Equal Opportunity Act 1984 (SA)

South Australia

Equal Opportunity Act 1984

An Act to promote equality of opportunity between the citizens of this State; to prevent certain kinds of discrimination based on sex, race, disability, age or various other grounds; to facilitate the participation of citizens in the economic and social life of the community; and to deal with other related matters.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Equal Opportunity Act 1984.

5Interpretation

(1)
In this Act, unless the contrary intention appears—
act includes an omission;
assistance animal means—
(a)
a dog that is an accredited assistance dog under the Dog and Cat Management Act 1995; or
(b)
an animal of a class prescribed by regulation;
business includes a business that is not carried on for profit;
caring responsibilities—see subsection (3);
child means a person who is under the age of 18 years;
close personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their sexual orientation or gender identity) who live together as a couple on a genuine domestic basis, but does not include—
(a)
the relationship between a legally married couple; or
(b)
a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;
Note—
Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.
Commissioner means the person for the time being holding or acting in the office of Commissioner for Equal Opportunity under this Act;
council means a council constituted under the Local Government Act 1999;
court includes a tribunal;
detriment includes humiliation or denigration;
disability, in relation to a person, means—
(a)
total or partial loss of the person's bodily or mental functions; or
(b)
total or partial loss of a part of the body; or
(c)
the presence in the body of organisms causing disease or illness; or
(d)
the presence in the body of organisms capable of causing disease or illness; or
(e)
the malfunction, malformation or disfigurement of a part of the person's body; or
(f)
a disorder or malfunction that results in the 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;
domestic abuse has the same meaning as in the Intervention Orders (Prevention of Abuse) Act 2009;
domestic partner means—
(a)
a person who is in a registered relationship; or
(b)
a person who lives in a close personal relationship;
educational authority means the person or body administering a school, college, university or other institution at which education or training is provided;
employee—
(a)
includes the holder of a public or statutory office (not being a judicial or magisterial office); and
(b)
includes an unpaid worker;
employer—
(a)
in relation to the holder of a public or statutory office—means the Crown;
(b)
in relation to an unpaid worker—means an organisation for which the unpaid worker performs services;
employment includes unpaid work;
employment agency means a person who, for fee or reward, introduces persons seeking work to persons seeking to employ or engage persons to perform work;
introduction agency means a person who carries on a business of introducing persons who are seeking companionship or social contact;
judicial officer means a member of a court or tribunal;
marital or domestic partnership status means the status or condition of—
(a)
being single; or
(b)
being married; or
(c)
being married but living separately and apart from one's spouse; or
(d)
being divorced; or
(e)
being widowed; or
(f)
being a domestic partner;
medical practitioner means a person who is registered in this State as a medical practitioner;
near relative of a person means spouse, domestic partner, parent, child, grandparent, grandchild, brother or sister;
parliamentary proceedings means proceedings before—
(a)
the House of Assembly or the Legislative Council; or
(b)
a committee of either House or of both Houses;
potential pregnancy of a woman means that the woman is likely, or is perceived as being likely, to become pregnant;
race of a person means the nationality (current, past or proposed), country of origin, colour or ancestry of the person;
registered industrial association means an industrial association or organisation registered under a law of the State or the Commonwealth;
registered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act;
Registrar means the person holding or acting in the office of Registrar of the Tribunal under this Act;
SAET means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014;
secondary education institution means an institution at which secondary education is provided;
services to which this Act applies means—
(a)
access to or use of a place or facilities that members of the public are permitted to enter or use; or
(b)
services provided by an employment agency; or
(c)
services provided in the course of a banking business (within the meaning of the Banking Act 1959 of the Commonwealth), the provision of credit, or insurance; or
(d)
the provision of a scholarship, prize or award; or
(e)
entertainment, recreation or refreshment; or
(f)
services provided by an introduction agency; or
(g)
the provision of coaching or umpiring in a sport; or
(h)
services connected with transportation or travel; or
(i)
services of a profession or trade; or
(j)
services provided by a Government department, instrumentality or agency or a council;
spouse—a person is the spouse of another if they are legally married;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;
unpaid worker means a person who performs work for an employer for no remuneration.
(2)
After the commencement of this subsection, the provision of assisted insemination or assisted reproductive treatment (both within the meaning of the Assisted Reproductive Treatment Act 1988) will be the provision of a service to which this Act applies; however, to avoid doubt, the provision of any such service before the commencement of this subsection is not (and will be taken never to have been) a service to which this Act or the repealed Sex Discrimination Act 1975 applied.
(2a)
Despite subsection (2), the refusal by a person who is a registered objector within the meaning of the Assisted Reproductive Treatment Act 1988 to provide assisted reproductive treatment to another on the basis of the other's sexual orientation or gender identity, or marital status, will not be taken to be refusal of a service to which this Act applies.
(3)
For the purposes of this Act—
(a)
a person has caring responsibilities if the person has responsibilities to care for or support—
(i)
a dependent child of the person; or
(ii)
any other immediate family member of the person who is in need of care and support; and
(b)
an Aboriginal or Torres Strait Islander person also has caring responsibilities if the person has responsibilities to care for or support any person to whom that person is held to be related according to Aboriginal kinship rules or Torres Strait Islander kinship rules, as the case may require.
(4)
In subsection (3)—
child includes an adopted child, a step-child or an ex-nuptial child;
dependent child of a person means a child who is wholly or substantially dependent on the person;
immediate family member of a person includes—
(a)
the person's spouse or domestic partner or former spouse or former domestic partner; and
(b)
an adult child, parent, grandparent, grandchild, or sibling of the person or of the spouse or domestic partner of the person.

6Interpretative provisions

(1)
For the purposes of this Act, the holder of a public or statutory office will, in carrying out official duties, be taken to be acting in the course of employment.
(2)
For the purposes of this Act, a person acts on a particular ground referred to in this Act if the person in fact acts on a number of grounds, one of which is the ground so referred to, and that ground is a substantial reason for the act.
(3)
For the purposes of this Act, a person (the discriminator) treats another unfavourably on the basis of a particular attribute or circumstance if the discriminator treats that other person less favourably than in identical or similar circumstances the discriminator treats, or would treat, a person who does not have that attribute or is not affected by that circumstance.
(4)
For the purposes of this Act, an act will be regarded as a discriminatory act despite the fact that the person alleged to have committed the act did so on the basis of a mistaken assumption (for example, a mistaken assumption that another person was of a particular sexual orientation or gender identity or a particular race).

7Crown is bound

This Act binds the Crown.

Part 2CommissionerDivision 1Commissioner8The Commissioner

(1)
There will be a Commissioner for Equal Opportunity.
(2)
The Commissioner will be appointed for a term of five years and will, at the expiration of a term of appointment, be eligible for reappointment.
(3)
The Commissioner is not a Public Service employee.
(4)
The terms and conditions of the Commissioner's appointment will be fixed by the Governor on the recommendation of the Commissioner for Public Employment.
(5)
A Public Service employee may be appointed to act temporarily as the Commissioner.

9Staff

(1)
The Commissioner will have such staff as is necessary for the administration of this Act.
(2)
The Commissioner's staff will consist of Public Service employees.

10Administration of Act and Ministerial direction

(1)
The Commissioner is responsible to the Minister for the general administration of this Act and, in carrying out that function, is subject to the general control and direction of the Minister.
(2)
However, the Minister—
1. (a)
  must not give a direction in relation to the manner in which action should be taken on a particular complaint; and
2. (b)
  must not seek information tending to identify a party to proceedings under this Act.

11Functions of Commissioner

(1)
The Commissioner must foster and encourage amongst members of the public informed and unprejudiced attitudes with a view to eliminating discrimination on the grounds to which this Act applies.
(2)
The Commissioner may institute, promote or assist in research, the collection of data and the dissemination of information relating to discrimination on the grounds to which this Act applies.
(3)
The Commissioner may make recommendations to the Minister as to reforms, whether of a legislative nature or otherwise, that the Commissioner believes will further the objects of this Act.

14Annual report by Commissioner

(1)
The Commissioner must, not later than 30 September in each year, report to the Minister on—
(a)
the operation and administration of this Act; and
(b)
the work undertaken by the Commissioner under section 11,
during the previous financial year.
(2)
The Minister must cause a copy of a report furnished under subsection (1) to be laid before each House of Parliament within 12 sitting days of receipt of the report if Parliament is then in session, but if Parliament is not then in session, within 12 days of the commencement of the next session of Parliament.

15Power of Commissioner to delegate

(1)
The Commissioner may, with the approval of the Minister, delegate powers and functions under this Act to a Public Service employee.
(2)
A delegation under this section is revocable at will and does not derogate from the power of the Commissioner to act personally in a matter.

Part 3Prohibition of discrimination on ground of sex, sexual orientation or gender identityDivision 1Discrimination to which Part 3 applies

29Criteria for discrimination on ground of sex, gender identity, sexual orientation or intersex status

(2)
For the purposes of this Act, a person discriminates on the ground of sex—
(a)
if the person treats another unfavourably because of the other's sex; or
(b)
if the person treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and—
(i)
the nature of the requirement is such that a substantially higher proportion of persons of the opposite sex complies, or is able to comply, with the requirement than of those of the other's sex; and
(ii)
the requirement is not reasonable in the circumstances of the case; or
(c)
if the person treats another unfavourably on the basis of a characteristic that appertains generally to persons of the other's sex, or on the basis of a presumed characteristic that is generally imputed to persons of that sex; or
(d)
if the person treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs.
(2a)
For the purposes of this Act, a person discriminates on the ground of gender identity—
(a)
if the person treats another unfavourably because the other is or has been a person of a particular gender identity or because of the other's past sex; or
(b)
if the person treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and—
(i)
the nature of the requirement is such that a substantially higher proportion of persons who are not persons of a particular gender identity comply, or are able to comply, with the requirement than of those of the particular gender identity; and
(ii)
the requirement is not reasonable in the circumstances of the case; or
(c)
if the person treats another unfavourably on the basis of a characteristic that appertains generally to persons of a particular gender identity, or on the basis of a presumed characteristic that is generally imputed to persons of a particular gender identity; or
(d)
if the person requires a person of a particular gender identity to assume characteristics of a sex with which the person does not identify; or
(e)
if the person treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs.
(3)
For the purposes of this Act, a person discriminates on the ground of sexual orientation—
(a)
if the person treats another unfavourably because of the other's sexual orientation or past sexual orientation; or
(b)
if the person treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and—
(i)
the nature of the requirement is such that a substantially higher proportion of persons of a different sexual orientation complies, or is able to comply, with the requirement than of those of the other's sexual orientation; and
(ii)
the requirement is not reasonable in the circumstances of the case; or
(c)
if the person treats another unfavourably on the basis of a characteristic that appertains generally to persons of the other's sexual orientation, or presumed sexual orientation, or on the basis of a presumed characteristic that is generally imputed to persons of that sexual orientation; or
(d)
if the person treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs.
(4)
For the purposes of this Act, a person discriminates on the ground of intersex status—
(a)
if the person treats another unfavourably because of the other's intersex status or past intersex status; or
(b)
if the person treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and—
(i)
the nature of the requirement is such that a substantially higher proportion of persons who are not of intersex status complies, or is able to comply, with the requirement than of those of intersex status; and
(ii)
the requirement is not reasonable in the circumstances of the case; or
(c)
if the person treats another unfavourably on the basis of a characteristic that appertains generally to persons of intersex status, or presumed intersex status, or on the basis of a presumed characteristic that is generally imputed to persons of intersex status; or
(d)
if the person treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs.

