Discrimination Act 1991 (ACT)

Discrimination Act 1991   

A1991-81

Republication No 53

Effective:  16 November 2025

Republication date: 16 November 2025

Last amendment made by A2025‑29

About this republication

The republished law

This is a republication of the Discrimination Act 1991 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Discrimination Act 1991

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Dictionary  2

3            Notes  2

4            Objects of Act  2

4AA         Interpretation beneficial to people with protected attributes                   3

4A          Meaning of doing an act  4

5AA         Meaning of disability  4

5AB         Liability of person relying on assistance animal etc  6

5A          Meaning of potential pregnancy  6

5B          Unjustifiable hardship  7

6            MLAs as employers  7

6AOffences against Act—application of Criminal Code etc 8

Part 2      Discrimination to which Act applies

7           Protected attributes  9

8            Meaning of discrimination  11

Part 3      Unlawful discrimination

Division 3.1              Discrimination in work

10          Applicants and employees  12

11          Employees—religious practice  13

12          Commission agents  13

13          Contract workers  14

14          Partnerships  14

15          Professional or trade organisations  15

16          Qualifying bodies  16

17          Employment agencies  16

Division 3.2              Discrimination in other areas

18          Education  17

19          Access to premises  17

20          Goods, services and facilities  18

21          Accommodation  18

22          Clubs  19

23          Requests etc for information  20

23A         Sporting activities  20

23B         Competitions  21

23C         Administration of territory laws etc  21

Part 4      Exceptions to unlawful discrimination

Division 4.1              General exceptions

24          Domestic duties  23

25          Residential care of children  23

25A         Adoption  23

26          Domestic accommodation etc  24

26A         Preselection by employment agencies  25

27          Measures intended to achieve equality  25

28          Insurance and superannuation  26

30          Acts done under statutory authority etc  27

31          Clubs and voluntary bodies  27

32          Religious bodies  28

33A         Discrimination relating to accommodation, goods or services etc          30

33B         Genuine occupational qualifications  30

33C         Inherent requirements of employment  31

33D         Competitions—age  31

Division 4.2              Exceptions about sex, relationship status, pregnancy or breastfeeding

35          Employment of couple  31

36          Educational institutions for members of one sex  32

37          Pregnancy, childbirth or breastfeeding  32

38          Services for members of one sex  32

39          Accommodation provided for employees, contract workers or students    32

41          Sporting activities—sex  33

Division 4.4              Exceptions relating to religious or political convictions

44          Religious workers  34

45          Political workers etc  34

46          Religious educational institutions  35

Division 4.5              Exceptions relating to disability

50          Discrimination by qualifying bodies etc  36

51          Discrimination by educational institutions  36

52          Discrimination relating to access to premises  37

53          Discrimination in the provision of goods and services  38

54          Discrimination relating to accommodation  38

56          Public health  38

57          Sporting activities—disability  39

Division 4.6              Exceptions relating to age

57B         Youth wages  40

57C         Employment and work—health and safety  40

57E         Education—minimum-age admissions  41

57G         Legal incapacity  41

57H         Benefits and concessions  41

57J         Goods, services and facilities—health and safety  41

57K         Recreational tours and accommodation  42

57M         Sporting activities—age  42

Division 4.7              Exceptions relating to profession, trade, occupation or calling

57N         Discrimination in profession, trade, occupation or calling  42

Division 4.8              Exceptions relating to employment status

57O         Discrimination relating to employment status  43

Division 4.9              Exceptions relating to immigration status

57P         Discrimination relating to immigration status  43

Division 4.10            Exception relating to physical features

57R         Health and safety—physical features  43

Part 5      Sexual harassment

58          Meaning of sexual harassment for pt 5  44

59          Employment etc  44

60          Educational institutions  45

61          Access to premises  46

62          Provision of goods, services and facilities  46

63          Accommodation  46

64          Clubs  46

65          Sporting activities—sexual harassment  46

66          Competitions—sexual harassment  46

67          Administration of territory laws etc—sexual harassment  47

Part 7      Other unlawful acts

67A         Unlawful vilification  48

68          Victimisation  49

69          Unlawful advertising  50

Part 8      General principles about unlawful acts

70          Onus of establishing exception etc  51

71          Unlawful act not an offence  51

72          Unlawful act no basis for civil action  51

73          Aiding etc unlawful acts  51

Part 9      Positive duties

74          Positive duty to make reasonable adjustments  52

75          Positive duty to eliminate discrimination, sexual harassment and unlawful vilification 52

76          Exception or exemption for positive duties  54

Part 10     Exemptions

109         Grant of exemptions  55

110         Review by ACAT  56

Part 12     Miscellaneous

121         Secrecy  57

121A        Acts and omissions of representatives  58

122         Relationship to other laws  59

123         Regulation-making power  59

Dictionary60

Endnotes

1            About the endnotes  69

2            Abbreviation key  69

3            Legislation history  70

4            Amendment history  80

5            Earlier republications  105

Discrimination Act 1991

An Act to make certain kinds of discrimination unlawful and to provide for related matters

Part 1Preliminary

1. Name of Act

   This Act is the Discrimination Act 1991.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

   For example, the signpost definition ‘discriminate—see section 8.’ means that the word ‘discriminate’ is defined in section 8.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Objects of Act

   The objects of this Act are—

   (a)to eliminate discrimination to the greatest extent possible; and

   (b)to promote and protect the right to equality before the law under the Human Rights Act 2004, including—

   (i)the right to enjoy a person’s human rights without distinction or discrimination of any kind; and

   (ii)the right to the equal protection of the law without discrimination; and

   (iii)the right to equal and effective protection against discrimination on any ground; and

   (c)to encourage the identification and elimination of systemic causes of discrimination; and

   (d)to promote and facilitate the progressive realisation of equality, as far as reasonably practicable, by recognising that—

   (i)discrimination can cause social and economic disadvantage and that access opportunities are not equitably distributed throughout society; and

   (ii)equal application of a rule to different groups can have unequal results or outcomes; and

   (iii)the achievement of substantive equality may require the making of reasonable adjustments, reasonable accommodation and the taking of special measures.

4AAInterpretation beneficial to people with protected attributes

This Act must be interpreted in a way that is beneficial to a person who has a protected attribute, to the extent it is possible to do so consistently with—

(a)the objects of this Act; and

(b)human rights under the Human Rights Act 2004.

NoteThe Legislation Act, s 139 (1) (which is about interpreting legislation to be consistent with its purpose) and the Human Rights Act 2004, s 30 (which is about interpreting legislation to be consistent with human rights) are also relevant to interpreting territory laws.

4AMeaning of doingan act

(1)In this Act:

doing an act includes failing to do the act.

NoteThe Legislation Act, dict, pt 1 defines fail to include refuse.

(2)In this Act, a reference to doing an act because of a particular matter includes a reference to doing an act because of 2 or more matters that include the particular matter, whether or not the particular matter is the dominant or substantial reason for doing the act.

5AAMeaning of disability

(1)In this Act:

disability means—

(a)total or partial loss of a bodily or mental function; or

(b)total or partial loss of a part of the body; or

(c)the presence in the body of organisms that cause disease or illness; or

(d)the presence in the body of organisms that are capable of causing disease or illness; or

(e)the malfunction, malformation or disfigurement of a part of the body; or

(f)a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction; or

(g)a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour; or

(h)any other condition prescribed by regulation.

(2)For this Act, disability includes—

(a)behaviour that is a symptom or manifestation of the disability; and

(b)a disability that a person may have in the future, including because of a genetic disposition to the disability; and

(c)a disability that it is thought a person may have in the future, whether or not—

(i)the person has a genetic disposition to the disability; or

(ii)there is anything else to indicate the person may have the disability in the future; and

NoteDisability also includes a disability that the person has or is thought to have, and a disability that the person has had in the past, or is thought to have had in the past (see s 7 (2)).

(d)reliance on—

(i)a support person; or

(ii)a disability aid; or

(iii)an assistance animal.

(3)In this section:

assistance animal means an assistance animal trained to assist a person with disability to alleviate the effect of the disability (including by guiding a person who is blind or vision impaired or alerting a person who is deaf or hearing impaired to sounds), that satisfies any requirements prescribed by regulation.

disability aid—

(a)means equipment (including a palliative or therapeutic device) that is generally recognised to alleviate an effect of a disability; and

(b)includes anything prescribed by regulation.

NotePower to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

support person means a person who provides assistance or services to another person because of a disability the other person has.

Examples

carer, assistant, interpreter, reader

5ABLiability of person relying on assistance animal etc

(1)This section applies to a person with disability who relies on an assistance animal or disability aid.

(2)Nothing in this Act affects the liability of the person for any injury, loss or damage caused by the person’s assistance animal or disability aid.

(3)In this section:

assistance animal—see section 5AA (3).

disability aid—see section 5AA (3).

5AMeaning of potential pregnancy

In this Act:

potential pregnancy, of a woman, includes—

(a)the fact that the woman is or may be capable of bearing children; and

(b)the fact that the woman has expressed a desire to become pregnant; and

(c)the fact that the woman is likely, or is perceived as being likely, to become pregnant.

5BUnjustifiable hardship

For this Act, in deciding whether unjustifiable hardship would be imposed on a person by having to accommodate another person’s protected attribute, all relevant circumstances must be taken into account, including the following:

(a)the benefit or detriment likely to be received or experienced by each person;

(b)the protected attributes of the other person;

(c)the estimated cost to, and financial circumstances of, the person claiming unjustifiable hardship.

1. MLAs as employers

   (1)For this Act, a member of the Legislative Assembly (in his or her capacity as an office-holder or otherwise) is taken to be an employer in relation to a person who is, or who is seeking to be, employed under the Legislative Assembly (Members’ Staff) Act 1989, section 5 or 10 as a member of the staff of the member.

   (2)In this section:

   office-holder—see the Legislative Assembly (Members’ Staff) Act 1989, dictionary.

6AOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2Discrimination to which Act applies

1. Protected attributes

   (1)This Act applies to discrimination on the ground of any of the following attributes (a protected attribute):

   (a)accommodation status;

   (b)age;

   Examples—par (b)

   because the person is a child or young person or an older person

   (c)association (whether as a relative or otherwise) with a person who is identified by reference to another protected attribute;

   (d)breastfeeding;

   (e)disability;

   (f)employment status;

   (g)gender identity;

   (h)genetic information;

   (i)immigration status;

   (j)industrial activity;

   (k)irrelevant criminal record;

   (l)parent, family, carer or kinship responsibilities;

   (m)physical features;

   (n)political conviction;

   (o)pregnancy;

   (p)profession, trade, occupation or calling;

   (q)race;

   (r)record of a person’s sex having been altered under the Births, Deaths and Marriages Registration Act 1997 or a law of another jurisdiction that corresponds, or substantially, corresponds, to the Act, section 26 (Alteration of register);

   (s)relationship status;

   (t)religious conviction;

   (u)sex;

   (v)sex characteristics;

   (w)sexuality;

   (x)subjection to domestic or family violence.

   (2)For this Act, protected attribute includes—

   (a)a characteristic that people with the attribute generally have; and

   (b)a characteristic that people with the attribute are generally presumed to have; and

   (c)the attribute that a person has; and

   (d)the attribute that a person has had in the past, whether or not the person still has the attribute; and

   (e)the attribute that a person is thought to have, whether or not the person has the attribute; and

   (f)the attribute that a person is thought to have had in the past, whether or not the person has had the attribute in the past.

2. Meaning of discrimination

   (1)For this Act, discrimination occurs when a person discriminates either directly or indirectly, or both, against someone else.

   (2)For this section, a person directly discriminates against someone else if the person treats, or proposes to treat, another person unfavourably because the other person has 1 or more protected attributes.

   (3)For this section, a person indirectly discriminates against someone else if the person imposes, or proposes to impose, a condition or requirement that has, or is likely to have, the effect of disadvantaging the other person because the other person has 1 or more protected attributes.

   (4)However, a condition or requirement does not give rise to indirect discrimination if it is reasonable in the circumstances.

   (5)In deciding whether a condition or requirement is reasonable in the circumstances, the matters to be taken into account include—

   (a)the nature and extent of any disadvantage that results from imposing the condition or requirement; and

   (b)the feasibility of overcoming or mitigating the disadvantage; and

   (c)whether the disadvantage is disproportionate to the result sought by the person who imposes, or proposes to impose, the condition or requirement.

Part 3Unlawful discrimination

Division 3.1               Discrimination in work

1. Applicants and employees

   (1)It is unlawful for an employer to discriminate against a person—

   (a)in the arrangements made for the purpose of deciding who should be offered employment; or

   (b)in deciding who should be offered employment; or

   (c)in the terms or conditions on which employment is offered.

   (2)It is unlawful for an employer to discriminate against an employee—

   (a)in the terms or conditions of employment that the employer affords the employee; or

   (b)by denying the employee access, or limiting the employee’s access, to opportunities for promotion, transfer or training or to any other benefit associated with employment; or

   (c)by dismissing the employee; or

   (d)by subjecting the employee to any other detriment.

