DISCRIMINATION ACT 1991 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 2. Dictionary 3. Notes 4. Objects 4A. Meaning of doing an act 5AA. Meaning of disability 5A. Meaning of potential pregnancy 6. MLAs as employers 6A. Offences against Act--application of Criminal Code etc PART 2--DISCRIMINATION TO WHICH ACT APPLIES 7. Grounds 8. What constitutes discrimination 9. Disability--guide-dogs etc PART 3--UNLAWFUL DISCRIMINATION Division 3.1--Discrimination in work 10. Applicants and employees 11. Employees--religious practice 12. Commission agents 13. Contract workers 14. Partnerships 15. Professional or trade organisations 16. Qualifying bodies 17. Employment agencies Division 3.2--Discrimination in other areas 18. Education 19. Access to premises 20. Goods, services and facilities 21. Accommodation 22. Clubs 23. Requests etc for information PART 4--EXCEPTIONS TO UNLAWFUL DISCRIMINATION Division 4.1--General exceptions 24. Domestic duties 25. Residential care of children 25A. Adoption 26. Domestic accommodation etc 26A. Preselection by employment agencies 27. Measures intended to achieve equality 28. Insurance 29. Superannuation 30. Acts done under statutory authority etc 31. Voluntary bodies 32. Religious bodies 33. Educational institutions conducted for religious purposes Division 4.2--Exceptions about sex, relationship status, pregnancy or breastfeeding 34. Genuine occupational qualifications--sex 35. Employment of couple 36. Educational institutions for members of one sex 37. Pregnancy, childbirth or breastfeeding 38. Services for members of one sex 39. Accommodation provided for employees, contract workers or students 40. Clubs for members of one sex etc 41. Sport Division 4.3--Exceptions relating to race 42. Genuine occupational qualifications--race 43. Clubs for members of one race etc Division 4.4--Exceptions relating to religious or political convictions 44. Religious workers 45. Political workers etc 46. Religious educational institutions Division 4.5--Exceptions relating to disability 47. Unjustifiable hardship 48. Genuine occupational qualifications--disability 49. Work related discrimination 50. Discrimination by qualifying bodies etc 51. Discrimination by educational institutions 52. Discrimination relating to access to premises 53. Discrimination in the provision of goods and services 54. Discrimination relating to accommodation 55. Discrimination by clubs 56. Public health 57. Sport Division 4.6--Exceptions relating to age 57A. Genuine occupational qualifications--age 57B. Youth wages 57C. Employment and work--health and safety 57E. Education--minimum-age admissions 57G. Legal incapacity 57H. Benefits and concessions 57J. Goods, services and facilities--health and safety 57K. Recreational tours and accommodation 57L. Clubs 57M. Sport Division 4.7--Exceptions relating to profession, trade, occupation or calling 57N. Discrimination in profession, trade, occupation or calling PART 5--SEXUAL HARASSMENT 58. Meaning of sexual harassment for pt 5 59. Employment etc 60. Educational institutions 61. Access to premises 62. Provision of goods, services and facilities 63. Accommodation 64. Clubs PART 6--RACIAL, SEXUALITY AND HIV/AIDS VILIFICATION 65. Definitions for pt 6 66. Unlawful vilification--race, sexuality etc 67. Serious vilification offence--race, sexuality etc PART 7--OTHER UNLAWFUL ACTS 68. Victimisation 69. Unlawful advertising PART 8--GENERAL PRINCIPLES ABOUT UNLAWFUL ACTS 70. Onus of establishing exception etc 71. Unlawful act not an offence 72. Unlawful act no basis for civil action 73. Aiding etc unlawful acts PART 10--EXEMPTIONS 109. Grant of exemptions 110. Review by ACAT PART 12--MISCELLANEOUS 121. Secrecy 121A. Acts and omissions of representatives 122. Relationship to other laws 123. Regulation-making power DICTIONARY ENDNOTES DISCRIMINATION ACT 1991 - LONG TITLE An Act to make certain kinds of discrimination unlawful and to provide for related matters DISCRIMINATION ACT 1991 - SECT 1 Name of Act This Act is the Discrimination Act 1991. DISCRIMINATION ACT 1991 - SECT 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere in this Act. For example, the signpost definition '"discriminate"--see section 8.' means that the word 'discriminate' is defined in section 8. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). DISCRIMINATION ACT 1991 - SECT 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. DISCRIMINATION ACT 1991 - SECT 4 Objects The objects of this Act are-- (a) to eliminate, so far as possible, discrimination to which this Act applies in the areas of work, education, access to premises, the provision of goods, services, facilities and accommodation and the activities of clubs; and (b) to eliminate, so far as possible, sexual harassment in those areas; and (c) to promote recognition and acceptance within the community of the equality of men and women; and (d) to promote recognition and acceptance within the community of the principle of equality of opportunity for all people. DISCRIMINATION ACT 1991 - SECT 4A Meaning of doing an act (1) In this Act: "doing" an act includes failing to do the act. Note The Legislation Act, dict, pt 1 defines fail to include refuse. (2) In this Act, a reference to doing" "an act because of a particular matter includes a reference to doing an act because of 2 or more matters that include the particular matter, whether or not the particular matter is the dominant or substantial reason for doing the act. DISCRIMINATION ACT 1991 - SECT 5AA Meaning of disability (1) In this Act: "disability" means-- (a) total or partial loss of a bodily function; or (b) total or partial loss of a part of the body; or (c) malfunction of a part of the body; or (d) malformation or disfigurement of a part of the body; or (e) the presence in the body of organisms that cause or are capable of causing disease; or (f) an illness or condition which impairs a person's thought processes, perception of reality, emotions or judgment or which results in disturbed behaviour; or (g) an intellectual disability or developmental delay. (2) Except in section 49 (Work related discrimination) and section 50 (Discrimination by qualifying bodies etc), "disability" includes a disability-- (a) that the person has, or is thought to have (whether or not the person in fact has the disability); or (b) that the person had in the past, or is thought to have had in the past (whether or not the person in fact had the disability); or (c) that the person will have in the future, or is thought will have in the future (whether or not the person in fact will have the disability). DISCRIMINATION ACT 1991 - SECT 5A Meaning of potential pregnancy In this Act: "potential pregnancy", of a woman, includes-- (a) the fact that the woman is or may be capable of bearing children; and (b) the fact that the woman has expressed a desire to become pregnant; and (c) the fact that the woman is likely, or is perceived as being likely, to become pregnant. DISCRIMINATION ACT 1991 - SECT 6 MLAs as employers (1) For this Act, a member of the Legislative Assembly (in his or her capacity as an office-holder or otherwise) is taken to be an employer in relation to a person who is, or who is seeking to be, employed under the Legislative Assembly (Members' Staff) Act 1989, section 5 or 10 as a member of the staff of the member. (2) In this section: "office-holder"--see the Legislative Assembly (Members' Staff) Act 1989, dictionary. DISCRIMINATION ACT 1991 - SECT 6A Offences against Act--application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. DISCRIMINATION ACT 1991 - SECT 7 Grounds (1) This Act applies to discrimination on the ground of any of the following attributes: (a) sex; (b) sexuality; (c) transsexuality; (d) relationship status; (e) status as a parent or carer; (f) pregnancy; (g) breastfeeding; (h) race; (i) religious or political conviction; (j) disability; (k) membership or nonmembership of an association or organisation of employers or employees; (l) age; (m) profession, trade, occupation or calling; (n) association (whether as a relative or otherwise) with a person identified by reference to an attribute referred to in another paragraph of this subsection; (o) spent conviction within the meaning of the Spent Convictions Act 2000. (2) In this Act, a reference to an attribute mentioned in subsection (1) includes-- (a) a characteristic that people with that attribute generally have; and (b) a characteristic that people with that attribute are generally presumed to have; and (c) such an attribute that a person is presumed to have; and (d) such an attribute that the person had in the past but no longer has. DISCRIMINATION ACT 1991 - SECT 8 What constitutes discrimination (1) For this Act, a person discriminates against another person if-- (a) the person treats or proposes to treat the other person unfavourably because the other person has an attribute referred to in section 7; or (b) the person imposes or proposes to impose a condition or requirement that has, or is likely to have, the effect of disadvantaging people because they have an attribute referred to in section 7. (2) Subsection (1) (b) does not apply to a condition or requirement that is reasonable in the circumstances. (3) In deciding whether a condition or requirement is reasonable in the circumstances, the matters to be taken into account include-- (a) the nature and extent of the resultant disadvantage; and (b) the feasibility of overcoming or mitigating the disadvantage; and (c) whether the disadvantage is disproportionate to the result sought by the person who imposes or proposes to impose the condition or requirement. DISCRIMINATION ACT 1991 - SECT 9 Disability--guide-dogs etc (1) For this Act, a person discriminates against another person on the ground of disability if the discriminator treats the other person unfavourably because that person possesses or is accompanied by a guide-dog, a hearing dog, assistance animal or some other aid associated with the disability, whether or not it is the discriminator's practice to treat unfavourably people who possess or are accompanied by dogs, assistance animals or other things. (2) This section does not limit the operation of section 8 in relation to discrimination on the ground of disability. (3) This Act does not affect the liability of a person who is blind or deaf or has any other disability for any injury, loss or damage caused by a guide-dog, hearing dog, assistance animal or other aid. (4) In this section: "assistance animal" means an animal trained to assist a person to alleviate the effect of the person's disability. "blind" includes partially blind. "deaf" includes partially deaf. "guide-dog" means a dog that has been trained in the guidance of the blind and is, or is