Division 2Discrimination against workers

30Discrimination against applicants and employees

(1)
It is unlawful for an employer to discriminate against a person on the ground of sex, sexual orientation, gender identity or intersex status—
(a)
in determining, or in the course of determining, who should be offered employment; or
(b)
in the terms or conditions on which employment is offered.
(2)
It is unlawful for an employer to discriminate against an employee on the ground of sex, sexual orientation, gender identity or intersex status—
(a)
in the terms or conditions of employment; or
(b)
by denying or limiting access to opportunities for promotion, transfer or training, or to other benefits connected with employment; or
(c)
by dismissing the employee; or
(d)
by subjecting the employee to other detriment.

31Discrimination against agents and independent contractors

(1)
This section applies to a principal for whom work is done—
1. (a)
  by agents remunerated by commission; or
2. (b)
  by independent contractors engaged under a contract for services.
(2)
It is unlawful for the principal to discriminate against a person on the ground of sex, sexual orientation, gender identity or intersex status—
1. (a)
  in determining, or in the course of determining, who should be engaged as an agent or independent contractor; or
2. (b)
  in the terms or conditions on which such an engagement is offered.
(3)
It is unlawful for the principal to discriminate against an agent or independent contractor on the ground of sex, sexual orientation, gender identity or intersex status—
1. (a)
  in the terms or conditions on which the agent or independent contractor is engaged; or
2. (b)
  by denying or limiting access to opportunities for promotion, transfer or training or other benefits connected with the agent's or independent contractor's position; or
3. (c)
  by terminating the engagement; or
4. (d)
  by subjecting the agent or independent contractor to other detriment.

32Discrimination against contract workers

(1)
This section applies to a principal for whom work is done by persons (contract workers) under a contract between the principal and another where the contract workers are employed or engaged by a person other than the principal.
(2)
It is unlawful for a principal to enter into a contract or arrangement with another for work to be performed by contract workers under which a person is to discriminate against a contract worker on the ground of sex, sexual orientation, gender identity or intersex status.
(3)
It is unlawful for the principal to discriminate against a contract worker on the ground of sex, sexual orientation, gender identity or intersex status—
(a)
in the terms or conditions on which the contract worker is allowed to work; or
(b)
by not allowing the contract worker to work; or
(c)
by denying or limiting access to a benefit connected with the employment or position concerned; or
(d)
by subjecting the contract worker to other detriment.

33Discrimination within partnerships

(1)
It is unlawful for a firm, or a person promoting the formation of a firm, to discriminate against a person on the ground of sex, sexual orientation, gender identity or intersex status in determining, or in the course of determining, who should be offered a position as partner in the firm.
(3)
It is unlawful for a firm, or a person promoting the formation of a firm, to discriminate against a person on the ground of sex, sexual orientation, gender identity or intersex status in the terms or conditions on which that person is offered a position as partner in the firm.

(4)
It is unlawful for a firm to discriminate against a partner on the ground of sex, sexual orientation, gender identity or intersex status—
(a)
in the terms or conditions of membership of the firm; or
(b)
by denying or limiting access to a benefit arising from membership of the firm; or
(c)
by expelling the partner from the firm; or
(d)
by subjecting the partner to other detriment.

34Exemptions

(1)
This Division does not apply in relation to—
(a)
an employer employing a person for purposes not connected with a business carried on by the employer; or
(b)
a principal engaging a natural person as an independent contractor for purposes not connected with a business carried on by the principal.
(2)
This Division does not apply to discrimination on the ground of sex, sexual orientation, gender identity or intersex status in relation to employment or engagement for which it is a genuine occupational requirement that a person be a person of a particular sex, sexual orientation, gender identity or intersex status.
(3)
This Division does not apply to discrimination on the ground of sexual orientation, gender identity or intersex status in relation to employment or engagement for the purposes of an educational institution if—
(a)
the educational institution is administered in accordance with the precepts of a particular religion and the discrimination is founded on the precepts of that religion; and
(b)
the educational authority administering the institution has a written policy stating its position in relation to the matter; and
(c)
a copy of the policy is given to a person who is to be interviewed for or offered employment with the authority or a teacher who is to be offered engagement as a contractor by the authority; and
(d)
a copy of the policy is provided on request, free of charge—
(i)
to employees and contractors and prospective employees and contractors of the authority to whom it relates or may relate; and
(ii)
to students, prospective students and parents and guardians of students and prospective students of the institution; and
(iii)
to other members of the public.
(4)
This Division does not apply to discrimination on the ground of gender identity in relation to employment or engagement if the discrimination is for the purposes of enforcing standards of appearance and dress reasonably required for the employment or engagement.

Division 3Discrimination by other bodies35Discrimination by associations

(1)
It is unlawful for an association to discriminate—
(a)
against an applicant for membership on the ground of sex, sexual orientation, gender identity or intersex status—
(i)
by refusing or failing to admit the applicant to membership, or to a particular class of membership, of the association; or
(ii)
in the terms on which the applicant is, or may be, admitted to membership, or a particular class of membership; or
(b)
against a member of the association on the ground of sex, sexual orientation, gender identity or intersex status—
(i)
by refusing or failing to provide a particular service or benefit to that member; or
(ii)
in the terms on which a particular service or benefit is provided to that member; or
(iii)
by expelling that member from the association or subjecting him or her to other detriment.
(2)
This section does not apply to discrimination on the ground of sex in relation to the use or enjoyment of a service or benefit provided by an association—
(a)
if it is not practicable for the service or benefit to be used or enjoyed simultaneously by persons of different sex, but the same, or an equivalent, service or benefit is provided for the use or enjoyment of persons of different sex separately from each other or at different times; or
(b)
if it is not practicable for the service or benefit to be used or enjoyed to the same extent by persons of different sex, but persons of different sex are entitled to a fair and reasonable proportion of the use or enjoyment of the service or benefit.
(2a)
This section does not render unlawful an association established for—
(a)
persons of a particular sex; or
(b)
persons of a particular gender identity; or
(c)
persons of a particular sexual orientation (other than heterosexuality); or
(d)
persons of intersex status,
and, consequently, such an association may discriminate against an applicant for membership so as to exclude from membership persons other than those for whom the association is established.
(2b)
This section does not apply to discrimination on the ground of sexual orientation, gender identity or intersex status if the association is administered in accordance with the precepts of a particular religion and the discrimination is founded on the precepts of that religion.
(3)
Without limiting the generality of this section, an association discriminates against a member of a particular class in the association if, on application by that member to join a different class of membership in the association, the association accords the member a lower order of precedence on the list of applicants for that class of membership than that accorded to an applicant who is not a member of the association.

36Discrimination by qualifying bodies

It is unlawful for an authority or body empowered to confer an authorisation or qualification that is needed for, or facilitates, the practice of a profession, or the carrying on or engaging in of a trade or occupation, to discriminate against a person on the ground of sex, sexual orientation, gender identity or intersex status—
(a)
by refusing or failing to confer or renew that authorisation or qualification; or
(b)
in the terms or conditions on which it confers or renews the authorisation or qualification; or
(c)
by withdrawing the authorisation or qualification, or varying the terms or conditions on which it is held.

Division 4Discrimination in education37Discrimination by educational authorities

(1)
It is unlawful for an educational authority to discriminate against a person on the ground of sex, sexual orientation, gender identity or intersex status—
(a)
by refusing or failing to accept an application for admission as a student; or
(b)
in the terms or conditions on which it offers to admit the person as a student.
(2)
It is unlawful for an educational authority to discriminate against a student on the ground of sex, sexual orientation, gender identity or intersex status—
(a)
in the terms or conditions on which it provides the student with training or education; or
(b)
by denying or limiting access to a benefit provided by the authority; or
(c)
by expelling the student; or
(d)
by subjecting the student to other detriment.
(3)
This section does not apply to discrimination on the ground of sex in respect of—
(a)
admission to a school, college, university or institution established wholly or mainly for students of the one sex; or
(b)
the admission of a person to a school, college or institution (not being a tertiary level school, college or institution) if the level of education or training sought by the person is provided only for students of the one sex; or
(c)
the provision at a school, college, university or institution of boarding facilities for students of the one sex.

Division 5Discrimination in relation to land, goods, services and accommodation

38Discrimination by person disposing of an interest in land

(1)
It is unlawful for a person to discriminate against another on the ground of sex, sexual orientation, gender identity or intersex status—
1. (a)
  by refusing or failing to dispose of an interest in land to the other person; or
2. (b)
  in the terms or conditions on which an interest in land is offered to the other person.
(2)
This section does not apply to the disposal of an interest in land by way of, or pursuant to, a testamentary disposition or gift.

39Discrimination in provision of goods and services

(1)
It is unlawful for a person who offers or provides—
1. (a)
  goods; or
2. (b)
  services to which this Act applies,

(whether for payment or not) to discriminate against another on the ground of sex, sexual orientation, gender identity or intersex status—
(c)
by refusing or failing to supply the goods or perform the services; or
(d)
in the terms or conditions on which or the manner in which the goods are supplied or the services are performed.

(2)
If the nature of a skill varies according to whether it is exercised in relation to men or to women, a person does not contravene this section by exercising the skill in relation to men only, or women only, in accordance with the person's normal practice.

40Discrimination in relation to accommodation

(1)
It is unlawful for a person to discriminate against another on the ground of sex, sexual orientation, gender identity or intersex status—
(a)
in the terms or conditions on which accommodation is offered; or
(b)
by refusing an application for accommodation; or
(c)
by deferring such an application or according the applicant a lower order of precedence on a list of applicants for that accommodation.
(2)
It is unlawful for a person to discriminate against a person for whom accommodation has been provided on the ground of sex, sexual orientation, gender identity or intersex status—
(a)
in the terms or conditions on which accommodation is provided; or
(b)
by denying or limiting access to a benefit connected with the accommodation; or
(c)
by evicting the person; or
(d)
by subjecting the person to other detriment.
(3)
This section does not apply to discrimination in relation to the provision of accommodation if the person who provides, or proposes to provide, the accommodation, or a near relative of that person, resides, and intends to continue to reside, in the same household as the person requiring the accommodation.
(4)
This section does not apply to discrimination on the ground of sex in relation to the provision of accommodation by an organisation that does not seek to secure a pecuniary profit for its members, if the accommodation is provided only for persons of the one sex.

Division 7General exemptions from Part 345Charities

This Part does not—
(a)
affect a provision in a charitable instrument for conferring benefits wholly or mainly on—
(i)
persons of the one sex; or
(ia)
persons of a particular gender identity; or
(ii)
persons of a particular sexual orientation; or
(iii)
persons of intersex status; or
(b)
render unlawful an act done to give effect to such a provision.

47Measures intended to achieve equality

This Part does not render unlawful an act done for the purpose of carrying out a scheme or undertaking intended to ensure that persons of a particular sex, sexual orientation, gender identity or intersex status, have equal opportunities with, respectively, all other persons, in circumstances to which this Part applies.

48Sport

This Part does not render unlawful the exclusion of persons from participation in a competitive sporting activity on the ground of sex in the following circumstances:
(a)
if the sporting activity is one in which the strength, stamina or physique of the competitor is relevant to the outcome of the competition;
(b)
if the exclusion is genuinely intended to facilitate or increase the participation of persons, or a class of persons, of a particular sex in the sporting activity and—
(i)
it is unlikely that those persons will participate, or that there will be an increase in participation by those persons, in the sporting activity if the exclusion is not made (having regard to all of the circumstances of the persons or class of persons); and
(ii)
there are reasonable opportunities for excluded persons to participate in the sporting activity in another competition;
(c)
if—
(i)
the exclusion is reasonably required to enable participants in the sporting activity to advance to competitions at a level higher than that in which the exclusion is to occur (being a requirement that is due to the structure of, or restrictions in, the higher level competitions); and
(ii)
there are reasonable opportunities for excluded persons to participate in the sporting activity in another competition;
(d)
in such other circumstances as may be prescribed by the regulations.

