Untitled document

Equal Opportunity (Gender Identity and Sexual

Orientation) Act 2000

Act No. 52/2000

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Principal Act	2
4.	Definitions	2
5.	Discrimination on the basis of gender identity or sexual
orientation	3
6.	New section 27B inserted	3

27B. Exception—gender identity 3

7.	Discrimination in competitive sporting activities	4
8.	New section 224 inserted	4

224.        Transitional provisions—Equal Opportunity (Gender

Identity and Sexual Orientation) Act 2000 4

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ENDNOTES 6

i

Victoria

No. 52 of 2000

Equal Opportunity (Gender Identity

and Sexual Orientation) Act 2000†

[Assented to 12 September 2000]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Equal Opportunity Act 1995 to prohibit discrimination on the basis of gender identity or sexual orientation.

2. Commencement

(1) Subject to sub-section (2), this Act comes into

operation on a day or days to be proclaimed.

Equal Opportunity (Gender Identity and Sexual Orientation) Act
2000

s. 3 Act No. 52/2000

(2) If a provision of this Act does not come into

operation before 1 January 2001, it comes into

operation on that day.

3. Principal Act

No. 42/1995.	In this Act, the Equal Opportunity Act 1995 is
Reprint No. 3
as at 1 July	called the Principal Act.
1998.

4. Definitions

(1) In section 4 of the Principal Act, after the

definition of "firm" insert— ' "gender identity" means—

(a) the identification on a bona fide basis by a person of one sex as a member of the other sex (whether or not the person

is recognised as such)—

(i) other sex, whether by means of

by assuming characteristics of the dressing or otherwise; or

(ii)  by living, or seeking to live, as a member of the other sex; or

(b) the identification on a bona fide basis by a person of indeterminate sex as a member of a particular sex (whether or

not the person is recognised as such)—

(i)  by assuming characteristics of that sex, whether by means of medical intervention, style of dressing or

otherwise; or

(ii)  by living, or seeking to live, as a member of that sex;'.

(2) In section 4 of the Principal Act, after the
definition of "services" insert—
Equal Opportunity (Gender Identity and Sexual Orientation) Act
2000

Act No. 52/2000 s. 5

' "sexual orientation" means homosexuality

(including lesbianism), bisexuality or
heterosexuality;'.

5.  Discrimination on the basis of gender identity or sexual orientation

(1) In section 6 of the Principal Act, before

paragraph (b) insert— "(ac) gender identity;".

(2) In section 6 of the Principal Act, after

paragraph (e) insert—

"(ea) parental status or status as a carer;".

(3) In section 6 of the Principal Act, for paragraph (l)

substitute—

"(l) sexual orientation;".

6. New section 27B inserted

After section 27A of the Principal Act insert—

"27B. Exception—gender identity

(1) An employer may discriminate against

another person on the basis of gender
identity in any of the areas specified in

section 13 or 14 if—

(a)	the person does not give the employer adequate notice of the person's gender identity; or
(b)	the person gives the employer adequate notice of the person's gender identity but it is unreasonable in the circumstances for the employer not to discriminate against the person.

(2) In determining whether or not it is

unreasonable for the employer not to
discriminate against the person, all relevant

Equal Opportunity (Gender Identity and Sexual Orientation) Act
2000

s. 7 Act No. 52/2000

facts and circumstances must be considered,

including—

(a)	the cost to the employer of not discriminating;
(b)	the feasibility of the employer not discriminating;
(c)	the financial impact on the employer of not discriminating;
(d)	the financial circumstances of the employer;
(e)	the impact of the proposed discrimination on the person;

(f) any other relevant factors.".

7. Discrimination in competitive sporting activities

In section 66(1) of the Principal Act, after "sex" insert "or with a gender identity".

8. New section 224 inserted

At the end of Part 12 of the Principal Act insert—

"224. Transitional provisions—Equal

Opportunity (Gender Identity and Sexual

Orientation) Act 2000

(1) Subject to this Act, a complaint may be

lodged after the commencement of section alleging a contravention of this Act constituted by discrimination on the basis of sexual orientation, whether the alleged contravention took place before or after that commencement.

5(3) of the Equal Opportunity (Gender

(2) A complaint cannot be lodged as provided

by sub-section (1) if the alleged
contravention—

Equal Opportunity (Gender Identity and Sexual Orientation) Act
2000

Act No. 52/2000	s. 8
(a)	took place before the commencement of section 5(3) of the Equal Opportunity (Gender Identity and Sexual

Orientation) Act 2000; and

(b) had been the subject matter of a complaint lodged with the Commission before that commencement.

(3) A complaint lodged with the Commission

before the commencement of section 5(3) of
the Equal Opportunity (Gender Identity
and Sexual Orientation) Act 2000 but not
finally disposed of immediately before that
commencement must continue to be dealt
with under this Act as if section 5(3) of that

Act had not come into operation.".

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Equal Opportunity (Gender Identity and Sexual Orientation) Act
2000

Endnotes Act No. 52/2000

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 13 April 2000

Legislative Council: 30 August 2000

The long title for the Bill for this Act was "to amend the Equal
Opportunity Act 1995 to prohibit discrimination on the basis of gender
identity or sexual orientation and for other purposes."