Equal Opportunity Act 2010 (Vic)

Version No. 031

Equal Opportunity Act 2010

No. 16 of 2010

Version incorporating amendments as at

20 September 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Objectives

4Definitions

5Act binds the Crown

Part 2—What is discrimination?

6Attributes

7Meaning of discrimination

8Direct discrimination

9Indirect discrimination

10Motive is irrelevant to discrimination

11Discrimination by acting with others and by not acting

12Special measures

13When is discrimination lawful?

Part 3—Duty to eliminate discrimination, sexual harassment and victimisation

14Purpose of Part

15Duty to eliminate discrimination, sexual harassment or victimisation

Part 4—When is discrimination prohibited?

Division 1—Discrimination in employment

16Discrimination against job applicants

17Employer must accommodate responsibilities as parent or carer of person offered employment

18Discrimination against employees

19Employer must accommodate employee's responsibilities as parent or carer

20Employer must make reasonable adjustments for person offered employment or employee with a disability

21Discrimination against contract workers

22Principal must accommodate contract worker's responsibilities as parent or carer

22APrincipal must make reasonable adjustments for contract worker with a disability

23Exception—adjustments for person or employee with a disability not reasonable

24Exception—domestic or personal services

25Exception—care of children

26Exception—genuine occupational requirements

27Exception—political employment

28Exception—welfare services

28AException—youth wages

29Exception—early retirement schemes

Division 2—Discrimination in employment-related areas

30Discrimination in establishing firms

31Discrimination by firms

32Firm must accommodate responsibilities as parent or carer of person invited to become a partner or of a partner

33Firm must make reasonable adjustments for person invited to become a partner or partner with a disability

34Exception—adjustments for person or partner with a disability not reasonable

35Discrimination by industrial organisations

36Discrimination by qualifying bodies

37Exception—reasonable terms of qualification

Division 3—Discrimination in education

38Discrimination by educational authorities

39Exception—educational institutions for particular groups

40Educational authority must make reasonable adjustments for person with a disability

41Exception—not reasonable for educational authority to make adjustments

42Exception—standards of dress and behaviour

43Exception—age-based admission schemes and age quotas

Division 4—Discrimination in the provision of goods and services and disposal of land

44Discrimination in the provision of goods and services

45Service provider must make reasonable adjustments for person with a disability

46Exception—adjustments to provision of service not reasonable

47Exception—insurance

48Exception—credit providers

49Exception—supervision of children

50Discrimination in the disposal of land

51Exception—disposal by will or gift

Division 5—Discrimination in accommodation

52Discrimination in offering to provide accommodation

53Discrimination in providing accommodation

54Discrimination by refusing to allow assistance dogs

55Discrimination by refusing to allow alterations

56Discrimination by refusing to allow alterations—owners corporations

57Discrimination in access to public premises

58Exception—access to or use of public premises unreasonable

58AException—accommodation unsuitable for children

59Exception—shared accommodation

60Exception—welfare measures

61Exception—accommodation for students

63Application of this Division

Division 6—Discrimination by clubs and club members

64Discrimination against applicants for membership

65Discrimination against club members

66Exception—clubs for minority cultures

66AException—clubs for political purposes

67Exception—clubs and benefits for particular age groups

68Exception—single sex clubs

69Exception—separate access to benefits for men and women

Division 7—Discrimination in sport

70Definitions

71Discrimination in sport

72Exception—competitive sporting activities

Division 8—Discrimination in local government

73Discrimination by councillors

74Exception—political belief or activity

Part 5—General exceptions to and exemptions from the prohibition of discrimination

75Things done with statutory authority

76Things done to comply with orders of courts and tribunals

77Pensions

78Superannuation—existing fund conditions before 1 January 1996

79Superannuation—new fund conditions after 1 January 1996

80Charities

81Definition of religious body

81AOther definitions

82Religious bodies

82AReligious bodies—employment

82BReligious bodies—provision of government funded services

83Religious educational institutions

83AReligious educational institutions: employment

85Legal incapacity and age of majority

86Protection of health, safety and property

87Age benefits and concessions

88Special needs

89Exemptions by the Tribunal

90Factors to be considered by Tribunal

91Applicant to give notice to Commission

Part 6—Prohibition of sexual harassment

92What is sexual harassment?

93Harassment by employers and employees

94Harassment in common workplaces

95Harassment by partners

96Harassment in industrial organisations

97Harassment by members of qualifying bodies

98Harassment in educational institutions

99Harassment in the provision of goods and services

100Harassment in the provision of accommodation

101Harassment in clubs

102Harassment in local government

Part 7—Prohibition of other conduct and vicarious liability for discrimination

Division 1—Victimisation

103Prohibition of victimisation

104What is victimisation?

Division 2—Authorising or assisting discrimination

105Prohibition of authorising or assisting discrimination

106Liability of person who authorises or assists

Division 3—Discriminatory requests for information

107Prohibition on requesting discriminatory information

108Exception—information required for purposes not involving prohibited discrimination

Division 4—Vicarious liability

109Vicarious liability of employers and principals

110Exception to vicarious liability

Part 8—Disputes

Division 1—Dispute resolution by the Commission

111Functions of the Commission

112Principles of dispute resolution offered by the Commission

113Who may bring a dispute to the Commission?

114Representative body may bring a dispute to the Commission

115Beginning and end of dispute resolution

116Discretion to decline to provide or continue dispute resolution

117Admissibility of information gathered during dispute resolution

118Withdrawal from dispute resolution

119Settlement agreements

120Registration of settlement agreements

121Tribunal may make interim orders to prevent prejudice to dispute resolution

Division 2—Applications to the Tribunal

122Application may be made to Tribunal in respect of dispute

123Who can apply?

124Representative body may apply to Tribunal

125What may the Tribunal decide?

126Commission may apply to enforce order of Tribunal

Part 9—Investigations

Division 1—Commission may conduct investigation

127When investigation may be conducted

128Matters referred by Tribunal for investigation

Division 2—Conduct of investigations

129Commission to conduct investigation as it thinks fit

130Commission may ask for information

131Tribunal order compelling production of information or documents

132Creation of documents

133Documents produced to the Commission

134Power to compel attendance

135Disclosure of identity of persons who give information or documents

136Publication of evidence, information or documents

137Tribunal may make interim orders to prevent prejudice to investigation

138Investigation when other proceedings commenced

Division 3—Outcomes of investigations

139Outcome of an investigation

140Registration of agreements

141Inquiries by the Tribunal

142Report of an investigation

143Content of reports

144Report on investigation not prohibited disclosure

Part 10—Practice guidelines, reviews and action plans

Division 1—Practice guidelines

148Commission may issue practice guidelines

149Effect of practice guidelines

150Publication of practice guidelines or withdrawal of practice guidelines

Division 2—Reviews

151Commission may conduct review of compliance

Division 3—Action plans

152Action plans

153Register of action plans

Part 11—Victorian Equal Opportunity and Human Rights Commission

Division 1—The Commission

154Continuation of Commission

155Functions and powers of Commission

156Commission's educative functions

157Commission's research functions

158Commission may report on educative or research functions

159Commission may intervene in proceedings

160Commission may assist in proceedings as amicus curiae

Division 2—The Board

161Constitution of the Board

162Functions of the Board

163Terms of appointment of members

164Resignation and removal

165Chairperson

166Acting appointments

167Payment of members

168Procedure of Board

169Effect of vacancy or defect

Division 3—The Commissioner

170Appointment and role of Commissioner

171Payment of Commissioner

172Acting Commissioner

Division 4—General provisions

174Staff of Commission

175Delegation

176Secrecy

176AExceptions—court-ordered disclosure in criminal proceedings or disclosure with consent

176BOther exceptions

177Disclosure of information relating to disputes, complaints and investigations

178Protection from liability

179Annual reports

Part 12—Offences

Division 1—Proceedings for offences

180Who may bring proceedings for an offence?

181Offences are to be dealt with summarily

Division 2—Discriminatory advertising

182Offence of discriminatory advertising

183Defence

184Proceedings for the offence of discriminatory advertising

Division 3—Other offences

185Obstructing Commission

186False or misleading information

Part 13—General

187Proceedings against unincorporated associations

188Contravention does not create civil or criminal liability

188AProtection against self-incrimination

189Protection of people giving evidence and information

190Regulations

Part 14—Repeal of Equal Opportunity Act 1995 and transitional provisions

Division 1—Repeal of Equal Opportunity Act 1995

191Repeal of Equal Opportunity Act 1995

Division 2—Transitional provisions

192Definitions

193Complaints lodged before commencement day

194Alleged contraventions that occurred prior to commencement day

195Exemptions under the old Act by the Tribunal

195AContinuation of the Board of the Commission

195BInterim chairperson

195CCommissioner

196Tribunal may make orders of a transitional nature

Division 3—Transitional provisions relating to the Change or Suppression (Conversion) Practices Prohibition Act 2021

197Definitions

198Conduct, disputes and investigations before commencement day

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 031

Equal Opportunity Act 2010

No. 16 of 2010

Version incorporating amendments as at

20 September 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to re-enact and extend the law relating to equal opportunity and protection against discrimination, sexual harassment and victimisation; and

(b)to amend the Racial and Religious Tolerance Act 2001 in relation to dispute resolution; and

(c)to make consequential amendments to the Racial and Religious Tolerance Act 2001, the Victorian Civil and Administrative Tribunal Act 1998 and other Acts.