49Insurance etc

This Part does not render unlawful discrimination on the ground of sex in the terms on which an annuity, life assurance, accident insurance or other form of insurance is offered or may be obtained, if the discrimination—
(a)
is based on actuarial or statistical data from a source on which it is reasonable to rely; and
(b)
is reasonable having regard to that data.

50Religious bodies

(1)
This Part does not render unlawful discrimination in relation to—
(a)
the ordination or appointment of priests, ministers of religion or members of a religious order; or
(b)
the training or education of persons seeking ordination or appointment as priests, ministers of religion or members of a religious order; or
(ba)
the administration of a body established for religious purposes in accordance with the precepts of that religion; or
(c)
any other practice of a body established for religious purposes that conforms with the precepts of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.

Part 4Prohibition of discrimination on ground of raceDivision 1Discrimination to which Part 4 applies

51Criteria for establishing discrimination on ground of race

For the purposes of this Act, a person discriminates on the ground of race—
(a)
if he or she treats another unfavourably by reason of the other's race; or
(b)
if he or she treats another person unfavourably because the other does not comply, or is not able to comply, with a particular requirement and—
(i)
the nature of the requirement is such that a substantially higher proportion of persons of a different race complies, or is able to comply, with the requirement than of those of the other's race; and
(ii)
the requirement is not reasonable in the circumstances of the case; or
(c)
if he or she treats another unfavourably on the basis of a characteristic that appertains generally to persons of the other's race, or on the basis of a presumed characteristic that is generally imputed to persons of that race; or
(d)
if he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs.

Division 2Discrimination against workers

52Discrimination against applicants and employees

(1)
It is unlawful for an employer to discriminate against a person on the ground of race—
(a)
in determining, or in the course of determining, who should be offered employment; or
(b)
in the terms or conditions on which employment is offered.
(2)
It is unlawful for an employer to discriminate against an employee on the ground of race—
(a)
in the terms or conditions of employment; or
(b)
by denying or limiting access to opportunities for promotion, transfer or training, or to other benefits connected with employment; or
(c)
by dismissing the employee; or
(d)
by segregating the employee from persons of other races; or
(e)
by subjecting the employee to other detriment.

53Discrimination against agents and independent contractors

(1)
This section applies to a principal for whom work is done—
1. (a)
  by agents remunerated by commission; or
2. (b)
  by independent contractors engaged under a contract for services.
(2)
It is unlawful for the principal to discriminate against a person on the ground of race—
1. (a)
  in determining, or in the course of determining, who should be engaged as an agent or independent contractor; or
2. (b)
  in the terms or conditions on which such an engagement is offered.
(3)
It is unlawful for the principal to discriminate against an agent or independent contractor on the ground of race—
1. (a)
  in the terms or conditions on which the agent or independent contractor is engaged; or
2. (b)
  by denying or limiting access to opportunities for promotion, transfer or training or other benefits connected with the agent's or independent contractor's position; or
3. (c)
  by terminating the engagement; or
4. (d)
  by subjecting the agent or independent contractor to other detriment.

54Discrimination against contract workers

(1)
This section applies to a principal for whom work is done by persons (contract workers) under a contract between the principal and another where the contract workers are employed or engaged by a person other than the principal.
(2)
It is unlawful for a principal to enter into a contract or arrangement with another for work to be performed by contract workers under which a person is to discriminate against a contract worker on the ground of race.
(3)
It is unlawful for the principal to discriminate against a contract worker on the ground of race—
(a)
in the terms or conditions on which the contract worker is allowed to work; or
(b)
by not allowing the contract worker to work; or
(c)
by denying or limiting access to a benefit connected with the employment or position concerned; or
(d)
by subjecting the contract worker to other detriment.

55Discrimination within partnerships

(1)
It is unlawful for a firm, or a person promoting the formation of a firm, to discriminate against a person on the ground of race—
(a)
in determining, or in the course of determining, who should be offered a position as partner in the firm; or
(b)
in the terms or conditions on which that person is offered a position as partner in the firm.
(2)
It is unlawful for a firm to discriminate against a partner on the ground of race—
(a)
in the terms or conditions of membership of the firm; or
(b)
by denying or limiting access to a benefit arising from membership of the firm; or
(c)
by expelling the partner from the firm; or
(d)
by subjecting the partner to other detriment.

56Exemptions

(1)
This Division does not apply in relation to—
(a)
an employer employing a person for purposes not connected with a business carried on by the employer; or
(b)
a principal engaging a natural person as an independent contractor for purposes not connected with a business carried on by the principal.
(2)
This Division does not apply to discrimination on the ground of race in relation to employment or engagement for which it is a genuine occupational requirement that a person be of a particular race.

Division 3Discrimination by other bodies

57Discrimination by associations on ground of race

(1)
It is unlawful for an association to discriminate—
(a)
against an applicant for membership on the ground of race—
(i)
by refusing or failing to admit the applicant to membership, or to a particular class of membership, of the association; or
(ii)
in the terms on which the applicant is, or may be, admitted to membership, or to a particular class of membership; or
(b)
against a member of the association on the ground of race—
(i)
by refusing or failing to provide a particular service or benefit to that member; or
(ii)
in the terms on which a particular service or benefit is provided to that member; or
(iii)
by expelling that member from the association or subjecting him or her to other detriment.
(2)
This section does not apply to a club established principally for the purpose of promoting social intercourse between the members of a particular racial or ethnic group.

58Discrimination by qualifying bodies

(1)
It is unlawful for an authority or body empowered to confer an authorisation or qualification that is needed for, or facilitates, the practice of a profession, or the carrying on or engaging in of a trade or occupation, to discriminate against a person on the ground of race—
(a)
by refusing or failing to confer or renew that authorisation or qualification; or
(b)
in the terms or conditions on which it confers the authorisation or qualification; or
(c)
by withdrawing the authorisation or qualification, or varying the terms or conditions on which it is held.
(2)
Without limiting the generality of subsection (1), an authority or body discriminates against a person on the ground of race if the authority or body—
(a)
fails to take reasonable steps to inform itself sufficiently on the adequacy or appropriateness of qualifications or experience gained outside of Australia by the person; and
(b)
in consequence of that failure, refuses to confer on the person an authorisation or qualification for which the person has applied.

Division 4Discrimination in education59Discrimination by educational authorities

(1)
It is unlawful for an educational authority to discriminate against a person on the ground of race—
(a)
by refusing or failing to accept an application for admission as a student; or
(b)
in the terms or conditions on which it offers to admit the person as a student.
(2)
It is unlawful for an educational authority to discriminate against a student on the ground of race—
(a)
in the terms or conditions on which it provides the student with education or training; or
(b)
by denying or limiting access to a benefit provided by the authority; or
(c)
by expelling the student; or
(d)
by subjecting the student to other detriment.

Division 5Discrimination in relation to land, goods, services and accommodation

60Discrimination by person disposing of an interest in land

(1)
It is unlawful for a person to discriminate against another on the ground of race—
1. (a)
  by refusing or failing to dispose of an interest in land to the other person; or
2. (b)
  in the terms or conditions on which an interest in land is offered to the other person.
(2)
This section does not apply to the disposal of an interest in land by way of, or pursuant to, a testamentary disposition or gift.

61Discrimination in provision of goods and services

It is unlawful for a person who offers or provides—
(a)
goods; or
(b)
services to which this Act applies,
(whether for payment or not) to discriminate against another on the ground of race—
(c)
by refusing or failing to supply the goods or perform the services; or
(d)
in the terms or conditions on which or the manner in which the goods are supplied or the services are performed.

62Discrimination in relation to accommodation

(1)
It is unlawful for a person to discriminate against another on the ground of race—
(a)
in the terms or conditions on which accommodation is offered; or
(b)
by refusing an application for accommodation; or
(c)
by deferring such an application or according the applicant a lower order of precedence on a list of applicants for that accommodation.
(2)
It is unlawful for a person to discriminate against a person for whom accommodation has been provided on the ground of race—
(a)
in the terms or conditions on which accommodation is provided; or
(b)
by denying or limiting access to a benefit connected with the accommodation; or
(c)
by evicting the person; or
(d)
by subjecting the person to other detriment.
(2a)
This section does not apply to discrimination in relation to the provision of accommodation if the person who provides, or proposes to provide, the accommodation, or a near relative of that person, resides, and intends to continue to reside, in the same household as the person requiring the accommodation.

Division 6Discrimination in relation to superannuation63Superannuation schemes and provident funds

(1)
It is unlawful for a person who provides a superannuation scheme or provident fund to discriminate against a person on the ground of race—
(a)
by providing a scheme or fund that discriminates or, if the other person were to become a member of the scheme or fund, would discriminate, or require or authorise discrimination, against the other person; or
(b)
in the manner in which the scheme or fund is administered.
(2)
Subject to any order of the Tribunal or a court in proceedings under this Act, nothing in this section has the effect of rendering a superannuation scheme or provident fund, or a provision of such a scheme or fund, void.

Division 7General exemptions from Part 464Charities

This Part does not—
(a)
affect a provision in a charitable instrument for conferring benefits wholly or mainly on persons of a particular race; or
(b)
render unlawful an act done to give effect to such a provision.

65Act does not apply to projects for benefit of persons of a particular race

This Part does not render unlawful an act done for the purpose of carrying out a scheme or undertaking for the benefit of persons of a particular race.

Part 5Prohibition of discrimination on ground of disabilityDivision 1Discrimination to which Part 5 applies

66Criteria for establishing discrimination on ground of disability

For the purposes of this Act, a person discriminates on the ground of disability—
(a)
if he or she treats another unfavourably because of the other's disability, or a past disability or a disability that may exist in the future; or
(b)
if he or she treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and—
(i)
the nature of the requirement is such that a substantially higher proportion of persons who do not have such a disability complies, or is able to comply, with the requirement than of those persons who have such a disability; and
(ii)
the requirement is not reasonable in the circumstances of the case; or
(c)
if he or she treats another unfavourably on the basis of a characteristic that appertains generally to persons who have such a disability, or on the basis of a presumed characteristic that is generally imputed to persons who have such a disability; or
(ca)
if he or she—
(i)
fails to provide a safe and proper means of access to, or use of, a place or facilities for a person who requires special means of access to, or use of, the place or facilities as a consequence of the person's disability; or
(ii)
treats another unfavourably because the other requires special means of access to, or use of, a place or facilities as a consequence of the other's disability,
to the extent that he or she is able to effect the provision of access or use; or
(d)
if, in circumstances where it is unreasonable to do so—
(i)
he or she fails to provide special assistance or equipment required by a person in consequence of the person's disability; or
(ii)
he or she treats another unfavourably because the other requires special assistance or equipment as a consequence of the other's disability; or
(e)
if he or she treats a person with a disability unfavourably because the person possesses, or is accompanied by, an assistance animal, or because of a related matter (whether or not it is his or her normal practice to treat unfavourably a person who possesses, or is accompanied by, an animal of the same species as the assistance animal); or
(f)
if he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs.

Division 2Discrimination against workers

67Discrimination against applicants and employees

(1)
It is unlawful for an employer to discriminate against a person on the ground of disability—
(a)
in determining, or in the course of determining, who should be offered employment; or
(b)
in the terms or conditions on which employment is offered.
(2)
It is unlawful for an employer to discriminate against an employee on the ground of disability—
(a)
in the terms or conditions of employment; or
(b)
by denying or limiting access to opportunities for promotion, transfer or training, or to other benefits connected with employment; or
(c)
by dismissing the employee; or
(d)
by subjecting the employee to other detriment.