   (3)To remove any doubt, an employer discriminates against an employee if the employer denies the employee access to a benefit associated with employment because the employee is in a same-sex relationship.

   Example of discrimination

   denying an employee who is in a same-sex relationship access to parental leave that is available to other parents

   (4)Subsection (3) is in addition to, and does not limit, any other provision of this Act that provides what is, or is not, discrimination under this Act.

1. Employees—religious practice

   It is unlawful for an employer to discriminate against an employee on the ground of religious conviction by refusing the employee permission to carry out a religious practice during working hours, being a practice—

   (a)of a kind recognised as necessary or desirable by people of the same religious conviction as that of the employee; and

   (b)the performance of which during working hours is reasonable having regard to the circumstances of the employment; and

   (c)that does not subject the employer to unreasonable detriment.

2. Commission agents

   (1)It is unlawful for a principal to discriminate against a person—

   (a)in the arrangements made for the purpose of deciding who should be engaged as a commission agent; or

   (b)in deciding who should be engaged as a commission agent; or

   (c)in the terms or conditions on which engagement as a commission agent is offered.

   (2)It is unlawful for a principal to discriminate against a commission agent—

   (a)in the terms or conditions that the principal affords the agent; or

   (b)by denying the agent access, or limiting the agent’s access, to opportunities for promotion, transfer or training or to any other benefit associated with the position as an agent; or

   (c)by terminating the engagement; or

   (d)by subjecting the agent to any other detriment.

3. Contract workers

   It is unlawful for a principal to discriminate against a contract worker—

   (a)in the terms or conditions on which the principal allows the contract worker to work; or

   (b)by not allowing the contract worker to work or continue to work; or

   (c)by denying the contract worker access, or limiting the contract worker’s access, to any benefit associated with the relevant work; or

   (d)by subjecting the contract worker to any other detriment.

4. Partnerships

   (1)It is unlawful for any people who are proposing to form themselves into a partnership to discriminate against a person—

   (a)in deciding who should be invited to become a partner in the partnership; or

   (b)in the terms or conditions on which the person is invited to become a partner in the partnership.

   (2)It is unlawful for a partner in a partnership to discriminate against a person—

   (a)in deciding who should be invited to become a partner in the partnership; or

   (b)in the terms or conditions on which the person is invited to become a partner in the partnership.

   (3)It is unlawful for a partner in a partnership to discriminate against another partner in the partnership—

   (a)by denying the partner access, or limiting the partner’s access, to any benefit arising from being a partner in the partnership; or

   (b)by expelling the partner from the partnership; or

   (c)by subjecting the partner to any other detriment.

5. Professional or trade organisations

   (1)In this section:

   organisation means an association or organisation of employers or employees.

   (2)It is unlawful for an organisation, the committee of management of an organisation or a member of the committee of management of an organisation to discriminate against a person who is not a member of the organisation—

   (a)by failing to accept the person’s application for membership; or

   (b)in the terms or conditions on which the organisation is prepared to admit the person to membership.

   NoteThe Legislation Act, dict, pt 1 defines fail to include refuse.

   (3)It is unlawful for an organisation, the committee of management of an organisation or a member of the committee of management of an organisation to discriminate against a member of the organisation—

   (a)by denying the member access, or limiting the member’s access, to any benefit provided by the organisation; or

   (b)by depriving the member of membership or varying the terms of membership; or

   (c)by subjecting the member to any other detriment.

6. Qualifying bodies

   It is unlawful for an authority or body that is empowered to confer, renew, extend, revoke or withdraw an authorisation or qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to discriminate against a person—

   (a)by failing to confer, renew or extend the authorisation or qualification; or

   (b)in the terms or conditions on which it is prepared to confer, renew or extend the authorisation or qualification; or

   (c)by revoking or withdrawing the authorisation or qualification or varying the terms or conditions on which it is held; or

   (d)by subjecting the person to any other detriment.

   NoteThe Legislation Act, dict, pt 1 defines fail to include refuse.

7. Employment agencies

   It is unlawful for an employment agency to discriminate against a person—

   (a)by refusing to provide the person with any of its services; or

   (b)in the terms or conditions on which it offers to provide the person with any of its services; or

   (c)in the way in which it provides the person with any of its services; or

   (d)by subjecting the person to any other detriment.

Division 3.2               Discrimination in other areas

1. Education

   (1)It is unlawful for an educational authority to discriminate against a person—

   (a)by failing to accept the person’s application for admission as a student; or

   (b)in the terms or conditions on which it is prepared to admit the person as a student.

   NoteThe Legislation Act, dict, pt 1 defines fail to include refuse.

   (2)It is unlawful for an educational authority to discriminate against a student—

   (a)by denying the student access, or limiting the student’s access, to any benefit provided by the authority; or

   (b)by expelling the student; or

   (c)by subjecting the student to any other detriment.

2. Access to premises

   It is unlawful for a person to discriminate against another person—

   (a)by refusing to allow the other person access to, or the use of, any premises (public premises) that the public or a section of the public is entitled or allowed to enter or use (whether for payment or not); or

   (b)in the terms or conditions on which the discriminator is prepared to allow the other person access to, or the use of, public premises; or

   (c)in relation to the provision of means of access to public premises; or

   (d)by refusing to allow the other person the use of any facilities (public facilities) in public premises that the public or a section of the public is entitled or allowed to use (whether for payment or not); or

   (e)in the terms or conditions on which the discriminator is prepared to allow the other person the use of public facilities; or

   (f)by requiring the other person to leave public premises or cease to use such facilities.

3. Goods, services and facilities

   It is unlawful for a person (the provider) who (whether for payment or not) provides goods or services, or makes facilities available, to discriminate against another person—

   (a)by refusing to provide those goods or services or make those facilities available to the other person; or

   (b)in the terms or conditions on which the provider provides those goods or services or makes those facilities available to the other person; or

   (c)in the way in which the provider provides those goods or services or makes those facilities available to the other person.

4. Accommodation

   (1)It is unlawful for a person (whether as principal or agent) to discriminate against another person—

   (a)by refusing the other person’s application for accommodation; or

   (b)in the terms or conditions on which accommodation is offered to the other person; or

   (c)by deferring the other person’s application for accommodation or according to the other person a lower order of precedence in any list of applicants for that accommodation.

   (2)It is unlawful for a person (whether as principal or agent) to discriminate against another person—

   (a)by denying the other person access, or limiting the other person’s access, to any benefit associated with accommodation occupied by the other person; or

   (b)by evicting the other person from accommodation occupied by the other person; or

   (c)by subjecting the other person to any other detriment in relation to accommodation occupied by the other person.

5. Clubs

   (1)It is unlawful for a club, the committee of management of a club or a member of the committee of management of a club to discriminate against a person who is not a member of the club—

   (a)by failing to accept the person’s application for membership; or

   (b)in the terms or conditions on which the club is prepared to admit the person to membership.

   NoteThe Legislation Act, dict, pt 1 defines fail to include refuse.

   (2)It is unlawful for a club, the committee of management of a club or a member of the committee of management of a club to discriminate against a member of the club—

   (a)in the terms or conditions of membership that are afforded to the member; or

   (b)by failing to accept the member’s application for a particular class or type of membership; or

   (c)by denying the member access, or limiting the member’s access, to any benefit provided by the club; or

   (d)by depriving the member of membership or varying the terms of membership; or

   (e)by subjecting the member to any other detriment.

6. Requests etc for information

   It is unlawful for a person to discriminate against another person by requesting or requiring information (whether by way of completing a form or otherwise) in connection with, or for the purpose of performing, an act that is or would be unlawful under any other provision of this part or under part 5, 6 or 7.

23ASporting activities

It is unlawful for a person responsible for the organisation or administration of a formally organised sporting activity (including a coach or manager) to discriminate against another person in relation to participation in the activity.

Examples—formally organised sporting activity

·     basketball competition organised by a private school

·     dodgeball league match

Examples—informally organised sporting activity

·     backyard cricket match between friends

·     game at a child’s birthday party

23BCompetitions

It is unlawful for a person responsible for the organisation or administration of a formally organised competition to discriminate against another person in relation to participation in the competition.

Examples—formally organised competition

·     singing competition organised by a commercial radio station

·     weekend chess competition for individuals under 18 years old

·     short film festival run by a not-for-profit organisation

23CAdministration of territory laws etc

(1)It is unlawful for a public authority to discriminate against a person when administering a territory law, or an ACT government program or policy.

(2)Subsection (1) does not—

(a)affect the law relating to the privileges of the Legislative Assembly; or

(b)apply to—

(i)for the Office of the Legislative Assembly—an act done, or a practice engaged in, by the Office when exercising a function in relation to a proceeding of the Legislative Assembly; or

(ii)for an ACT court—an act done, or a practice engaged in, by the ACT court other than an act done, or a practice engaged in, by the ACT court in relation to a matter of an administrative nature; or

(iii)the doing of an act mentioned in section 18 (whether or not the act is done by an educational authority).

(3)In this section:

ACT court—

(a)means the Supreme Court, Magistrates Court, Coroner’s Court or a tribunal; and

(b)includes a judge, magistrate, tribunal member or any other person exercising a function of the court or tribunal in relation to the hearing or determination of a proceeding before the court or tribunal.

administering, a territory law or ACT government program or policy, includes exercising a function under the law or carrying out the program or policy.

function of a public nature—see the Human Rights Act 2004, section 40A.

public authority means any of the following:

(a)an administrative unit;

(b)a territory authority;

(c)a territory instrumentality;

(d)a Minister;

(e)a public employee;

(f)an entity whose functions are or include functions of a public nature, when it is exercising those functions for the Territory or an entity mentioned in paragraph (a) to (e) (whether or not under contract).

Part 4Exceptions to unlawful discrimination

Division 4.1               General exceptions

1. Domestic duties

   Section 10 (1) (a) or (b) or section 13 (b) does not make it unlawful for a person (the first person) to discriminate against someone else in relation to a position as an employee or contract worker if—

   (a)the duties of the position involve doing domestic duties on the premises where the first person lives; and

   (b)the discrimination is reasonable, proportionate and justifiable in the circumstances.

2. Residential care of children

   Section 10 (1) (a) or (b) or section 13 (b) does not make it unlawful for a person to discriminate against someone else in relation to a position as an employee or contract worker if the duties of the position involve the care of a child where the child lives.

25AAdoption

This Act does not prevent the director‑general responsible for administering the Adoption Act 1993 from discriminating against a person in making a decision—

(a)under the Adoption Act 1993, section 18 in relation to the approval of a person to be registered as suitable for the placement of a child or young person for adoption; or

(b)under the Adoption Act 1993, section 19 in relation to the removal of a person’s name from the register of suitable people; or

(c)under the Adoption Act 1993, section 35A in relation to the placement of a child or young person before adoption in the care of a person who is on the register of suitable people.

1. Domestic accommodation etc

   (1)Section 21 does not make unlawful discrimination in relation to—

   (a)the provision of accommodation if—

   (i)the person who provides or proposes to provide the accommodation, or a near relative or carer of the person, lives and intends to continue to live on the premises; and

   (ii)the accommodation provided in the premises is for not more than 6 people, not including the person mentioned in subparagraph (i) and any near relative or carer of the person; or

   (b)the provision of accommodation by a charitable or voluntary body for members of a relevant class of people.

   (2)Also, section 21 does not make it unlawful for a person to discriminate on the ground of accommodation status in relation to the provision of accommodation if the discrimination is reasonable, having regard to any relevant factors.

   Example—relevant factors

   effect of the discrimination on the person discriminated against

   (3)In this section:

   near relative, of a person, means—

   (a)a parent, child, grandparent, grandchild, brother or sister of the person; or

   (b)a domestic partner of the person or of a person mentioned in paragraph (a).

   NoteFor the meaning of domestic partner, see Legislation Act, s 169.

26APreselection by employment agencies

Part 3 or part 4 does not make unlawful discrimination by an employment agency in the selection of people as suitable for a job vacancy if, had the proposed employer discriminated against the person in the same way, the discrimination would not have been unlawful.

1. Measures intended to achieve equality

   (1)Part 3 does not make it unlawful to do an act if a purpose of the act is—

   (a)to ensure that members of a relevant class of people have equal opportunities with other people; or

   (b)to give members of a relevant class of people access to facilities, services or opportunities to meet the special needs they have as members of the relevant class.

   (2)However, subsection (1) does not make it lawful to do an act for a purpose mentioned in that subsection if the act discriminates against a member of the relevant class in a way that is not reasonable for the achievement of that purpose.

   Example for s (1) (a)

   An employer runs a management skills development course for female employees only.  Part 3 does not make this unlawful if a purpose is to ensure that women have equal opportunities (in this case, for career development) with men.  Women are ‘members of a relevant class of people’ (relevant class of people is defined in the dict) because they are a class of people whose members are identified by reference to a protected attribute, in this case, sex in s 7 (1) (u).