to be, used for the guidance of a blind person. "hearing dog" means a dog that has been trained in the assistance of the deaf and is, or is to be, used for the assistance of a deaf person. DISCRIMINATION ACT 1991 - SECT 10 Applicants and employees (1) It is unlawful for an employer to discriminate against a person-- (a) in the arrangements made for the purpose of deciding who should be offered employment; or (b) in deciding who should be offered employment; or (c) in the terms or conditions on which employment is offered. (2) It is unlawful for an employer to discriminate against an employee-- (a) in the terms or conditions of employment that the employer affords the employee; or (b) by denying the employee access, or limiting the employee's access, to opportunities for promotion, transfer or training or to any other benefit associated with employment; or (c) by dismissing the employee; or (d) by subjecting the employee to any other detriment. (3) To remove any doubt, an employer discriminates against an employee if the employer denies the employee access to a benefit associated with employment because the employee is in a same-sex relationship. Example of discrimination denying an employee who is in a same-sex relationship access to parental leave that is available to other parents Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (4) Subsection (3) is in addition to, and does not limit, any other provision of this Act that provides what is, or is not, discrimination under this Act. DISCRIMINATION ACT 1991 - SECT 11 Employees--religious practice It is unlawful for an employer to discriminate against an employee on the ground of religious conviction by refusing the employee permission to carry out a religious practice during working hours, being a practice-- (a) of a kind recognised as necessary or desirable by people of the same religious conviction as that of the employee; and (b) the performance of which during working hours is reasonable having regard to the circumstances of the employment; and (c) that does not subject the employer to unreasonable detriment. DISCRIMINATION ACT 1991 - SECT 12 Commission agents (1) It is unlawful for a principal to discriminate against a person-- (a) in the arrangements made for the purpose of deciding who should be engaged as a commission agent; or (b) in deciding who should be engaged as a commission agent; or (c) in the terms or conditions on which engagement as a commission agent is offered. (2) It is unlawful for a principal to discriminate against a commission agent-- (a) in the terms or conditions that the principal affords the agent; or (b) by denying the agent access, or limiting the agent's access, to opportunities for promotion, transfer or training or to any other benefit associated with the position as an agent; or (c) by terminating the engagement; or (d) by subjecting the agent to any other detriment. DISCRIMINATION ACT 1991 - SECT 13 Contract workers It is unlawful for a principal to discriminate against a contract worker-- (a) in the terms or conditions on which the principal allows the contract worker to work; or (b) by not allowing the contract worker to work or continue to work; or (c) by denying the contract worker access, or limiting the contract worker's access, to any benefit associated with the relevant work; or (d) by subjecting the contract worker to any other detriment. DISCRIMINATION ACT 1991 - SECT 14 Partnerships (1) It is unlawful for any people who are proposing to form themselves into a partnership to discriminate against a person-- (a) in deciding who should be invited to become a partner in the partnership; or (b) in the terms or conditions on which the person is invited to become a partner in the partnership. (2) It is unlawful for a partner in a partnership to discriminate against a person-- (a) in deciding who should be invited to become a partner in the partnership; or (b) in the terms or conditions on which the person is invited to become a partner in the partnership. (3) It is unlawful for a partner in a partnership to discriminate against another partner in the partnership-- (a) by denying the partner access, or limiting the partner's access, to any benefit arising from being a partner in the partnership; or (b) by expelling the partner from the partnership; or (c) by subjecting the partner to any other detriment. DISCRIMINATION ACT 1991 - SECT 15 Professional or trade organisations (1) In this section: "organisation" means an association or organisation of employers or employees. (2) It is unlawful for an organisation, the committee of management of an organisation or a member of the committee of management of an organisation to discriminate against a person who is not a member of the organisation-- (a) by failing to accept the person's application for membership; or (b) in the terms or conditions on which the organisation is prepared to admit the person to membership. Note The Legislation Act, dict, pt 1 defines fail to include refuse. (3) It is unlawful for an organisation, the committee of management of an organisation or a member of the committee of management of an organisation to discriminate against a member of the organisation-- (a) by denying the member access, or limiting the member's access, to any benefit provided by the organisation; or (b) by depriving the member of membership or varying the terms of membership; or (c) by subjecting the member to any other detriment. DISCRIMINATION ACT 1991 - SECT 16 Qualifying bodies It is unlawful for an authority or body that is empowered to confer, renew, extend, revoke or withdraw an authorisation or qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to discriminate against a person-- (a) by failing to confer, renew or extend the authorisation or qualification; or (b) in the terms or conditions on which it is prepared to confer, renew or extend the authorisation or qualification; or (c) by revoking or withdrawing the authorisation or qualification or varying the terms or conditions on which it is held; or (d) by subjecting the person to any other detriment. Note The Legislation Act, dict, pt 1 defines fail to include refuse. DISCRIMINATION ACT 1991 - SECT 17 Employment agencies It is unlawful for an employment agency to discriminate against a person-- (a) by refusing to provide the person with any of its services; or (b) in the terms or conditions on which it offers to provide the person with any of its services; or (c) in the way in which it provides the person with any of its services; or (d) by subjecting the person to any other detriment. DISCRIMINATION ACT 1991 - SECT 18 Education (1) It is unlawful for an educational authority to discriminate against a person-- (a) by failing to accept the person's application for admission as a student; or (b) in the terms or conditions on which it is prepared to admit the person as a student. Note The Legislation Act, dict, pt 1 defines fail to include refuse. (2) It is unlawful for an educational authority to discriminate against a student-- (a) by denying the student access, or limiting the student's access, to any benefit provided by the authority; or (b) by expelling the student; or (c) by subjecting the student to any other detriment. DISCRIMINATION ACT 1991 - SECT 19 Access to premises It is unlawful for a person to discriminate against another person-- (a) by refusing to allow the other person access to, or the use of, any premises (public premises) that the public or a section of the public is entitled or allowed to enter or use (whether for payment or not); or (b) in the terms or conditions on which the discriminator is prepared to allow the other person access to, or the use of, public premises; or (c) in relation to the provision of means of access to public premises; or (d) by refusing to allow the other person the use of any facilities (public facilities) in public premises that the public or a section of the public is entitled or allowed to use (whether for payment or not); or (e) in the terms or conditions on which the discriminator is prepared to allow the other person the use of public facilities; or (f) by requiring the other person to leave public premises or cease to use such facilities. DISCRIMINATION ACT 1991 - SECT 20 Goods, services and facilities It is unlawful for a person (the provider) who (whether for payment or not) provides goods or services, or makes facilities available, to discriminate against another person-- (a) by refusing to provide those goods or services or make those facilities available to the other person; or (b) in the terms or conditions on which the provider provides those goods or services or makes those facilities available to the other person; or (c) in the way in which the provider provides those goods or services or makes those facilities available to the other person. DISCRIMINATION ACT 1991 - SECT 21 Accommodation (1) It is unlawful for a person (whether as principal or agent) to discriminate against another person-- (a) by refusing the other person's application for accommodation; or (b) in the terms or conditions on which accommodation is offered to the other person; or (c) by deferring the other person's application for accommodation or according to the other person a lower order of precedence in any list of applicants for that accommodation. (2) It is unlawful for a person (whether as principal or agent) to discriminate against another person-- (a) by denying the other person access, or limiting the other person's access, to any benefit associated with accommodation occupied by the other person; or (b) by evicting the other person from accommodation occupied by the other person; or (c) by subjecting the other person to any other detriment in relation to accommodation occupied by the other person. DISCRIMINATION ACT 1991 - SECT 22 Clubs (1) It is unlawful for a club, the committee of management of a club or a member of the committee of management of a club to discriminate against a person who is not a member of the club-- (a) by failing to accept the person's application for membership; or (b) in the terms or conditions on which the club is prepared to admit the person to membership. Note The Legislation Act, dict, pt 1 defines fail to include refuse. (2) It is unlawful for a club, the committee of management of a club or a member of the committee of management of a club to discriminate against a member of the club-- (a) in the terms or conditions of membership that are afforded to the member; or (b) by failing to accept the member's application for a particular class or type of membership; or (c) by denying the member access, or limiting the member's access, to any benefit provided by the club; or (d) by depriving the member of membership or varying the