68Discrimination against agents and independent contractors

(1)
This section applies to a principal for whom work is done—
1. (a)
  by agents remunerated by commission; or
2. (b)
  by independent contractors engaged under a contract for services.
(2)
It is unlawful for the principal to discriminate against a person on the ground of disability—
1. (a)
  in determining, or in the course of determining, who should be engaged as an agent or independent contractor; or
2. (b)
  in the terms or conditions on which such an engagement is offered.
(3)
It is unlawful for the principal to discriminate against an agent or independent contractor on the ground of disability—
1. (a)
  in the terms or conditions on which the agent or independent contractor is engaged; or
2. (b)
  by denying or limiting access to opportunities for promotion, transfer or training or other benefits connected with the agent's or independent contractor's position; or
3. (c)
  by terminating the engagement; or
4. (d)
  by subjecting the agent or independent contractor to other detriment.

69Discrimination against contract workers

(1)
This section applies to a principal for whom work is done by persons (contract workers) under a contract between the principal and another where the contract workers are employed or engaged by a person other than the principal.
(2)
It is unlawful for a principal to enter into a contract or arrangement with another for work to be performed by contract workers under which a person is to discriminate against a contract worker on the ground of disability.
(3)
It is unlawful for the principal to discriminate against a contract worker on the ground of disability—
(a)
in the terms or conditions on which the contract worker is allowed to work; or
(b)
by not allowing the contract worker to work; or
(c)
by denying or limiting access to a benefit connected with the employment or position concerned; or
(d)
by subjecting the contract worker to other detriment.

70Discrimination within partnerships

(1)
It is unlawful for a firm, or a person promoting the formation of a firm, to discriminate against a person on the ground of disability—
(a)
in determining, or in the course of determining, who should be offered a position as partner in the firm; or
(b)
in the terms or conditions on which that person is offered a position as partner in the firm.
(2)
It is unlawful for a firm to discriminate against a partner on the ground of disability—
(a)
in the terms or conditions of membership of the firm; or
(b)
by denying or limiting access to a benefit arising from membership of the firm; or
(c)
by expelling the partner from the firm; or
(d)
by subjecting the partner to other detriment.

71Exemptions

(1)
This Division does not apply in relation to—
(a)
an employer employing a person for purposes not connected with a business carried on by the employer; or
(b)
a principal engaging a natural person as an independent contractor for purposes not connected with a business carried on by the principal.
(2)
This Division does not apply to discrimination on the ground of disability in relation to employment or engagement if the person suffering from the disability is not, or would not be, able—
(a)
to perform adequately, and without endangering himself or herself or other persons, the work genuinely and reasonably required for the employment or position in question; or
(b)
to respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question.

Division 3Discrimination by other bodies72Discrimination by associations

(1)
It is unlawful for an association to discriminate—
(a)
against an applicant for membership on the ground of disability—
(i)
by refusing or failing to admit the applicant to membership, or to a particular class of membership, of the association; or
(ii)
in the terms on which the applicant is, or may be, admitted to membership, or to a particular class of membership; or
(b)
against a member of the association on the ground of disability—
(i)
by refusing or failing to provide a particular service or benefit to that member; or
(ii)
in the terms on which a particular service or benefit is provided to that member; or
(iii)
by expelling that member from the association or subjecting him or her to other detriment.

73Discrimination by qualifying bodies

(1)
It is unlawful for an authority or body empowered to confer an authorisation or qualification that is needed for, or facilitates, the practice of a profession, or the carrying on or engaging in of a trade or occupation, to discriminate against a person on the ground of disability—
(a)
by refusing or failing to confer or renew that authorisation or qualification; or
(b)
in the terms or conditions on which it confers the authorisation or qualification; or
(c)
by withdrawing the authorisation or qualification, or varying the terms or conditions on which it is held.
(2)
This section does not apply to discrimination against a person on the ground of disability where, in consequence of that disability, the person is not, or would not be, able to practise the profession, or carry on or engage in the trade or occupation, adequately or safely.

Division 4Discrimination in education74Discrimination by educational authorities

(1)
It is unlawful for an educational authority to discriminate against a person on the ground of disability—
(a)
by refusing or failing to accept an application for admission as a student; or
(b)
in the terms or conditions on which it offers to admit the person as a student.
(2)
It is unlawful for an educational authority to discriminate against a student on the ground of disability—
(a)
in the terms or conditions on which it provides the student with education or training; or
(b)
by denying or limiting access to a benefit provided by the authority; or
(c)
by expelling the student; or
(d)
by subjecting the student to other detriment.
(3)
This section does not apply to discrimination on the ground of disability in respect of admission to a school, college or institution established wholly or mainly for students who have a particular disability.

Division 5Discrimination in relation to land, goods, services and accommodation

75Discrimination by person disposing of interest in land

(1)
It is unlawful for a person to discriminate against another on the ground of disability—
1. (a)
  by refusing or failing to dispose of an interest in land to the other person; or
2. (b)
  in the terms or conditions on which an interest in land is offered to the other person.
(2)
This section does not apply to the disposal of an interest in land by way of, or pursuant to, a testamentary disposition or gift.

76Discrimination in provision of goods and services

(1)
It is unlawful for a person who offers or provides—
1. (a)
  goods; or
2. (b)
  services to which this Act applies,

(whether for payment or not) to discriminate against another on the ground of disability—
(c)
by refusing or failing to supply the goods or perform the services; or
(d)
in the terms or conditions on which or the manner in which the goods are supplied or the services are performed.

(1a)
For the purposes of the application of subsection (1) to services comprised of access to or use of a place or facilities that members of the public are permitted to enter or use (see paragraph (a) of the definition of services to which this Act applies), the owner of the place or facilities and the occupier of the place or the place where the facilities are provided will each be taken to offer or provide the services.
(2)
If the nature of a skill varies according to whether it is exercised in relation to persons who have a particular disability or to those who do not have such a disability, a person does not contravene subsection (1) by exercising the skill in relation to only those persons who have a particular disability, or only those who do not have such a disability, in accordance with the person's normal practice.
(3)
This section does not apply to discrimination against a person on the ground of disability in relation to the performance of a service if, in consequence of the disability, that person requires the service to be performed in a special manner and the person performing the service—
1. (a)
  cannot reasonably be expected to perform the service in that manner; or
2. (b)
  cannot reasonably be expected to perform the service in that manner except on more onerous terms than would otherwise apply.

77Discrimination in relation to accommodation

(1)
It is unlawful for a person to discriminate against another on the ground of disability—
(a)
in terms or conditions on which accommodation is offered; or
(b)
by refusing an application for accommodation; or
(c)
by deferring such an application or according the applicant a lower order of precedence on a list of applicants for that accommodation.
(2)
It is unlawful for a person to discriminate against a person for whom accommodation has been provided on the ground of disability—
(a)
in the terms or conditions on which accommodation is provided; or
(b)
by denying or limiting access to a benefit connected with the accommodation; or
(c)
by evicting the person; or
(d)
by subjecting the person to detriment.
(2a)
This section does not apply to discrimination in relation to the provision of accommodation if the person who provides, or proposes to provide, the accommodation, or a near relative of that person, resides, and intends to continue to reside, in the same household as the person requiring the accommodation.

Division 6Discrimination in relation to superannuation78Discrimination in relation to superannuation

(1)
Subject to subsection (2), it is unlawful for a person who provides a superannuation scheme or provident fund to discriminate against a person on the ground of disability—
(a)
by providing a scheme or fund that discriminates or, if the other person were to become a member of the scheme or fund, would discriminate, or require or authorise discrimination, against the other person; or
(b)
in the manner in which the scheme or fund is administered,
except to the extent that—
(c)
the discrimination—
(i)
is based on actuarial or statistical data from a source on which it is reasonable to rely; and
(ii)
is reasonable having regard to the data and other relevant factors; or
(d)
if no such actuarial or statistical data is available, the discrimination is reasonable having regard to other relevant factors.
(2)
Subsection (1) does not apply in relation to a superannuation scheme or provident fund provided for employees—
(a)
to which the employer makes contributions; and
(b)
under which a greater number of the members (not including members who are no longer employed by an employer who participates in the scheme or fund) reside in any one other State or Territory than reside in this State.
(3)
Subject to any order of the Tribunal or a court in proceedings under this Act, nothing in this section has the effect of rendering a superannuation scheme or provident fund, or a provision of such a scheme or fund, void.

Division 7General exemptions from Part 579Exemption in relation to remuneration

This Part does not render unlawful discriminatory rates of salary, wages or other remuneration payable to persons who have disabilities.

79AExemption in relation to infectious diseases

This Part does not render unlawful a discriminatory act if the act—
(a)
is directed towards ensuring that an infectious disease is not spread; and
(b)
is reasonable in all the circumstances.

80Exemption for charities

This Part does not—
(a)
affect a provision in a charitable instrument for conferring benefits wholly or mainly on persons who have a particular disability; or
(b)
render unlawful an act done to give effect to such a provision.

81Exemption in relation to sporting activities

This Part does not render unlawful the exclusion of a person who has a disability from participation in a sporting activity—
(a)
if the activity requires physical or intellectual attributes that the person does not possess; or
(b)
if, in the case of a sporting activity conducted wholly or mainly for persons who have a particular disability, the person's disability is not of that kind.

82Exemption for projects for benefit of persons with particular disability

This Part does not render unlawful an act done for the purpose of carrying out a scheme or undertaking for the benefit of persons who have a particular disability.

84Exemption for unjustifiable hardship

(1)
This Part does not render unlawful discrimination by a person on the ground of disability in relation to the provision of access to or use of a place or facilities if the provision of access or use would impose unjustifiable hardship on the person.
(2)
In determining what constitutes unjustifiable hardship, all relevant circumstances of the particular case are to be taken into account including—
(a)
the nature of the benefit or detriment likely to accrue or be suffered by the persons concerned; and
(b)
the effect of the disability of the person concerned; and
(c)
the financial circumstances and the estimated amount of expenditure required to be made by the person claiming unjustifiable hardship.

85Exemption in relation to insurance

This Part does not render unlawful discrimination on the ground of disability in the terms on which an annuity, life assurance, accident insurance or other form of insurance is offered or may be obtained, if—
(a)
the discrimination—
(i)
is based on actuarial or statistical data from a source on which it is reasonable to rely; and
(ii)
is reasonable having regard to that data and other relevant factors; or
(b)
if no such actuarial or statistical data is available, the discrimination is reasonable having regard to other relevant factors.

Part 5AProhibition of discrimination on ground of age

Division 1Discrimination to which Part 5A applies85ACriteria for establishing discrimination on ground of age

For the purposes of this Act, a person discriminates on the ground of age—
(a)
if he or she treats another unfavourably because of the other's age; or
(b)
if he or she treats another person unfavourably because the other does not comply, or is not able to comply, with a particular requirement and—
(i)
the nature of the requirement is such that a substantially higher proportion of persons of a different age or age group complies, or is able to comply, with the requirement than of those of the other's age or age group; and
(ii)
the requirement is not reasonable in the circumstances of the case; or
(c)
if he or she treats another unfavourably on the basis of a characteristic that appertains generally to persons of the other's age or age group, or on the basis of a presumed characteristic that is generally imputed to persons of that age or age group; or
(d)
if he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs.

Division 2Discrimination against workers

85BDiscrimination against applicants and employees

(1)
It is unlawful for an employer to discriminate against a person on the ground of age—
(a)
in determining, or in the course of determining, who should be offered employment; or
(b)
in the terms or conditions on which employment is offered.
(2)
It is unlawful for an employer to discriminate against an employee on the ground of age—
(a)
in the terms or conditions of employment; or
(b)
by denying or limiting access to opportunities for promotion, transfer or training, or to other benefits connected with employment; or
(c)
by dismissing the employee; or
(d)
by subjecting the employee to other detriment.

