Re: [NSW] CityRail Guard

["Dave Proctor" <thadocta@spambait.dingoblue.net.au>]

nobody wrote in message <386de735@pink.one.net.au>...

>Hmm okay so the minister can give exemptions under NSW law, but what about
>under commonwealth law? If this was not the case in commonwealth law then a
>person could then argue that the NSW law is inconsistant with the
>Commonwealth law and thus is irrelevant. Commonwealth law overrules state
>law.

Commonwealth law only overrides state law when there is a power specifically
vested in the Commonwealth, or when the external provisions (in relations to
treaties, etc) come into play.

Besides, Section 7D of the Commonwealth Sex Discrimination Act 1984
provides:

"(1) A person may take special measures for the purpose of achieving
substantive equality between:
(a) men and women; or"

(it then goes on to deal with marital status, etc).

The section can be found at
http://www.austlii.edu.au/au/legis/cth/consol_act/sda1984209/s7d.html

So it *could* be argued that this section would apply to CityRail, on the
basis that it was trying to even up the situation. But even if it couldn't,
Section 13 -
http://www.austlii.edu.au/au/legis/cth/consol_act/sda1984209/s13.html -
would come into play.

"13.(1) Section 14 does not apply in relation to employment by an
instrumentality of a State."

Section 14 -
http://www.austlii.edu.au/au/legis/cth/consol_act/sda1984209/s14.html -
provides that it is unlawful to discriminate on the grounds of sex.

Since CityRail is clearly a state instrumentality, the Commonwealth
legislation does not apply, leaving the state legislation as the determining
law.

Hope this helps.

Dave