terms of membership; or (e) by subjecting the member to any other detriment. DISCRIMINATION ACT 1991 - SECT 23 Requests etc for information It is unlawful for a person to discriminate against another person by requesting or requiring information (whether by way of completing a form or otherwise) in connection with, or for the purpose of performing, an act that is or would be unlawful under any other provision of this part or under part 5, 6 or 7. DISCRIMINATION ACT 1991 - SECT 24 Domestic duties Section 10 (1) (a) or (b) or section 13 (b) does not make it unlawful for a person (the first person) to discriminate against someone else in relation to a position as an employee or contract worker if the duties of the position involve doing domestic duties on the premises where the first person lives. DISCRIMINATION ACT 1991 - SECT 25 Residential care of children Section 10 (1) (a) or (b) or section 13 (b) does not make it unlawful for a person to discriminate against someone else in relation to a position as an employee or contract worker if the duties of the position involve the care of a child where the child lives. DISCRIMINATION ACT 1991 - SECT 25A Adoption This Act does not prevent the chief executive responsible for administering the Adoption Act 1993 from discriminating against a person in making a decision-- (a) under the Adoption Act 1993, section 16 (1) (a) in relation to the inclusion of the person's name in the register of people seeking the placement of a child for the purposes of adoption; or (b) under the Adoption Act 1993, section 16 (1) (b) in relation to the placement of a child in the custody of that person; or (c) under the Adoption Act 1993, section 17 (4) confirming or varying a decision under that Act, section 16 (1) (a). DISCRIMINATION ACT 1991 - SECT 26 Domestic accommodation etc (1) Section 21 does not make unlawful discrimination in relation to-- (a) the provision of accommodation if-- (i) the person who provides or proposes to provide the accommodation, or a near relative or carer of the person, lives and intends to continue to live on the premises; and (ii) the accommodation provided in the premises is for not more than 6 people, not including the person mentioned in subparagraph (i) and any near relative or carer of the person; or (b) the provision of accommodation by a religious body for members of a relevant class of people; or (c) the provision of accommodation by a charitable or voluntary body for members of a relevant class of people. (2) In this section: "near relative", of a person, means-- (a) a parent, child, grandparent, grandchild, brother or sister of the person; or (b) a domestic partner of the person or of a person mentioned in paragraph (a). Note For the meaning of domestic partner, see Legislation Act, s 169. DISCRIMINATION ACT 1991 - SECT 26A Preselection by employment agencies Part 3 or part 4 does not make unlawful discrimination by an employment agency in the selection of people as suitable for a job vacancy if, had the proposed employer discriminated against the person in the same way, the discrimination would not have been unlawful. DISCRIMINATION ACT 1991 - SECT 27 Measures intended to achieve equality (1) Part 3 does not make it unlawful to do an act if a purpose of the act is-- (a) to ensure that members of a relevant class of people have equal opportunities with other people; or (b) to give members of a relevant class of people access to facilities, services or opportunities to meet the special needs they have as members of the relevant class. (2) However, subsection (1) does not make it lawful to do an act for a purpose mentioned in that subsection if the act discriminates against a member of the relevant class in a way that is not reasonable for the achievement of that purpose. Example for s (1) (a) An employer runs a management skills development course for female employees only. Part 3 does not make this unlawful if a purpose is to ensure that women have equal opportunities (in this case, for career development) with men. Women are 'members of a relevant class of people' (relevant class of people is defined in the dict) because they are a class of people whose members are identified by reference to an attribute mentioned in s 7, in this case, sex in s 7 (1) (a). Example for s (1) (b) A health clinic provides speech therapy for autistic children only. Part 3 does not make this unlawful if a purpose is to give autistic children access to a service that meets their special needs as autistic children. Autistic children are 'members of a relevant class of people' because they are a class of people whose members are identified by reference to 2 attributes mentioned in s 7, in this case, disability in s 7 (1) (j) and age in s 7 (1) (l) (the Legislation Act, s 145 (b) provides that words in the singular include the plural ie 'attribute' in the def of relevant class of people can mean 'attributes'). DISCRIMINATION ACT 1991 - SECT 28 Insurance Part 3 does not make it unlawful for a person (the first person) to discriminate against someone else (the second person) in relation to the terms on which an annuity or policy of insurance is offered to, or may be obtained by, the second person, if the discrimination is reasonable in the circumstances, having regard to any actuarial or statistical data on which it is reasonable for the first person to rely. DISCRIMINATION ACT 1991 - SECT 29 Superannuation (1) Part 3 does not make it unlawful for a person to discriminate against another person in the terms or conditions relating to a superannuation or provident fund or scheme. (2) For discrimination on the ground of age, subsection (1) applies only if-- (a) the discrimination is due to the application of a standard in force under the Superannuation Industry (Supervision) Act 1993 (Cwlth); or (b) the discrimination is for the purpose of-- (i) complying with; or (ii) avoiding a penalty under; or (iii) obtaining a benefit under; any other Act of the Commonwealth; or (c) the discrimination is-- (i) based on actuarial or statistical data on which it is reasonable to rely; and (ii) reasonable having regard to the data and any other relevant factors; or (d) if there are no actuarial or statistical data on which it is reasonable to rely--the discrimination is-- (i) based on other data on which it is reasonable to rely; and (ii) reasonable having regard to that data and any other relevant factors; or (e) if there are no data at all on which it is reasonable to rely--the discrimination is reasonable having regard to any other relevant factors. (3) Subsection (2) applies in relation to a new superannuation fund condition irrespective of-- (a) whether the fund was in existence immediately before 4 March 1994; and (b) when the person to whom the discrimination relates became a member of the fund. (4) Subsection (2) does not apply in relation to an existing superannuation fund condition if the person to whom the discrimination relates became a member of the fund before, or not later than 12 months after, 4 March 1994. (5) In this section: "existing superannuation fund condition" means a superannuation fund condition in existence immediately before 4 March 1994. "new superannuation fund condition" means-- (a) a superannuation fund condition that came into existence on or after 4 March 1994; or (b) an alteration made on or after 4 March 1994 to an existing superannuation fund condition. DISCRIMINATION ACT 1991 - SECT 30 Acts done under statutory authority etc (1) This Act does not make unlawful anything done necessarily for the purpose of complying with a requirement of-- (a) a Territory law; or (b) a determination or direction made under a Territory law; or (c) an order of a court; or (d) an order of the ACAT. (2) The Minister may, in writing, declare that subsection (1) (a) and (b) expire on a day stated in the declaration. (3) The declaration is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. (4) Subsection (1) (a) and (b) and this subsection expire on the day stated in the declaration. DISCRIMINATION ACT 1991 - SECT 31 Voluntary bodies Part 3 does not make it unlawful for a voluntary body to discriminate against a person in relation to-- (a) the admission of people as members of the body; or (b) the provision of benefits, facilities or services to people, whether the people are members of the body or otherwise. DISCRIMINATION ACT 1991 - SECT 32 Religious bodies Part 3 does not apply in relation to-- (a) the ordination or appointment of priests, ministers of religion or members of any religious order; or (b) the training or education of people seeking ordination or appointment as priests, ministers of religion or members of a religious order; or (c) the selection or appointment of people to exercise functions for the purposes of, or in connection with, any religious observance or practice; or (d) any other act or practice of a body established for religious purposes, if the act or practice conforms to the doctrines, tenets or beliefs of that religion and is necessary to avoid injury to the religious susceptibilities of adherents of that religion. DISCRIMINATION ACT 1991 - SECT 33 Educational institutions conducted for religious purposes (1) Section 10 or 13 does not make it unlawful for a person (the first person) to discriminate against someone else in relation to-- (a) employment as a member of the staff of an educational institution; or (b) a position as a contract worker that involves doing work in an educational institution; if the institution is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, and the first person so discriminates in good faith to avoid injury to the religious susceptibilities of adherents of that religion or creed. (2) Section 18 does not make it unlawful for a person (the first person) to discriminate against someone else in relation to the provision of education or training by an educational institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, if the first person so discriminates in good faith to avoid injury to the religious susceptibilities of adherents of that religion or creed. DISCRIMINATION ACT 1991 - SECT 34 Genuine occupational qualifications--sex (1) Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or section 14 (1) (a) or (2) (a) does not make it unlawful for a person to discriminate against someone else (the relevant person) on the ground of sex in relation to a position as an employee, commission agent, contract worker or partner if it is a genuine occupational qualification for the position that the position be filled by a person of the opposite sex to the relevant person. (2) Without limiting subsection (1), it is a genuine occupational qualification, in relation to a particular position, to be a person of a