The Equal Opportunity Act 2010 (VIC), can be found here:
This act covers discrimination on a number of grounds and in a number of areas. The pertinent ground and area for the girl school uniform debate is sex and education.
While we encourage you to peruse the legislation document, we have outlined below the crucial areas for the girl school uniform debate:
Relevant sections for school uniforms:
Section 7 Meaning of discrimination
(1) Discrimination means—
(a) direct or indirect discrimination on the basis of an attribute; or
(b) a contravention of section 17, 19, 20, 22, 32, 33, 40, 45, 54, 55 or 56.
(2) Discrimination on the basis of an attribute includes discrimination on the basis—
(a) that a person has that attribute or had it at any time, whether or not he or she had it at the time of the discrimination;
(b) of a characteristic that a person with that attribute generally has;
(c) of a characteristic that is generally imputed to a person with that attribute;
(d) that a person is presumed to have that attribute or to have had it at any time.
Section 9 Indirect discrimination
(1) Indirect discrimination occurs if a person imposes, or proposes to impose, a requirement, condition or practice—
(a) that has, or is likely to have, the effect of disadvantaging persons with an attribute; and
(b) that is not reasonable.
(2) The person who imposes, or proposes to impose, the requirement, condition or practice has the burden of proving that the requirement, condition or practice is reasonable.
(3) Whether a requirement, condition or practice is reasonable depends on all the relevant circumstances of the case, including the following—
(a) the nature and extent of the disadvantage resulting from the imposition, or proposed imposition, of the requirement, condition or practice;
(b) whether the disadvantage is proportionate to the result sought by the person who imposes, or proposes to impose, the requirement, condition or practice;
(c) the cost of any alternative requirement, condition or practice;
(d) the financial circumstances of the person imposing, or proposing to impose, the requirement, condition or practice;
(e) whether reasonable adjustments or reasonable accommodation could be made to the requirement, condition or practice to reduce the disadvantage caused, including the availability of an alternative requirement, condition or practice that would achieve the result sought by the person imposing, or proposing to impose, the requirement, condition or practice but would result in less disadvantage.
(4) In determining whether a person indirectly discriminates it is irrelevant whether or not that person is aware of the discrimination.
Section 38 – Discrimination by educational authorities
(2) An educational authority must not discriminate against a student—
(a) by denying or limiting access to any benefit provided by the authority; or
(b) by expelling the student; or
(c) by subjecting the student to any other detriment.
Section 42 – Exception—standards of dress and behaviour
(1) An educational authority may set and enforce reasonable standards of dress, appearance and behaviour for students.
(2) In relation to a school, without limiting the generality of what constitutes a reasonable standard of dress, appearance or behaviour, a standard must be taken to be reasonable if the educational authority administering the school has taken into account the views of the school community in setting the standard.