   Example for s (1) (b)

   A health clinic provides speech therapy for autistic children only.  Part 3 does not make this unlawful if a purpose is to give autistic children access to a service that meets their special needs as autistic children.  Autistic children are ‘members of a relevant class of people’ because they are a class of people whose members are identified by reference to 2 attributes mentioned in s 7, in this case, disability in s 7 (1) (e) and age in s 7 (1) (b) (the Legislation Act, s 145 (b) provides that words in the singular include the plural ie ‘attribute’ in the def of relevant class of people can mean ‘attributes’).

2. Insurance and superannuation

   (1)This section applies to a person providing insurance or superannuation services (the insurance or superannuation services provider) who discriminates against another person (the consumer) in relation to the terms on which—

   (a)an annuity or insurance policy is offered or provided to the consumer; or

   (b)membership of a superannuation or provident fund or scheme is offered or provided to the consumer.

   (2)Part 3 does not make it unlawful for the insurance or superannuation services provider to discriminate against the consumer if—

   (a)the discrimination is based on—

   (i)actuarial or statistical data; or

   (ii)when actuarial and statistical data is unavailable—other relevant documents; and

   (b)it is reasonable for the insurance or superannuation services provider to rely on the data or other documents; and

   (c)the discrimination is reasonable, proportionate and justifiable in the circumstances.

   (3)If the consumer requests access to the data or other documents, the insurance or superannuation services provider must—

   (a)give the consumer a copy of the data or other documents, or a meaningful explanation of the data or other documents in writing; or

   (b)make the data or other documents available for inspection at a reasonable time and place.

3. Acts done under statutory authority etc

   (1)This Act does not make unlawful anything done necessarily for the purpose of complying with a requirement of—

   (a)a territory law; or

   (b)a determination or direction made under a territory law; or

   (c)an order of a court; or

   (d)an order of the ACAT.

   (2)The Minister may declare that subsection (1) (a) and (b) expire on a day stated in the declaration.

   (3)The declaration is a notifiable instrument.

   (4)Subsection (1) (a) and (b) and this subsection expire on the day stated in the declaration.

4. Clubs and voluntary bodies

   Part 3 does not make it unlawful for a club or voluntary body, or the committee of management or a member of the committee of management of the club or body, to discriminate against a person if—

   (a)the club or body is established to benefit a class of people sharing a protected attribute; and

   (b)the discrimination—

   (i)is in relation to the provision of membership, benefits, facilities or services to the person; and

   (ii)occurs because the person does not have the protected attribute; and

   (iii)is reasonable, proportionate and justifiable in the circumstances.

1. Religious bodies

   (1)Part 3 does not make it unlawful for a religious body to discriminate against a person in relation to the following:

   (a)the ordination or appointment, by the body, of priests, ministers of religion or members of an order;

   (b)the training or education of people seeking ordination or appointment, by the body, as priests, ministers of religion or members of an order;

   (c)the selection or appointment of people to exercise functions for, or in relation to, any religious observance or practice by the body;

   (d)the provision by the body of goods, services or facilities to the public if—

   (i)the discrimination—

   (A)is on the ground of religious conviction only; and

   (B)conforms to the doctrines, tenets or beliefs of the body’s religion; and

   (C)is necessary to avoid injury to the religious susceptibilities of adherents of the religion; and

   (ii)the body has published its policy in relation to the provision of goods, services or facilities; and

   (iii)the policy is readily accessible to the public;

   (e)employment by the body if—

   (i)the discrimination—

   (A)is on the ground of religious conviction only; and

   (B)conforms to the doctrines, tenets or beliefs of the body’s religion; and

   (C)is necessary to avoid injury to the religious susceptibilities of adherents of the religion; and

   (ii)the body has published its policy in relation to employment with the body; and

   (iii)the policy is readily accessible to the public;

   (f)the provision by the body of accommodation for members of a relevant class of people;

   (g)any other act or practice of the body that—

   (i)conforms to the doctrines, tenets or beliefs of the body’s religion; and

   (ii)is necessary to avoid injury to the religious susceptibilities of adherents of the religion.

   (2)Subsection (1) (d) to (g) does not apply to discrimination in relation to—

   (a)employment of a person at an educational institution; or

   (b)admission, treatment or continued enrolment of a person as a student at an educational institution.

   (3)Subsection (1) does not apply to a religious body whose sole or main purpose is a commercial purpose.

33ADiscrimination relating to accommodation, goods or services etc

Part 3 does not make it unlawful to discriminate against a person in relation to accommodation, providing goods or services or making facilities available only because a person charges for the accommodation, goods, services or facilities.

33BGenuine occupational qualifications

(1)Part 3 does not make it unlawful to discriminate against a person in relation to a position as an employee, commission agent, contract worker or business partner if—

(a)it is a genuine occupational qualification of the position that the position be filled by a person having a particular protected attribute; and

(b)the discrimination is reasonable, proportionate and justifiable in the circumstances.

Examples—genuine occupational qualifications

·     employing a female carer to provide personal care services for a woman on the basis of privacy or modesty

·     selecting a person of a particular race for a role in a theatrical performance on the basis of authenticity, aesthetics or tradition

·     preferencing people with lived experience of family and domestic violence for peer support positions in a women’s crisis centre

(2)Subsection (1) does not apply to discrimination on the ground of religious conviction.

33CInherent requirements of employment

Part 3 does not make it unlawful for an employer to discriminate against another person (a prospective employee) in relation to a position of employment if—

(a)the prospective employee is, or would be, unable to carry out the inherent requirements of the position—

(i)because of the prospective employee’s protected attribute; and

(ii)regardless of any reasonable adjustments able to be made by the employer in accordance with section 74; and

(b)the discrimination is reasonable, proportionate and justifiable in the circumstances.

33DCompetitions—age

Section 23B (Competitions) does not make it unlawful to discriminate on the ground of age by limiting participation in a competition to people belonging to a particular age group.

Division 4.2               Exceptions about sex, relationship status, pregnancy or breastfeeding

1. Employment of couple

   Part 3 does not make unlawful discrimination against a person on the grounds of relationship status in relation to a job that is 1 of 2 jobs to be held by a couple in a domestic partnership.

   NoteFor the meaning of domestic partnership, see Legislation Act, s 169.

2. Educational institutions for members of one sex

   Section 18 does not make unlawful discrimination on the ground of sex in relation to a failure to accept a person’s application for admission as a student at an educational institution that is conducted solely for students of a different sex to that of the applicant.

   NoteThe Legislation Act, dict, pt 1 defines fail to include refuse.

3. Pregnancy, childbirth or breastfeeding

   Part 3 does not make it unlawful for a person to discriminate against another person on the ground of the other person’s sex only because the first person gives rights or privileges in relation to pregnancy, childbirth or breastfeeding to other people.

4. Services for members of one sex

   Part 3 does not make unlawful discrimination on the ground of sex in relation to the provision of services the nature of which is such that they can only be provided to members of one sex.

5. Accommodation provided for employees, contract workers or students

   (1)Part 3, in its application in relation to discrimination on the ground of sex, relationship status, pregnancy or breastfeeding, does not make it unlawful for an employer or principal who provides accommodation to employees or contract workers to provide accommodation of different standards to different employees or contract workers if—

   (a)the standard of the accommodation provided is decided having regard to the number of people in the household of the employee or contract worker; and

   (b)it is not reasonable to expect the employer or principal to provide accommodation of the same standard for all employees or contract workers.

   (2)Part 3 does not make unlawful discrimination on the ground of sex in relation to the provision of accommodation if the accommodation is provided solely for people of one sex who are students at an educational institution.

6. Sporting activities—sex

   (1)Section 23A (Sporting activities) does not make it unlawful to discriminate on the ground of sex by excluding people of one sex from participation in any formally organised competitive sporting activity if—

   (a)the strength, stamina or physique of competitors is relevant; and

   (b)the discrimination is reasonable, proportionate and justifiable in the circumstances.

   (2)Subsection (1) does not apply to the following kinds of discrimination:

   (a)the exclusion of people from participation in—

   (i)the coaching of people engaged in any sporting activity; or

   (ii)the umpiring or refereeing of any sporting activity; or

   (iii)the administration of any sporting activity; or

   (iv)any other formally organised competitive sporting activity prescribed by regulation;

   (b)discrimination against a child under 12 years old.

Division 4.4               Exceptions relating to religious or political convictions

1. Religious workers

   Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or section 14 (1) (a) or (2) (a) does not make unlawful—

   (a)discrimination on the ground of religious conviction by an educational authority in relation to employment or work in an educational institution conducted by the authority; or

   (b)discrimination on the ground of religious conviction by a religious body in relation to employment or work in a hospital or other place conducted by the body in which health services are provided;

   if the duties of the employment or work involve, or would involve, the participation by the employee or worker in the teaching or practice of the relevant religion.

2. Political workers etc

   Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or section 14 (1) (a) or (2) (a) does not make unlawful discrimination on the ground of political conviction in relation to employment or work—

   (a)as an adviser to, or a member of the staff of, a Minister, the Speaker of the Legislative Assembly or a member of the Legislative Assembly; or

   (b)as an officer or employee of, or a worker for, a political party; or

   (c)as a member of the electoral staff of a person; or

   (d)in any other similar employment or work.

3. Religious educational institutions

   (1)Section 18 does not make unlawful discrimination on the ground of religious conviction in relation to a failure to accept a person’s application for admission as a student at an educational institution that is conducted solely for students having a religious conviction other than that of the applicant.

   NoteThe Legislation Act, dict, pt 1 defines fail to include refuse.

   (2)Section 10 or section 13 does not make unlawful discrimination on the ground of religious conviction in relation to staff matters at an educational institution if—

   (a)the institution is conducted in accordance with the doctrines, tenets, beliefs or teaching of a particular religion or creed; and

   (b)the discrimination is intended to enable, or better enable, the institution to be conducted in accordance with those doctrines, tenets, beliefs or teachings.

   (3)Subsection (1) does not apply unless—

   (a)the educational institution has published its policy in relation to student matters; and

   (b)the policy is readily accessible by prospective and current students at the institution.

   (4)Subsection (2) does not apply unless—

   (a)the educational institution has published its policy in relation to staff matters; and

   (b)the policy is readily accessible by prospective and current employees and contractors of the institution.

   (5)In this section:

   staff matters, in relation to an educational institution, means—

   (a)the employment of a member of staff of the institution; or

   (b)the engagement of a contractor to do work in the institution.

   student matters, in relation to an educational institution, means the admission of a student at the institution.

Division 4.5               Exceptions relating to disability

1. Discrimination by qualifying bodies etc

   (1)Section 16 does not make unlawful discrimination by an authority or body against a person on the ground of disability if the authority or body believes on reasonable grounds that, because of a disability, the person is, or would be, unable to carry out work that is essential to the position concerned.

   (2)In this section:

   disability does not include anything mentioned in—

   (a)section 5AA (2) (b) or (c) (Meaning of disability etc); or

   (b)section 7 (2) (Protected attributes), other than a disability that the person has.

2. Discrimination by educational institutions

   (1)Section 18 does not make unlawful discrimination on the ground of disability in relation to a failure to accept a person’s application for admission as a student at an educational institution that is conducted solely for students with a disability that the applicant does not have.

   NoteThe Legislation Act, dict, pt 1 defines fail to include refuse.

   (2)Section 18 does not make unlawful discrimination on the ground of disability in relation to a failure to accept an application by a person with a disability for admission as a student at an educational institution if the person, if so admitted, would require services or facilities that are not required by students who do not have a disability, the provision of which would impose unjustifiable hardship on the relevant educational authority.

3. Discrimination relating to access to premises

   (1)Section 19 does not make unlawful discrimination on the ground of disability in relation to the provision of access to premises if—

   (a)the premises are so designed or constructed as to be inaccessible to a person with a disability; and

   (b)any alteration of the premises to provide such access would impose unjustifiable hardship on the person who would have to provide that access.

   (2)The Minister may declare that subsection (1) does not apply to a building the construction of which begins on or after a day stated in the declaration.

   (3)The declaration is a notifiable instrument.

   (4)Subsection (1) does not apply to a building the construction of which begins on or after a day stated in the declaration.

   (5)For this section, the construction of a building begins on the day when a building approval for the erection of the building is granted under the Building Act 2004.

4. Discrimination in the provision of goods and services

   (1)Section 20 does not make unlawful discrimination on the ground of disability in relation to the provision of goods, services or facilities if—

   (a)because of a person’s disability, the goods, services or facilities would have to be provided in a special way; and

   (b)their provision in that way would impose unjustifiable hardship on the person providing, or proposing to provide, the goods, services or facilities.

   (2)In this section:

   services includes services provided by an employment agency.

5. Discrimination relating to accommodation

   Section 21 does not make unlawful discrimination on the ground of disability in relation to the provision of accommodation to a person with a disability if special services or facilities are, or would be, required by the person and their provision would impose unjustifiable hardship on the person providing or proposing to provide the accommodation.

6. Public health

   Part 3 does not make unlawful discrimination against a person on the ground of disability if the discrimination is necessary and reasonable to protect public health.