2Commencement

(1)Section 1, this section and Part 16 come into operation on the day after the day on which this Act receives the Royal Assent.

*                *                *                *                *

(3)Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4)If a provision of this Act referred to in subsection (3) does not come into operation before 1 August 2011, it comes into operation on that day.

3Objectives

The objectives of this Act are—

(a)to eliminate discrimination, sexual harassment and victimisation, to the greatest possible extent;

(b)to further promote and protect the right to equality set out in the Charter of Human Rights and Responsibilities;

(c) to encourage the identification and elimination of systemic causes of discrimination, sexual harassment and victimisation;

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

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

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

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

(e)to enable the Victorian Equal Opportunity and Human Rights Commission to encourage best practice and facilitate compliance with this Act by undertaking research, educative and enforcement functions;

(f)to enable the Victorian Equal Opportunity and Human Rights Commission to resolve disputes about discrimination, sexual harassment and victimisation in a timely and effective manner, and to also provide direct access to the Victorian Civil and Administrative Tribunal for resolution of such disputes.

4Definitions

(1)In this Act—

accommodation includes—

(a)business premises;

(b)a house or flat;

(c)a hotel or motel;

(d)a boarding house or hostel;

(e)a caravan or caravan site;

(f)a mobile home or mobile home site;

(g)a camping site;

*                *                *                *                *

assistance dog means a dog that is trained to perform tasks or functions that assist a person with a disability to alleviate the effects of his or her disability;

attribute means an attribute in section 6;

Board means the Board of the Commission established under section 161;

breastfeeding includes the act of expressing milk;

carer means a person on whom another person is wholly or substantially dependent for ongoing care and attention, other than a person who provides that care and attention wholly or substantially on a commercial basis;

child means a person under the age of 18 years;

club means an association of more than 30 persons associated together for social, literary, cultural, political, sporting, athletic or other lawful purposes that—

(a)has a licence (other than a temporary limited licence or a major event licence) to supply liquor under the Liquor Control Reform Act 1998; and

(b)operates its facilities wholly or partly from its own funds;

Commission means the Victorian Equal Opportunity and Human Rights Commission continued in existence by section 154;

Commissioner means the Commissioner appointed under section 170;

contract worker means a person who does work for a principal under a contract between the person's employer and the principal;

detriment includes humiliation and denigration;

disability means—

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

(b)the presence in the body of organisms that may cause disease; or

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

(d)malfunction of a part of the body, including—

(i)a mental or psychological disease or disorder;

(ii)a condition or disorder that results in a person learning more slowly than people who do not have that condition or disorder; or

(e)malformation or disfigurement of a part of the body—

and includes a disability that may exist in the future (including because of a genetic predisposition to that disability) and, to avoid doubt, behaviour that is a symptom or manifestation of a disability;

Examples

Acquired immunodeficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV).

discrimination has the meaning given in Part 2;

dispute means a dispute about compliance with this Act;

dispute resolution means dispute resolution conducted by the Commission under Division 1 of Part 8;

domestic partner of a person means—

(a)a person who is in a registered domestic relationship with the person; or

(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

educational authority means the person or body administering an educational institution;

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

employee includes—

(a)a person employed under a contract of service, whether or not under a federal agreement or award;

(b)a person employed under the Public Administration Act 2004 or appointed to a statutory office;

(c)a person engaged under a contract for services;

(d)a person who is engaged to perform any work the remuneration for which is based wholly or partly on commission—

and in Part 6 includes, but does not otherwise in this Act include, an unpaid worker or volunteer;

employer includes—

(a)a person who employs another person under a contract of service, whether or not under a federal agreement or award;

(b)a person who engages another person under a contract for services;

(c)a person who engages another person to perform any work the remuneration for which is based wholly or partly on commission—

and in Part 6 includes, but does not otherwise in this Act include, a person who employs another person on an unpaid or voluntary basis;

employment includes—

(a)employment under a contract of service, whether or not under a federal agreement or award;

(b)employment under the Public Administration Act 2004 or under a statutory appointment;

(c)engagement under a contract for services;

(d)work that is remunerated wholly or partly on commission—

and in Part 6 includes, but does not otherwise in this Act include, work on a voluntary or unpaid basis;

employment activity means—

(a)an employee, in the employee's individual capacity—

(i)making a reasonable request to the employee's employer, orally or in writing, for information regarding the employee's employment entitlements; or

(ii)communicating to the employee's employer, orally or in writing, the employee's concern that the employee has not been, is not being or will not be given some or all of the employee's employment entitlements; or

(b)a contract worker, in the contract worker's individual capacity—

(i)making a reasonable request to the contract worker's principal, orally or in writing, for information regarding the contract worker's employment entitlements; or

(ii)communicating to the contract worker's principal, orally or in writing, the contract worker's concern that the contract worker has not been, is not being or will not be given some or all of the contract worker's employment entitlements;

employment agent means a person who carries on a business of providing services for the purpose of finding employment for people seeking to be employed or procuring employees for people seeking to employ them, or both;

employment entitlements, in relation to an employee or a contract worker, means the rights and entitlements of the employee or contract worker under an applicable—

(a)contract of service; or

(b)federal agreement or award; or

(c)minimum wage order under the Fair Work Act 2009 of the Commonwealth; or

(d)contract for services; or

(e)Act or enactment; or

(f)law of the Commonwealth;

enactment means a rule, regulation, by-law, local law, order, Order in Council, proclamation or other instrument of a legislative character;

expunged homosexual conviction means an expunged conviction within the meaning of Part 8 of the Sentencing Act 1991;

*                *                *                *                *

Fair Work Commission has the same meaning as in the Fair Work Act 2009 of the Commonwealth;

firm has the same meaning as in the Partnership Act 1958;

gender identity means a person's gender-related identity, which may or may not correspond with their designated sex at birth, and includes the personal sense of the body (whether this involves medical intervention or not) and other expressions of gender, including dress, speech, mannerisms, names and personal references;

home, in relation to a person, means a private residence of that person;

*                *                *                *                *

industrial activity means—

(a)being or not being a member of, or joining, not joining or refusing to join, an industrial organisation or industrial association; or

(b)establishing or being involved in establishing an industrial organisation or forming or being involved in forming an industrial association; or

(c)organising or promoting or proposing to organise or promote a lawful activity on behalf of an industrial organisation or industrial association; or

(d)encouraging, assisting, participating in or proposing to encourage, assist or participate in a lawful activity organised or promoted by an industrial organisation or industrial association; or

(e)not participating in or refusing to participate in a lawful activity organised or promoted by an industrial organisation or industrial association; or

(f)representing or advancing the views, claims or interests of members of an industrial organisation or industrial association;

industrial association means a group of employees or employers, formed formally or informally to represent or advance the views, claims or interests of the employees or employers in a particular industry, trade, profession, business or employment, not including an industrial organisation;

industrial organisation means one of the following organisations that is registered or recognised under a State or Commonwealth Act or enactment—

(a)an organisation of employees;

(b)an organisation of employers;

(c)any other organisation established for the purposes of people who carry on a particular industry, trade, profession, business or employment;

lawful sexual activity means engaging in, not engaging in or refusing to engage in a lawful sexual activity;

marital status means a person's status of being—

(a)single; or

(b)married; or

(c)a domestic partner; or

(d)married but living separately and apart from his or her spouse; or

(e)divorced; or

(f)widowed;

member of staff, of the Commission, means a member of the staff referred to in section 174;

occupational qualification means an authorisation or qualification that is needed for, or facilitates—

(a)the practice of a profession; or

(b)the carrying on of a trade or business; or

(c)the engaging in of any other occupation or employment;

owners corporation has the meaning given in the Owners Corporations Act 2006;

parent includes—

(a)step-parent;

(b)adoptive parent;

(c)foster parent;

(d)guardian;

parental status means the status of being a parent or not being a parent;

party, in relation to a dispute, means—

(a)a person who brings a dispute to the Commission for dispute resolution under section 113; or

(b)a representative body who brings a dispute to the Commission for dispute resolution under section 114; or

(c)a person on whose behalf a dispute is brought to the Commission for dispute resolution under section 113 or 114; or

(d)a person about whom a dispute is brought to the Commission for dispute resolution;

person includes an unincorporated association and, in relation to a natural person, means a person of any age;

physical features means a person's height, weight, size or other bodily characteristics;

political belief or activity means—

(a)holding or not holding a lawful political belief or view;

(b)engaging in, not engaging in or refusing to engage in a lawful political activity;

practice guidelines means practice guidelines issued under Division 1 of Part 10;

principal, in relation to a contract worker, means a person who contracts with another person for work to be done by employees of the other person;

qualifying body means a person or body that is empowered to confer, renew or extend an occupational qualification;

race includes—

(a)colour;

(b)descent or ancestry;

(c)nationality or national origin;