85CDiscrimination against agents and independent contractors

(1)
This section applies to a principal for whom work is done—
1. (a)
  by agents remunerated by commission; or
2. (b)
  by independent contractors engaged under a contract for services.
(2)
It is unlawful for the principal to discriminate against a person on the ground of age—
1. (a)
  in determining, or in the course of determining, who should be engaged as an agent or independent contractor; or
2. (b)
  in the terms or conditions on which such an engagement is offered.
(3)
It is unlawful for the principal to discriminate against an agent or independent contractor on the ground of age—
1. (a)
  in the terms or conditions on which the agent or independent contractor is engaged; or
2. (b)
  by denying or limiting access to opportunities for promotion, transfer or training or other benefits connected with the agent's or independent contractor's position; or
3. (c)
  by terminating the engagement; or
4. (d)
  by subjecting the agent or independent contractor to other detriment.

85DDiscrimination against contract workers

(1)
This section applies to a principal for whom work is done by persons (contract workers) under a contract between the principal and another where the contract workers are employed or engaged by a person other than the principal.
(2)
It is unlawful for a principal to enter into a contract or arrangement with another for work to be performed by contract workers under which a person is to discriminate against a contract worker on the ground of age.
(3)
It is unlawful for the principal to discriminate against a contract worker on the ground of age—
(a)
in the terms or conditions on which the contract worker is allowed to work; or
(b)
by not allowing the contract worker to work; or
(c)
by denying or limiting access to a benefit connected with the employment or position concerned; or
(d)
by subjecting the contract worker to other detriment.

85EDiscrimination within partnerships

(1)
It is unlawful for a firm, or a person promoting the formation of a firm, to discriminate against a person on the ground of age—
(a)
in determining, or in the course of determining, who should be offered a position as partner in the firm; or
(b)
in the terms or conditions on which that person is offered a position as partner in the firm.
(2)
It is unlawful for a firm to discriminate against a partner on the ground of age—
(a)
in the terms or conditions of membership of the firm; or
(b)
by denying or limiting access to a benefit arising from membership of the firm; or
(c)
by expelling the partner from the firm; or
(d)
by subjecting the partner to other detriment.

85EANo compulsory retiring age

Despite any Act or law to the contrary, a provision in an industrial or enterprise award, determination or agreement made or approved under the Fair Work Act 1994 that—
(a)
imposes, or requires or authorises an employer to impose, a compulsory retiring age in respect of employment of any kind; or
(b)
requires or authorises an employer to terminate the employment of a person on the basis of the person's age,
is void and of no effect.

85FExemptions

(1)
This Division does not apply in relation to—
(a)
an employer employing a person for purposes not connected with a business carried on by the employer; or
(b)
a principal engaging a natural person as an independent contractor for purposes not connected with a business carried on by the principal.
(2)
This Division does not apply to discrimination on the ground of age in relation to employment or engagement for which there is a genuine occupational requirement that a person be of a particular age, or age group.
(3)
This Division does not apply to discrimination on the ground of age in relation to the employment or engagement of a person if the person is not, or would not be, able—
(a)
to perform adequately, and without endangering himself or herself or other persons, the work genuinely and reasonably required for the employment or position in question; or
(b)
to respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question.
(4)
This Division does not render unlawful—
(a)
acts done in order to comply with the provisions of—
(i)
an award or enterprise agreement under the Fair Work Act 1994; or
(ii)
a fair work instrument under the Fair Work Act 2009 of the Commonwealth; or
(iii)
an award or determination given continuing effect under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; or
(b)
a decision to offer employment only to a young person, or the employment of a young person, where the rate of pay for that employment is a rate less than that applicable to an adult, fixed by or in accordance with the provisions of—
(i)
an award or enterprise agreement under the Fair Work Act 1994; or
(ii)
a fair work instrument under the Fair Work Act 2009 of the Commonwealth; or
(iii)
an award or determination given continuing effect under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth.

Division 3Discrimination by other bodies

85GDiscrimination by associations on ground of age

(1)
It is unlawful for an association to discriminate—
(a)
against an applicant for membership on the ground of age—
(i)
by refusing or failing to admit the applicant to membership, or to a particular class of membership, of the association; or
(ii)
in the terms on which the applicant is, or may be, admitted to membership, or a particular class of membership; or
(b)
against a member of the association on the ground of age—
(i)
by refusing or failing to provide a particular service or benefit to that member; or
(ii)
in the terms on which a particular service or benefit is provided to that member; or
(iii)
by expelling that member from the association or subjecting him or her to other detriment.
(2)
Subsection (1)(a) does not apply to discrimination on the ground of age if the association has, on a genuine and reasonable basis, established different classes of membership for persons of different ages, or age groups.
(3)
Subsection (1)(b)(i) and (ii) do not apply to discrimination on the ground of age if it is reasonable that the association discriminate in relation to the provision of a particular service or benefit to members of a particular age, or age group.
(4)
This section does not apply to an association established wholly or mainly for—
(a)
the promotion of the interests of persons of a particular age group; or
(b)
the organisation or provision of services for persons of a particular age group; or
(c)
the organisation or provision of activities for persons of a particular age group.

85HDiscrimination by qualifying bodies

(1)
It is unlawful for an authority or body empowered to confer an authorisation or qualification that is needed for, or facilitates, the practice of a profession, or the carrying on or engaging in of a trade or occupation, to discriminate against a person on the ground of age—
(a)
by refusing or failing to confer or renew that authorisation or qualification; or
(b)
by withdrawing the authorisation or qualification.
(2)
This section does not apply to discrimination on the ground of age—
(a)
by or on account of the imposition of a reasonable and appropriate minimum age under which an authorisation or qualification will not be conferred; or
(b)
in respect of the terms or conditions on which an authority or body confers or renews an authorisation or qualification.
(3)
This section does not apply to discrimination against a person on the ground of age where, in consequence of his or her age, the person is not, or would not be, able to practise the profession, or carry on or engage in the trade or occupation, adequately or safely.

Division 4Discrimination in education85IDiscrimination by educational authorities

(1)
It is unlawful for an educational authority to discriminate against a person on the ground of age—
(a)
by refusing or failing to accept an application for admission as a student; or
(b)
in the terms or conditions on which it offers to admit the person as a student.
(2)
It is unlawful for an educational authority to discriminate against a student on the ground of age—
(a)
in the terms or conditions on which it provides the student with training or education; or
(b)
by denying or limiting access to a benefit provided by the authority; or
(c)
by expelling the student; or
(d)
by subjecting the student to other detriment.
(3)
This section does not apply to discrimination on the ground of age in respect of the admission of a person to a school, college or institution if the level of education or training sought by the person is provided only for students above a particular age.

Division 5Discrimination in relation to land, goods, services and accommodation

85JDiscrimination by person disposing of an interest in land

It is unlawful for a person to discriminate against another on the ground of age—
(a)
by refusing or failing to dispose of an interest in land to the other person; or
(b)
in the terms or conditions on which an interest in land is offered to the other person.

85KDiscrimination in provision of goods and services

(1)
It is unlawful for a person who offers or provides—
1. (a)
  goods; or
2. (b)
  services to which this Act applies,

(whether for payment or not) to discriminate against another on the ground of age—
(c)
by refusing or failing to supply the goods or to perform the services; or
(d)
in the terms or conditions on which or the manner of which the goods are supplied or the services are performed.

(3)
This section does not apply to discrimination on the ground of age in relation to—
1. (a)
  the charging of a reduced fee, fare or price, or no fee, fare or price, for the benefit of a particular age group if the concession is based on genuine and reasonable grounds; or
2. (b)
  the terms or conditions on which—
  1. (i)
    a ticket is issued; or
  2. (ii)
    admission is allowed to a place,
if those terms or conditions are imposed on a genuine and reasonable basis for the benefit of a particular age group.

85LDiscrimination in relation to accommodation

(1)
It is unlawful for a person to discriminate against another on the ground of age—
(a)
in terms or conditions on which accommodation is offered; or
(b)
by refusing an application for accommodation; or
(c)
by deferring such an application or according the applicant a later order of precedence on a list of applicants for that accommodation.
(3)
It is unlawful for a person to discriminate against a person for whom accommodation has been provided on the ground of age—
(a)
in the terms or conditions on which accommodation is provided; or
(b)
by denying or limiting access to a benefit connected with the accommodation; or
(c)
by evicting the person; or
(d)
by subjecting the person to other detriment.
(4)
This section does not apply to discrimination on the ground of age in relation to the provision of accommodation by an organisation that does not seek to secure a pecuniary profit for its members, if the accommodation is provided only for persons of a particular age group.
(5)
This section does not apply—
(a)
in relation to the provision of accommodation for recreational purposes if the use of that accommodation is limited, on a genuine and reasonable basis, to persons of a particular age group; or
(b)
in relation to the provision of accommodation if the person who provides, or proposes to provide, the accommodation, or a near relative of that person, resides, and intends to continue to reside, in the same household as the person requiring the accommodation.

Division 6General exemptions from Part 5A85MLegal capacity of children

Nothing in this Part derogates from the operation of a law that relates to the juristic capacity of children.

85NCharities

This Part does not—
(a)
affect a provision in a charitable instrument for conferring benefits wholly or mainly on persons of a particular age, or age group; or
(b)
render unlawful an act done to give effect to such a provision.

85OTestamentary dispositions or gifts

This Part does not apply to the disposal of an interest in land or goods, or the provision of services, by way of, or pursuant to, a testamentary disposition or gift.

85PProjects for the benefit of persons of a particular age group

This Part does not render unlawful an act done for the purpose of carrying out a scheme or undertaking for the benefit of persons of a particular age or age group in order to meet a need that arises out of, or that is related to, the age or ages of those persons.

85QSport

This Part does not render unlawful the exclusion of persons of particular age groups from participation in a competitive sporting activity.

85RInsurance etc

(1)
This Part does not render unlawful discrimination on the ground of age—
(a)
in the terms on which an annuity or life insurance is offered or may be obtained; or
(b)
—
(i)
in the terms on which a person may become a member of a superannuation scheme or provident fund; or
(ii)
in the manner in which a superannuation scheme or provident fund may be administered.
(2)
This Part does not render unlawful discrimination on the ground of age in the terms on which accident insurance or any other form of insurance (other than life insurance) is offered or may be obtained where the discrimination—
(a)
is based on actuarial or statistical data from a source on which it is reasonable to rely; and
(b)
is reasonable having regard to the data.

Part 5BProhibition of discrimination on other grounds

Division 1Discrimination to which Part 5B applies85TCriteria for establishing discrimination on other grounds

(1)
In this Part—

discriminate means—
(a)
discriminate on the ground of marital or domestic partnership status; or
(b)
discriminate on the ground of the identity of a spouse or domestic partner; or
(c)
discriminate on the ground of pregnancy; or
(d)
discriminate on the ground of association with a child; or
(e)
discriminate on the ground of caring responsibilities; or
(f)
discriminate on the ground of religious appearance or dress; or
(g)
discriminate on the ground of being, or having been, subjected to domestic abuse,
and discrimination has a corresponding meaning.