7. Sporting activities—disability

   (1)Section 23A (Sporting activities) does not make it unlawful to discriminate on the ground of disability by excluding a person from participation in any formally organised competitive sporting activity if—

   (a)the discrimination is reasonable, proportionate and justifiable in the circumstances and—

   (i)the person is not reasonably capable of performing the actions reasonably required in relation to the sporting activity; or

   (ii)the people participating in the sporting activity are selected in a reasonable way on the basis of their skills and abilities relevant to the sporting activity and relative to each other; or

   (b)the activity is conducted for, or mainly for, people who have a particular kind of disability and the person does not have a disability of that kind.

   (2)Subsection (1) does not apply in relation to the exclusion of people from participation in—

   (a)the coaching of people engaged in any sporting activity; or

   (b)the umpiring or refereeing of any sporting activity; or

   (c)the administration of any sporting activity; or

   (d)any other formally organised competitive sporting activity prescribed by regulation.

Division 4.6               Exceptions relating to age

57BYouth wages

(1)This section applies if an award provides for the payment of reduced wages to employees under 21 years old.

(2)If this section applies, section 10 (1) or (2) (a) or (b) does not make it unlawful for an employer to discriminate against a person on the ground of age—

(a)if the person is 21 years old or older—in relation to the offer of employment to a person under 21 years old; or

(b)if the person is under 21 years old—in relation to the payment of reduced wages to the person in accordance with the award.

(3)In this section:

award means a modern award made under the Fair Work Act 2009 (Cwlth).

57CEmployment and work—health and safety

(1)Section 10 (1) (c) or (2) (a) or (b), section 12 (1) (c) or (2) (a) or (b), section 13 (a) or (c) or section 14 (1) (b), (2) (b) or (3) (a) does not make it unlawful to discriminate against a person on the ground of age in relation to employment or work, or qualifications for employment or work, if the discrimination is practised to comply with reasonable health and safety requirements relevant to the employment or work.

(2)In deciding what health and safety requirements are reasonable for subsection (1), all the relevant circumstances of the particular case must be taken into account, including the effects of the discrimination on the person discriminated against.

57EEducation—minimum-age admissions

(1)Section 18 does not make it unlawful to discriminate against a person on the ground of age in relation to the admission of the person to an educational institution if the level of education or training sought is provided only for students older than a particular age.

(2)Section 18 does not make it unlawful to fail to accept an application for admission as a student at an educational institution under a mature age admission scheme, if the application is made by a person whose age is below the minimum age fixed under that scheme for admission.

NoteThe Legislation Act, dict, pt 1 defines fail to include refuse.

57GLegal incapacity

Part 3 does not make it unlawful to discriminate against a person on the ground of age in relation to a transaction if the person is subject to a legal incapacity because of his or her age and the incapacity is relevant to the transaction.

57HBenefits and concessions

Division 3.2 does not make it unlawful to discriminate against a person in relation to the provision of genuine benefits, including concessions, to someone else because of his or her age.

57JGoods, services and facilities—health and safety

(1)Section 19 or section 20 does not make it unlawful to discriminate against a person on the ground of age in relation to the provision of goods, services or facilities if that discrimination is practised to comply with reasonable health and safety requirements relevant to such provision.

(2)In deciding what health and safety requirements are reasonable for subsection (1), all the relevant circumstances of the particular case must be taken into account, including the effects of the discrimination on the person discriminated against.

57KRecreational tours and accommodation

Section 20 or section 21 does not make it unlawful to discriminate against a person on the ground of age in relation to the provision of a recreational tour or recreational accommodation.

57MSporting activities—age

(1)Section 23A (Sporting activities) does not make it unlawful to discriminate on the ground of age by limiting participation in a formally organised competitive sporting activity to people belonging to a particular age group.

(2)This section does not apply in relation to the exclusion of people from participation in—

(a)coaching people doing any sporting activity; or

(b)umpiring or refereeing any sporting activity; or

(c)administering any sporting activity; or

(d)any other formally organised competitive sporting activity prescribed by regulation.

Division 4.7               Exceptions relating to profession, trade, occupation or calling

57NDiscrimination in profession, trade, occupation or calling

Part 3 does not make it unlawful to discriminate against a person on the ground of the profession, trade, occupation or calling of the person in relation to any transaction if profession, trade, occupation or calling is relevant to that transaction and the discrimination is reasonable in those circumstances.

Division 4.8               Exceptions relating to employment status

57ODiscrimination relating to employment status

Part 3 does not make it unlawful to discriminate against a person on the ground of employment status in relation to something mentioned in section 10 (1) or (2) (Applicants and employees) if the discrimination is reasonable, having regard to any relevant factors.

Example—relevant factors

effect of the discrimination on the person discriminated against

Division 4.9               Exceptions relating to immigration status

57PDiscrimination relating to immigration status

Part 3 does not make it unlawful to discriminate against a person on the ground of immigration status if the discrimination is reasonable, having regard to any relevant factors.

Example—relevant factors

effect of the discrimination on the person discriminated against

Division 4.10            Exception relating to physical features

57RHealth and safety—physical features

Part 3 does not make it unlawful to discriminate against a person on the ground of physical features if the discrimination is reasonably necessary to—

(a)protect the health or safety of the person, anyone else or the public generally; or

(b)protect the property of the person, anyone else or the public generally.

Part 5Sexual harassment

1. Meaning of sexual harassment for pt 5

   (1)In this part:

   sexual harassment—a person subjects someone else to sexual harassment if the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the other person or engages in other unwelcome conduct of a sexual nature in circumstances in which the other person reasonably feels offended, humiliated or intimidated.

   (2)In this section:

   conduct, of a sexual nature, includes the making of a statement of a sexual nature to, or in the presence of, a person, whether the statement is made orally or in writing.

2. Employment etc

   (1)It is unlawful for an employer to subject an employee, or a person seeking employment, to sexual harassment.

   (2)It is unlawful for an employee to subject a fellow employee, or a person seeking employment with the same employer, to sexual harassment.

   (3)It is unlawful for a principal to subject a commission agent or contract worker, or a person seeking to become his or her commission agent or contract worker, to sexual harassment.

   (4)It is unlawful for a commission agent or contract worker to subject a fellow commission agent or contract worker to sexual harassment.

   (5)It is unlawful for a partner in a partnership to subject another partner in the partnership, or a person seeking to become a partner in the partnership, to sexual harassment.

   (6)It is unlawful for a workplace participant to subject another workplace participant, or a person seeking to become a workplace participant at that workplace, to sexual harassment at a place that is a workplace, or potential workplace, as the case requires, of both of those people.

   (7)In this section:

   place includes a ship, aircraft or vehicle.

   workplace means a place at which a workplace participant works or otherwise carries out functions in connection with being a workplace participant.

   workplace participant means any of the following:

   (a)an employer or employee;

   (b)a commission agent or contract worker;

   (c)a partner in a partnership.

3. Educational institutions

   (1)It is unlawful for a member of the staff of an educational institution to subject a student at that institution, or a person seeking admission to the institution as a student, to sexual harassment.

   (2)It is unlawful for a student at an educational institution to subject—

   (a)another student at the institution; or

   (b)a member of the staff of the institution;

   to sexual harassment.

4. Access to premises

   It is unlawful for a person to subject another person to sexual harassment in the course of providing, or offering to provide, the other person with access to any premises to which the public or a section of the public are entitled to have access, whether for payment or not.

5. Provision of goods, services and facilities

   It is unlawful for a person to subject another person to sexual harassment in the course of providing, or offering to provide, goods, services or facilities to the other person.

6. Accommodation

   It is unlawful for a person to subject another person to sexual harassment in the course of providing, or offering to provide, accommodation to the other person.

7. Clubs

   It is unlawful for a member of the committee of management of a club to subject a member of the club, or a person seeking to become a member of the club, to sexual harassment.

8. Sporting activities—sexual harassment

   It is unlawful for a person organising, administering or participating in a sporting activity to subject another person organising, administering or participating in the sporting activity to sexual harassment.

9. Competitions—sexual harassment

   It is unlawful for a person organising, administering or participating in a competition to subject another person organising, administering or participating in the competition to sexual harassment.

10. Administration of territory laws etc—sexual harassment

    (1)It is unlawful for a person to subject another person to sexual harassment when administering a territory law, or ACT government program or policy.

    (2)In this section:

    administering, a territory law or ACT government program or policy, includes exercising a function under the law or carrying out the program or policy.

Part 7Other unlawful acts

67AUnlawful vilification

(1)It is unlawful for a person to incite hatred toward, revulsion of, serious contempt for, or severe ridicule of a person or group of people on the ground of any of the following, other than in private:

(a)disability;

(b)gender identity;

(c)HIV/AIDS status;

(d)race;

(e)religious conviction;

(f)sex characteristics;

(g)sexuality.

Examples—other than in private

1     screening recorded material at an event that is open to the public, even if privately organised

2     writing a publicly viewable post on social media

3     speaking in an interview intended to be broadcast or published

4     actions or gestures observable by the public

5     wearing or displaying clothes, signs or flags observable by the public

NoteSerious vilification is an offence under the Criminal Code, s 750.

(2)However, it is not unlawful to—

(a)make a fair report about an act mentioned in subsection (1); or

(b)communicate, distribute or disseminate any matter consisting of a publication that is subject to a defence of absolute privilege in a proceeding for defamation; or

(c)do an act mentioned in subsection (1) reasonably and honestly, for academic, artistic, scientific or research purposes or for other purposes in the public interest, including discussion or debate about and presentations of any matter.

(3)In this section:

HIV/AIDS status means status as a person who has the Human Immunodeficiency Virus or Acquired Immune Deficiency Syndrome.

1. Victimisation

   (1)It is unlawful for a person (the first person) to subject, or threaten to subject, another person (the other person) to any detriment because—

   (a)the other person, or someone associated with the other person—

   (i)has taken discrimination action; or

   (ii)proposes to take discrimination action; or

   (b)the first person believes the other person, or someone associated with the other person—

   (i)has taken discrimination action; or

   (ii)proposes to take discrimination action.

   (2)In this section:

   discrimination action means any of the following:

   (a)begin a proceeding in the ACAT or a court in relation to this Act;

   (b)make a discrimination complaint;

   (c)participate in or assist with, a criminal investigation in relation to an offence under the Criminal Code, section 750 (Serious vilification);

   (d)give information or produce a document or other thing to a person exercising a function under the HRC Act in relation to a discrimination complaint;

   (e)give information, produce a document or other thing or answer a question when required under the HRC Act in relation to a discrimination complaint;

   (f)give evidence or produce a document or thing to the ACAT or a court in relation to this Act;

   (g)reasonably assert any rights that the other person, or someone else, has under this Act;

   (h)claim that a person has committed an act that is unlawful under this Act, or is an offence against the Criminal Code, section 750, other than a claim that is false and not made honestly;

   (i)do anything else in accordance with this Act.

   discrimination complaint means a complaint under the HRC Act about an unlawful act.

   HRC Act means the Human Rights Commission Act 2005.

2. Unlawful advertising

   It is unlawful for a person to advertise any matter—

   (a)that indicates an intention to do an act that is unlawful under part 3, part 5 or this part; or

   (b)that could reasonably be understood as indicating such an intention.

Part 8General principles about unlawful acts

1. Onus of establishing exception etc

   If, apart from an exception, exemption, excuse, qualification or justification under this Act, conduct would be an unlawful act, the onus of establishing the exception, exemption, excuse, qualification or justification lies on the person seeking to rely on it.

2. Unlawful act not an offence

   The doing of an act is not an offence only because it is an unlawful act.

3. Unlawful act no basis for civil action

   This Act does not give a person any right of action in relation to the doing of an act that is an unlawful act.

4. Aiding etc unlawful acts

   A person who aids, abets, counsels or procures someone else to do an act that is an unlawful act is taken, for this Act, also to have done the act.

Part 9Positive duties

1. Positive duty to make reasonable adjustments

   (1)A person must make reasonable adjustments to accommodate another person’s particular needs arising from a protected attribute if discrimination on the ground of the attribute is unlawful under this Act.

   (2)For subsection (1), an adjustment is not reasonable if it would cause unjustifiable hardship to the person making the adjustment.

   (3)Failure to make reasonable adjustments in accordance with this section is an unlawful act.

2. Positive duty to eliminate discrimination, sexual harassment and unlawful vilification

   (1)This section applies to an organisation or business, and any individual with organisational management responsibility for an organisation or business, required under this Act not to engage in discrimination, sexual harassment or unlawful vilification in particular circumstances.

   Examples—organisation

   ·     educational authority

   ·     sporting club

   ·     church

   Examples—individual with organisational management responsibility

   ·     sole trader

   ·     chancellor or vice‑chancellor at a university

   ·     owner of a small private business

   (2)The organisation, business or individual must take reasonable and proportionate steps to eliminate the discrimination, sexual harassment and unlawful vilification.