particular sex (the "relevant sex") if-- (a) the duties of the position can be performed only by a person having particular physical attributes (other than attributes of strength or stamina) that are not possessed by people not of the relevant sex; or (b) the duties of the position involve performing in a dramatic performance or other entertainment in a role that, for reasons of authenticity, aesthetics or tradition is required to be performed by a person of the relevant sex; or (c) the duties of the position involve participating as an artist's or photographic model in the production of a work of art, visual image or sequence of visual images for which a person of the relevant sex is required for reasons of authenticity; or (d) the duties of the position need to be performed by a person of the relevant sex to preserve decency or privacy because they involve the fitting of clothing for people of that sex; or (e) the duties of the position include the conduct of searches of the clothing or bodies of people of the relevant sex; or (f) the occupant of the position is required to enter a lavatory ordinarily used by people of the relevant sex while the lavatory is in use by people of that sex; or (g) the occupant of the position is required to live on premises provided by the employer or principal and-- (i) the premises are not equipped with separate sleeping accommodation or sanitary facilities for people of each sex; and (ii) the premises are already occupied by a person of the relevant sex and are not occupied by any person not of the relevant sex; and (iii) it is not reasonable to expect the employer or principal to provide separate sleeping accommodation or sanitary facilities for people of each sex; or (h) the occupant of the position is required to enter areas ordinarily used only by people of the relevant sex while those people are in a state of undress; or (i) the duties of the position involve providing people of the relevant sex with services for the purpose of promoting their welfare if those services can most effectively be provided by a person of that sex; or (j) the position is declared under the regulations to be a position in relation to which it is a genuine occupational qualification to be a person of a particular sex. DISCRIMINATION ACT 1991 - SECT 35 Employment of couple Part 3 does not make unlawful discrimination against a person on the grounds of relationship status in relation to a job that is 1 of 2 jobs to be held by a couple in a domestic partnership. Note For the meaning of domestic partnership, see Legislation Act, s 169. DISCRIMINATION ACT 1991 - SECT 36 Educational institutions for members of one sex Section 18 does not make unlawful discrimination on the ground of sex in relation to a failure to accept a person's application for admission as a student at an educational institution that is conducted solely for students of the opposite sex to that of the applicant. Note The Legislation Act, dict, pt 1 defines fail to include refuse. DISCRIMINATION ACT 1991 - SECT 37 Pregnancy, childbirth or breastfeeding Part 3 does not make it unlawful for a person to discriminate against a man on the ground of sex only because the person gives a woman rights or privileges in relation to pregnancy, childbirth or breastfeeding. DISCRIMINATION ACT 1991 - SECT 38 Services for members of one sex Part 3 does not make unlawful discrimination on the ground of sex in relation to the provision of services the nature of which is such that they can only be provided to members of one sex. DISCRIMINATION ACT 1991 - SECT 39 Accommodation provided for employees, contract workers or students (1) Part 3, in its application in relation to discrimination on the ground of sex, relationship status, pregnancy or breastfeeding, does not make it unlawful for an employer or principal who provides accommodation to employees or contract workers to provide accommodation of different standards to different employees or contract workers if-- (a) the standard of the accommodation provided is decided having regard to the number of people in the household of the employee or contract worker; and (b) it is not reasonable to expect the employer or principal to provide accommodation of the same standard for all employees or contract workers. (2) Part 3 does not make unlawful discrimination on the ground of sex in relation to the provision of accommodation if the accommodation is provided solely for people of one sex who are students at an educational institution. DISCRIMINATION ACT 1991 - SECT 40 Clubs for members of one sex etc (1) Section 22 does not make it unlawful to discriminate against a person on the ground of that person's sex if membership of the relevant club is available only to people of the opposite sex. (2) Section 22 (1) (b) or (2) does not make it unlawful to discriminate against a person on the ground of sex if the discrimination occurs in relation to the use or enjoyment of any benefit provided by the relevant club if-- (a) it is not practicable for the benefit to be used or enjoyed, either simultaneously or to the same extent, by both men and women; and (b) either-- (i) the same, or an equivalent, benefit is provided for the use of men and women separately from each other; or (ii) men and women are each entitled to a fair and reasonable proportion of the use and enjoyment of the benefit. (3) In deciding any matter relating to the application of subsection (2), the following must be taken into account: (a) the purposes for which the club is established; (b) the membership of the club, including any class or type of membership; (c) the nature of the benefits provided by the club; (d) the opportunities for the use and enjoyment of those benefits by men and women; (e) any other relevant circumstances. DISCRIMINATION ACT 1991 - SECT 41 Sport (1) Part 3 does not make unlawful discrimination on the ground of sex in relation to the exclusion of people of one sex from participation in any competitive sporting activity in which the strength, stamina or physique of competitors is relevant. (2) Subsection (1) does not apply in relation to the exclusion of people from participation in-- (a) the coaching of people engaged in any sporting activity; or (b) the umpiring or refereeing of any sporting activity; or (c) the administration of any sporting activity; or (d) any prescribed sporting activity. DISCRIMINATION ACT 1991 - SECT 42 Genuine occupational qualifications--race (1) Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or section 14 (1) (a) or (2) (a) does not make it unlawful for a person to discriminate against someone else (the relevant person) on the ground of race in relation to a position as an employee, commission agent, contract worker or partner if it is a genuine occupational qualification for the position that the position be filled by a person of a different race to the relevant person. (2) Without limiting subsection (1), it is a genuine occupational qualification, in relation to a particular position, to be a person of a particular race if-- (a) the duties of the position involve participating in a dramatic performance or other entertainment in a role that, for reasons of authenticity, aesthetics or tradition is required to be performed by a person of that race; or (b) the duties of the position involve participating as an artist's or photographic model in the production of a work of art, visual image or sequence of visual images for which a person of that race is required for reasons of authenticity; or (c) the duties of the position involve working in a place where food or drink is (whether for payment or not) provided to and consumed by people in circumstances in which a person of that race is required for reasons of authenticity; or (d) the duties of the position involve providing people of that race with services for the purpose of promoting their welfare, if those services can most effectively be provided by a person of that race; or (e) the position is declared under the regulations to be a position in relation to which it is a genuine occupational qualification to be a person of a particular race. DISCRIMINATION ACT 1991 - SECT 43 Clubs for members of one race etc (1) Section 22 does not make unlawful discrimination on the ground of race in relation to a club that has as its principal object providing benefits for people of a stated race if those people are described other than-- (a) by reference to colour; or (b) in a way that has the effect of excluding some members of that race on the basis of colour. (2) In deciding what the principal object of the club is for subsection (1), the following must be taken into account: (a) the essential character of the club; (b) if the people mainly enjoying the benefits of membership are of the race stated in the principal object; (c) any other relevant circumstance. DISCRIMINATION ACT 1991 - SECT 44 Religious workers Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or section 14 (1) (a) or (2) (a) does not make unlawful-- (a) discrimination on the ground of religious conviction by an educational authority in relation to employment or work in an educational institution conducted by the authority; or (b) discrimination on the ground of religious conviction by a religious body in relation to employment or work in a hospital or other place conducted by the body in which health services are provided; if the duties of the employment or work involve, or would involve, the participation by the employee or worker in the teaching, observance or practice of the relevant religion. DISCRIMINATION ACT 1991 - SECT 45 Political workers etc Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or section 14 (1) (a) or (2) (a) does not make unlawful discrimination on the ground of political conviction in relation to employment or work-- (a) as an adviser to, or a member of the staff of, a Minister, the Speaker of the Legislative Assembly or a member of the Legislative Assembly; or (b) as an officer or employee of, or a worker for, a political party; or (c) as a member of the electoral staff of a person; or (d) in any other similar employment or work. DISCRIMINATION ACT 1991 - SECT 46 Religious educational institutions Section 18 does not make unlawful discrimination on the ground of religious conviction in relation to a failure to accept a person's application for admission as a student at an educational institution that is conducted solely for students having a religious conviction other than that of the applicant. Note The Legislation Act, dict, pt 1 defines fail to include refuse. DISCRIMINATION ACT 1991 - SECT 47 Unjustifiable hardship In deciding what is unjustifiable hardship for this division, all the relevant circumstances of the particular case must