(d)ethnicity or ethnic origin;

(e)if 2 or more distinct races are collectively referred to as a race—

(i)each of those distinct races;

(ii)that collective race;

relative, in relation to a person, means—

(a)a spouse or domestic partner of that person; or

(b)a parent or grandparent of that person or of a spouse or domestic partner of that person; or

(c)a child or grandchild (whether or not under the age of 18 years) of that person or of a spouse or domestic partner of that person; or

(d)a brother or sister of that person or of a spouse or domestic partner of that person; or

(e)a child (whether or not under the age of 18 years) of a brother or sister of that person or of a brother or sister of a spouse or domestic partner of that person; or

(f)a child (whether or not under the age of 18 years) of a brother or sister of a parent of that person or of a brother or sister of a parent of a spouse or domestic partner of that person;

religious belief or activity means—

(a)holding or not holding a lawful religious belief or view;

(b)engaging in, not engaging in or refusing to engage in a lawful religious activity;

services includes, without limiting the generality of the word—

(a)access to and use of any place that members of the public are permitted to enter;

(b)banking services, the provision of loans or finance, financial accommodation, credit guarantees and insurance;

(c)provision of entertainment, recreation or refreshment;

(d)services connected with transportation or travel;

(e)services of any profession, trade or business, including those of an employment agent;

(f)services provided by a government department, public authority, State owned enterprise or municipal council—

but does not include education or training in an educational institution;

sex characteristics means a person's physical features relating to sex, including—

(a)genitalia and other sexual and reproductive parts of the person's anatomy; and

(b)the person's chromosomes, genes, hormones, and secondary physical features that emerge as a result of puberty;

sexual orientation means a person's emotional, affectional and sexual attraction to, or intimate or sexual relations with, persons of a different gender or the same gender or more than one gender;

spent conviction has the same meaning as in the Spent Convictions Act 2021;

spouse of a person means a person to whom the person is married;

State owned enterprise has the same meaning as in the State Owned Enterprises Act 1992;

terms includes conditions;

Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and AdministrativeTribunal Act 1998;

work arrangements means—

(a)in the case of a person offered employment, arrangements—

(i)that would apply to the person as an employee; or

(ii)applying to the workplace; or

(b)in the case of an employee, arrangements applying to the employee or the workplace; or

(c)in the case of a contract worker, arrangements applying to the contract worker or the workplace of the principal; or

(d)in the case of a person invited to become a partner in a firm, arrangements—

(i)that would apply to the person as a partner; or

(ii)applying to the firm's workplace; or

(e)in the case of a partner of a firm, arrangements applying to the partner or the firm's workplace.

(2)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered domestic relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

(3)A reference in the definition of employee, employer, employment or employment entitlements in subsection (1) to a federal agreement or award is a reference to—

(a)an enterprise agreement made under the Fair Work Act 2009 of the Commonwealth; or

(b)an agreement-based transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; or

(c)a modern award within the meaning of the Fair Work Act 2009 of the Commonwealth; or

(d)a determination of the Fair Work Commission made under the Fair Work Act 2009 of the Commonwealth; or

(e)an award-based transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; or

(f)a transitional minimum wage instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth.

5Act binds the Crown

This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

PART 2—WHAT IS DISCRIMINATION?

6Attributes

The following are the attributes on the basis of which discrimination is prohibited in the areas of activity set out in Part 4—

(a)age;

(b)breastfeeding;

(c)employment activity;

(d)gender identity;

(e)disability;

(f)industrial activity;

(g)lawful sexual activity;

(h)marital status;

(i)parental status or status as a carer;

(j)physical features;

(k)political belief or activity;

(l)pregnancy;

(la)profession, trade or occupation;

(m)race;

(n)religious belief or activity;

(o)sex;

(oa)sex characteristics;

(p)sexual orientation;

(pa)an expunged homosexual conviction;

(pb)a spent conviction;

(q)personal association (whether as a relative or otherwise) with a person who is identified by reference to any of the above attributes.

7Meaning of discrimination

(1)Discrimination means—

(a)direct or indirect discrimination on the basis of an attribute; or

(b)a contravention of section 17, 19, 20, 22, 32, 33, 40, 45, 54, 55 or 56.

(2)Discrimination on the basis of an attribute includes discrimination on the basis—

(a)that a person has that attribute or had it at any time, whether or not he or she had it at the time of the discrimination;

(b)of a characteristic that a person with that attribute generally has;

(c)of a characteristic that is generally imputed to a person with that attribute;

(d)that a person is presumed to have that attribute or to have had it at any time.

(3)For the purposes of subsection (2), if a person with a disability is accompanied by or possesses an assistance aid, being accompanied by or the possession of that assistance aid is taken to be a characteristic that a person with that attribute generally has.

(4)In subsection (3)—

assistance aid means any of the following that alleviates the effects of a person's disability—

(a)equipment (including a palliative or therapeutic device);

(b)a person who provides assistance or services to a person with a disability;

Examples

1an interpreter;

2a reader.

(c)an assistance dog.

8Direct discrimination

(1)Direct discrimination occurs if a person treats, or proposes to treat, a person with an attribute unfavourably because of that attribute.

Examples

1 An employer advises an employee that she will not be trained to work on new machinery because she is too old to learn new skills. The employer has discriminated against the employee by denying her training in her employment on the basis of her age.

2 A real estate agent refuses an African man's application for a lease. The real estate agent tells the man that the landlord would prefer an Australian tenant. The real estate agent has discriminated against the man by denying him accommodation on the basis of his race.

(2)In determining whether a person directly discriminates it is irrelevant—

(a)whether or not that person is aware of the discrimination or considers the treatment to be unfavourable;

(b)whether or not the attribute is the only or dominant reason for the treatment, provided that it is a substantial reason.

9Indirect discrimination

(1)Indirect discrimination occurs if a person imposes, or proposes to impose, a requirement, condition or practice—

(a)that has, or is likely to have, the effect of disadvantaging persons with an attribute; and

(b)that is not reasonable.

(2)The person who imposes, or proposes to impose, the requirement, condition or practice has the burden of proving that the requirement, condition or practice is reasonable.

(3)Whether a requirement, condition or practice is reasonable depends on all the relevant circumstances of the case, including the following—

(a)the nature and extent of the disadvantage resulting from the imposition, or proposed imposition, of the requirement, condition or practice;

(b)whether the disadvantage is proportionate to the result sought by the person who imposes, or proposes to impose, the requirement, condition or practice;

(c)the cost of any alternative requirement, condition or practice;

(d)the financial circumstances of the person imposing, or proposing to impose, the requirement, condition or practice;

(e)whether reasonable adjustments or reasonable accommodation could be made to the requirement, condition or practice to reduce the disadvantage caused, including the availability of an alternative requirement, condition or practice that would achieve the result sought by the person imposing, or proposing to impose, the requirement, condition or practice but would result in less disadvantage.

(4)In determining whether a person indirectly discriminates it is irrelevant whether or not that person is aware of the discrimination.

Examples

1A store requires customers to produce photographic identification in the form of a driver's licence before collecting an order. This may disadvantage a person with a visual impairment who is not eligible to hold a driver's licence. The store's requirement may not be reasonable if the person with a visual impairment can provide an alternative form of photographic identification.

2An advertisement for a job as a cleaner requires an applicant to speak and read English fluently. This may disadvantage a person on the basis of his or her race. The requirement may not be reasonable if speaking and reading English fluently is not necessary to perform the job.

10Motive is irrelevant to discrimination

In determining whether or not a person discriminates, the person's motive is irrelevant.

11Discrimination by acting with others and by not acting

It is irrelevant whether discrimination occurs by a person—

(a)acting alone or in association with any other person;

(b)doing an act or omitting to do an act.

12Special measures

(1)A person may take a special measure for the purpose of promoting or realising substantive equality for members of a group with a particular attribute.

Examples

1 A company operates in an industry in which Aboriginal and Torres Strait Islanders are under-represented. The company develops a training program to increase employment opportunities in the company for Aboriginal and Torres Strait Islanders.

2     A swimming pool that is located in an area with a significant Muslim population holds women-only swimming sessions to enable Muslim women who cannot swim in mixed company to use the pool.

3 A person establishes a counselling service to provide counselling for gay men and lesbians who are victims of family violence, and whose needs are not met by general family violence counselling services.

(2)A person does not discriminate against another person by taking a special measure.

(3)A special measure must—

(a)be undertaken in good faith for achieving the purpose set out in subsection (1); and

(b)be reasonably likely to achieve the purpose set out in subsection (1); and

(c)be a proportionate means of achieving the purpose set out in subsection (1); and

(d)be justified because the members of the group have a particular need for advancement or assistance.

(4)A measure is taken for the purpose set out in subsection (1) if it is taken—

(a)solely for that purpose; or

(b)for that purpose as well as other purposes.

(5)A person who undertakes a special measure may impose reasonable restrictions on eligibility for the measure.

Example

It may be reasonable to restrict eligibility for a special measure to people with the attribute who are of a particular age.

(6)A person who undertakes a special measure has the burden of proving that the measure is a special measure.