   (3)In deciding whether steps are reasonable and proportionate, all the circumstances must be considered, including the following:

   (a)the nature and size of the organisation or business;

   (b)the resources of the organisation, business or individual;

   (c)the business or operational priorities of the organisation, business or individual;

   (d)practicability and cost of the steps.

   (4)However, this section does not apply to—

   (a)an administrative unit, territory authority or territory instrumentality until 12 months after the commencement day; or

   (b)an individual with organisational management responsibility for an entity mentioned in paragraph (a) until 12 months after the commencement day; or

   (c)any other person until 3 years after the commencement day.

   (5)This subsection, subsection (4) and subsection (6), definition of commencement day expire 3 years after the commencement day.

   (6)In this section:

   commencement day means the day the Discrimination Amendment Act 2023, section 3 commences.

   organisational management responsibility, in relation to an organisation or business, means responsibility for controlling or directing the organisation or business.

3. Exception or exemption for positive duties

   A duty under section 74 or section 75 does not apply to a person to the extent that—

   (a)an exception under part 4 applies to make the discrimination lawful; or

   (b)the person is, under part 10, exempt from a provision of this Act that makes the discrimination unlawful.

Part 10Exemptions

1. Grant of exemptions

   (1)The HRC may, on written application, exempt the applicant from the operation of a specified provision of part 3, part 5 or part 7.

   (2)The HRC may, on a written application made—

   (a)by a person to whom an exemption has been granted; and

   (b)before expiry of that exemption;

   further exempt the applicant from the operation of the provision concerned.

   (3)In the exercise of a power under subsection (1) or subsection (2), the matters to which the HRC must have regard include the following matters:

   (a)the need to promote an acceptance of, and compliance with, this Act;

   (b)the desirability, if relevant, of certain discriminatory actions being permitted for the purpose of redressing the effects of past discrimination.

   (4)An exemption or further exemption—

   (a)is a notifiable instrument; and

   (b)is subject to the conditions (if any) specified in the notice; and

   (c)has effect according to its terms for the period not longer than 3 years specified in the notice.

   (5)If the HRC refuses to grant an exemption or a further exemption, the HRC must give the applicant or each applicant written notice of the refusal.

   (6)A notice mentioned in subsection (4) or (5) is a reviewable decision notice.

2. Review by ACAT

   An application may be made to the ACAT for review of a decision of the HRC under section 109.

Part 12Miscellaneous

1. Secrecy

   (1)In this section:

   court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

   divulge includes communicate.

   person to whom this section applies means a person who exercises, or has exercised, a function under this Act.

   produce includes allow access to.

   protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act by the person or someone else.

   (2)A person to whom this section applies commits an offence if—

   (a)the person—

   (i)makes a record of protected information about someone else; and

   (ii)is reckless about whether the information is protected information about someone else; or

   (b)the person—

   (i)does something that divulges protected information about someone else; and

   (ii)is reckless about whether—

   (A)the information is protected information about someone else; and

   (B)doing the thing would result in the information being divulged to someone else.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

   (3)Subsection (2) does not apply if the record is made, or the information is divulged—

   (a)under this or any other Act; or

   (b)in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law.

   (4)Subsection (2) does not apply to the divulging of protected information about someone with the person’s consent.

   (5)A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another territory law.

121AActs and omissions of representatives

(1)This section applies to the doing of an unlawful act (conduct).

Note 1A complaint may be made about an unlawful act (see Human Rights Commission Act 2005, s 42 (1) (c)).

Note 2Doing an act—see s 4A.

(2)Conduct engaged in on behalf of a person by a representative of the person is taken to have been engaged in by the person if the conduct was within the scope of the representative’s actual or apparent authority.

(3)However, subsection (2) does not apply if the person establishes that the person took all reasonable steps to prevent the representative from engaging in the conduct.

(4)In this section:

representative, of a person, means an employee or agent of the person.

1. Relationship to other laws

   This Act is additional to any other territory law that provides for the protection of a person from conduct that is or would be unlawful under this Act.

2. Regulation-making power

   (1)The Executive may make regulations for this Act.

   (2)The regulations may except people, activities or other things from the operation of particular provisions of part 3, part 5 or part 7.

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2In particular, the Legislation Act, dict, pt 1, defines the following terms:

·     ACAT

·     body

·     civil partner

·     civil partnership

·     civil union

·     civil union partner

·     corporation

·     director‑general (see s 163)

·     domestic partner (see s 169)

·     domestic partnership (see s 169)

·     fail

·     for

·     in relation to

·     intersex person (see s 169B)

·     reviewable decision notice

·     State

·     territory authority

·     territory law

·     the Territory

·     under.

accommodation includes residential and business accommodation.

accommodation status includes being—

(a)a tenant; and

(b)an occupant within the meaning of the Residential Tenancies Act 1997; and

(c)in receipt of, or waiting to receive, housing assistance within the meaning of the Housing Assistance Act 2007; and

(d)homeless.

carer—a person is a carer of someone else (the dependant) if—

(a)the dependant is dependent on the person for ongoing care and assistance; and

(b)the person cares for the dependant otherwise than because of—

(i)a commercial arrangement; or

(ii)an arrangement that is substantially commercial.

Example—carer

Jesse has multiple sclerosis and requires constant care. Jesse’s spouse and 3 children share care for Jesse and each is a carer.

club means an association (whether incorporated or unincorporated) formed for social, literary, cultural, political, sporting, athletic or other lawful purposes that provides and maintains facilities, in whole or in part, from the funds of the association.

commission agent means a person who does work for another person as the agent of that other person and who is remunerated (whether wholly or partially) by commission.

committee of management, in relation to a club, organisation or voluntary body, means the group or body of people (however described) that manages the affairs of the club, organisation or voluntary body.

contract worker means a person (the worker) who does work for someone else (the third person) under a contract between the worker’s employer and the third person.

disability—see section 5AA.

discrimination—see section 8.

doing an act—see section 4A.

educational authority means a body or person administering an educational institution.

educational institution means a school, college, university or other institution at which education or training is provided.

1. Amendment history

   Long title

   long titleam A2003‑41 amdt 3.22

   Name of Act

   s 1sub A2003‑41 amdt 3.23

   Dictionary

   s 2om A2001‑44 amdt 1.1123

   ins A2003‑41 amdt 3.33

   Notes

   s 3orig s 3 am A2003‑41 amdt 3.206

   renum as s 4

   ins A2003‑41 amdt 3.33

   Objects of Act

   s 4orig s 4 defs reloc to dict A2003‑41 amdt 3.32

   om A2003‑41 amdt 3.33

   (prev s 3) renum A2003‑41 amdt 3.24

   sub A2016‑49 s 4

   def de facto spouse om A2003‑15 s 4

   def impairment sub A2003‑15 s 5

   om A2003‑41 amdt 3.28

   def marital status om A2003‑15 s 6

   def near relative om A2003‑15 s 6

   Interpretation beneficial to people with protected attributes

   s 4AAins A2016‑49 s 4

   am A2016‑49 s 19

   Meaning of doing an act

   s 4Ains A2003‑41 amdt 3.34

   Meaning of complainant and respondent

   s 5sub A2003‑41 amdt 3.35

   om A2005‑41 amdt 1.3

   Meaning of disability

   s 5AA hdgam A2003‑41 amdt 3.36

   s 5AAins A2003‑15 s 9

   am A2003‑41 amdts 3.37-3.39

   sub A2016‑49 s 5

   am A2019‑35 s 124

   Liability of person relying on assistance animal etc

   s 5ABins A2016‑49 s 5

   Meaning of potential pregnancy

   s 5Ains A2002‑19 s 5

   am A2003‑41 amdt 3.40

   Unjustifiable hardship

   s 5Bins A2023-7 s 4

   MLAs as employers

   s 6om A1993‑44 sch 2

   ins A1995‑9 s 4

   sub A2003‑41 amdt 3.41

   am A2007‑16 amdt 3.45

   Offences against Act—application of Criminal Code etc

   s 6Ains A2004‑2 amdt 2.4

   am A2005‑41 amdt 1.4

   Protected attributes

   s 7am A1993‑25 s 4; A1994‑1 s 4; A1994‑11 s 4; A1996‑67 s 5; A1999‑60 s 4; A2000‑48 s 24; A2003‑15 s 10; pars renum R11 LA (see A2003‑15 s 11); A2003‑41 amdt 3.42, amdt 3.43, amdt 3.206; A2010‑5 s 4, s 5; A2015‑45 amdt 1.3

   sub A2016‑49 s 20

   am A2020‑42 s 58, s 59; pars renum R49 LA

   Meaning of discrimination

   s 8am A2003‑41 amdt 3.44, amdt 3.206

   sub A2016‑49 s 6

   am A2016‑49 s 21

   Disability—guide-dogs etc

   s 9 hdgam A2003‑41 amdt 3.207

   s 9am A1996‑67 s 5; A2003‑41 amdts 3.45-3.47, amdt 3.206, amdt 3.207

   om A2016‑49 s 7

   Applicants and employees

   s 10am A2003‑41 amdt 3.48; A2008‑27 s 4

   Employees—religious practice

   s 11am A2003‑41 amdt 3.206

   Commission agents

   s 12am A2003‑41 amdt 3.49

   Partnerships

   s 14am A2003‑41 amdt 3.50, amdt 3.206

   Professional or trade organisations

   s 15am A1993‑25 s 5; A2003‑41 amdt 3.51, amdt 3.52

   Qualifying bodies

   s 16am A2003‑41 amdt 3.53, amdt 3.54

   Education

   s 18am A2003‑41 amdt 3.55, amdt 3.56

   Access to premises

   s 19am A2003‑41 amdts 3.57-3.62

   Goods, services and facilities

   s 20am A2003‑41 amdt 3.63, amdt 3.64

   Clubs

   s 22am A2003‑41 amdts 3.65-3.67

   Sporting activities

   s 23Ains A2023-7 s 5

   Competitions

   s 23Bins A2023-7 s 5

   Administration of territory laws etc

   s 23Cins A2023-7 s 5

   Domestic duties

   s 24sub A2003‑41 amdt 3.68

   am A2023-7 s 6

   Residential care of children

   s 25sub A2003‑41 amdt 3.68

   Adoption

   s 25Ains A1994‑1 s 5

   am A1999‑64 sch 2; A2003‑41 amdt 3.69, amdt 3.206; A2009‑36 amdt 1.5; A2011‑22 amdt 1.168

   Domestic accommodation etc

   s 26am A2003‑15 s 12, s 13; A2003‑41 amdt 3.206; A2006‑47 s 4; A2016‑49 s 22; ss renum R45 LA; A2023-7 s 7; pars renum R50 LA

   Preselection by employment agencies

   s 26Ains A1996‑67 s 6

   sub A2003‑41 amdt 3.70

   Measures intended to achieve equality

   s 27am A1999‑83 s 4; A2003‑41 amdt 3.71, amdt 3.206

   sub A2004‑51 s 4

   am A2016‑49 s 23

   Insurance and superannuation

   s 28sub A2003‑41 amdt 3.72; A2023-7 s 8

   Superannuation

   s 29am A1994‑1 s 6; A2003‑41 amdts 3.73-3.77, amdt 3.209

   om A2023-7 s 8

   Acts done under statutory authority etc

   s 30am A1996‑67 s 7; A2001‑44 amdt 1.1124; A2003‑41 amdt 3.78; A2008‑36 amdt 1.249; A2011‑28 amdt 3.52; A2025‑29 amdt 3.87, amdt 4.57

   (1) (a), (b), (4) exp on day stated in declaration (s 30 (2), (4))