be taken into account, including the following: (a) the nature of the benefit or detriment likely to accrue or be suffered by all people concerned; (b) the nature of the disability of the person concerned; (c) the financial circumstances of, and the estimated amount of expenditure by, the person claiming unjustifiable hardship. DISCRIMINATION ACT 1991 - SECT 48 Genuine occupational qualifications--disability Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or section 14 (1) (a) or (2) (a) does not make it unlawful to discriminate against a person on the ground of disability in relation to employment or work that involves any of the following activities: (a) participation in a dramatic performance or other entertainment in a role in which a person with a particular disability is required for reasons of authenticity; (b) participation as an artist's or photographic model in the production of a work of art, visual image or sequence of visual images for which a person with a particular disability is required for reasons of authenticity; (c) providing people who have a particular disability with services for the purpose of promoting their welfare, if the services can most effectively be provided by a person with a similar disability; (d) a prescribed activity. DISCRIMINATION ACT 1991 - SECT 49 Work related discrimination (1) Section 10 (1) (b) or (2) (c), section 12 (1) (b) or (2) (c), section 13 (b) or section 14 (1) (a), (2) (a) or (3) (b) do not make unlawful discrimination by a person (the first person) against someone else (the second person) on the ground of disability if the first person believes on reasonable grounds that, because of a disability-- (a) the second person is, or would be, unable to carry out work that is essential to the position concerned; or (b) the second person requires, or would require, to carry out the work, services or facilities that would not be required by a person who does not have the disability and providing the services or facilities would impose unjustifiable hardship on the first person. (2) Section 10 (1) (c) or (2) (a) or (b), section 12 (1) (c) or (2) (a) or (b), section 13 (a) or (c) or section 14 (1) (b), (2) (b) or (3) (a) does not make it unlawful for a person (the first person) to discriminate against someone else on the ground of disability in relation to any setting by the first person of terms or conditions for the performance of work that is essential to the position concerned, if the terms or conditions are reasonable having regard to either or both of the following: (a) any limitation or restriction that the disability would or does impose on the other person's ability to carry out that work; (b) any services or facilities that would be or are required by the other person to carry out that work and that would not be or are not required by people who do not have such a disability. (3) In this section: "disability", of a person, includes a disability that the person has. Note Disability is defined for the Act in s 5AA. DISCRIMINATION ACT 1991 - SECT 50 Discrimination by qualifying bodies etc (1) Section 16 does not make unlawful discrimination by an authority or body against a person on the ground of disability if the authority or body believes on reasonable grounds that, because of a disability, the person is, or would be, unable to carry out work that is essential to the position concerned. (2) In this section: "disability", of a person, includes a disability that the person has. Note Disability is defined for the Act in s 5AA. DISCRIMINATION ACT 1991 - SECT 51 Discrimination by educational institutions (1) Section 18 does not make unlawful discrimination on the ground of disability in relation to a failure to accept a person's application for admission as a student at an educational institution that is conducted solely for students who have a disability that the applicant does not have. Note The Legislation Act, dict, pt 1 defines fail to include refuse. (2) Section 18 does not make unlawful discrimination on the ground of disability in relation to a failure to accept an application by a person who has a disability for admission as a student at an educational institution if the person, if so admitted, would require services or facilities that are not required by students who do not have a disability, the provision of which would impose unjustifiable hardship on the relevant educational authority. DISCRIMINATION ACT 1991 - SECT 52 Discrimination relating to access to premises (1) Section 19 does not make unlawful discrimination on the ground of disability in relation to the provision of access to premises if-- (a) the premises are so designed or constructed as to be inaccessible to a person who has a disability; and (b) any alteration of the premises to provide such access would impose unjustifiable hardship on the person who would have to provide that access. (2) The Minister may, in writing, declare that subsection (1) does not apply to a building the construction of which begins on or after a day stated in the declaration. (3) The declaration is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act 2001. (4) Subsection (1) does not apply to a building the construction of which begins on or after a day stated in the declaration. (5) For this section, the construction of a building begins on the day when a building approval for the erection of the building is granted under the Building Act 2004. DISCRIMINATION ACT 1991 - SECT 53 Discrimination in the provision of goods and services (1) Section 20 does not make unlawful discrimination on the ground of disability in relation to the provision of goods, services or facilities if-- (a) because of a person's disability, the goods, services or facilities would have to be provided in a special way; and (b) their provision in that way would impose unjustifiable hardship on the person providing, or proposing to provide, the goods, services or facilities. (2) In this section: "services" includes services provided by an employment agency. DISCRIMINATION ACT 1991 - SECT 54 Discrimination relating to accommodation Section 21 does not make unlawful discrimination on the ground of disability in relation to the provision of accommodation to a person who has a disability if special services or facilities are, or would be, required by the person and their provision would impose unjustifiable hardship on the person providing or proposing to provide the accommodation. DISCRIMINATION ACT 1991 - SECT 55 Discrimination by clubs (1) Section 22 does not make unlawful discrimination on the ground of disability in relation to a club that has as its principal object the provision of benefits to people who have a particular disability. (2) In deciding what the principal object of a club is for subsection (1), the following must be taken into account: (a) the essential character of the club; (b) if the people mainly enjoying the benefits of membership have the particular disability; (c) any other relevant circumstance. (3) Section 22 does not make it unlawful to discriminate against a person on the ground of disability if the discrimination is in relation to the enjoyment of any benefit provided by a club if-- (a) because of the person's disability, the benefit would have to be provided to the person in a special way; and (b) the provision of the benefit in that way would impose unjustifiable hardship on the club. DISCRIMINATION ACT 1991 - SECT 56 Public health Part 3 does not make unlawful discrimination against a person on the ground of disability if the discrimination is necessary and reasonable to protect public health. DISCRIMINATION ACT 1991 - SECT 57 Sport (1) Part 3 does not make unlawful discrimination on the ground of disability in relation to the exclusion of a person from participation in any competitive sporting activity if-- (a) the person has a disability and the activity requires physical or intellectual attributes that the person does not possess; or (b) if the activity is conducted for, or mainly for, people who have a particular kind of disability--the person does not have a disability of that kind. (2) Subsection (1) does not apply in relation to the exclusion of people from participation in-- (a) the coaching of people engaged in any sporting activity; or (b) the umpiring or refereeing of any sporting activity; or (c) the administration of any sporting activity; or (d) any prescribed sporting activity. DISCRIMINATION ACT 1991 - SECT 57A Genuine occupational qualifications--age Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or section 14 (1) (a) or (2) (a) does not make it unlawful to discriminate against a person on the ground of age in relation to employment or work that involves any of the following activities: (a) participation in a dramatic performance or other entertainment in a role in which a person belonging to a particular age group is required for reasons of authenticity; (b) participation as an artist's or photographic model in the production of a work of art, visual image or sequence of visual images for which a person belonging to a particular age group is required for reasons of authenticity; (c) providing people belonging to a particular age group with services for the purpose of promoting their welfare, if the services can most effectively be provided by a person belonging to a particular age group. DISCRIMINATION ACT 1991 - SECT 57B Youth wages (1) This section applies if an award provides for the payment of reduced wages to employees under 21 years old. (2) If this section applies, section 10 (1) or (2) (a) or (b) does not make it unlawful for an employer to discriminate against a person on the ground of age-- (a) if the person is 21 years old or older--in relation to the offer of employment to a person under 21 years old; or (b) if the person is under 21 years old--in relation to the payment of reduced wages to the person in accordance with the award. (3) In this section: "award" means an award in force under the Workplace Relations Act 1996 (Cwlth). DISCRIMINATION ACT 1991 - SECT 57C Employment and work--health and safety (1) Section 10 (1) (c) or (2) (a) or (b), section 12 (1) (c) or (2) (a) or (b), section 13 (a) or (c) or section 14 (1) (b), (2) (b) or (3) (a) does not make it unlawful to discriminate against a person on the ground of age in relation to employment or work, or qualifications for employment or work, if the discrimination is practised to comply with reasonable health and safety requirements relevant to the employment or work. (2) In deciding what health and safety requirements are reasonable for subsection (1), all the relevant circumstances of the particular case must be taken into account, including the effects of the discrimination on the person