(7)On achieving the purpose set out in subsection (1), the measure ceases to be a special measure.

13When is discrimination lawful?

(1)This Act does not prohibit discrimination to which a Division of Part 4 applies if—

(a)an exception in that Division applies; or

(b)the conduct constituting discrimination under that Division also constitutes discrimination under another Division of Part 4 and an exception in the other Division applies; or

(c)a general exception under Part 5 applies; or

(d)an exemption under Part 5 applies.

Example

A football club refuses to register a 15-year-old girl to participate in a football competition that is restricted to boys only. Section 72 contains an exception from discrimination on grounds of sex in relation to competitive sporting activity. If that applies to the competition, the club's refusal to register the girl will not be unlawful, regardless of whether any dispute about the refusal is brought as a dispute about discrimination in sport (Division 7), discrimination by a club (Division 6) or discrimination in the provision of services (Division 4).

(2)An exception or an exemption referred to in subsection (1) is a defence to discrimination, and the person seeking to rely on the exception or exemption has the burden of proving that it applies.

PART 3—DUTY TO ELIMINATE DISCRIMINATION, SEXUAL HARASSMENT AND VICTIMISATION

14Purpose of Part

The purpose of this Part is to provide for the taking of positive action to eliminate discrimination, sexual harassment and victimisation.

15Duty to eliminate discrimination, sexual harassment or victimisation

(1)This section applies to a person who has a duty under Part 4, 6 or 7 not to engage in discrimination, sexual harassment or victimisation.

(2)A person must take reasonable and proportionate measures to eliminate that discrimination, sexual harassment or victimisation as far as possible.

(3)Part 8 does not apply to a contravention of the duty imposed by subsection (2).

(4)A contravention of the duty imposed by subsection (2) may be the subject of an investigation undertaken by the Commission under Part 9.

(5)The duty imposed by subsection (2) is in addition to—

(a)a duty under Part 4, 6 or 7; and

(b)in the case of a person who is a public authority, a duty under section 38 of the Charter of Human Rights and Responsibilities.

(6)In determining whether a measure is reasonable and proportionate the following factors must be considered—

(a)the size of the person's business or operations;

(b)the nature and circumstances of the person's business or operations;

(c)the person's resources;

(d)the person's business and operational priorities;

(e)the practicability and the cost of the measures.

Examples

1     A small, not-for-profit community organisation takes steps to ensure that its staff are aware of the organisation's commitment to treating staff with dignity, fairness and respect and makes a clear statement about how complaints from staff will be managed.

2     A large company undertakes an assessment of its compliance with this Act.  As a result of the assessment, the company develops a compliance strategy that includes regular monitoring and provides for continuous improvement of the strategy.

PART 4—WHEN IS DISCRIMINATION PROHIBITED?

Division 1—Discrimination in employment

16Discrimination against job applicants

An employer must not discriminate against a person—

(a)in determining who should be offered employment; or

(b)in the terms on which employment is offered to the person; or

(c)by refusing or deliberately omitting to offer employment to the person; or

(d)by denying the person access to a guidance program, an apprenticeship training program or other occupational training or retraining program.

17Employer must accommodate responsibilities as parent or carer of person offered employment

(1)An employer must not, in relation to the work arrangements of a person offered employment, unreasonably refuse to accommodate the responsibilities that the person has as a parent or carer.

Example

An employer may be able to accommodate a person's responsibilities as a parent or carer by offering work on the basis that the person could work additional daily hours to provide for a shorter working week or occasionally work from home.

(2)In determining whether an employer unreasonably refuses to accommodate the responsibilities that a person has as a parent or carer, all relevant facts and circumstances must be considered, including—

(a)the person's circumstances, including the nature of his or her responsibilities as a parent or carer; and

(b)the nature of the role that is being offered; and

(c)the nature of the arrangements required to accommodate those responsibilities; and

(d)the financial circumstances of the employer; and

(e)the size and nature of the workplace and the employer's business; and

(f)the effect on the workplace and the employer's business of accommodating those responsibilities, including—

(i)the financial impact of doing so;

(ii)the number of persons who would benefit from or be disadvantaged by doing so;

(iii)the impact on efficiency and productivity and, if applicable, on customer service of doing so; and

(g)the consequences for the employer of making such accommodation; and

(h)the consequences for the person of not making such accommodation.

18Discrimination against employees

An employer must not discriminate against an employee—

(a)by denying or limiting access by the employee to opportunities for promotion, transfer or training or to any other benefits connected with the employment; or

(b)by dismissing the employee or otherwise terminating his or her employment; or

(c)by denying the employee access to a guidance program, an apprenticeship training program or other occupational training or retraining program; or

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

19Employer must accommodate employee's responsibilities as parent or carer

(1)An employer must not, in relation to the work arrangements of an employee, unreasonably refuse to accommodate the responsibilities that the employee has as a parent or carer.

Example

An employer may be able to accommodate an employee's responsibilities as a parent or carer by allowing the employee to work from home on a Wednesday morning or have a later start time on a Wednesday or, if the employee works on a part-time basis, by rescheduling a regular staff meeting so that the employee can attend.

(2)In determining whether an employer unreasonably refuses to accommodate the responsibilities that an employee has as a parent or carer, all relevant facts and circumstances must be considered, including—

(a)the employee's circumstances, including the nature of his or her responsibilities as a parent or carer; and

(b)the nature of the employee's role; and

(c)the nature of the arrangements required to accommodate those responsibilities; and

(d)the financial circumstances of the employer; and

(e)the size and nature of the workplace and the employer's business; and

(f)the effect on the workplace and the employer's business of accommodating those responsibilities, including—

(i)the financial impact of doing so;

(ii)the number of persons who would benefit from or be disadvantaged by doing so;

(iii)the impact on efficiency and productivity and, if applicable, on customer service of doing so; and

(g)the consequences for the employer of making such accommodation; and

(h)the consequences for the employee of not making such accommodation.

20Employer must make reasonable adjustments for person offered employment or employee with a disability

(1)This section applies to a person with a disability who—

(a)is offered employment or is an employee; and

(b)requires adjustments in order to perform the genuine and reasonable requirements of the employment.

(2)The employer must make reasonable adjustments unless the person or employee could not or cannot adequately perform the genuine and reasonable requirements of the employment even after the adjustments are made.

Example

An employer may be able to make reasonable adjustments for a person or employee with a disability by—

·providing a ramp for access to the workplace or a particular software package for computers;

·modifying work instructions or reference manuals;

·allowing the person or employee to be absent during work hours for rehabilitation, assessment or treatment;

·allowing the person or employee to take breaks more frequently.

(3)In determining whether an adjustment is reasonable, all relevant facts and circumstances must be considered, including—

(a)the person's or employee's circumstances, including the nature of his or her disability; and

(b)the nature of the employee's role or the role that is being offered; and

(c)the nature of the adjustment required to accommodate the person's or employee's disability; and

(d)the financial circumstances of the employer; and

(e)the size and nature of the workplace and the employer's business; and

(f)the effect on the workplace and the employer's business of making the adjustment including—

(i)the financial impact of doing so;

(ii)the number of persons who would benefit from or be disadvantaged by doing so;

(iii)the impact on efficiency and productivity and, if applicable, on customer service of doing so; and

(g)the consequences for the employer of making the adjustment; and

(h)the consequences for the person or employee of not making the adjustment; and

(i)any relevant action plan made under Part 3 of the Disability Discrimination Act 1992 of the Commonwealth; and

(j)if the employer is a public sector body within the meaning of section 38 of the Disability Act 2006, any relevant Disability Action Plan made under that section.

*                *                *                *                *

(4)For the purposes of subsection (2), in determining whether or not the person or employee could or can adequately perform the genuine and reasonable requirements of the employment, all the relevant facts and circumstances must be considered, including—

(a)the person's or employee's training, qualifications and experience;

(b)the person's or employee's current performance in the employment, if applicable.

(5)An employer is not required to make an adjustment under subsection (2) to the extent that the employer has complied with, or has been exempted from compliance with, a relevant disability standard made under the Disability Discrimination Act 1992 of the Commonwealth in relation to the subject matter of that adjustment.

(6)An employer is not required to make an adjustment under subsection (2) that relates to a building or land to the extent that—

(a)a determination has been made under section 160B of the Building Act 1993 in relation to that building or land, in relation to the subject matter of that adjustment; and

(b)the employer complies with the determination.

21Discrimination against contract workers

(1)A principal must not discriminate against a contract worker—

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

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

(c)by denying or limiting access by the contract worker to any benefit connected with the work; or

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

(2)Subsection (1) does not apply to anything done or omitted to be done by a principal in relation to a contract worker that would not contravene this Act if done or omitted to be done by the employer of that contract worker.

22Principal must accommodate contract worker's responsibilities as parent or carer

(1)A principal must not, in relation to the work arrangements of a contract worker, unreasonably refuse to accommodate the responsibilities that the contract worker has as a parent or carer.

Example

A principal may be able to accommodate a contract worker's responsibilities as a parent or carer by allowing the contract worker to have flexible start, finish or break times.