(2)
For the purposes of this Act, a person discriminates on the ground of marital or domestic partnership status—
1. (a)
  if he or she treats another unfavourably because of the other's marital or domestic partnership status or past or proposed marital or domestic partnership status; or
2. (b)
  if he or she treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and—
  1. (i)
    the nature of the requirement is such that a substantially higher proportion of persons of a different marital or domestic partnership status comply, or are able to comply, with the requirement than of those of the other's marital or domestic partnership status; and
  2. (ii)
    the requirement is not reasonable in the circumstances of the case; or
3. (c)
  if he or she treats another unfavourably on the basis of a characteristic that appertains generally to persons of that marital or domestic partnership status, or on the basis of a presumed characteristic that is generally imputed to persons of that marital or domestic partnership status; or
4. (d)
  if he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs.
(3)
For the purposes of this Act, a person discriminates on the ground of the identity of a spouse or domestic partner if he or she treats another unfavourably because of the identity of the other's spouse or domestic partner, or former or proposed spouse or domestic partner.
(4)
For the purposes of this Act, a person discriminates on the ground of pregnancy—
1. (a)
  if he or she treats a woman unfavourably because of her pregnancy or potential pregnancy; or
2. (b)
  if he or she treats a pregnant woman unfavourably because she does not comply, or is not able to comply, with a particular requirement and—
  1. (i)
    the nature of the requirement is such that a substantially higher proportion of women who are not pregnant comply, or are able to comply, with the requirement than of those who are pregnant; and
  2. (ii)
    the requirement is not reasonable in the circumstances of the case; or
3. (c)
  if he or she treats a pregnant woman unfavourably on the basis of a characteristic that appertains generally to pregnant women, or on the basis of a presumed characteristic that is generally imputed to pregnant women; or
4. (d)
  if he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs.
(5)
For the purposes of this Act, a person discriminates on the ground of association with a child—
1. (a)
  if he or she treats another unfavourably because the person is breast feeding or bottle feeding an infant, or proposes to do so, or is, or proposes to be, accompanied by a child; or
2. (b)
  if he or she treats another unfavourably because a relative or associate of the other is breast feeding or bottle feeding an infant, or proposes to do so, or is, or proposes to be, accompanied by a child.
(6)
For the purposes of this Act, a person discriminates on the ground of caring responsibilities—
1. (a)
  if he or she treats another unfavourably because of the other's caring responsibilities or proposed caring responsibilities; or
2. (b)
  if he or she treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and—
  1. (i)
    the nature of the requirement is such that a substantially higher proportion of persons without caring responsibilities comply, or are able to comply, with the requirement than of those with caring responsibilities; and