discriminated against. DISCRIMINATION ACT 1991 - SECT 57E Education--minimum-age admissions (1) Section 18 does not make it unlawful to discriminate against a person on the ground of age in relation to the admission of the person to an educational institution if the level of education or training sought is provided only for students older than a particular age. (2) Section 18 does not make it unlawful to fail to accept an application for admission as a student at an educational institution under a mature age admission scheme, if the application is made by a person whose age is below the minimum age fixed under that scheme for admission. Note The Legislation Act, dict, pt 1 defines fail to include refuse. DISCRIMINATION ACT 1991 - SECT 57G Legal incapacity Part 3 does not make it unlawful to discriminate against a person on the ground of age in relation to a transaction if the person is subject to a legal incapacity because of his or her age and the incapacity is relevant to the transaction. DISCRIMINATION ACT 1991 - SECT 57H Benefits and concessions Division 3.2 does not make it unlawful to discriminate against a person in relation to the provision of genuine benefits, including concessions, to someone else because of his or her age. DISCRIMINATION ACT 1991 - SECT 57J Goods, services and facilities--health and safety (1) Section 19 or section 20 does not make it unlawful to discriminate against a person on the ground of age in relation to the provision of goods, services or facilities if that discrimination is practised to comply with reasonable health and safety requirements relevant to such provision. (2) In deciding what health and safety requirements are reasonable for subsection (1), all the relevant circumstances of the particular case must be taken into account, including the effects of the discrimination on the person discriminated against. DISCRIMINATION ACT 1991 - SECT 57K Recreational tours and accommodation Section 20 or section 21 does not make it unlawful to discriminate against a person on the ground of age in relation to the provision of a recreational tour or recreational accommodation. DISCRIMINATION ACT 1991 - SECT 57L Clubs (1) Section 20 or section 22 does not make it unlawful for a club to discriminate against a person on the ground of age if the club's principal object is providing benefits for people belonging to a particular age group. (2) In deciding what the principal object of a club is for subsection (1), the following must be taken into account: (a) the essential character of the club; (b) if the people mainly enjoying the benefits of membership belong to the particular age group stated in the club's objects; (c) any other relevant circumstances. DISCRIMINATION ACT 1991 - SECT 57M Sport (1) Part 3 does not make it unlawful to discriminate against a person on the ground of age by his or her exclusion from participation in any competitive sport if competition is only allowed between people belonging to a particular age group. (2) This section does not apply in relation to the exclusion of people from participation in-- (a) coaching people doing any sporting activity; or (b) umpiring or refereeing any sporting activity; or (c) administering any sporting activity; or (d) any sporting activity prescribed under the regulations. DISCRIMINATION ACT 1991 - SECT 57N Discrimination in profession, trade, occupation or calling Part 3 does not make it unlawful to discriminate against a person on the ground of the profession, trade, occupation or calling of the person in relation to any transaction if profession, trade, occupation or calling is relevant to that transaction and the discrimination is reasonable in those circumstances. DISCRIMINATION ACT 1991 - SECT 58 Meaning of sexual harassment for pt 5 (1) In this part: "sexual harassment"--a person subjects someone else to sexual harassment if the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the other person or engages in other unwelcome conduct of a sexual nature in circumstances in which the other person reasonably feels offended, humiliated or intimidated. (2) In this section: "conduct", of a sexual nature, includes the making of a statement of a sexual nature to, or in the presence of, a person, whether the statement is made orally or in writing. DISCRIMINATION ACT 1991 - SECT 59 Employment etc (1) It is unlawful for an employer to subject an employee, or a person seeking employment, to sexual harassment. (2) It is unlawful for an employee to subject a fellow employee, or a person seeking employment with the same employer, to sexual harassment. (3) It is unlawful for a principal to subject a commission agent or contract worker, or a person seeking to become his or her commission agent or contract worker, to sexual harassment. (4) It is unlawful for a commission agent or contract worker to subject a fellow commission agent or contract worker to sexual harassment. (5) It is unlawful for a partner in a partnership to subject another partner in the partnership, or a person seeking to become a partner in the partnership, to sexual harassment. (6) It is unlawful for a workplace participant to subject another workplace participant, or a person seeking to become a workplace participant at that workplace, to sexual harassment at a place that is a workplace, or potential workplace, as the case requires, of both of those people. (7) In this section: "place" includes a ship, aircraft or vehicle. "workplace" means a place at which a workplace participant works or otherwise carries out functions in connection with being a workplace participant. "workplace participant" means any of the following: (a) an employer or employee; (b) a commission agent or contract worker; (c) a partner in a partnership. DISCRIMINATION ACT 1991 - SECT 60 Educational institutions (1) It is unlawful for a member of the staff of an educational institution to subject a student at that institution, or a person seeking admission to the institution as a student, to sexual harassment. (2) It is unlawful for a student at an educational institution to subject-- (a) another student at the institution; or (b) a member of the staff of the institution; to sexual harassment. DISCRIMINATION ACT 1991 - SECT 61 Access to premises It is unlawful for a person to subject another person to sexual harassment in the course of providing, or offering to provide, the other person with access to any premises to which the public or a section of the public are entitled to have access, whether for payment or not. DISCRIMINATION ACT 1991 - SECT 62 Provision of goods, services and facilities It is unlawful for a person to subject another person to sexual harassment in the course of providing, or offering to provide, goods, services or facilities to the other person. DISCRIMINATION ACT 1991 - SECT 63 Accommodation It is unlawful for a person to subject another person to sexual harassment in the course of providing, or offering to provide, accommodation to the other person. DISCRIMINATION ACT 1991 - SECT 64 Clubs It is unlawful for a member of the committee of management of a club to subject a member of the club, or a person seeking to become a member of the club, to sexual harassment. DISCRIMINATION ACT 1991 - SECT 65 Definitions for pt 6 In this part: "HIV/AIDS status "means status as a person who has the Human Immunodeficiency Virus or Acquired Immune Deficiency Syndrome. "public act" includes-- (a) any form of communication to the public, including speaking, writing, printing, displaying notices, broadcasting, telecasting, screening and playing of tapes or other recorded material; and (b) any conduct (other than a form of communication referred to in paragraph (a)) observable by the public, including actions and gestures and the wearing or display of clothing, signs, flags, emblems and insignia; and (c) the distribution or dissemination of any matter to the public. DISCRIMINATION ACT 1991 - SECT 66 Unlawful vilification--race, sexuality etc (1) It is unlawful for a person, by a public act, to incite hatred towards, serious contempt for, or severe ridicule of, a person or group of people on the ground of any of the following characteristics of the person or members of the group: (a) race; (b) sexuality; (c) transsexuality; (d) HIV/AIDS status. (2) This section does not make unlawful-- (a) a fair report of an act mentioned in subsection (1); or (b) a communication or the distribution or dissemination of any matter consisting of a publication that is subject to a defence of absolute privilege in a proceeding for defamation; or (c) a public act, done reasonably and honestly, for academic, artistic, scientific or research purposes or for other purposes in the public interest, including discussion or debate about and presentations of any matter. DISCRIMINATION ACT 1991 - SECT 67 Serious vilification offence--race, sexuality etc (1) A person commits an offence if-- (a) the person intentionally carries out an act; and (b) the person is reckless about whether the act is a public act; and (c) the act is a threatening act; and (d) the person is reckless about whether the act incites hatred towards, serious contempt for, or severe ridicule of, a person or group of people on the ground of any of the following characteristics of the person or members of the group: (i) race; (ii) sexuality; (iii) transsexuality; (iv) HIV/AIDS status. Maximum penalty: 50 penalty units. (2) For subsection (1) (c), an act is a threatening act only if the person carrying it out-- (a) by the act, intentionally threatens physical harm towards, or towards any property of, the person, or members of the group, mentioned in subsection (1) (d); or (b) is reckless about whether the act incites others to threaten such physical harm. DISCRIMINATION ACT 1991 - SECT 68 Victimisation (1) It is unlawful for a person (the first person) to subject someone else (the other person) to any detriment because-- (a) the other person has-- (i) begun a proceeding in the ACAT in relation to this Act; or (ii) given evidence, or produced a document or thing, to the ACAT in relation to this Act; or (iii) reasonably asserted any rights that a person (including the other person) has under this Act; or (iv) claimed that a person has committed an act that is unlawful under this Act; or (b) the first person believes that the other person proposes to do something mentioned in paragraph (a). (2) Subsection (1) (a) (iv) does not apply in relation to a claim that is false and is not made honestly. DISCRIMINATION ACT 1991 - SECT 69 Unlawful advertising It is unlawful for a person to advertise any matter-- (a) that indicates an intention to do an act that is unlawful under part 3, part 5 or this part; or (b) that could reasonably be understood as indicating