(2)In determining whether a principal unreasonably refuses to accommodate the responsibilities that a contract worker has as a parent or carer, all relevant facts and circumstances must be considered, including—

(a)the contract worker's circumstances, including the nature of his or her responsibilities as a parent or carer; and

(b)the nature of the work contracted for; and

(c)the nature of the arrangements required to accommodate those responsibilities; and

(d)the financial circumstances of the principal; and

(e)the size and nature of the workplace and the principal's business; and

(f)the effect on the workplace and the principal's business of accommodating those responsibilities, including—

(i)the financial impact of doing so;

(ii)the number of persons who would benefit from or be disadvantaged by doing so;

(iii)the impact on efficiency and productivity and, if applicable, on customer service of doing so; and

(g)the consequences for the principal of making such accommodation; and

(h)the consequences for the contract worker of not making such accommodation.

22APrincipal must make reasonable adjustments for contract worker with a disability

(1)This section applies to a contract worker with a disability who requires adjustments in order to perform the genuine and reasonable requirements of the work.

(2)The principal must make reasonable adjustments unless the contract worker could not or cannot adequately perform the genuine and reasonable requirements of the work even after the adjustments are made.

Example

A principal may be able to make reasonable adjustments for a contract worker with a disability by—

·     providing a ramp for access to the workplace or a particular software package for computers;

·     modifying work instructions or reference manuals;

· allowing the contract worker to be absent during work hours for rehabilitation, assessment or treatment;

· allowing the contract worker to take breaks more frequently.

(3)In determining whether an adjustment is reasonable, all relevant facts and circumstances must be considered, including—

(a)the contract worker's circumstances, including the nature of the disability; and

(b)the nature of the contract worker's role; and

(c)the nature of the adjustment required to accommodate the disability; and

(d)the financial circumstances of the principal; and

(e)the size and nature of the workplace and the principal's business; and

(f)the effect on the workplace and the principal's business of making the adjustment including—

(i)the financial impact of doing so; and

(ii)the number of persons who would benefit from or be disadvantaged by doing so; and

(iii)the impact on efficiency and productivity and, if applicable, on customer service of doing so; and

(g)the consequences for the principal of making the adjustment; and

(h)the consequences for the contract worker of not making the adjustment; and

(i)any relevant action plan made under Part 3 of the Disability Discrimination Act 1992 of the Commonwealth; and

(j)if the principal is a public sector body within the meaning of section 38 of the Disability Act 2006, any relevant Disability Action Plan made under that section.

(4)For the purposes of subsection (2), in determining whether or not the contract worker could or can adequately perform the genuine and reasonable requirements of the work, all the relevant facts and circumstances must be considered, including—

(a)the contract worker's training, qualifications and experience; and

(b)the contract worker's current performance in the work, if applicable.

(5)A principal is not required to make an adjustment under subsection (2) to the extent that the principal has complied with, or has been exempted from compliance with, a relevant disability standard made under the Disability Discrimination Act 1992 of the Commonwealth in relation to the subject matter of that adjustment.

(6)A principal is not required to make an adjustment under subsection (2) that relates to a building or land to the extent that—

(a)a determination has been made under section 160B of the Building Act 1993 in relation to that building or land, in relation to the subject matter of that adjustment; and

(b)the principal complies with the determination.

23Exception—adjustments for person or employee with a disability not reasonable

An employer may discriminate against a person or an employee on the basis of the person's or employee's disability in any of the areas specified in section 16 or 18 if—

(a)the person or employee requires adjustments in order to perform the genuine and reasonable requirements of the employment; and

(b)in the case of a person to whom section 20 applies, the employer has complied with that section; and

(c)in any case, either—

(i)the adjustments are not reasonable adjustments, having regard to the facts and circumstances set out in section 20(3); or

(ii)the person or employee could not or cannot adequately perform the genuine and reasonable requirements of the employment even after the adjustments are made, having regard to the facts and circumstances set out in section 20(4).

24Exception—domestic or personal services

(1)An employer may discriminate in determining who should be offered employment in relation to the provision of domestic or personal services (including the care, instruction or supervision of children)—

(a)in the employer's home; or

(b)if the employer is in the business of providing domestic or personal services to others, in the home of the person to whom those services are provided if the discrimination is requested by or on behalf of that person.

Example

An agency employs people to provide personal care services. A woman contacts the agency and requests that it provide a carer to assist her with personal care in her home. The woman tells the agency that the carer must be female. The agency may discriminate in determining who should be employed to provide personal care to the woman as the services will be provided in the woman's home, and she has specifically asked for a female carer.

(2)To avoid doubt, this section applies whether or not the employer is acting personally or through an agent in determining who should be employed.

25Exception—care of children

(1)Nothing in section 16 or 18 applies to discrimination by an employer against a person or employee if—

(a)the employment involves the care, instruction or supervision of children; and

(b)the discrimination is reasonably necessary to protect the physical, psychological or emotional wellbeing of the children.

(2)Subsection (1) does not apply to employment by a post-secondary education provider (within the meaning of the Education and Training Reform Act 2006).

26Exception—genuine occupational requirements

(1)An employer may limit the offering of employment to people of one sex if it is a genuine occupational requirement of the employment that the employees be people of that sex.

(2)Without limiting the generality of subsection (1), it is a genuine occupational requirement to be a person of a particular sex in relation to employment if—

(a)the employment can be performed only by a person having particular physical characteristics (other than strength or stamina) that are possessed only by people of that sex; or

(b)the employment needs to be performed by a person of that sex to preserve decency or privacy because it involves the fitting of clothing for people of that sex; or

(c)the employment includes the conduct of searches of the clothing or bodies of people of that sex; or

(d)the employee will be required to enter a lavatory ordinarily used by people of that sex while it is in use by people of that sex; or

(e)the employee will be required to enter areas ordinarily used only by people of that sex while those people are in a state of undress.

(3)An employer may limit the offering of employment in relation to a dramatic or an artistic performance, entertainment, photographic or modelling work or any other employment—

(a)to people of a particular age, sex or race;

(b)to people with or without a particular disability—

if it is necessary to do so for reasons of authenticity or credibility.

(4)An employer may discriminate on the basis of physical features in the offering of employment in relation to a dramatic or an artistic performance, photographic or modelling work or any similar employment.

(5)An employer may discriminate on the basis of a person's profession, trade or occupation in relation to the offering of employment if experience in a particular profession, trade or occupation is relevant to the employment or offer and is a genuine occupational requirement for the position or role on offer and it is reasonable to discriminate on that basis in the circumstances.

27Exception—political employment

An employer may discriminate on the basis of political belief or activity in the offering of employment to another person as a ministerial adviser, member of staff of a political party, member of the electorate staff of any person or any similar employment.

28Exception—welfare services

An employer may limit the offering of employment to people with a particular attribute in relation to the provision of services for people with the same attribute if those services—

(a)are either—

(i)a special measure under section 12; or

(ii)a service for special needs under section 88; and

(b)can be provided most effectively by people with that attribute.

Examples

1A service that provides in-home support for people who have a mental illness may require that a person who applies for a job as a support worker has previously used mental health services.

2A support service for women who have experienced family violence may require that its counsellors are female.

28AException—youth wages

An employer may pay an employee who is under the age of 21 years according to the employee's age.

29Exception—early retirement schemes

In deciding the terms on which to offer an employee an incentive to resign or retire, an employer may take into account the age of the employee and any eligibility of the employee to receive a retirement benefit from a superannuation fund.

Division 2—Discrimination in employment-related areas

30 Discrimination in establishing firms 

(1)A person who intends to establish a firm comprising 5 or more partners must not discriminate against another person in the terms on which the other person is invited to become a partner.

(2)A person who intends to establish a firm comprising less than 5 partners may discriminate against another person in the terms on which the other person is invited to become a partner if the discrimination is reasonable.

31Discrimination by firms

(1)A firm comprising 5 or more partners must not discriminate against a person—

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

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

(2)A firm comprising 5 or more partners must not discriminate against a partner of that firm—

(a)by denying or limiting access by the partner to any benefit arising from partnership in the firm; or

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

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

(3)A firm comprising less than 5 partners may discriminate against a person—

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

(b)in the terms on which the person is invited to become a partner—

if the discrimination is reasonable.

(4)A firm comprising less than 5 partners may discriminate against a partner of that firm—

(a)by denying or limiting access by the partner to any benefit arising from partnership in the firm; or

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

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

if the discrimination is reasonable.

32Firm must accommodate responsibilities as parent or carer of person invited to become a partner or of a partner

(1)A firm comprising 5 or more partners must not, in the work arrangements of a person invited to become a partner or of a partner, unreasonably refuse to accommodate the responsibilities that the person or partner has as a parent or carer.

Example

A firm may be able to accommodate the responsibilities that a person or partner has as a parent or carer by allowing the person or partner to have flexible attendance arrangements.