   Clubs and voluntary bodies

   s 31am A1996‑67 s 8

   sub A2003‑41 amdt 3.79; A2023-7 s 9

   Religious bodies

   s 32am A2000‑2 sch; A2003‑41 amdt 3.80, amdt 3.206; A2018‑48 s 4, s 5

   sub A2023-7 s 9

   am A2023‑57 s 18; pars renum R50 LA; A2024-49 amdt 1.1

   Educational institutions conducted for religious purposes

   s 33am A2003‑41 amdts 3.81-3.85

   om A2018‑48 s 6

   Discrimination relating to accommodation, goods or services etc

   s 33Ains A2016‑49 s 24

   Genuine occupational qualifications

   s 33Bins A2023-7 s 10

   Inherent requirements of employment

   s 33Cins A2023-7 s 10

   Competitions—age

   s 33Dins A2023-7 s 10

   Exceptions about sex, relationship status, pregnancy or breastfeeding

   div 4.2 hdg(prev pt 4 div 2 hdg) am A1999‑60 s 5

   renum R6 LA

   sub A2003‑15 s 14

   Genuine occupational qualifications—sex

   s 34 hdgsub A2003‑41 amdt 3.86

   s 34am A2003‑41 amdt 3.87, amdt 3.88, amdt 3.206, amdt 3.209

   om A2023-7 s 11

   Employment of couple

   s 35sub A2003‑15 s 15

   Educational institutions for members of one sex

   s 36am A2003‑41 amdts 3.89-3.91; A2023-7 s 12

   Pregnancy, childbirth or breastfeeding

   s 37am A1999‑60 s 6

   sub A2003‑41 amdt 3.92; A2023-7 s 13

   Services for members of one sex

   s 38am A2003‑41 amdt 3.93

   Accommodation provided for employees, contract workers or students

   s 39am A1999‑60 s 7; A2003‑15 s 16; A2003‑41 amdt 3.94, amdt 3.95, amdt 3.206

   Clubs for members of one sex etc

   s 40am A2003‑41 amdts 3.96-3.100, amdt 3.206, amdt 3.209

   om A2023-7 s 14

   Sporting activities—sex

   s 41am A2003‑41 amdt 3.101, amdt 3.206

   sub A2023-7 s 15

   Exceptions relating to race

   div 4.3 hdgom A2023-7 s 16

   Genuine occupational qualifications—race

   s 42 hdgsub A2003‑41 amdt 3.102

   s 42am A2003‑41 amdt 3.103, amdt 3.104, amdt 3.206, amdt 3.209

   om A2023-7 s 16

   Clubs for members of one race etc

   s 43am A2003‑41 amdt 3.105

   om A2023-7 s 16

   Religious workers

   s 44am A2003‑41 amdt 3.106; A2023-7 s 17

   Political workers etc

   s 45am A2003‑41 amdt 3.107

   Religious educational institutions

   s 46am A2003‑41 amdts 3.108-3.110; A2018‑48 s 7

   Exceptions relating to disability

   div 4.5 hdgam A2003‑41 amdt 3.207

   Unjustifiable hardship

   s 47sub A2003‑41 amdt 3.111

   om A2023-7 s 18

   Genuine occupational qualifications—disability

   s 48 hdgsub A2003‑41 amdt 3.112

   s 48am A2003‑41 amdt 3.112, amdt 3.113, amdt 3.207

   om A2023-7 s 18

   Work related discrimination

   s 49am A2003‑15 s 17, s 18; A2003‑41 amdt 3.114, amdt 3.115, amdt 3.206, amdt 3.207; A2016‑49 s 25

   om A2023-7 s 18

   Discrimination by qualifying bodies etc

   s 50am A2003‑15 s 19, s 20; A2003‑41 amdt 3.116, amdt 3.207; A2016‑49 s 26

   Discrimination by educational institutions

   s 51am A2003‑41 amdts 3.117-3.121, amdt 3.207, amdt 3.209; A2011‑52 amdt 3.67, amdt 3.68

   Discrimination relating to access to premises

   s 52am A1998‑52 sch; A2001‑44 amdt 1.1125; A2003‑41 amdt 3.122, amdt 3.207; A2004‑13 amdt 2.20; A2011‑28 amdt 3.52; A2011‑52 amdt 3.68; A2025‑29 amdt 4.57

   Discrimination in the provision of goods and services

   s 53am A1996‑67 s 9

   sub A2003‑41 amdt 3.123

   Discrimination relating to accommodation

   s 54am A2003‑41 amdt 3.124, amdt 3.207; A2011‑52 amdt 3.69

   Discrimination by clubs

   s 55am A2003‑41 amdts 3.125-3.127, amdt 3.206, amdt 3.207

   om A2023-7 s 18

   Public health

   s 56am A2003‑41 amdt 3.128, amdt 3.207

   Sporting activities—disability

   s 57 hdgsub A2023-7 s 19

   s 57am A2003‑41 amdt 3.128, amdt 3.129, amdt 3.206, amdt 3.207; A2023-7 s 20, s 21

   Exceptions relating to age

   div 4.6 hdg(prev pt 4 div 6 hdg) ins A1994‑1 s 7

   renum R6 LA

   Genuine occupational qualifications—age

   s 57A hdgsub A2003‑41 amdt 3.130

   s 57Ains A1994‑1 s 7

   am A2003‑41 amdt 3.130, amdt 3.131

   om A2023-7 s 22

   Youth wages

   s 57Bins A1994‑1 s 7

   am A2003‑41 amdt 3.132; A2011‑28 amdt 3.53, amdt 3.54

   (4), (5) exp 21 September 2012 (s 57B (5))

   Employment and work—health and safety

   s 57Cins A1994‑1 s 7

   sub A2003‑41 amdt 3.133

   Compulsory retirement—2-year exemption

   s 57Dins A1994‑1 s 7

   (1) exp 4 March 1996 (s 57D (2))

   om R4 LRA

   Education—minimum-age admissions

   s 57Eins A1994‑1 s 7

   am A2003‑41 amdts 3.134-3.136, amdt 3.209

   Education—senior secondary colleges (until 1 January 1996)

   s 57Fins A1994‑1 s 7

   (1) exp 1 January 1996 (s 57F (2))

   om R4 LRA

   Legal capacity

   s 57Gins A1994‑1 s 7

   sub A2003‑41 amdt 3.137

   Benefits and concessions

   s 57Hins A1994‑1 s 7

   sub A2003‑41 amdt 3.138

   Goods, services and facilities—health and safety

   s 57Jins A1994‑1 s 7

   am A2003‑41 amdt 3.139, amdt 3.140, amdt 3.209

   Recreational tours and accommodation

   s 57Kins A1994‑1 s 7

   am A2003‑41 amdt 3.141

   Clubs

   s 57Lins A1994‑1 s 7

   sub A2003‑41 amdt 3.142

   om A2023-7 s 22

   Sporting activities—age

   s 57M hdgsub A2023-7 s 23

   s 57Mins A1994‑1 s 7

   sub A2003‑41 amdt 3.143

   am A2023-7 s 24, s 25

   Exceptions relating to profession, trade, occupation or calling

   div 4.7 hdg(prev pt 4 div 6 hdg) ins A1994‑11 s 5

   renum R6 LA

   Discrimination in profession, trade, occupation or calling

   s 57Nins A1994‑11 s 5

   am A2003‑41 amdt 3.144, amdt 3.209

   Exceptions relating to employment status

   div 4.8 hdgins A2016‑49 s 27

   Discrimination relating to employment status

   s 57Oins A2016‑49 s 27

   am A2023-7 s 26

   Exceptions relating to immigration status

   div 4.9 hdgins A2016‑49 s 27

   Discrimination relating to immigration status

   s 57Pins A2016‑49 s 27

   Exception relating to physical features

   div 4.10 hdgins A2016‑49 s 27

   sub A2023-7 s 27

   Genuine occupational requirements—physical features

   s 57Qins A2016‑49 s 27

   om A2023-7 s 28

   Health and safety—physical features

   s 57Rins A2016‑49 s 27

   Meaning of sexual harassment for pt 5

   s 58sub A2003‑41 amdt 3.145

   Employment etc

   s 59am A1995‑9 s 5; A2003‑41 amdt 3.206

   Racial, sexuality and HIV/AIDS vilification

   pt 6 hdgsub A2004‑2 amdt 2.5

   om A2016‑49 s 8

   Sporting activities—sexual harassment

   s 65 hdgsub A2003‑41 amdt 3.146; A2004‑2 amdt 2.5

   s 65am A2003‑41 amdt 3.147

   om A2016‑49 s 8

   ins A2023-7 s 29

   def HIV/AIDS status ins A2004‑2 amdt 2.6

   om A2016‑49 s 8

   def public act om A2016‑49 s 8

   Competitions—sexual harassment

   s 66am A2003‑41 amdt 3.148, amdt 3.206

   sub A2004‑2 amdt 2.7

   am A2010‑5 s 6

   om A2016‑49 s 8

   ins A2023-7 s 29

   Administration of territory laws etc—sexual harassment

   s 67am A1998‑54 sch

   sub A2004‑2 amdt 2.7

   am A2010‑5 s 7

   om A2016‑49 s 8

   ins A2023-7 s 29

   Unlawful vilification

   s 67Ains A2016‑49 s 9

   am A2016‑49 s 28; pars renum R45 LA; A2020‑42 s 60, s 61; pars renum R49 LA

   Victimisation

   s 68am A2000‑2 sch; A2003‑41 amdts 3.149-3.151

   sub A2005‑41 amdt 1.5

   am A2008‑36 amdt 1.250; A2010‑5 s 8, s 9; pars renum R33 LA

   sub A2016‑49 s 10

   General principles about unlawful acts

   pt 8 hdgsub A1996‑67 s 10; A2005‑41 amdt 1.6

   Preliminary

   div 8.1 hdgom A2005‑41 amdt 1.6

   Onus of establishing exception etc

   s 70 hdgsub A2003‑41 amdt 3.152

   s 70sub A1996‑67 s 10; A2005‑41 amdt 1.6

   am A2016‑49 s 11

   Unlawful act not an offence

   s 71am A1994‑60 sch 1

   sub A1996‑67 s 10

   am A2003‑41 amdt 3.153

   sub A2005‑41 amdt 1.6

   am A2016‑49 s 11

   Making, investigation, conciliation and referral of complaints

   div 8.2 hdgom A2005‑41 amdt 1.6

   Unlawful act no basis for civil action

   s 72sub A1996‑67 s 10

   am A2001‑44 amdt 1.1126, amdt 1.1127; A2003‑41 amdt 3.154, amdt 3.206

   sub A2005‑41 amdt 1.6

   am A2016‑49 s 11

   Aiding etc unlawful acts

   s 73sub A1996‑67 s 10

   am A2003‑41 amdt 3.155

   sub A2005‑41 amdt 1.6

   am A2016‑49 s 11

   Hearings before discrimination tribunal

   div 8.3 hdgom A2005‑41 amdt 1.6

   Granting of relief by discrimination tribunal

   div 8.4 hdgom A2005‑41 amdt 1.6

   Enforcement of orders and decisions of discrimination tribunal

   div 8.5 hdgom A2005‑41 amdt 1.6

   Other powers of commissioner and tribunal

   div 8.6 hdgom A2005‑41 amdt 1.6

   Miscellaneous

   div 8.7 hdgom A2005‑41 amdt 1.6

   Positive duties

   pt 9 hdgorig pt 9 hdg renum as pt 10 hdg

   ins A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   ins A2023-7 s 30

   Preliminary

   div 9.1 hdgins A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Positive duty to make reasonable adjustments

   s 74sub A1996‑67 s 10; A2003‑41 amdt 3.156; A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   ins A2023-7 s 30

   Positive duty to eliminate discrimination, sexual harassment and unlawful vilification

   s 75sub A1996‑67 s 10

   am A2003‑41 amdt 3.157, amdt 3.208

   sub A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   ins A2023-7 s 30

   (4), (5), (6) def commencement day exp 11 April 2027 (s 75 (5))

   Exception or exemption for positive duties

   s 76sub A1996‑67 s 10

   am A2003‑41 amdt 3.208, amdt 3.209

   sub A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   ins A2023-7 s 30

   Hearings by tribunal

   div 9.2 hdgins A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Hearings by tribunal

   s 77sub A1996‑67 s 10; A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Power to strike out complaints

   s 77Ains A2007‑22 amdt 1.26

   om A2008‑36 amdt 1.251

   Late application in exceptional circumstances

   s 78sub A1996‑67 s 10

   am A2003‑41 amdt 3.206

   sub A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Application to strike out complaint

   s 79 hdgam A2003‑41 amdt 3.158

   s 79sub A1996‑67 s 10

   am A2003‑41 amdt 3.159

   sub A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Tribunal procedure

   div 9.3 hdgins A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Tribunal to decide own procedures

   s 80am A1994‑103 s 4

   sub A1996‑67 s 10

   am A2003‑41 amdt 3.160, amdt 3.208, amdt 3.209

   sub A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Hearings may be closed

   s 81sub A1996‑67 s 10

   am A2003‑41 amdt 3.161, amdt 3.162, amdt 3.208, amdt 3.209

   sub A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Sittings

   s 82sub A1996‑67 s 10

   am A2003‑41 amdts 3.163-3.165, amdt 3.208

   sub A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Joining parties

   s 83sub A1996‑67 s 10

   am A2003‑41 amdt 3.166, amdt 3.208, amdt 3.209

   sub A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Appearances

   s 84sub A1996‑67 s 10; A2003‑41 amdt 3.167; A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Representation

   s 85sub A1996‑67 s 10; A2003‑15 s 21; A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Witness subpoenas

   s 86sub A1996‑67 s 10

   am A2003‑41 amdt 3.208, amdt 3.209

   sub A2005‑41 amdt 1.6

   am A2005‑53 amdt 1.42

   om A2008‑36 amdt 1.251

   Expenses of witnesses etc

   s 87sub A1996‑67 s 10

   am A2003‑41 amdt 3.208, amdt 3.209

   sub A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Failure to attend or produce document

   s 88am A1994‑60 sch 1

   sub A1996‑67 s 10

   am A2003‑41 amdt 3.208, amdt 3.209

   sub A2005‑41 amdt 1.6

   om A2005‑53 amdt 1.43

   Appearance by audiovisual or audio links

   s 89am A1994‑60 sch 1

   sub A1996‑67 s 10; A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Power to require witness to take oath etc