such an intention. DISCRIMINATION ACT 1991 - SECT 70 Onus of establishing exception etc If, apart from an exception, exemption, excuse, qualification or justification under this Act, conduct would be unlawful under part 3, part 5, section 66 or part 7, the onus of establishing the exception, exemption, excuse, qualification or justification lies on the person seeking to rely on it. DISCRIMINATION ACT 1991 - SECT 71 Unlawful act not an offence The doing of an act is not an offence only because it is unlawful under part 3, part 5, section 66 or part 7. DISCRIMINATION ACT 1991 - SECT 72 Unlawful act no basis for civil action This Act does not give a person any right of action in relation to the doing of an act that is unlawful under part 3, part 5, section 66 or part 7. DISCRIMINATION ACT 1991 - SECT 73 Aiding etc unlawful acts A person who aids, abets, counsels or procures someone else to do an act that is unlawful under part 3, part 5, section 66 or part 7 is taken, for this Act, also to have done the act. DISCRIMINATION ACT 1991 - SECT 109 Grant of exemptions (1) The HRC may, on written application, exempt the applicant in writing from the operation of a specified provision of part 3, part 5 or part 7. (2) The HRC may, on a written application made-- (a) by a person to whom an exemption has been granted; and (b) before expiry of that exemption; further exempt the applicant, in writing, from the operation of the provision concerned. (3) In the exercise of a power under subsection (1) or subsection (2), the matters to which the HRC must have regard include the following matters: (a) the need to promote an acceptance of, and compliance with, this Act; (b) the desirability, if relevant, of certain discriminatory actions being permitted for the purpose of redressing the effects of past discrimination. (4) An exemption or further exemption-- (a) is a notifiable instrument; and (b) is subject to the conditions (if any) specified in the notice; and (c) has effect according to its terms for the period not longer than 3 years specified in the notice. Note A notifiable instrument must be notified under the Legislation Act. (5) If the HRC refuses to grant an exemption or a further exemption, the HRC must give the applicant or each applicant written notice of the refusal. (6) A notice mentioned in subsection (4) or (5) is a reviewable decision notice. DISCRIMINATION ACT 1991 - SECT 110 Review by ACAT An application may be made to the ACAT for review of a decision of the HRC under section 109. DISCRIMINATION ACT 1991 - SECT 121 Secrecy (1) In this section: "court" includes a tribunal, authority or person having power to require the production of documents or the answering of questions. "divulge" includes communicate. "person to whom this section applies" means a person who exercises, or has exercised, a function under this Act. "produce" includes allow access to. "protected information" means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act by the person or someone else. (2) A person to whom this section applies commits an offence if-- (a) the person-- (i) makes a record of protected information about someone else; and (ii) is reckless about whether the information is protected information about someone else; or (b) the person-- (i) does something that divulges protected information about someone else; and (ii) is reckless about whether-- (A) the information is protected information about someone else; and (B) doing the thing would result in the information being divulged to someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) Subsection (2) does not apply if the record is made, or the information is divulged-- (a) under this or any other Act; or (b) in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law. (4) Subsection (2) does not apply to the divulging of protected information about someone with the person's consent. (5) A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another territory law. DISCRIMINATION ACT 1991 - SECT 121A Acts and omissions of representatives (1) This section applies to doing an act (conduct) that is unlawful under 1 or more of the following provisions: (a) part 3 (Unlawful discrimination); (b) part 5 (Sexual harassment); (c) section 66 (Unlawful vilification--race, sexuality etc); (d) part 7 (Other unlawful acts). Note 1 Complaints about these matters may be made under the HRC Act (see HRC Act, s 42 (1) (c)). Note 2 Doing an act--see s 4A. (2) Conduct engaged in on behalf of a person by a representative of the person is taken to have been engaged in by the person if the conduct was within the scope of the representative's actual or apparent authority. (3) However, subsection (2) does not apply if the person establishes that the person took all reasonable steps to prevent the representative from engaging in the conduct. (4) In this section: "representative", of a person, means an employee or agent of the person. DISCRIMINATION ACT 1991 - SECT 122 Relationship to other laws This Act is additional to any other territory law that provides for the protection of a person from conduct that is or would be unlawful under this Act. DISCRIMINATION ACT 1991 - SECT 123 Regulation-making power (1) The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act. (2) The regulations may except people, activities or other things from the operation of particular provisions of part 3, part 5 or part 7. DISCRIMINATION ACT 1991 - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms: o ACAT o body o chief executive o civil partner o civil partnership o corporation o domestic partner (see s 169) o domestic partnership (see s 169) o external Territory o fail o for o individual o in relation to o reviewable decision notice o State o Territory authority o the Territory o under. "accommodation" includes residential and business accommodation. "carer"--a person is a carer of someone else (the "dependant") if-- (a) the dependant is dependent on the person for ongoing care and assistance; and (b) the person cares for the dependant otherwise than because of-- (i) a commercial arrangement; or (ii) an arrangement that is substantially commercial. Example of a carer Ms W suffers from multiple sclerosis and requires constant care. Her spouse and 3 children aged 21, 16 and 11 share her care and would each be a 'carer'. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). "club" means a club that holds a club licence under the Liquor Act 1975. "commission agent" means a person who does work for another person as the agent of that other person and who is remunerated (whether wholly or partially) by commission. "committee of management", in relation to a club or organisation, means the group or body of people (however described) that manages the affairs of the club or organisation. "contract worker" means a person (the worker) who does work for someone else (the third person) under a contract between the worker's employer and the third person. "disability"--see section 5AA. "discriminate"--see section 8. "doing" an act--see section 4A. "educational authority" means a body or person administering an educational institution. "educational institution" means a school, college, university or other institution at which education or training is provided. "employer", in relation to an unpaid worker, means the person for whom the unpaid worker performs work. "employment" includes-- (a) work under a contract for services; and (b) work as a Territory employee; and (c) work as an unpaid worker. "employment agency" means any person who or body that (whether for payment or not) assists people to find employment or other work or assists employers to find employees or workers. "HIV/AIDS status", for part 6 (Racial, sexuality and HIV/AIDS vilification)--see section 65. "HRC" means the human rights commission. "man" means a member of the male sex irrespective of age. "potential pregnancy"--see section 5A. "pregnancy" includes potential pregnancy. "premises" includes-- (a) a structure, building, aircraft, vehicle or vessel; and (b) a place (whether enclosed or built on or not); and (c) a part of premises (including premises of a kind referred to in paragraph (a) or paragraph (b)). "principal" means-- (a) for a commission agent--a person for whom the commission agent does work as a commission agent; or (b) for a contract worker--a person for whom the contract worker does work under a contract between the contract worker's employer and the person. "public act", for part 6 (Racial, sexuality and HIV/AIDS vilification)--see section 65. "race" includes-- (a) colour, descent, ethnic and national origin and nationality; and (b) any 2 or more distinct races that are collectively referred to or known as a race. "relationship status" means the status or condition of being-- (a) single; or (b) married; or (c) married but living separately and apart from one's spouse; or (d) in a civil partnership; or (e) in a civil partnership but living separately and apart from one's civil partner; or (f) divorced; or (g) widowed; or (h) the domestic partner (other than the spouse or civil partner) of someone else. Note For the meaning of domestic partner, see Legislation Act, s 169. "relative", of a person, means-- (a) a person who is related to the person by blood, marriage, affinity or adoption; or (b) a domestic partner of the person or of a person mentioned in paragraph (a). "relevant class of people" means a class of people whose members are identified by reference to an attribute mentioned in section 7. "services" includes-- (a) services relating to banking, insurance or the provision of grants, loans, credit or finance; and (b) services relating to entertainment, recreation or refreshment; and (c) services relating to transport or travel; and (d) services of any profession, trade or business; and (e) services provided by a government, government authority, local government body or corporation in which a government has a controlling interest; and (f) the provision of scholarships, prizes or awards. "sexual harassment", for part 5 (Sexual harassment)--see section 58. "sexuality" means heterosexuality, homosexuality (including lesbianism) or bisexuality. "Territory employee" means a person who is-- (a) a public servant; or (b) employed by a Territory authority; "transsexual" means a person of one sex who-- (a) assumes the bodily characteristics of the other sex, whether by means of medical intervention or otherwise; or (b) identifies himself or herself as a member of the other sex or lives, or seeks to live, as a member of that other sex. "unpaid worker" means a person who performs work for an employer for no remuneration. "voluntary body" means an association or other body (whether incorporated or unincorporated) the activities