(2)In determining whether a firm unreasonably refuses to accommodate the responsibilities that a person or partner has as a parent or carer, all relevant facts and circumstances must be considered, including—

(a)the circumstances of the person or partner, including the nature of his or her responsibilities as a parent or carer; and

(b)the nature of the partnership role; and

(c)the nature of the arrangements required to accommodate those responsibilities; and

(d)the financial circumstances of the firm; and

(e)the size and nature of the workplace and the firm's business; and

(f)the effect on the workplace and the firm's business of accommodating those responsibilities, including—

(i)the financial impact of doing so;

(ii)the number of persons who would benefit from or be disadvantaged by doing so;

(iii)the impact on efficiency and productivity and, if applicable, on customer service of doing so; and

(g)the consequences for the firm of making such accommodation; and

(h)the consequences for the person or partner of not making such accommodation.

33Firm must make reasonable adjustments for person invited to become a partner or partner with a disability

(1)This section applies to a person with a disability who—

(a)is invited to become a partner or is a partner in a firm; and

(b)requires adjustments in order to perform the genuine and reasonable requirements of partnership in the firm.

(2)The firm must make reasonable adjustments unless the person or partner could not or cannot adequately perform the genuine and reasonable requirements of partnership in the firm even after the adjustments are made.

Example

A firm may be able to make reasonable adjustments for a person or partner with a disability by—

·making physical adjustments to the office in which the person or partner would be working;

·allocating some of the person's or partner's duties to another partner.

(3)In determining whether an adjustment is reasonable, all relevant facts and circumstances must be considered, including—

(a)the person's or partner's circumstances, including the nature of his or her disability; and

(b)the nature of the adjustment required to accommodate the person's or partner's disability; and

(c)the financial circumstances of the firm; and

(d)the size and nature of the workplace and the firm's business; and

(e)the effect on the workplace and the firm's business of making the adjustment, including—

(i)the financial impact of doing so;

(ii)the number of persons who would benefit from or be disadvantaged by doing so;

(iii)the impact on efficiency and productivity and, if applicable, on customer service of doing so; and

(f)the consequences for the firm of making the adjustment; and

(g)the consequences for the person or partner of not making the adjustment; and

(h)any relevant action plan made under Part 3 of the Disability Discrimination Act 1992 of the Commonwealth; and

(i)if the firm is a public sector body within the meaning of section 38 of the Disability Act 2006, any relevant Disability Action Plan made under that section.

*                *                *                *                *

(4)For the purposes of subsection (2), in determining whether or not the person or partner could or can adequately perform the genuine and reasonable requirements of partnership in the firm, all the relevant facts and circumstances must be considered, including—

(a)the person's or partner's training, qualifications and experience;

(b)the partner's current performance in the partnership, if applicable.

(5)A firm is not required to make an adjustment under subsection (2) to the extent that the firm has complied with, or has been exempted from compliance with, a relevant disability standard made under the Disability Discrimination Act 1992 of the Commonwealth in relation to the subject matter of that adjustment.

(6)A firm is not required to make an adjustment under subsection (2) that relates to a building or land to the extent that—

(a)a determination has been made under section 160B of the Building Act 1993 in relation to that building or land, in relation to the subject matter of that adjustment; and

(b)the firm complies with the determination.

34Exception—adjustments for person or partner with a disability not reasonable

A firm may discriminate against a person or a partner on the basis of the person's or partner's disability in any of the areas specified in section 30 or 31 if—

(a)the person or partner requires adjustments in order to perform the genuine and reasonable requirements of partnership in the firm; and

(b)in the case of a person to whom section 32 applies, the firm has complied with that section; and

(c)in any case, either—

(i)the adjustments are not reasonable, having regard to the facts and circumstances set out in section 33(3); or

(ii)the person or partner could not or cannot adequately perform the genuine and reasonable requirements of partnership in the firm even after the adjustments are made, having regard to the facts and circumstances set out in section 33(4).

35Discrimination by industrial organisations

(1)An industrial organisation, or a member of the committee of management or other governing body of an industrial organisation, must not discriminate against a person—

(a)in deciding who may join the organisation; or

(b)by refusing or failing to accept the person's application for membership; or

(c)in the terms on which it admits the person to membership.

(2)An industrial organisation, or a member of the committee of management or other governing body of an industrial organisation, must not discriminate against a member of the organisation—

(a)by denying or limiting access to any benefit arising from membership; or

(b)by depriving the member of membership; or

(c)by varying the terms of membership; or

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

36Discrimination by qualifying bodies

(1)A qualifying body must not discriminate against a person—

(a)by refusing or failing to confer, renew or extend an occupational qualification; or

(b)in the terms on which it confers, renews or extends an occupational qualification; or

(c)by varying the terms on which an occupational qualification is held; or

(d)by revoking or withdrawing an occupational qualification; or

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

(2)A reference to a qualifying body in this section includes a reference to each member of the qualifying body.

37Exception—reasonable terms of qualification

A qualifying body may set reasonable terms in relation to an occupational qualification, or make reasonable variations to those terms, to enable a person with a disability to practise the profession, carry on the trade or business or engage in the occupation or employment to which the qualification relates.

Example

A person is required to complete a certain number of hours of supervised clinical practice before he or she can qualify as a health professional. A woman cannot do clinical practice because of her disability. The qualifying body may dispense with the requirement for clinical practice, and restrict the work she is allowed to perform under the qualification to teaching and research.

Division 3—Discrimination in education

38Discrimination by educational authorities

(1)An educational authority must not discriminate against a person—

(a)in deciding who should be admitted as a student; or

(b)by refusing, or failing to accept, the person's application for admission as a student; or

(c)in the terms on which the authority admits the person as a student.

(2)An educational authority must not discriminate against a student—

(a)by denying or limiting access to any benefit provided by the authority; or

(b)by expelling the student; or

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

39Exception—educational institutions for particular groups

An educational authority that operates an educational institution or program wholly or mainly for students of a particular sex, race, religious belief, age or age group or students with a general or particular disability may exclude from that institution or program—

(a)people who are not of the particular sex, race, religious belief, age or age group; or

(b)people who do not have a general, or the particular, disability.

40Educational authority must make reasonable adjustments for person with a disability

(1)This section applies if a person with a disability requires adjustments in order to participate in or continue to participate in or derive or continue to derive any substantial benefit from an educational program of an educational authority.

(2)The educational authority must make reasonable adjustments unless the person could not participate in or continue to participate in or derive or continue to derive any substantial benefit from the educational program even after the adjustments are made.

Example

An educational authority may make reasonable adjustments for a person with a disability by—

·providing a teacher's aide or particular software packages for computers;

·moving a particular course or event from an inaccessible venue to an accessible one.

(3)In determining whether an adjustment is reasonable, all relevant facts and circumstances must be considered, including—

(a)the person's circumstances, including the nature of his or her disability; and

(b)the nature of the adjustment required to accommodate the person's disability; and

(c)the effect on the person of making the adjustment, including the effect on the person's ability to—

(i)achieve learning outcomes;

(ii)participate in courses or programs;

(iii)work independently; and

(d)the effect on the educational authority, staff, other students or any other person of making the adjustment, including—

(i)the financial impact of making the adjustment;

(ii)the number of people who would benefit from or be disadvantaged by making the adjustment; and

(e)the consequences for the educational authority of making the adjustment; and

(f)the consequences for the person of not making the adjustment; and

(g)any relevant action plan made under Part 3 of the Disability Discrimination Act 1992 of the Commonwealth; and

(h)if the educational authority is a public sector body within the meaning of section 38 of the Disability Act 2006, any relevant Disability Action Plan made under that section.

*                *                *                *                *

(4)An educational authority is not required to make an adjustment under subsection (2) to the extent that the educational authority has complied with, or has been exempted from compliance with, a relevant disability standard made under the Disability Discrimination Act 1992 of the Commonwealth in relation to the subject matter of that adjustment.

(5)An educational authority is not required to make an adjustment under subsection (2) that relates to a building or land to the extent that—

(a)a determination has been made under section 160B of the Building Act 1993 in relation to that building or land, in relation to the subject matter of that adjustment; and

(b)the educational authority complies with the determination.

41Exception—not reasonable for educational authority to make adjustments

An educational authority may discriminate against a person on the basis of the person's disability if—

(a)the person requires adjustments in order to participate in or continue to participate in or derive or continue to derive any substantial benefit from an educational program of the educational authority; and

(b)the educational authority has complied with section 40; and

(c)either—

(i)the adjustments are not reasonable, having regard to the facts and circumstances set out in section 40(3); or

(ii)the person could not or cannot participate in or continue to participate in or derive or continue to derive any substantial benefit from the educational program even after the adjustments are made.

42Exception—standards of dress and behaviour

(1)An educational authority may set and enforce reasonable standards of dress, appearance and behaviour for students.

(2)In relation to a school, without limiting the generality of what constitutes a reasonable standard of dress, appearance or behaviour, a standard must be taken to be reasonable if the educational authority administering the school has taken into account the views of the school community in setting the standard.

43Exception—age-based admission schemes and age quotas

An educational authority may select students for an educational program on the basis of an admission scheme—

(a)that has a minimum qualifying age; or

(b)that imposes quotas in relation to students of different ages or age groups.

