Discrimination (Amendment) Act 1995 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Discrimination (Amendment) Act 1995

No. 9 of 1995

An Act to amend the Discrimination Act 1991

[Notified in ACT Gazette S135: 30 June 1995]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Short title

1.  This Act may be cited as the Discrimination (Amendment) Act 1995.

Commencement

2. This Act commences on the day on which it is notified in the Gazette.

Principal Act

3.  In this Act, “Principal Act” means the Discrimination Act 1991.1

Insertion

4.  After section 5 of the Principal Act the following section is inserted in Part I:

MLAs as employers

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

Employment etc.

5.  Section 59 of the Principal Act is amended by adding at the end the following subsections:

“(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 persons.

“(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.”.

[Presentation speech made in Assembly on 31 May 1995]

NOTE

Principal Act

1. Reprinted as at 31 May 1994.  See also Acts Nos. 38, 60 and 103, 1994.

©  Australian Capital Territory 1995