   s 90am A1994‑60 sch 1

   sub A1996‑67 s 10

   am A2003‑41 amdt 3.208

   sub A2005‑41 amdt 1.6; A2005‑53 amdt 1.44

   om A2008‑36 amdt 1.251

   Refusing to take oath or make affirmation

   s 91sub A1996‑67 s 10

   am A2003‑41 amdt 3.168, amdt 3.208

   sub A2005‑41 amdt 1.6

   om A2005‑53 amdt 1.44

   Requiring answer or document

   s 92sub A1996‑67 s 10

   am A2001‑44 amdt 1.1128, amdt 1.1129; A2003‑41 amdt 3.169

   sub A2005‑41 amdt 1.6

   om A2005‑53 amdt 1.44

   Prohibiting or controlling publication

   s 93am A1994‑60 sch 1

   sub A1996‑67 s 10

   am A2000‑2 sch; A2003‑41 amdt 3.170, amdt 3.208

   sub A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Privileges against selfincrimination and exposure to civil penalty

   s 94sub A1996‑67 s 10; A2005‑41 amdt 1.6

   am A2005‑53 amdt 1.45, amdt 1.46

   om A2008‑36 amdt 1.251

   Protection of members of tribunal etc

   s 95om A1994‑60 sch 1

   ins A1996‑67 s 10

   am A2003‑41 amdt 3.171

   sub A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Contempt of tribunal

   s 96am A1995‑46 sch

   sub A1996‑67 s 10

   am A2003‑41 amdt 3.208

   sub A2005‑41 amdt 1.6; A2005‑53 amdt 1.47

   om A2008‑36 amdt 1.251

   Application of Criminal Code, ch 7

   s 96Ains A1999‑22 s 12

   am A2000‑17 sch 1; A2003‑41 amdt 3.208, amdt 3.209; A2003‑48 amdt 2.6

   om A2005‑41 amdt 1.6

   ins A2005‑53 amdt 1.47

   om A2008‑36 amdt 1.251

   Granting of relief by tribunal

   div 9.4 hdgins A2005‑41 amdt 1.6`

   om A2008‑36 amdt 1.251

   Interim orders—complaint before HRC

   s 97sub A1996‑67 s 10; A2005‑41 amdt 1.6

   am A2007‑16 amdt 3.46

   om A2008‑36 amdt 1.251

   Interim orders—complaint before tribunal

   s 98sub A1996‑67 s 10

   am A1998‑54 sch

   sub A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Decisions following hearing

   s 99sub A1996‑67 s 10

   am A2001‑44 amdts 1.1130-1.1132; A2003‑41 amdt 3.208, amdt 3.209

   sub A2005‑41 amdt 1.6

   (9), (10) exp 1 December 2006 (s 99 (10))

   om A2008‑36 amdt 1.251

   Enforcement of orders and decisions of tribunal

   div 9.5 hdgins A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Failure to comply with tribunal order

   s 100sub A1996‑67 s 10

   am A2001‑44 amdts 1.1133-1.1135; A2003‑41 amdt 3.208, amdt 3.209

   sub A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Enforcement of tribunal orders

   s 101sub A1996‑67 s 10

   am A2003‑41 amdt 3.208, amdt 3.209

   sub A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251`

   Miscellaneous

   div 9.6 hdgins A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Statement of reasons

   s 102sub A1996‑67 s 10

   am A2003‑41 amdt 3.172, amdt 3.208, amdt 3.209

   sub A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Referral of questions of law to Supreme Court

   s 103sub A1996‑67 s 10

   am A1998‑54 sch

   sub A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Appeals from tribunal decisions

   s 104sub A1996‑67 s 10

   (5), (6) exp 10 January 2006 (s 104 (6))

   sub A2005‑41 amdt 1.6

   om A2008‑36 amdt 1.251

   Effect of Division

   s 105sub A1996‑67 s 10

   am A2003‑41 amdt 3.173

   om A2005‑41 amdt 1.6

   Joining parties

   s 106sub A1996‑67 s 10

   am A2003‑41 amdt 3.174, amdt 3.209

   om A2005‑41 amdt 1.6

   Requiring answer or document

   s 107sub A1996‑67 s 10

   am A1998‑54 sch

   om A2005‑41 amdt 1.6

   Prohibiting or controlling publication

   s 108sub A1996‑67 s 10

   am A2001‑44 amdts 1.1136-1.1138; A2003‑41 amdt 3.175, amdt 3.208

   om A2005‑41 amdt 1.6

   Review of directions by commissioner

   s 108Ains A1996‑67 s 10

   om A2005‑41 amdt 1.6

   Prohibited publications

   s 108Bins A1996‑67 s 10

   am A1998‑54 sch

   om A2005‑41 amdt 1.6

   Obtaining information and documents

   s 108Cins A1996‑67 s 10

   am A2003‑41 amdt 3.176, amdt 3.208, amdt 3.209

   om A2005‑41 amdt 1.6

   Statement of reasons

   s 108Dins A1996‑67 s 10

   am A2003‑41 amdt 3.208

   sub A2004‑60 amdt 1.141

   om A2005‑41 amdt 1.6

   Referral of questions of law to Supreme Court

   s 108DAins A2004‑60 amdt 1.141

   om A2005‑41 amdt 1.6

   Appeals from tribunal to Supreme Court

   s 108DBins A2004‑60 amdt 1.141

   (5), (6) exp 10 January 2006 (s 108DB (6))

   sub A2006‑40 amdt 2.104

   om A2005‑41 amdt 1.6

   Selfincrimination etc

   s 108Eins A1996‑67 s 10

   am A2002‑11 amdts 2.31-2.33; A2002‑51 amdt 1.18; A2004‑15 amdt 2.54

   om A2005‑41 amdt 1.6

   Unlawful act not an offence

   s 108Fins A1996‑67 s 10

   om A2005‑41 amdt 1.6

   Unlawful act no basis for civil action

   s 108Gins A1996‑67 s 10

   am A2003‑41 amdt 3.177

   om A2005‑41 amdt 1.6

   Aiding etc unlawful acts

   s 108Hins A1996‑67 s 10

   am A2003‑41 amdt 3.178

   om A2005‑41 amdt 1.6

   Acts and omissions of representatives

   s 108Iins A1996‑67 s 10

   sub A2004‑15 amdt 1.9

   om A2005‑41 amdt 1.6

   Protection from civil proceedings

   s 108Jins A1996‑67 s 10

   om A2005‑41 amdt 1.6

   Expenses of witnesses etc

   s 108Kins A1996‑67 s 10

   am A2003‑41 amdt 3.179

   om A2005‑41 amdt 1.6

   Failure to attend before commissioner or tribunal

   s 108Lins A1996‑67 s 10

   am A1998‑54 sch

   om A2005‑41 amdt 1.6

   Failure to give information etc

   s 108Mins A1996‑67 s 10

   am A1998‑54 sch

   om A2005‑41 amdt 1.6

   Disrupting proceedings before commissioner or tribunal

   s 108N hdgsub A2004‑15 amdt 2.55

   s 108Nins A1996‑67 s 10

   am A1998‑54 sch

   am A2000‑2 sch; A2004‑15 amdt 2.56

   om A2005‑41 amdt 1.6

   False information

   s 108Oins A1996‑67 s 10

   am A1998‑54 sch

   om A2004‑15 amdt 2.57

   Discrimination tribunal

   pt 9A hdgrenum as pt 11 hdg

   Establishment, functions and powers

   div 9A.1 hdg         renum as div 11.1 hdg

   Tribunal members

   div 9A.2 hdg         renum as div 11.2 hdg

   Registrar and deputy registrars

   div 9A.3 hdg         renum as div 11.3 hdg

   Other provisions

   div 9A.4 hdg         renum as div 11.4 hdg

   Exemptions

   pt 10 hdgorig pt 10 hdg om A2005‑41 amdt 1.12

   (prev pt 9 hdg) renum A2005‑41 amdt 1.8

   Grant of exemptions

   s 109am A1994‑60 sch 1; A2001‑44 amdts 1.1139-1.1142; A2003‑41 amdt 3.208, amdt 3.209; A2005‑41 amdt 1.7; A2008‑36 amdt 1.252; A2011‑52 amdt 3.70, amdt 3.71; A2025‑29 amdt 4.57

   Review by ACAT

   s 110am A2005‑41 amdt 1.7

   sub A2008‑36 amdt 1.253

   Establishment

   s 110Arenum as s 111

   Functions and powers

   s 110Bins A1996‑67 s 11

   sub A2000‑2 sch

   om A2003‑41 amdt 3.181

   Membership of tribunal

   s 110Crenum as s 112

   Eligibility for appointment

   s 110Drenum as s 113

   Conditions of appointment generally

   s 110Erenum as s 114

   Matters to be included in instrument of appointment etc

   s 110Frenum as s 115

   Duration of appointment

   s 110Grenum as s 116

   Registrar and deputy registrars

   s 110Hrenum as s 117

   Constitution of tribunal

   s 110Irenum as s 118

   Role of president

   s 110Jrenum as s 119

   Approved forms—registrar

   s 110Krenum as s 120

   Discrimination tribunal

   pt 11 hdgorig pt 11 hdg renum as pt 12 hdg

   (prev pt 9A hdg) ins A1996‑67 s 11

   renum A2005‑41 amdt 1.9

   om A2008‑36 amdt 1.254

   Establishment, functions and powers

   div 11.1 hdg(prev pt 9A div 1 hdg and then div 9A.1 hdg) ins A2000‑2 sch

   renum R6 LA; A2005‑41 amdt 1.10

   om A2008‑36 amdt 1.254

   Establishment

   s 111 hdgorig s 111 hdg sub A2003‑41 amdt 3.191

   s 111orig s 111 am A2000‑2 sch; A2003‑41 amdts 3.192-3.194

   s 111 (a)-(h) renum as s 112

   prev s 111 ins A2003‑41 amdt 3.191

   om A2005‑41 amdt 1.12

   (prev s 110A) ins A1996‑67 s 11

   am A2003‑41 amdt 3.180

   renum A2005‑41 amdt 1.11

   om A2008‑36 amdt 1.254

   Tribunal members

   div 11.2 hdg(prev pt 9A div 2 hdg and then div 9A.2 hdg) ins A2000‑2 sch

   renum R6 LA; A2005‑41 amdt 1.10

   om A2008‑36 amdt 1.254

   Membership of tribunal

   s 112 hdgorig s 112 hdg sub A2003‑41 amdt 3.191

   om A2005‑41 amdt 1.12

   s 112orig s 112 om A2003‑41 amdt 3.195

   prev s 112 (prev s 111 (a)-(h)) renum A2003‑41 amdt 3.191

   am A2003‑41 amdts 3.192-3.194; A2004‑5 amdt 2.5

   om A2005‑41 amdt 1.12

   (prev s 110C) ins A1996‑67 s 11

   sub A2000‑2 sch

   am A2003‑41 amdt 3.182

   renum A2005‑41 amdt 1.11

   om A2008‑36 amdt 1.254

   Eligibility for appointment

   s 113orig s 113 om A1997‑41 sch 1

   prev s 113 ins A2003‑41 amdt 3.195

   om A2005‑41 amdt 1.12

   (prev s 110D) ins A1996‑67 s 11

   sub A2000‑2 sch

   renum A2005‑41 amdt 1.11

   om A2008‑36 amdt 1.254

   Conditions of appointment generally

   s 114 hdg(prev s 110E hdg) sub A2003‑41 amdt 3.183

   s 114orig s 114 sub A2003‑41 amdt 3.195

   om A2005‑41 amdt 1.12

   (prev s 110E) ins A1996‑67 s 11

   sub A2000‑2 sch

   am A2003‑41 amdt 3.184

   renum A2005‑41 amdt 1.11

   om A2008‑36 amdt 1.254

   Matters to be included in instrument of appointment etc

   s 115orig s 115 sub A2003‑41 amdt 3.196

   om A2005‑41 amdt 1.12

   (prev s 110F) ins A1996‑67 s 11

   sub A1999‑66 sch 3

   sub A2000‑2 sch

   am A2003‑41 amdt 3.185, amdt 3.186

   renum A2005‑41 amdt 1.11

   om A2008‑36 amdt 1.254

   Duration of appointment

   s 116orig s 116 sub A2003‑41 amdt 3.196

   om A2005‑41 amdt 1.12

   (prev s 110G) ins A2000‑2 sch

   am A2003‑41 amdt 3.187

   renum A2005‑41 amdt 1.11

   am A2007‑39 amdt 3.23

   om A2008‑36 amdt 1.254

   Registrar and deputy registrars

   div 11.3 hdg(prev pt 9A div 3 hdg and then div 9A.3 hdg) ins A2000‑2 sch

   renum R6 LA; A2005‑41 amdt 1.10

   om A2008‑36 amdt 1.254

   Registrar and deputy registrars

   s 117orig s 117 om A2003‑41 amdt 3.196

   (prev s 110H) ins A2000‑2 sch

   am A2003‑41 amdt 3.188, amdt 3.189

   renum A2005‑41 amdt 1.11

   om A2008‑36 amdt 1.254

   Other provisions

   div 11.4 hdg(prev pt 9A div 4 hdg and then div 9A.4 hdg) ins A2000‑2 sch

   renum R6 LA; A2005‑41 amdt 1.10

   om A2008‑36 amdt 1.254

   Constitution of tribunal

   s 118orig s 118 sub A1994‑38 sch 1 pt 28

   am A2003‑41 amdt 3.208

   om A2005‑41 amdt 1.12

   (prev s 110I) ins A2000‑2 sch

   renum A2005‑41 amdt 1.11

   om A2008‑36 amdt 1.254

   Role of president

   s 119orig s 119 om A1995‑25 sch

   prev s 119 ins A1996‑67 s 12

   am A2000‑2 s 3 sch

   om A2005‑41 amdt 1.12

   (prev s 110J) ins A2000‑2 sch

   renum A2005‑41 amdt 1.11

   om A2008‑36 amdt 1.254

   Approved forms—registrar

   s 120orig s 120 am A1996‑67 s 13

   sub A2003‑41 amdt 3.197

   om A2005‑41 amdt 1.12

   (prev s 110K) ins A2001‑44 amdt 1.1143

   am A2003‑41 amdt 3.190

   renum A2005‑41 amdt 1.11

   om A2008‑36 amdt 1.254

   Miscellaneous

   pt 12 hdg(prev pt 11 hdg) sub and renum A2005‑41 amdt 1.13

   Secrecy

   s 121sub A1996‑67 s 14

   am A2000‑2 s 3 sch; A2003‑41 amdt 3.198, amdt 3.199

   sub A2005‑41 amdt 1.13

   (6), (7) exp 1 December 2006 (s 121 (7))