amended by 35/2016 s 21(3)	8.9.2016
amended by 67/2016 Sch 1 cl 9	1.8.2017
s 34 before substitution by 34/2009
s 34(3)	substituted by 68/1989 s 13	31.3.1990
s 34	substituted by 34/2009 Sch 1 cl 19	2.10.2009
s 34(2)	amended by 35/2016 s 22(1), (2)	8.9.2016
amended by 67/2016 Sch 1 cl 10	1.8.2017
s 34(3)	amended by 35/2016 s 22(3)	8.9.2016
amended by 67/2016 Sch 1 cl 10	1.8.2017
s 34(4)	amended by 35/2016 s 22(4)	8.9.2016
Pt 3 Div 3
s 35
s 35(1)	amended by 68/1989 s 14	31.3.1990
amended by 68/1989 Sch	1.8.1990
amended by 34/2009 s 20(1)—(3), Sch 1	2.10.2009
amended by 35/2016 s 23(1), (2)	8.9.2016
amended by 67/2016 Sch 1 cl 11(1)	1.8.2017
s 35(2)	amended by 34/2009 Sch 1	2.10.2009
amended by 35/2016 s 23(3)—(5)	8.9.2016
s 35(2a)	inserted by 34/2009 s 20(4)	2.10.2009
amended by 35/2016 s 23(6), (7)	8.9.2016
amended by 67/2016 Sch 1 cl 11(2)	1.8.2017
s 35(2b)	inserted by 34/2009 s 20(4)	2.10.2009
amended by 35/2016 s 23(8)	8.9.2016
amended by 67/2016 Sch 1 cl 11(3)	1.8.2017
s 35(3)	amended by 68/1989 Sch	1.8.1990
amended by 34/2009 Sch 1	2.10.2009
s 35A	inserted by 68/1989 s 15	31.3.1990
deleted by 34/2009 s 21	2.10.2009
s 36	amended by 34/2009 Sch 1	2.10.2009
amended by 35/2016 s 24	8.9.2016
amended by 67/2016 Sch 1 cl 12	1.8.2017
Pt 3 Div 4
s 37
s 37(1)	amended by 68/1989 Sch	1.8.1990
amended by 34/2009 Sch 1	2.10.2009
amended by 35/2016 s 25(1)	8.9.2016
amended by 67/2016 Sch 1 cl 13	1.8.2017
s 37(2)	amended by 68/1989 Sch	1.8.1990
amended by 34/2009 Sch 1	2.10.2009
amended by 35/2016 s 25(2)	8.9.2016
amended by 67/2016 Sch 1 cl 13	1.8.2017
s 37(3)	amended by 34/2009 Sch 1	2.10.2009
Pt 3 Div 5
s 38
s 38(1)	amended by 34/2009 Sch 1	2.10.2009
amended by 35/2016 s 26	8.9.2016
amended by 67/2016 Sch 1 cl 14	1.8.2017
s 39
s 39(1)	amended by 68/1989 s 16	31.3.1990
amended by 68/1989 Sch	1.8.1990
amended by 34/2009 Sch 1	2.10.2009
amended by 35/2016 s 27	8.9.2016
amended by 67/2016 Sch 1 cl 15	1.8.2017
s 39(2)	amended by 68/1989 Sch	1.8.1990
amended by 34/2009 Sch 1	2.10.2009
s 40
s 40(1)	amended by 68/1989 Sch	1.8.1990
amended by 34/2009 Sch 1	2.10.2009
amended by 35/2016 s 28(1)	8.9.2016
amended by 67/2016 Sch 1 cl 16	1.8.2017
s 40(2)	amended by 68/1989 Sch	1.8.1990
amended by 34/2009 Sch 1	2.10.2009
amended by 35/2016 s 28(2)	8.9.2016
amended by 67/2016 Sch 1 cl 16	1.8.2017
s 40(3)	amended by 68/1989 Sch	1.8.1990
substituted by 34/2009 s 22(1)	2.10.2009
s 40(4)	amended by 34/2009 s 22(2), (3), Sch 1	2.10.2009
Pt 3 Div 6 before deletion by 34/2009
s 41
de facto spouse	amended by 68/1989 Sch	1.8.1990
s 42
s 42(1) and (3)	amended by 68/1989 Sch	1.8.1990
s 43	amended by 68/1989 Sch	1.8.1990
Pt 3 Div 6	deleted by 34/2009 Sch 1	2.10.2009
Pt 3 Div 7
heading	amended by 34/2009 Sch 1	2.10.2009
s 45	amended by 34/2009 s 23(1), Sch 1	2.10.2009
(a)(iii) and (iv) deleted by 34/2009 s 23(2)	2.10.2009
amended by 35/2016 s 29(1), (2)	8.9.2016
amended by 67/2016 Sch 1 cl 17	1.8.2017
s 46	deleted by 34/2009 s 24	2.10.2009
s 47	amended by 34/2009 s 25	2.10.2009
amended by 35/2016 s 30(1), (2)	8.9.2016
amended by 67/2016 Sch 1 cl 18	1.8.2017
s 48	substituted by 42/2013 s 3	3.10.2013
s 49	amended by 34/2009 Sch 1	2.10.2009
s 50
s 50(1)	amended by 34/2009 s 26(1)	2.10.2009
s 50(2)	amended by 43/2006 s 96	1.6.2007
deleted by 34/2009 s 26(2)	2.10.2009
Pt 4
heading	amended by 34/2009 Sch 1	2.10.2009
Pt 4 Div 1
heading	amended by 34/2009 Sch 1	2.10.2009
s 51	substituted by 68/1989 Sch	1.8.1990
amended by 34/2009 s 27, Sch 1	2.10.2009
Pt 4 Div 2
heading	substituted by 34/2009 s 28	2.10.2009
s 52
s 52(1)	amended by 68/1989 Sch	1.8.1990
s 52(2)	amended by 68/1989 Sch	1.8.1990
amended by 34/2009 Sch 1	2.10.2009
s 53
s 53(1)	substituted by 34/2009 s 29(1)	2.10.2009
s 53(2)	amended by 68/1989 Sch	1.8.1990
amended by 34/2009 s 29(2)	2.10.2009
s 53(3)	amended by 68/1989 Sch	1.8.1990
amended by 34/2009 s 29(3), (4), Sch 1	2.10.2009
s 54
s 54(1)	substituted by 34/2009 s 30(1)	2.10.2009
s 54(2)	amended by 68/1989 Sch	1.8.1990
substituted by 34/2009 s 30(1)	2.10.2009
s 54(3)	amended by 68/1989 Sch	1.8.1990
amended by 34/2009 s 30(2), Sch 1	2.10.2009
s 55
s 55(1) and (2)	amended by 68/1989 Sch	1.8.1990
amended by 34/2009 Sch 1	2.10.2009
s 56
s 56(1)	substituted by 34/2009 s 31(1)	2.10.2009
s 56(2)	amended by 34/2009 s 31(2)	2.10.2009
Pt 4 Div 3
s 57
s 57(1)	amended by 68/1989 s 17	31.3.1990
amended by 68/1989 Sch	1.8.1990
amended by 34/2009 Sch 1	2.10.2009
s 58
s 58(1)	s 58 amended by 68/1989 Sch	1.8.1990
s 58 redesignated as s 58(1) by 25/1990 s 5	1.6.1991
amended by 34/2009 Sch 1	2.10.2009
s 58(2)	inserted by 25/1990 s 5	1.6.1991
Pt 4 Div 4
s 59
s 59(1)	amended by 68/1989 Sch	1.8.1990
s 59(2)	amended by 68/1989 Sch	1.8.1990
amended by 34/2009 Sch 1	2.10.2009
Pt 4 Div 5
s 60
s 60(1)	amended by 68/1989 Sch	1.8.1990
s 61	amended by 68/1989 s 18	31.3.1990
amended by 68/1989 Sch	1.8.1990
s 62
s 62(1) and (2)	amended by 68/1989 Sch	1.8.1990
amended by 34/2009 Sch 1	2.10.2009
s 62(2a)	inserted by 34/2009 s 32	2.10.2009
Pt 4 Div 6
s 63
s 63(1)	amended by 68/1989 Sch	1.8.1990
Pt 4 Div 7
heading	amended by 34/2009 Sch 1	2.10.2009
s 64	amended by 34/2009 Sch 1	2.10.2009
Pt 5
heading	amended by 68/1989 s 19	31.3.1990
amended by 34/2009 s 33	2.10.2009
Pt 5 Div 1
heading	amended by 34/2009 Sch 1	2.10.2009
s 66	substituted by 68/1989 s 20	31.3.1990
amended by 34/2009 s 34(1)—(5)	2.10.2009
Pt 5 Div 2
heading	substituted by 34/2009 s 35	2.10.2009
s 67
s 67(1)	amended by 68/1989 s 21	31.3.1990
amended by 68/1989 Sch	1.8.1990
amended by 34/2009 s 36	2.10.2009
s 67(2)	amended by 68/1989 s 21	31.3.1990
amended by 68/1989 Sch	1.8.1990
amended by 34/2009 s 36, Sch 1	2.10.2009
s 68
s 68(1)	substituted by 34/2009 s 37(2)	2.10.2009
s 68(2)	amended by 68/1989 s 21	31.3.1990
amended by 68/1989 Sch	1.8.1990
amended by 34/2009 s 37(1), (3)	2.10.2009
s 68(3)	amended by 68/1989 s 21	31.3.1990
amended by 68/1989 Sch	1.8.1990
amended by 34/2009 s 37(1), (4), (5), Sch 1	2.10.2009
s 69
s 69(1)	substituted by 34/2009 s 38(1)	2.10.2009
s 69(2)	amended by 68/1989 s 21	31.3.1990
substituted by 34/2009 s 38(1)	2.10.2009
s 69(3)	amended by 68/1989 s 21	31.3.1990
amended by 68/1989 Sch	1.8.1990
amended by 34/2009 s 38(2), (3), Sch 1	2.10.2009
s 70
s 70(1)	amended by 68/1989 s 21	31.3.1990
amended by 34/2009 s 39, Sch 1	2.10.2009
s 70(2)	amended by 68/1989 s 21	31.3.1990
amended by 68/1989 Sch	1.8.1990
amended by 34/2009 s 39, Sch 1	2.10.2009
s 71
s 71(1)	substituted by 34/2009 s 40(1)	2.10.2009
s 71(2)	amended by 68/1989 s 22	31.3.1990
amended by 68/1989 Sch	1.8.1990
amended by 34/2009 s 40(2), (3)	2.10.2009
Pt 5 Div 3
s 72
s 72(1)	amended by 68/1989 s 23	31.3.1990
amended by 68/1989 Sch	1.8.1990
amended by 34/2009 s 41, Sch 1	2.10.2009
s 73
s 73(1)	amended by 68/1989 s 24	31.3.1990
amended by 34/2009 s 42, Sch 1	2.10.2009
s 73(2)	amended by 68/1989 s 24	31.3.1990
amended by 68/1989 Sch	1.8.1990
amended by 34/2009 s 42	2.10.2009
Pt 5 Div 4
s 74
s 74(1)	amended by 68/1989 s 25(a)	31.3.1990
amended by 68/1989 Sch	1.8.1990
amended by 34/2009 s 43	2.10.2009
s 74(2)	amended by 68/1989 s 25(b)	31.3.1990
amended by 68/1989 Sch	1.8.1990
amended by 34/2009 s 43, Sch 1	2.10.2009
s 74(3)	amended by 68/1989 s 25(c)	31.3.1990
amended by 34/2009 s 43	2.10.2009
Pt 5 Div 5
s 75
s 75(1)	amended by 68/1989 s 26	31.3.1990
amended by 34/2009 s 44	2.10.2009
s 76
s 76(1)	amended by 68/1989 s 27(a), (b)	31.3.1990
amended by 68/1989 Sch	1.8.1990
amended by 34/2009 s 45(2)	2.10.2009
s 76(1a)	inserted by 34/2009 s 45(3)	2.10.2009
s 76(2)	amended by 68/1989 s 27(c)	31.3.1990
amended by 68/1989 Sch	1.8.1990
amended by 34/2009 s 45(1), (2), Sch 1	2.10.2009
s 76(3)	substituted by 68/1989 Sch	1.8.1990
amended by 34/2009 s 45(2), Sch 1	2.10.2009
s 77
s 77(1) and (2)	amended by 68/1989 s 28	31.3.1990
amended by 68/1989 Sch	1.8.1990
amended by 34/2009 s 46(1), Sch 1	2.10.2009
s 77(2a)	inserted by 34/2009 s 46(2)	2.10.2009
Pt 5 Div 6
s 78
s 78(1)	amended by 68/1989 s 29	31.3.1990
amended by 68/1989 Sch	1.8.1990
amended by 34/2009 s 47, Sch 1	2.10.2009
Pt 5 Div 7
heading	amended by 34/2009 Sch 1	2.10.2009
s 79	amended by 68/1989 s 30	31.3.1990
amended by 34/2009 s 48	2.10.2009
s 79A	inserted by 34/2009 s 49	2.10.2009
s 80	amended by 68/1989 s 31	31.3.1990
amended by 34/2009 s 50, Sch 1	2.10.2009
s 81	substituted by 68/1989 s 32	31.3.1990
amended by 34/2009 s 51(1), (2)	2.10.2009
s 82	amended by 68/1989 s 33	31.3.1990
amended by 34/2009 s 52	2.10.2009
s 83	deleted by 68/1989 s 34	31.3.1990
s 84	amended by 68/1989 Sch	1.8.1990
substituted by 34/2009 s 53	2.10.2009
s 85	amended by 68/1989 s 35	31.3.1990
amended by 34/2009 s 54, Sch 1	2.10.2009
Pt 5A	inserted by 25/1990 s 6	1.6.1991
heading	amended by 34/2009 Sch 1	2.10.2009
Pt 5A Div 1
heading	amended by 34/2009 Sch 1	2.10.2009
s 85A	amended by 34/2009 s 55, Sch 1	2.10.2009
Pt 5A Div 2
heading	substituted by 34/2009 s 56	2.10.2009
s 85B
s 85B(2)	amended by 34/2009 Sch 1	2.10.2009
s 85C
s 85C(1)	substituted by 34/2009 s 57(1)	2.10.2009
s 85C(2)	amended by 34/2009 s 57(2)	2.10.2009
s 85C(3)	amended by 34/2009 s 57(3), (4), Sch 1	2.10.2009
s 85D
s 85D(1) and (2)	substituted by 34/2009 s 58(1)	2.10.2009
s 85D(3)	amended by 34/2009 s 58(2), Sch 1	2.10.2009
s 85E
s 85E(1) and (2)	amended by 34/2009 Sch 1	2.10.2009
s 85EA	inserted by 34/2009 Sch 1	2.10.2009
s 85F
s 85F(1)	substituted by 34/2009 s 59(1)	2.10.2009
s 85F(2)	amended by 34/2009 s 59(2)	2.10.2009
s 85F(3)	amended by 34/2009 s 59(3)	2.10.2009
s 85F(4)	substituted by 56/1992 s 2	29.10.1992
amended by 34/2009 Sch 1	2.10.2009
substituted by 58/2009 s 5	1.1.2010
s 85F(4a)	inserted by 75/1993 s 12	1.1.1994
deleted by 34/2009 Sch 1	2.10.2009
s 85F(5)	expired: s 85F(6)—omitted under Legislation Revision and Publication Act 2002	(31.12.1993)
s 85F(6)	amended by 35/1993 s 2	13.5.1993
deleted by 34/2009 Sch 1	2.10.2009
Pt 5A Div 3
s 85G
s 85G(1)—(3)	amended by 34/2009 Sch 1	2.10.2009
Pt 5A Div 4
s 85I
s 85I(2) and (3)	amended by 34/2009 Sch 1	2.10.2009
Pt 5A Div 5
s 85K
s 85K(2)	deleted by 34/2009 s 60(1)	2.10.2009
s 85K(3)	amended by 34/2009 s 60(2), (3), Sch 1	2.10.2009
s 85L
s 85L(1)	amended by 34/2009 Sch 1	2.10.2009
s 85L(2)	deleted by 34/2009 s 61(1)	2.10.2009
s 85L(3) and (4)	amended by 34/2009 Sch 1	2.10.2009
s 85L(5)	amended by 34/2009 s 61(2), Sch 1	2.10.2009
(c) deleted by 34/2009 s 61(2)	2.10.2009
Pt 5A Div 6
heading	amended by 34/2009 Sch 1	2.10.2009
s 85N	amended by 34/2009 Sch 1	2.10.2009
Pt 5A Div 7	deleted by 34/2009 Sch 1	2.10.2009
Pt 5B	inserted by 34/2009 s 62	2.10.2009
s 85T
s 85T(1)
discriminate	amended by 18/2023 s 4(1)	1.9.2023
s 85T(8)	inserted by 18/2023 s 4(2)	1.9.2023
s 85U	amended by 18/2023 s 5	1.9.2023
s 85Z
s 85Z(2)	amended by 35/2016 s 31	8.9.2016
s 85ZA	amended by 18/2023 s 6	1.9.2023
s 85ZB
s 85ZB(2)	amended by 18/2023 s 7	1.9.2023
s 85ZD	amended by 18/2023 s 8	1.9.2023
s 85ZF
s 85ZF(1)	amended by 18/2023 s 9	1.9.2023
s 85ZG
s 85ZG(1)	amended by 18/2023 s 10	1.9.2023
s 85ZH
s 85ZH(1)	amended by 18/2023 s 11(1)	1.9.2023
s 85ZH(6)	inserted by 18/2023 s 11(2)	1.9.2023
s 85ZI	amended by 18/2023 s 12	1.9.2023
s 85ZK	amended by 18/2023 s 13(1), (2)	1.9.2023
s 85ZO	inserted by 18/2023 s 14	1.9.2023
Pt 6
s 86	substituted by 68/1989 Sch	1.8.1990
s 86(2)	amended by 34/2009 Sch 1	2.10.2009
s 87
s 87(1) and (2)	substituted by 68/1989 s 36(a)	31.3.1990
substituted by 34/2009 s 63(1)	2.10.2009
s 87(3)	substituted by 34/2009 s 63(1)	2.10.2009
s 87(4)	amended by 68/1989 Sch	1.8.1990
deleted by 34/2009 s 63(1)	2.10.2009
s 87(5)	deleted by 34/2009 s 63(1)	2.10.2009
s 87(6aa)	inserted by 34/2009 s 63(2)	2.10.2009
s 87(6a)	inserted by 47/1997 s 4	20.4.1998
amended by 36/2020 s 3(1)	22.10.2020
s 87(6b)	inserted by 47/1997 s 4	20.4.1998
amended by 34/2015 Sch 1 cl 5	5.12.2016
s 87(6c)	inserted by 47/1997 s 4	20.4.1998
amended by 36/2020 s 3(2)	22.10.2020
s 87(6d)	inserted by 47/1997 s 4	20.4.1998
s 87(6e)	inserted by 47/1997 s 4	20.4.1998
amended by 26/2021 s 198	20.9.2021
s 87(6f) and (6g)	inserted by 34/2009 s 63(3)	2.10.2009
s 87(7)	substituted by 68/1989 s 36(b)	31.3.1990
substituted by 34/2009 s 63(4)	2.10.2009
s 87(8)	substituted by 34/2009 s 63(4)	2.10.2009
s 87(9)	amended by 68/1989 Sch	1.8.1990
substituted by 34/2009 s 63(4)	2.10.2009
s 87(10)	amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
deleted by 34/2009 s 63(4)	2.10.2009
s 87(11)	substituted by 68/1989 Sch	1.8.1990
deleted by 34/2009 s 63(4)	2.10.2009
ss 87A and 87B	inserted by 34/2009 s 64	2.10.2009
s 88	amended by 68/1989 Sch	1.8.1990
amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
substituted by 34/2009 s 64	2.10.2009
s 88A	inserted by 34/2009 s 64	2.10.2009
s 89	amended by 68/1989 Sch	1.8.1990
amended by 34/2009 Sch 1	2.10.2009
s 90	amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
amended by 34/2009 Sch 1	2.10.2009
s 91 before substitution by 34/2009
s 91(1) and (2)	amended by 68/1989 Sch	1.8.1990
s 91(3)	amended by 68/1989 Sch	1.8.1990
amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
s 91(4)	amended by 68/1989 Sch	1.8.1990
s 91	substituted by 34/2009 s 65	2.10.2009
Pt 6A	inserted by 67/2016 Sch 1 cl 19	1.8.2017
Pt 7
s 92
s 92(1)	amended by 34/2009 Sch 1	2.10.2009
s 92(2) and (4)	amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
amended by 34/2009 Sch 1	2.10.2009
s 92(6)	amended by 34/2009 Sch 1	2.10.2009
s 92(7)	amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
s 92(9)	inserted by 14/2019 s 79	2.9.2019
Pt 8
heading	amended by 34/2009 Sch 1	2.10.2009
Pt 8 Div 1
heading	amended by 68/1989 s 37	31.3.1990
substituted by 34/2009 s 66	2.10.2009
s 93
s 93(1)	substituted by 68/1989 s 38	31.3.1990
amended by 34/2009 s 67(1), Sch 1	2.10.2009
s 93(1a)	inserted by 68/1989 s 38	31.3.1990
s 93(1b)	s 93(1ab) inserted by 68/1989 s 38	31.3.1990
s 93(1ab) redesignated as s 93(1b) by 23/1990 s 3(1) (Sch 4)	1.8.1990
s 93(1c)	inserted by 68/1989 s 38	31.3.1990
s 93(2)	amended by 34/2009 s 67(2), (3), Sch 1	2.10.2009
s 93(2a)—(2c)	inserted by 34/2009 s 67(4)	2.10.2009
s 93(3)	amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
amended by 34/2009 s 67(5), Sch 1	2.10.2009
s 93(4)	inserted by 36/2020 s 4	22.10.2020
s 93AA	inserted by 47/1997 s 5	20.4.1998
s 93AA(1)	amended by 36/2020 s 5(1)	22.10.2020
s 93AA(3)	deleted by 36/2020 s 5(2)	22.10.2020
s 93AA(6) and (7)	deleted by 34/2009 Sch 1	2.10.2009
s 93A	inserted by 68/1989 s 39	31.3.1990
s 93A(3)	inserted by 47/1997 s 6	20.4.1998
s 94
s 94(1)	substituted by 68/1989 s 40	31.3.1990
s 94(2)	substituted by 34/2009 s 68(1)	2.10.2009
s 94(2a) and (2b)	inserted by 34/2009 s 68(1)	2.10.2009
s 94(3)	amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
amended by 34/2009 s 68(2), (3)	2.10.2009
s 94(4)	amended by 68/1989 Sch	1.8.1990
substituted by 34/2009 s 68(4)	2.10.2009
s 94(5)	amended by 68/1989 Sch	1.8.1990
amended by 34/2009 Sch 1	2.10.2009
s 94(6)	amended by 34/2009 Sch 1	2.10.2009
s 94(7)	inserted by 47/1997 s 7	20.4.1998
amended by 34/2009 Sch 1	2.10.2009
s 95 before substitution by 34/2009
s 95(1)	amended by 68/1989 Sch	1.8.1990
s 95(3)	amended by 68/1989 s 41(a)	31.3.1990
amended by 68/1989 Sch	1.8.1990
amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
s 95(4)	amended by 68/1989 Sch	1.8.1990
s 95(5) and (7)	amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
s 95(8)	amended by 68/1989 s 41(b)—(d)	31.3.1990
amended by 68/1989 Sch	1.8.1990
amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
s 95(8a)	inserted by 68/1989 s 41(e)	31.3.1990
s 95(9)	substituted by 68/1989 Sch	1.8.1990
s 95	substituted by 34/2009 s 69	2.10.2009
s 95A	inserted by 34/2009 s 69	2.10.2009
s 95A(1)	amended by 18/2023 s 15(1)	1.9.2023
s 95A(4) and (5)	inserted by 18/2023 s 15(2)	1.9.2023
s 95B
s 95B(1)	s 95B inserted by 34/2009 s 69	2.10.2009
s 95B amended by 63/2016 s 95	1.7.2017
s 95B redesignated as s 95B(1) by 14/2019 s 80	2.9.2019
s 95B(2) and (3)	inserted by 14/2019 s 80	2.9.2019
ss 95C and 95D	inserted by 34/2009 s 69	2.10.2009
s 96
s 96(1)	substituted by 68/1989 s 42(a)	31.3.1990
(d) deleted by 25/1990 s 7(a)	24.5.1990
amended by 34/2009 s 70(1), (2), Sch 1	2.10.2009
s 96(2)	substituted by 25/1990 s 7(b)	24.5.1990
amended by 34/2009 Sch 1	2.10.2009
s 96(3)	amended by 68/1989 s 42(b)	31.3.1990
amended by 68/1989 Sch	1.8.1990
s 96(3a) and (3b)	inserted by 34/2009 s 70(3)	2.10.2009
s 96(4)	amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
amended by 34/2009 s 70(4)	2.10.2009
deleted by 14/2019 s 81	2.9.2019
s 96(5)	amended by 68/1989 Sch	1.8.1990
amended by 34/2009 Sch 1	2.10.2009
deleted by 14/2019 s 81	2.9.2019
s 96(6)	inserted by 34/2009 s 70(5)	2.10.2009
s 96A	inserted by 34/2009 s 71	2.10.2009
Pt 8 Div 2
heading	substituted by 34/2009 s 72	2.10.2009
substituted by 63/2016 s 96	1.7.2017
substituted by 14/2019 s 82	2.9.2019
s 96B	inserted by 34/2009 s 73	2.10.2009
s 96B(1)	amended by 14/2019 s 83(1)	2.9.2019
s 96B(3)	deleted by 14/2019 s 83(2)

