the definition of “child” to a person under the age of “18” or “19” to bring the definition in line with other states.

Long Service Leave Act 1992

Long Service Leave (Amendment) Bill 2005

s 59 does not specifically refer to casual workers. It was submitted that it is unclear whether the Act covers casuals, most of whom are women.

s 59 defines “employee” so as to include casual and seasonal employees

s 56, which provides for long service leave to be paid at the rate of “ordinary pay” together with s 64(1), which defines “ordinary pay” as the pay the employee is entitled to receive at the time he or she takes leave. It was submitted that this may discriminate against women and people with disabilities who may have worked full time, but who work reduced hours when returning to the workforce.

s 64(4) provides that where the employee’s average weekly hours are not fixed, or are fixed but change in the 12 months prior to leave, the employee's normal weekly number of hours is the greater of the average weekly number of hours in the 12 months immediately before leave is taken, or the average weekly number of hours in the 5 years immediately before leave is taken.