   am A2008‑36 amdt 1.255

   Acts and omissions of representatives

   s 121Ains A2008‑29 amdt 1.22

   am A2016‑49 s 12

   Relationship to other laws

   s 122am A1996‑67 s 15

   am A1998‑54 s 3 sch

   am A2000‑2 s 3 sch; A2003‑41 amdt 3.200, amdt 3.201, amdt 3.209

   sub A2005‑41 amdt 1.13

   Regulation-making power

   s 123om A1997‑41 sch 1

   ins A2005‑41 amdt 1.13

   amA2025‑29 amdt 4.57

   Discrimination Regulation 2016—sch 1

   s 124am A2000‑2 s 3 sch; A2001‑44 amdt 1.1144; A2003‑41 amdt 3.202, amdt 3.208

   om A2005‑41 amdt 1.13

   ins A2016‑49 s 13

   exp 24 August 2016 (s 124 (5))

   Exercise of functions under intergovernmental arrangement

   s 125 hdgam A2000‑2 s 3 sch

   s 125am A2003‑41 amdt 3.203

   om A2005‑41 amdt 1.13

   Approved forms—commissioner

   s 126Ains A2001‑44 amdt 1.1145

   am A2003‑41 amdt 3.204

   om A2005‑41 amdt 1.13

   Regulation-making power

   s 127sub A2000‑2 s 3 sch

   am A2001‑44 amdt 1.1146, amdt 1.1147; A2003‑41 amdt 3.206

   om A2005‑41 amdt 1.13

   Transitional provisions about tribunal members

   s 128ins A2000‑2 sch

   exp 9 June 2000 (s 128 (3))

   Discrimination Regulation 2016

   sch 1ins A2016‑49 s 14

   exp 24 August 2016 (s 124 (5))

   Dictionary

   dictins A2003‑41 amdt 3.205

   am A2006‑22 amdt 1.30 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008‑14 amdt 1.22; A2008‑36 amdt 1.256 ; A2011‑22 amdt 1.169, amdt 1.170; A2011‑28 amdt 3.55; A2012‑40 amdt 3.29, A2013‑39 amdt 2.17 (A2013‑39 never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55)); A2016‑49 s 29; A2025‑29 amdt 3.88

   def accommodation reloc from s 4 A2003‑41 amdt 3.32

   def accommodation status ins A2016‑49 s 30

   def affinity ins A2006‑22 amdt 1.31 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))

   def carer reloc from s 4 A2003‑41 amdt 3.32

   sub A2006‑47 s 5

   am A2023-7 s 31

   def club reloc from s 4 A2003‑41 amdt 3.32

   sub A2010‑43 amdt 1.10; A2023-7 s 32

   def club licence ins A2010‑43 amdt 1.10

   om A2023-7 s 33

   def commission agent reloc from s 4 A2003‑41 amdt 3.32

   def commissioner sub A2003‑41 amdt 3.25

   reloc from s 4 A2003‑41 amdt 3.32

   om A2005‑41 amdt 1.14

   def committee of management am A2003‑41 amdt 3.206

   reloc from s 4 A2003‑41 amdt 3.32

   sub A2023-7 s 34

   defCommonwealth commission reloc from s 4 A2003‑41 amdt 3.32

   om A2005‑41 amdt 1.14

   def complainant ins A2003‑41 amdt 3.205

   sub A2005‑41 amdt 1.15

   om A2008‑36 amdt 1.257

   def complaint reloc from s 4 A2003‑41 amdt 3.32

   sub A2005‑41 amdt 1.16

   om A2008‑36 amdt 1.257

   def complaint about unlawful discrimination ins A2005‑41 amdt 1.17

   om A2008‑36 amdt 1.257

   def compulsory conference reloc from s 4 A2003‑41 amdt 3.32

   om A2007‑22 amdt 1.27

   def contract worker sub A2003‑41 amdt 3.26

   reloc from s 4 A2003‑41 amdt 3.32

   def deputy president ins A2000‑2 sch

   reloc from s 4 A2003‑41 amdt 3.32

   om A2008‑36 amdt 1.257

   def disability ins A2003‑41 amdt 3.27

   reloc from s 4 A2003‑41 amdt 3.32

   def discriminate reloc from s 4 A2003‑41 amdt 3.32

   om A2016‑49 s 15

   def discrimination ins A2016‑49 s 16

   def doing ins A2003‑41 amdt 3.205

   def educational authority reloc from s 4 A2003‑41 amdt 3.32

   def educational institution reloc from s 4 A2003‑41 amdt 3.32

   def employer reloc from s 4 A2003‑41 amdt 3.32

   def employment reloc from s 4 A2003‑41 amdt 3.32

   am A2025‑29 amdt 3.89

   def employment agency am A2003‑41 amdt 3.206

   reloc from s 4 A2003‑41 amdt 3.32

   def employment status ins A2016‑49 s 30

   def gender identity ins A2010‑5 s 10

   sub A2016‑49 s 31

   am A2020‑42 s 62

   def HIV/AIDS status ins A2004‑2 amdt 2.8

   om A2016‑49 s 17

   def HRC ins A2005‑41 amdt 1.17

   def HRC Act ins A2005‑41 amdt 1.17

   om A2008‑36 amdt 1.257

   def immigration status ins A2016‑49 s 32

   def industrial activity ins A2010‑5 s 10

   def industrial association ins A2010‑5 s 10

   def industrial organisation ins A2010‑5 s 10

   def intersex status ins A2016‑49 s 32

   om A2020‑42 s 63

   def investigation reloc from s 4 A2003‑41 amdt 3.32

   om A2005‑41 amdt 1.18

   def irrelevant criminal record ins A2016‑49 s 32

   am A2025‑22 s 12

   def man reloc from s 4 A2003‑41 amdt 3.32

   def member ins A2000‑2 sch

   reloc from s 4 A2003‑41 amdt 3.32

   om A2008‑36 amdt 1.257

   def party ins A2003‑41 amdt 3.205

   sub A2005‑41 amdt 1.19

   om A2008‑36 amdt 1.257

   def physical features ins A2016‑49 s 32

   def political conviction ins A2016‑49 s 32

   def potential pregnancy ins A2002‑19 s 4

   reloc from s 4 A2003‑41 amdt 3.32

   def pregnancy ins A2002‑19 s 4

   reloc from s 4 A2003‑41 amdt 3.32

   def premises reloc from s 4 A2003‑41 amdt 3.32

   def president ins A2000‑2 sch

   reloc from s 4 A2003‑41 amdt 3.32

   om A2008‑36 amdt 1.257

   def principal sub A2003‑41 amdt 3.29

   reloc from s 4 A2003‑41 amdt 3.32

   def protected attribute ins A2016‑49 s 32

   def public act ins A2003‑41 amdt 3.205

   sub A2004‑2 amdt 2.9

   om A2016‑49 s 17

   def race reloc from s 4 A2003‑41 amdt 3.32

   def relationship status ins A2003‑15 s 7

   reloc from s 4 A2003‑41 amdt 3.32

   am A2006‑22 amdt 1.32, amdt 1.33 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008‑14 amdt 1.23, amdt 1.24; pars renum R29 LA; A2012‑40 amdt 3.30, amdt 3.31; pars renum R39 LA; A2019‑17 amdt 1.2

   def relative sub A2003‑15 s 8

   reloc from s 4 A2003‑41 amdt 3.32

   am A2006‑22 amdt 1.34 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2012‑40 amdt 3.32

   def relevant class of persons sub A2003‑41 amdt 3.30

   reloc from s 4 A2003‑41 amdt 3.32

   am A2016‑49 s 33

   def religious conviction ins A2016‑49 s 34

   def representative complaint am A1996‑67 s 4

   reloc from s 4 A2003‑41 amdt 3.32

   om A2005‑41 amdt 1.20

   def respondent ins A2003‑41 amdt 3.205

   sub A2005‑41 amdt 1.21

   om A2008‑36 amdt 1.257

   def services am A2003‑41 amdt 3.31

   reloc from s 4 A2003‑41 amdt 3.32

   def sex characteristics ins A2020‑42 s 64

   def sexual harassment ins A2003‑41 amdt 3.205

   def sexuality reloc from s 4 A2003‑41 amdt 3.32

   sub A2020‑42 s 65

   def staff reloc from s 4 A2003‑41 amdt 3.32

   om A2005‑41 amdt 1.22

   def Territory employee sub A1994‑38 sch 1 pt 28

   reloc from s 4 A2003‑41 amdt 3.32

   sub A2025‑29 amdt 3.90

   def transsexual reloc from s 4 A2003‑41 amdt 3.32

   om A2010‑5 s 11

   def tribunal ins A1996‑67 s 4

   reloc from s 4 A2003‑41 amdt 3.32

   sub A2005‑41 amdt 1.23

   om A2008‑36 amdt 1.257

   def unlawful act ins A2016‑49 s 18

   def unpaid worker reloc from s 4 A2003‑41 amdt 3.32

   def voluntary body reloc from s 4 A2003‑41 amdt 3.32

   def woman reloc from s 4 A2003‑41 amdt 3.32

1. Earlier republications

   Some earlier republications were not numbered.  The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format.  These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	A1994‑11	31 May 1994
2	A1995‑46	1 January 1996
3	A1996‑67	31 January 1997
4	A1998‑54	31 January 1999
5	A2000‑17	15 June 2000
6	A2001‑44	12 September 2001
7	A2002‑11	31 May 2002
8	A2002‑19	14 June 2002
9	A2002‑19	11 July 2002
10	A2002‑51	1 January 2003
10 (RI)	A2002‑51 ‡	10 February 2003
11	A2003‑15	28 March 2003
12	A2003‑41	9 October 2003
13	A2004‑5	22 March 2004
14	A2004‑15	9 April 2004
15	A2004‑15	30 April 2004
16	A2004‑15	1 July 2004
17	A2004‑51	12 August 2004
18*	A2004‑51	1 September 2004
19	A2004‑60	10 January 2005
20	A2005‑60	11 January 2006
21	A2006‑3	23 February 2006
22	A2006‑40	29 September 2006
23	A2006‑40	1 November 2006
24*	A2006‑47	2 December 2006
25	A2006‑47	28 May 2007
26	A2007‑16	11 July 2007
27	A2007‑22	6 September 2007
28	A2007‑39	27 December 2007
29	A2008‑14	19 May 2008
30	A2008‑29	13 August 2008
31	A2008‑29	27 August 2008
32*	A2008‑36	2 February 2009
33	A2010‑5	9 March 2010
34	A2010‑5	22 April 2010
35	A2010‑43	1 December 2010
36	A2011‑22	1 July 2011
37*	A2011‑28	21 September 2011
38	A2011‑52	12 December 2011
39	A2012‑40	11 September 2012
40	A2012‑40	22 September 2012
41	A2013‑39 (never effective)	7 November 2013
41 (RI)	A2013‑39 (never effective)	7 November 2013
42	A2015-45	7 November 2015
43	A2016-49	24 August 2016
44	A2016‑49	25 August 2016
45	A2016‑49	3 April 2017
46	A2018‑48	29 April 2019
47	A2019‑17	21 June 2019
48	A2019‑35	10 April 2020
49	A2020‑42	28 August 2020
50	A2023‑57	11 April 2024
51	A2024‑49	18 September 2024
52	A2025‑22	13 September 2025
‡  includes retrospective amendments by A2002‑49