DRESS CODES

The Hon. R.I. LUCAS (15:23): I seek leave to make a brief explanation before asking the Minister for the Status of Women a question about the subject of dress code double standards.

Leave granted.

The Hon. R.I. LUCAS: Last Sunday, a young male would-be patron at 9pm endeavoured to enter the Lion Hotel, which most members would be familiar with, in North Adelaide. There was a 30th birthday celebration going on and the young male would-be patron had been invited as a guest. The bouncers at the Lion Hotel refused entry to this person on the basis that the young male was wearing a pair of what he describes as 'fashionable shorts'.

The bouncers indicated that males were not allowed to wear shorts into the Lion Hotel of an evening. When the young male patron indicated that young females inside the Lion Hotel were wearing shorts and there appeared to be some discrimination in the policy of the Lion Hotel, the security staff said, 'Well, they are the rules, and you won't be allowed in.'

The Sunday Mail in January 2007, under the heading of 'Open-toe the line, pubs told,' stated:

Pubs and clubs have been warned not to discriminate between men and women with their dress code after a popular beachside hotel was forced to change its footwear standards. The Equal Opportunity Commission issued its warning to SA's 600-plus hotels after investigating a complaint of sex discrimination, which began when a man was ejected from the front bar in the Stamford Grand Hotel in Glenelg for wearing brown thongs about 6pm on a spring Sunday.

I will not read all the gory detail of the Sunday Mail story in relation to the arguments for the case. I am sure there are other questions. Let me come to the final statement from the Equal Opportunity Commissioner, as follows:

Equal Opportunity Commissioner Linda Matthews said the overwhelming majority of hotels and clubs knew they couldn't discriminate with their dress code. 'But some still do and these operators run the risk of someone making a complaint and—if mediation is not successful—face an Equal Opportunity Tribunal which can award an unlimited amount of monetary damages to the person discriminated against', she said.

I hasten to say that the issue was resolved with the involvement of the Equal Opportunity Commissioner through conciliation, and a non-discriminatory dress code at the Stamford Grand was instituted which allowed males and females to be treated equally. My questions are as follows:

1. Does the minister accept that it is unfair that hotels or clubs could allow young women to enter those premises wearing fashionable shorts but to exclude or discriminate against young men who are wearing a similar fashionable pair of shorts?

2. Is the minister aware of the 2006 decision or announcement of the Equal Opportunity Commissioner in relation to this issue of dress code double standards, and has she as the Minister for the Status of Women received any similar complaints in relation to the dress codes of Adelaide's hotels and clubs?

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy) (15:27): Talk about back to the future! I thank the honourable member for his most interesting questions. In terms of receiving other complaints I can confidently say that, absolutely to the best of my abilities and knowledge, I am not aware of receiving any other complaints about dress codes at pubs and clubs. I believe the Hon. Robert Lucas is my first. I would have to check my records to be absolutely certain about that, of course, but it is certainly not an issue that I have to say—

Members interjecting:

The PRESIDENT: Order!

The Hon. G.E. GAGO: As I was saying, this is not an issue that I can in all honesty say I have put a lot of thought, consideration and research into, given that I believe this is probably the first complaint of this nature, but I would have to check my records to be absolutely certain about that.

In terms of dress codes, I understand that pubs and clubs do formulate their dress codes and that the dress codes vary over time. Fashion dictates certain standards. I recall that many years ago there were dress standards that were much lower in some cases. There was one facility where men had to at least wear a singlet rather than go bare-chested. Anyway, they do vary from time to time, as I said, as fashion dictates. My view is that it is really in the best interests of pubs and clubs not to discriminate in terms of dress codes. It is in everyone's best interests to have something that is even and fair handed, sensible to our climate, and fair and equitable.

In terms of cases that may have occurred, as I have already put on record, this is not an issue to which I have given a great deal of thought and consideration, but I am happy to be briefed about where the EO commissioner currently stands in relation to these issues and the sorts of messages she is sending out to industry. I am also happy to discuss with her the level of complaints she might have received in the commission, in order to get a feel for it. In terms of this very important question, I think that just about sums it up.