{"id":"F2018L00246","name":"Sex Discrimination Regulations 2018","slug":"sex-discrimination-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439522,"registerId":"F2018L00246-fast-fetch-1775955516602","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Sex Discrimination Regulations 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSex Discrimination Regulations 2018\n\nI, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 02 March 2018\n\nPeter Cosgrove\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nChristian Porter\n\nAttorney‑General\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Care or services that are Commonwealth‑funded aged care\n\nSchedule 1—Repeals\n\nSex Discrimination Regulations 1984\n\n \n\n \n\n1  Name\n\n  This instrument is the Sex Discrimination Regulations 2018.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 15 March 2018\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Sex Discrimination Act 1984.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Care or services that are Commonwealth‑funded aged care\n\n (1) This section sets out classes of care or services prescribed for the purposes of paragraph (c) of the definition of Commonwealth‑funded aged care in subsection 4(1) of the Sex Discrimination Act 1984.\n\n (2) Care or services in relation to which the Commonwealth has made, or is to make, payments for the purposes of a program referred to in any of the following items of the table in Part 4 of Schedule 1AA to the Financial Framework (Supplementary Powers) Regulations 1997 are prescribed:\n\n (a) item 415.016 (access and information);\n\n (b) item 415.017 (home support);\n\n (c) item 415.018 (residential and flexible care);\n\n (d) item 415.019 (workforce and quality);\n\n (e) item 415.020 (ageing and service improvement).\n\n (3) Aged care or services (or similar care or services) that are provided under any of the following instruments, and in relation to which the Commonwealth has made, or is to make, payments to the provider of such care or services, are prescribed:\n\n (a) the Treatment Principles made under section 90 of the Veterans’ Entitlements Act 1986;\n\n (b) those Treatment Principles as modified by the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) (Modifications of the Treatment Principles) Instrument 2013 made under section 16 of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006;\n\n (c) the MRCA Treatment Principles made under section 286 of the Military Rehabilitation and Compensation Act 2004.\n\n (4) Aged care or services (or similar care or services) that are provided under an arrangement made under Part V of the Veterans’ Entitlements Act 1986, and in relation to which the Commonwealth has made, or is to make, payments to the provider of such care or services, are prescribed.\n\nSchedule 1—Repeals\n\n \n\nSex Discrimination Regulations 1984\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of regulations under the Sex Discrimination Act 1984. It maintains the same scope as the original 1984 regulations—defining Commonwealth-funded aged care for anti-discrimination purposes—while updating the specific program references to reflect current funding mechanisms. There is no expansion beyond the original regulatory purpose."},"complexity_factors":["Very short instrument (only 5 substantive sections plus a repeal schedule)","Only 1 defined concept (Commonwealth-funded aged care) with 4 subsections of prescription","Minimal cross-referencing—only references to the parent Sex Discrimination Act 1984, the Financial Framework Regulations, and various veterans' legislation","No conditional logic or nested exceptions","Straightforward repeal of predecessor instrument in Schedule 1","Single purpose: prescribing classes of care for one definition in the principal Act"],"plain_english_summary":"This instrument repeals the 1984 Sex Discrimination Regulations and replaces them with updated rules that define which Commonwealth-funded aged care services fall under the Sex Discrimination Act 1984. \n\nIt affects federally funded aged‑care providers, veterans’ care under DVA schemes, and people using those services by ensuring sex‑discrimination protections apply to modern funded aged‑care arrangements."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument replaces the Sex Discrimination Regulations 1984 (Schedule 1) and redefines which aged‑care services qualify as “Commonwealth‑funded aged care” by linking that category to specific Commonwealth payment programs and named treatment instruments (see s 5). The change shifts the legal test for coverage from the prior instrument’s provisions to a payments‑and‑instrument‑based formulation, so scope is altered and clarified by reference to those external payment instruments."},"complexity_factors":["Narrow, focused instrument with limited substantive provisions (ss 1–5; Schedule 1).","Extensive cross‑references to external instruments and payment items — s 5(2) refers to Part 4 of Schedule 1AA to the Financial Framework (Supplementary Powers) Regulations 1997 (items 415.016–415.020).","References to separate statutory treatment instruments and arrangements — s 5(3) cites Treatment Principles under the Veterans’ Entitlements Act 1986 and MRCA Treatment Principles; s 5(4) cites Part V arrangements of the Veterans’ Entitlements Act 1986.","Repeals prior regulatory instrument entirely — Schedule 1 repeals the Sex Discrimination Regulations 1984, replacing earlier regulatory detail.","Practical compliance depends on administrative payment decisions: whether a provider is captured turns on whether the Commonwealth has made (or will make) payments under the listed programs/instruments (s 5(2)–(4)).","Commencement mechanics use a commencement table with a deemed start date (s 2(1)), which can matter for transitional application."],"plain_english_summary":"This regulation updates how the Sex Discrimination Act treats “Commonwealth‑funded aged care”: it names which classes of aged‑care services count as Commonwealth‑funded by linking that status to specified Commonwealth payment programs and particular veterans’ and military treatment instruments, and it repeals the 1984 Regulations. It affects aged‑care providers who receive Commonwealth payments (including certain veterans’ and defence treatment schemes) by placing those paid services within the Act’s coverage; the Commonwealth’s payment decisions therefore determine who is captured."}},"importantCases":[],"_links":{"self":"/api/acts/sex-discrimination-regulations-2018","history":"/api/acts/sex-discrimination-regulations-2018/history","analysis":"/api/acts/sex-discrimination-regulations-2018/analysis","conflicts":"/api/acts/sex-discrimination-regulations-2018/conflicts","importantCases":"/api/acts/sex-discrimination-regulations-2018/important-cases","documents":"/api/acts/sex-discrimination-regulations-2018/documents"}}