2.9.2019
s 96C	inserted by 14/2019 s 84	2.9.2019
s 97	amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
amended by 34/2009 Sch 1	2.10.2009
s 98 before deletion by 63/2016
s 98(1)	amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
amended by 34/2009 Sch 1	2.10.2009
s 98(2)	amended by 34/2009 Sch 1	2.10.2009
s 98(3) and (4)	amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
s 98(5)	amended by 34/2009 Sch 1	2.10.2009
s 98	deleted by 63/2016 s 97	1.7.2017
ss 98—98C	inserted by 14/2019 s 85	2.9.2019
Pt 9
s 99	amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
s 100
s 100(1)	amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
amended by 34/2009 Sch 1	2.10.2009
amended by 14/2019 s 86(1)	2.9.2019
s 100(2)	amended by 68/1989 Sch	1.8.1990
amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
amended by 34/2009 Sch 1	2.10.2009
substituted by 58/2009 s 6(1)	1.1.2010
s 100(3)	amended by 68/1989 s 43	31.3.1990
amended by 25/1990 s 8(a), (b)	1.6.1991
amended by 34/2009 s 74(1), Sch 1	2.10.2009
amended by 58/2009 s 6(2)	1.1.2010
s 100(4)	amended by 68/1989 Sch	1.8.1990
amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
amended by 34/2009 Sch 1	2.10.2009
s 100(5)	amended by 68/1989 s 43	31.3.1990
amended by 25/1990 s 8(c), (d)	1.6.1991
amended by 34/2009 s 74(2), Sch 1	2.10.2009
s 100(6)	inserted by 34/2009 s 74(3)	2.10.2009
substituted by 63/2016 s 98	1.7.2017
amended by 14/2019 s 86(2)	2.9.2019
s 101 before deletion by 34/2009
s 101(1)	amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
s 101(2)	substituted by 68/1989 Sch	1.8.1990
s 101(5)	amended by 68/1989 Sch	1.8.1990
amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
s 101(6) and (7)	amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
s 101	deleted by 34/2009 Sch 1	2.10.2009
s 102	amended by 68/1989 Sch	1.8.1990
amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
amended by 34/2009 s 75	2.10.2009
s 103
s 103(1)	amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
amended by 34/2009 s 76	2.10.2009
s 103(2)	substituted by 68/1989 Sch	1.8.1990
s 104	substituted by 23/1990 s 3(1) (Sch 4)	1.8.1990
substituted by 34/2009 s 77	2.10.2009
s 105	deleted by 16/2017 Sch 1 cl 2	1.7.2017
s 106
s 106(1)	amended by 34/2009 s 78(1)	2.10.2009
s 106(2)	amended by 23/1990 s 3(1) (Sch 4)	1.8.1990
amended by 34/2009 s 78(2), Sch 1	2.10.2009
Sch 1	inserted by 63/2016 s 99	1.7.2017
deleted by 14/2019 s 87	2.9.2019

Transitional etc provisions associated with Act or amendments

Statutes Amendment (South Australian Employment Tribunal) Act 2016 as amended by South Australian Employment Tribunal (Miscellaneous) Amendment Act 2017, Sch 1

100Transitional provisions

(1)
In this section—
principal Act means the Equal Opportunity Act 1984;
relevant day means the day on which this Part comes into operation;
SAET means the South Australian Employment Tribunal;
Tribunal means the Equal Opportunity Tribunal established under the Equal Opportunity Act 1984.
(2)
The Tribunal is dissolved by force of this subsection (and so the commencement of this subsection brings to an end the appointment of a person as a member of the Tribunal).
(3)
No right of action arises, and no compensation is payable, in respect of an appointment coming to an end by virtue of the operation of subsection (2).
(4)
A decision, direction or order of the Tribunal under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision, direction of order of SAET.
(5)
A right to take action with respect to any matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the Tribunal under the principal Act, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before SAET.
(6)
Any proceedings before the Tribunal under the principal Act immediately before the relevant day will, subject to such directions as the President of SAET thinks fit, be transferred to SAET where they may proceed as if they had been commenced before SAET.
(7)
SAET may—
(a)
receive in evidence any transcript of evidence in proceedings before the Tribunal, and draw any conclusions of fact from that evidence that appear proper; and
(b)
adopt any findings or determinations of the Tribunal that may be relevant to proceedings before SAET; and
(c)
adopt or make any decision (including a decision in the nature of a determination), direction or order in relation to proceedings before the Tribunal before the relevant day (including so as to make a decision or determination, or a direction or order, in relation to proceedings fully heard before the relevant day); and
(d)
take other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.

Statutes Amendment (SACAT) Act 2019, Pt 11

88Transitional provisions

(1)
Any proceedings before the South Australian Employment Tribunal under the principal Act immediately before the relevant day that have proceeded to a listing will, unless the President of the Tribunal and the President of the South Australian Employment Tribunal otherwise agree, continue and be completed in all respects under the principal Act as if this Part had not come into operation.
(2)
A decision arising out of any proceedings under subsection (1) will take effect as if it were a decision of the South Australian Employment Tribunal under the principal Act (including for the purposes of exercising any rights of review or appeal).
(3)
In relation to proceedings before the South Australian Employment Tribunal under the principal Act immediately before the relevant day that have not proceeded to a listing, the proceedings will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before the Tribunal.
(4)
Without limiting a preceding subsection, a right to make any application or referral, or to seek a review, under the principal Act with respect to any matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the South Australian Employment Tribunal, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.
(5)
The Tribunal may—
(a)
receive in evidence any transcript of evidence in proceedings before the South Australian Employment Tribunal, and draw any conclusions of fact from that evidence that appear proper; and
(b)
adopt any findings or determinations of the South Australian Employment Tribunal that may be relevant to proceedings before the Tribunal; and
(c)
adopt or make any decision (including a decision in the nature of a determination), direction or order in relation to proceedings before the South Australian Employment Tribunal before the relevant day (including so as to make a decision or determination, or a direction or order, in relation to proceedings fully heard before the relevant day); and
(d)
take other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.
(6)
Nothing in a preceding subsection affects proceedings under section 100 of the principal Act.
(7)
An exemption granted by the South Australian Employment Tribunal under section 92 of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be an exemption granted by the Tribunal.
(8)
A member of a panel established under Schedule 1 of the principal Act (as in force immediately before the relevant day) holding office immediately before the relevant day will cease to hold office on the relevant day and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time (and no right of action will arise against a Minister or the State on account of that termination).
(9)
In this section—
principal Act means the Equal Opportunity Act 1984;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal.

Historical versions

Reprint—1.8.1990
Reprint No 1—1.7.1991
Reprint No 2—29.10.1992
Reprint No 3—13.5.1993
Reprint No 4—1.1.1994
Reprint No 5—12.12.1996
Reprint No 6—3.7.1997
Reprint No 7—20.4.1998
1.6.2007
2.10.2009
1.1.2010
1.2.2010
3.10.2013
8.9.2016
5.12.2016
21.3.2017
1.7.2017
1.8.2017
2.9.2019
22.10.2020
20.9.2021