Division 4—Discrimination in the provision of goods and services and disposal of land

44Discrimination in the provision of goods and services

(1)A person must not discriminate against another person—

(a)by refusing to provide goods or services to the other person; or

(b)in the terms on which goods or services are provided to the other person; or

(c)by subjecting the other person to any other detriment in connection with the provision of goods or services to him or her.

(2)Subsection (1) applies whether or not the goods or services are provided for payment.

45Service provider must make reasonable adjustments for person with a disability

(e)a person to whom section 15 of the Equal Opportunity Act 1984 applied immediately before its repeal; or

(f)a member of the Commission before 1 October 2009.

(2)This section applies to information concerning the affairs of any person that is or has been obtained by a person to whom this section applies—

(a)in the course of performing functions or duties or exercising powers under this Act or an old Act; or

(b)as a result of another person performing functions or duties or exercising powers under this Act or the old Act.

(3)A person to whom this section applies must not, either directly or indirectly, make a record of, disclose or communicate to any person any information to which this section applies unless it is necessary to do so for the purposes of, or in connection with, the performance of a function or duty or the exercise of a power under this Act or an old Act.

Penalty:60 penalty units, in the case of a natural person;

300 penalty units, in the case of a body corporate.

(4)A person to whom this section applies must not be required—

(a)to produce in a court any document containing information to which this section applies; or

(b)to disclose or communicate to any court any information to which this section applies—

unless it is necessary to do so for the purposes of, or for a prosecution under or arising out of, this Act or an old Act.

(5)In this section—

courtincludes a tribunal, authority or person having power to require the production of documents or the answering of questions;

old Actmeans either of the following as in force immediately before its repeal—

(a)the Equal Opportunity Act 1984;

(b)the Equal Opportunity Act 1995;

produceincludes permit access to.

176AExceptions—court-ordered disclosure in criminal proceedings or disclosure with consent

(1)Nothing in section 176(3) or (4) prevents a person to whom section 176 applies disclosing or communicating information or producing in a court any document containing information to which that section applies if the disclosure, communication or production is required by an order of a court for the purposes of a criminal proceeding.

(2)Nothing in section 176(3) or (4) prevents a person to whom section 176 applies disclosing or communicating information or producing in a court any document containing information to which that section applies if the person to whose affairs the information relates consents to the disclosure, communication or production.

(3)A person to whom section 176 applies does not commit an offence against section 176(3) if he or she discloses or communicates or produces information in the circumstances set out in subsection (1) or (2).

(4)In subsection (2), court has the same meaning as in section 176(5).

176BOther exceptions

(1)Nothing in section 176(3) or (4) prevents a person to whom section 176 applies disclosing or communicating information or producing in a court any document containing information to which that section applies if the disclosure, communication or production—

(a)is necessary to prevent a credible and imminent threat of harm to one or more persons; or

(b)is necessary to comply with a mandatory reporting obligation; or

(c)is necessary for the determination by VCAT of an application for review made under section 50(1) of the Freedom of Information Act 1982 regarding a decision made in response to a request under that Act for a document or information in a document held by the Commission.

(2)A person to whom section 176 applies does not commit an offence against section 176(3) or (4) if the person discloses, communicates or produces information in the circumstances set out in subsection (1)(a), (b) or (c).

177Disclosure of information relating to disputes, complaints and investigations

(1)To avoid doubt, a person to whom section 176 applies may disclose information relating to disputes, complaints or investigations to which that section applies if the disclosure is—

(a)made for the purpose of the Commission's educative functions; and

(b)consistent with the Commission's obligations under this Act or any other Act, including the Charter of Human Rights and Responsibilities and the Privacy and Data Protection Act 2014.

(2)Without limiting subsection (1)(b), information may be disclosed if—

(a)the information does not identify any person; or

(b)the information is already in the public domain; or

(c)all relevant parties have consented to the disclosure of the information.

(3)In this section—

complaint means a complaint within the meaning of either of the following as in force immediately before its repeal—

(a)the Equal Opportunity Act 1984;

(b)the Equal Opportunity Act 1995;

investigation includes an investigation conducted under the Equal Opportunity Act 1995, as in force immediately before its repeal.

178Protection from liability

(1)This section applies to a person who is or has been—

(a)the Commissioner; or

(b)a member of the staff of the Commission; or

(c)another person (other than a person referred to in paragraph (b)) acting under the authority of the Commission, the Board or the Commissioner; or

(d)the Chief Conciliator within the meaning of the Equal Opportunity Act 1995 as in force immediately before 1 October 2009; or

(e)a member of the Commission before 1 October 2009.

(2)A person to whom this section applies is not personally liable for anything done or omitted to be done in good faith—

(a)in the performance of a function or duty or the exercise of a power under this Act; or

(b)in the reasonable belief that the act or omission was in the performance of a function or duty or the exercise of a power under this Act; or

(c)in the provision of information or advice in relation to this or any other Act or any Commonwealth Act or any Act of another State or of a Territory.

(3)Any liability resulting from an act or omission that, but for subsection (2), would attach to a person to whom this section applies attaches instead to the Commission.

179Annual reports

In its report of operations for a financial year under Part 7 of the Financial Management Act 1994, the Commission—

(a)must include information on education programs and the review of Acts undertaken under section 156 and research undertaken under section 157 during that financial year;

(b)may include any recommendations the Commission considers appropriate for the elimination or modification of discriminatory provisions of Acts.

PART 12—OFFENCES

Division 1—Proceedings for offences

180Who may bring proceedings for an offence?

(1)Proceedings for an offence under this Act or the regulations may be brought by—

(a)the Commission; or

(b)a police officer within the meaning of the Victoria Police Act 2013; or

(c)a person who is authorised to do so, either generally or in a particular case, by the Commission.

(2)In a proceeding for an offence against this Act it must be presumed, in the absence of evidence to the contrary, that the person bringing the proceeding was authorised to bring it.

181Offences are to be dealt with summarily

An offence against this Act is to be prosecuted summarily.

Division 2—Discriminatory advertising

182Offence of discriminatory advertising

A person must not—

(a)publish or display; or

(b)authorise the publication or display of—

an advertisement or other notice that indicates, or could be reasonably understood as indicating, that any person intends to engage in any conduct that would contravene a provision of Part 4, 6 or 7.

Penalty:60 penalty units, in the case of a natural person;

300 penalty units, in the case of a body corporate.

183Defence

It is a defence to a charge under section 182 if the accused proves that the accused took reasonable precautions and exercised due diligence to prevent the publication or display.

184Proceedings for the offence of discriminatory advertising

(1)For the purpose of proceedings under section 182, the Commission may, by written notice, require any person to produce any documents specified in the notice to the Commission.

(2)A person must not refuse, without reasonable excuse, to produce a document referred to in subsection (1) to the Commission.

Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

Division 3—Other offences

185Obstructing Commission

(1)A person must not hinder or obstruct a relevant person who is performing a function under this Act or the Change or Suppression (Conversion) Practices Prohibition Act 2021.

Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

(2)In this section—

performing a function includes exercising a power;

relevant person means—

(a)a member of the Board;

(b)the Commissioner;

(c)a member of staff of the Commission.

186False or misleading information

A person must not give any information or make any statement to the Commission, the Commissioner or a person acting on behalf of the Commission or the Commissioner in the exercise of powers or the performance of functions under this Act or the Change or Suppression (Conversion) Practices Prohibition Act 2021 if the person knows that the information or statement is false or misleading in any material particular.

Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

PART 13—GENERAL

187Proceedings against unincorporated associations

(1)A dispute or other proceeding under this Act against an unincorporated association may be instituted and carried on against the association in the name of its president, secretary or other similar officer.

(2)The death, resignation or removal of the person against whom the proceeding was instituted does not affect the continuity of the proceeding and it may be continued against the association in the name of that person's replacement.

188Contravention does not create civil or criminal liability

A contravention of this Act does not create any civil or criminal liability except to the extent expressly provided by this Act.

188AProtection against self-incrimination

A natural person may refuse to give information, answer a question or produce a document under this Act if the giving of the information, the answering of the question or the production of the document would tend to incriminate the person.

189Protection of people giving evidence and information

If—

(a)a person has brought a dispute to the Commission for dispute resolution; or

(b)a document or any information or evidence has been produced or given to the Commission under this Act—

a person is not personally liable for any loss, damage or injury suffered by another person by reason only of the bringing of the dispute or the production or giving of the document, information or evidence.

190Regulations

The Governor in Council may make regulations for or with respect to—

(a)prescribing matters in connection with the exercise of powers by the Commission;

(b)prescribing forms for the purposes of this Act;

(c)prescribing penalties, not exceeding 2 penalty units, for contraventions of the regulations;

(d)generally prescribing any matters or things required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

PART 14—REPEAL OF EQUAL OPPORTUNITY ACT 1995 AND TRANSITIONAL PROVISIONS

Division 1—Repeal of Equal Opportunity Act 1995

191Repeal of Equal Opportunity Act 1995

The Equal Opportunity Act 1995 is repealed.

Division 2—Transitional provisions

192Definitions

In this Division—

commencement day means the day that Division 1 of Part 14 comes into operation;

complainant means a person who lodges a complaint or on whose behalf a complaint is lodged;

complaint means a complaint lodged under Part 7 of the old Act;

old Act means the Equal Opportunity Act 1995, as in force immediately before the commencement day.

193Complaints lodged before commencement day

(1)This section applies to a complaint that was lodged with the Commissioner, but not finally dealt with before the commencement day.

(2)The old Act continues to apply to the complaint if the respondent was notified of the complaint under section 107 of the old Act before the commencement day, unless the parties to the complaint consent in writing to the complaint being dealt with as a dispute.

(3)If the parties to a complaint consent to the complaint being dealt with as a dispute—

(a)the complaint is taken to be a dispute; and

(b)the complainant is taken to have brought a dispute to the Commission for dispute resolution under section 113 or 114, whichever is applicable; and

(c)anything done under the old Act in relation to the complaint is taken, to the extent it could have been done under this Act, to have been done under this Act.

(4)If the respondent had not been notified of the complaint under section 107 of the old Act before the commencement day—

(a)the complaint is taken to be a dispute; and

(b)the complainant is taken to have brought a dispute to the Commission for dispute resolution under section 113 or 114, whichever is applicable.

(5)If a complaint is taken to be a dispute because of subsection (3) or (4), Part 8 applies to the complaint as if a reference in that Part—

(a)to a provision of Part 4, 6 or 7 were a reference to a provision of Part 3, 5 or 6 of the old Act; and

(b)a reference to an alleged contravention were a reference to an alleged contravention of a provision of Part 3, 5 or 6 of the old Act.

(6)Subsections (3) and (4) apply whether or not the contravention alleged in the complaint would have contravened a provision of Part 4, 6 or 7 of this Act, if this Act had been in force when the alleged contravention occurred.

194Alleged contraventions that occurred prior to commencement day

(1)A person may bring to the Commission for dispute resolution a dispute about an alleged contravention of a provision of Part 3, 5 or 6 of the old Act that occurred before the commencement day if—

(a)the person did not lodge a complaint under section 105 of the old Act about the alleged contravention before the commencement day; and

(b)the alleged contravention, if proven, would have also been a contravention of a provision of Part 4, 6 or 7 of this Act, if this Act had been in force when the alleged contravention occurred.

(2)A person may make an application to the Tribunal under Division 2 of Part 8 about an alleged contravention of a provision of Part 3, 5 or 6 of the old Act that occurred before the commencement day if—

(a)the person did not lodge a complaint under section 105 of the old Act about the alleged contravention before the commencement day; and

(b)the alleged contravention, if proven, would have also been a contravention of a provision of Part 4, 6 or 7 of this Act, if this Act had been in force when the alleged contravention occurred.

195Exemptions under the old Act by the Tribunal

(1)An exemption that was granted by the Tribunal under section 83 of the old Act and that was in force immediately before the commencement day—

(a)continues in force, in accordance with its terms, for the remainder of the period specified in the notice published under section 83(1) of the old Act unless it is sooner revoked; and

(b)may be revoked or renewed in accordance with this Act as if it were an exemption granted under section 89.

(2)If a person had applied to the Tribunal for the grant, renewal or revocation of an exemption under section 83 of the old Act and, immediately before the commencement day, that application had not been determined—

(a)the old Act continues to apply to the determination; and

(b)the exemption may be granted, renewed or revoked in accordance with section 83 of the old Act.

(3)An exemption granted or renewed under subsection (2)(b) may be revoked or renewed in accordance with this Act as if it were an exemption granted under section 89.

195AContinuation of the Board of the Commission

The Board of the Commission continues to be the same body despite the change in its membership.

195BInterim chairperson

Despite section 168, if on the commencement day, a chairperson or acting chairperson has not been appointed, the members of the Board may elect a member to preside at meetings until a chairperson or acting chairperson is appointed.

195CCommissioner

(1)The person who, immediately before the commencement day, held office as the Commissioner is taken, on and from the commencement day to be the Commissioner for the remainder of his or her term of appointment, subject to the same terms and conditions of appointment, as if he or she had been appointed under section 170.

(2)Section 172 of the old Act continues to apply to the Commissioner, despite the repeal of the old Act.

(3)On the commencement day, the person who, immediately before the commencement day, held office as the Commissioner ceases to be a member of the Board.

196Tribunal may make orders of a transitional nature

(1)If any difficulty arises in a proceeding because of the operation of this Part, the Tribunal may make any order it considers appropriate to resolve the difficulty.

(2)The Tribunal may make such an order on the application of any party to the proceeding or on its own initiative.

Division 3—Transitional provisions relating to the Change or Suppression (Conversion) Practices Prohibition Act 2021

197Definitions

In this Division—

commencement day means the day on which Part 5 of the Change or Suppression (Conversion) Practices Prohibition Act 2021 comes into operation;

old Act means the Equal Opportunity Act 2010, as in force immediately before the commencement day.

198Conduct, disputes and investigations before commencement day

(1)This section applies to—

(a)conduct engaged in before the commencement day; and

(b)a dispute brought to the Commission before the commencement day that had not ended before the commencement day; and

(c)an investigation of the Commission that had not been finally determined before the commencement day.

(2)The old Act continues to apply in relation to the conduct, dispute or investigation, as the case requires, as if the amendments made by Part 5 of the Change or Suppression (Conversion) Practices Prohibition Act 2021 had not been made.

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 10 March 2010

Legislative Council: 25 March 2010

The long title for the Bill for this Act was "A Bill for an Act to re-enact and extend the law relating to equal opportunity and protection against discrimination, sexual harassment and victimisation, to repeal the Equal Opportunity Act 1995, to make consequential amendments to other Acts and for other purposes."

The Equal Opportunity Act 2010 was assented to on 27 April 2010 and came into operation as follows:

Sections 1, 2 and 211–214 on 28 April 2010: section 2(1); sections 3–144, 148–172, 174–210 and Schedule on 1 August 2011: section 2(4).

Sections 145–147 never proclaimed, repealed by No. 26/2011 section 21.

Section 173 never proclaimed, repealed by No. 26/2011 section 25.

Sections 215, 216 never proclaimed, repealed by No. 26/2011 section 33.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Equal Opportunity Act 2010 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Equal Opportunity Act 2010, No. 16/2010

Assent Date:	27.4.10
Commencement Date:	S. 210 on 1.8.12: s. 210
CurrentState:	This information relates only to the provision/s amending the Equal Opportunity Act 2010

Equal Opportunity Amendment Act 2011, No. 26/2011 (as amended by No. 81/2011)

Assent Date:	21.6.11
Commencement Date:	Ss 4–34, Sch. on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Equal Opportunity Act 2010

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 34) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Equal Opportunity Act 2010

Criminal Procedure Amendment (Double Jeopardy and Other Matters) Act 2011, No. 81/2011

Assent Date:	21.12.11
Commencement Date:	S. 22(6) on 27.4.10: s. 2(3)
Current State:	This information relates only to the provision/s amending the Equal Opportunity Act 2010

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 57) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Equal Opportunity Act 2010

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 16) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
Current State:	This information relates only to the provision/s amending the Equal Opportunity Act 2010

Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014, No. 81/2014

Assent Date:	21.10.14
Commencement Date:	Ss 6, 7 on 1.9.15: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Equal Opportunity Act 2010

Change or Suppression (Conversion) Practices Prohibition Act 2021, No. 3/2021

Assent Date:	16.2.21
Commencement Date:	Ss 59–61 on 26.10.21: Special Gazette (No. 580) 19.10.21 p. 1; ss 62, 63 on 17.2.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Equal Opportunity Act 2010

Spent Convictions Act 2021, No. 13/2021

Assent Date:	30.3.21
Commencement Date:	Ss 27, 28 on 1.12.21: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Equal Opportunity Act 2010

Industrial Relations Legislation Amendment Act 2021, No. 14/2021

Assent Date:	11.5.21
Commencement Date:	Ss 25, 26 on 1.7.21: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Equal Opportunity Act 2010

Equal Opportunity (Religious Exceptions) Amendment Act 2021, No. 56/2021

Assent Date:	14.12.21
Commencement Date:	Ss 3–9 on 14.6.22: s. 2(2); ss 10–12 on 14.12.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Equal Opportunity Act 2010

Sex Work Decriminalisation Act 2022, No. 7/2022

Assent Date:	1.3.22
Commencement Date:	Ss 34–36 on 10.5.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Equal Opportunity Act 2010

Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022

Assent Date:	29.3.22
Commencement Date:	S. 73 on 30.3.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Equal Opportunity Act 2010

Justice Legislation Amendment Act 2022, No. 20/2022

Assent Date:	31.5.22
Commencement Date:	S. 8 on 1.6.22: s. 2(1); s. 7 on 19.7.22: Special Gazette (No. 365) 19.7.22 p. 1
Current State:	This information relates only to the provision/s amending the Equal Opportunity Act 2010

Justice Legislation Amendment (Anti-vilification and Social Cohesion) Act 2025, No. 11/2025

Assent Date:	8.4.25
Commencement Date:	S. 32 on 20.9.25: s. 2(3)
Current State:	This information relates only to the provision/s amending the Equal Opportunity Act 2010

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

No entries at date of publication.