of which are not engaged in for the purpose of making a profit, but does not include-- (a) a club; or (b) a body established by a law of the Territory, the Commonwealth, a State or another Territory; or (c) an association that provides grants, loans, credit or finance to its members. "woman" means a member of the female sex irrespective of age. DISCRIMINATION ACT 1991 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history Discrimination Act 1991 No 81 notified 13 December 1991 (Gaz 1991 No S143) s 1, s 2 commenced 13 December 1991 (s 2 (1)) remainder commenced 20 January 1992 (Gaz 1992 No 6) as amended by Discrimination (Amendment) Act 1993 No 25 notified 21 May 1993 (Gaz 1993 S83) commenced 21 May 1993 (s 2) Acts Revision (Position of Crown) Act 1993 No 44 sch 2 notified 27 August 1993 (Gaz 1994 S165) commenced 27 August 1993 (s 2) Discrimination (Amendment) Act 1994 No 1 notified 4 March 1994 (Gaz 1994 S35) commenced 4 March 1994 (s 2) Discrimination (Amendment) Act (No 2) 1994 No 11 notified 14 March 1994 (Gaz 1994 S44) s 1, s 2 commenced 14 March 1994 (s 2 (1)) remainder commenced 14 May 1994 (s 2 (2)) Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 sch 1 pt 28 notified 30 June 1994 (Gaz 1994 S121) s 1, s 2 commenced 30 June 1994 (s 2 (1)) sch 1 pt 28 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142) Administrative Appeals (Consequential Amendments) Act 1994 No 60 sch 1 notified 11 October 1994 (Gaz 1994 S197) s 1, s 2 commenced 11 October 1994 (s 2 (1)) sch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250) Discrimination (Amendment) Act (No 3) 1994 No 103 notified 22 December 1994 (Gaz 1994 S289) commenced 22 December 1994 (s 2) Discrimination (Amendment) Act 1995 No 9 notified 30 June 1995 (Gaz 1995 S135) commenced 30 June 1995 (s 2) Annual Reports (Government Agencies) (Consequential Provisions) Act 1995 No 25 sch notified 5 September 1995 (Gaz 1995 S212) sch commenced 5 September 1995 (s 2) Statute Law Revision Act 1995 No 46 sch notified 18 December 1995 (Gaz 1995 S306) sch commenced 18 December 1995 (s 2) Discrimination (Amendment) Act 1996 No 67 notified 20 December 1996 (Gaz 1996 S328) ss 1-3 commenced 20 December 1996 (s 2 (1)) ss 4-24 commenced 31 December 1996 (s 2 (2) and Gaz 1996 No S350) remainder commenced 8 January 1997 (s 2 (2) and Gaz 1997 No S3) Remuneration Tribunal (Consequential Amendments) Act 1997 No 41 sch 1 (as am by Act 2002 No 49 amdt 3.222) notified 19 September 1997 (Gaz 1997 S264) commenced 24 September 1997 (s 2 as am by Act 2002 No 49 amdt 3.222) Building (Amendment) Act (No 2) 1998 No 52 sch notified 16 November 1998 (Gaz 1998 S205) ss 1-3 commenced 16 November 1998 (s 2 (1)) sch commenced 4 January 1999 (s 2 (2) and Gaz 1999 No S1) Statute Law Revision (Penalties) Act 1998 No 54 sch notified 27 November 1998 (Gaz 1998 S207) s 1, s 2 commenced 27 November 1998 (s 2 (1)) sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49) Courts and Tribunals (Audio Visual and Audio Linking) Act 1999 No 22 s 12 notified 14 April 1999 (Gaz 1999 S16) s 1, s 2 commenced 14 April 1999 (s 2 (1)) s 12 commenced 1 September 1999 (s 2 (2) and Gaz 1999 No 35) Discrimination Amendment Act 1999 No 60 notified 10 November 1999 (Gaz 1999 No 45) commenced 10 November 1999 (s 2 (1)) Children and Young People (Consequential Amendments) Act 1999 No 64 sch 2 notified 10 November 1999 (Gaz 1999 No 45) s 1, s 2 commenced 10 November 1999 (IA s 10B) sch 2 commenced 10 May 2000 (s 2 (2)) Law Reform (Miscellaneous Provisions) Act 1999 No 66 sch 3 notified 10 November 1999 (Gaz 1999 No 45) sch 3 commenced 10 November 1999 (s 2) Discrimination Amendment Act (No 2) 1999 No 83 notified 23 December 1999 (Gaz 1999 S65) commenced 23 December 1999 (s 2) Justice and Community Safety Legislation Amendment Act 2000 (No 2) No 2 sch notified 9 March 2000 (Gaz 2000 No 10) commenced 9 March 2000 (s 2) Justice and Community Safety Legislation Amendment Act 2000 (No 3) No 17 sch 1 notified 1 June 2000 (Gaz 2000 No 22) commenced 1 June 2000 (s 2) Spent Convictions Act 2000 No 48 pt 5 notified 28 September 2000 (Gaz 2000 No 39) s 1, s 2 commenced 28 September 2000 (IA s 10B) pt 5 (s 24) commenced 28 March 2001 (IA s 10E) Legislation (Consequential Amendments) Act 2001 No 44 pt 105 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 105 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Legislation Amendment Act 2002 No 11 pt 2.16 notified LR 27 May 2002 s 1, s 2 commenced 27 May 2002 (LA s 75) pt 2.16 commenced 28 May 2002 (s 2 (1)) Discrimination Amendment Act 2002 No 19 notified LR 13 June 2002 s 1, s 2 commenced 13 June 2002 (LA s 75) remainder commenced 14 June 2002 (s 2) Criminal Code 2002 No 51 pt 1.7 notified LR 20 December 2002 s 1, s 2 commenced 20 December 2002 (LA s 75) pt 1.7 commenced 1 January 2003 (s 2 (1)) Statute Law Amendment Act 2002 (No 2) No 49 amdt 3.222 notified LR 20 December 2002 s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2)) amdt 3.222 commenced 24 September 1997 (s 2 (3)) Note This Act only amends the Remuneration Tribunal (Consequential Amendments) Act 1997 No 41. Discrimination Amendment Act 2003 A2003-15 notified LR 27 March 2003 s 1, s 2 commenced 27 March 2003 (LA s 75 (1)) remainder commenced 28 March 2003 (s 2) Statute Law Amendment Act 2003 A2003-41 sch 3 pt 3.7 notified LR 19 August 2003 s 1, s 2 commenced 27 March 2003 (LA s 75 (1)) sch 3 pt 3.7 commenced 9 October 2003 (s 2 (1)) Evidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48 sch 2 pt 2.5 notified LR 31 October 2003s 1, s 2 commenced 31 October 2003 (LA s 75 (1))sch 2 pt 2.5 commenced 30 April 2004 (s 2 and LA s 79) Sexuality Discrimination Legislation Amendment Act 2004 A2004-2 sch 2 pt 2.3 notified LR 18 February 2004s 1, s 2 commenced 18 February 2004 (LA s 75 (1))sch 2 pt 2.3 commenced 22 March 2004 (s 2 and CN2004-4) Human Rights Act 2004 A2004-5 sch 2 pt 2.2 notified LR 10 March 2004s 1, s 2 commenced 10 March 2004 (LA s 75 (1))sch 2 pt 2.2 commenced 1 July 2004 (s 2) Construction Occupations Legislation Amendment Act 2004 A2004-13 sch 2 pt 2.7 notified LR 26 March 2004s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 2 pt 2.7 commenced 1 September 2004 (s 2 and see Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8) Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.8, sch 2 pt 2.26 notified LR 26 March 2004s 1, s 2 commenced 26 March 2004 (LA s 75 (1))sch 1 pt 1.8, sch 2 pt 2.26 commenced 9 April 2004 (s 2 (1)) Discrimination Amendment Act 2004 A2004-51 notified LR 11 August 2004s 1, s 2 commenced 11 August 2004 (LA s 75 (1))remainder commenced 12 August 2004 (s 2) Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.22 notified LR 2 September 2004s 1, s 2 commenced 2 September 2004 (LA s 75 (1)) sch 1 pt 1.22 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29) Human Rights Commission Legislation Amendment Act 2005 A2005-41 sch 1 pt 1.2 (as am by A2006-3 amdt 1.3) notified LR 1 September 2005s 1, s 2 commenced 1 September 2005 (LA s 75 (1))sch 1 pt 1.2 commenced 1 November 2006 (s 2 (3) (as am by A2006-3 amdt 1.3) and see Human Rights Commission Act 2005 A2005-40, s 2 (as am by A2006-3 s 4) and CN2006-21) Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.8 (as am by A2005-60 pt 1.13) notified LR 26 October 2005s 1, s 2 commenced 26 October 2005 (LA s 75 (1))sch 1 pt 1.8 commenced 1 November 2006 (s 2 (2) (as am by A2005-60 amdt 1.54) and see Human Rights Commission Act 2005 A2005-40, s 2 (as am by A2006-3 s 4) and CN2006-21) Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.13 notified LR 1 December 2005 s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2)) sch 1 pt 1.13 commenced 22 December 2005 (s 2 (4)) Note This Act only amends the Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 Human Rights Commission Legislation Amendment Act 2006A2006-3 amdt 1.3 notified LR 22 February 2006 s 1, s 2 commenced 22 February 2006 (LA s 75 (1)) amdt 1.3 commenced 23 February 2006 (s 2) Note This Act only amends the Human Rights Commission Legislation Amendment Act 2005 A2005-41 Civil Unions Act 2006 A2006-22 sch 1 pt 1.9 notified LR 19 May 2006s 1, s 2 commenced 19 May 2006 (LA s 75 (1))sch 1 pt 1.9 never commenced Note Act repealed by disallowance 14 June 2006 (see Cwlth Gaz 2006 No S93) Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 2 pt 2.14 notified LR 28 September 2006 s 1, s 2 commenced 28 September 2006 (LA s 75 (1)) sch 2 pt 2.14 commenced 29 September 2006 (s 2 (1)) Carers Recognition Legislation Amendment Act 2006 A2006-47 pt 2 notified LR 28 November 2006 s 1, s 2 commenced 28 November 2006 (LA s 75 (1)) pt 2 commenced 28 May 2007 (s 2 and LA s 79) Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.11 notified LR 20 June 2007 s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2)) sch 3 pt 3.11 commenced 11 July 2007 (s 2 (1)) Justice and Community Safety Legislation Amendment Act 2007 A2007-22 sch 1 pt 1.8 notified LR 5 September 2007 s 1, s 2 commenced 5 September 2007 (LA s 75 (1)) sch 1 pt 1.8 commenced 6 September 2007 (s 2) Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.9 notified LR 6 December 2007 s 1, s 2 commenced 6 December 2007 (LA s 75 (1)) sch 3 pt 3.9 commenced 27 December 2007 (s 2) Civil Partnerships Act 2008 A2008-14 sch 1 pt 1.8 notified LR 15 May 2008 s 1, s 2 commenced 15 May 2008 (LA s 75 (1)) sch 1 pt 1.8 commenced 19 May 2008 (s 2 and CN2008-8) Parental Leave Legislation Amendment Act 2008 A2008-27 notified LR 12 August 2008 s 1, s 2 commenced 12 August 2008 (LA s 75 (1)) remainder commenced 13 August 2008 (s 2) Justice and Community Safety Legislation Amendment Act 2008 (No 3) A2008-29 sch 1 pt 1.7 notified LR 13 August 2008 s 1, s 2 commenced 13 August 2008 (LA s 75 (1)) sch 1 pt 1.7 commenced 27 August 2008 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.20 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.20 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) 4 Amendment history Long titlelong title am A2003-41 amdt 3.22 Name of Acts 1 sub A2003-41 amdt 3.23 Dictionarys 2 om 2001 No 44 amdt 1.1123 ins A2003-41 amdt 3.33 Notess 3 orig s 3 am A2003-41 amdt 3.206 renum as s 4 ins A2003-41 amdt 3.33 Objectss 4 orig s 4 defs reloc to dict A2003-41 amdt 3.32 om A2003-41 amdt 3.33 def de facto spouse om A2003-15 s 4 def impairment sub A2003-15 s 5 om A2003-41 amdt 3.28 def marital status om A2003-15 s 6 def near relative om A2003-15 s 6 (prev s 3) renum A2003-41 amdt 3.24 Meaning of doing an acts 4A ins A2002-41 amdt 3.34 Meaning of complainant and respondents 5 sub A2003-41 amdt 3.35 om A2005-41 amdt 1.3 Meaning of disabilitys 5AA hdg am A2003-41 amdt 3.36s 5AA ins A2003-15 s 9 am A2003-41 amdts 3.37-3.39 Meaning of potential pregnancys 5A ins 2002 No 19 s 5 am A2003-41 amdt 3.40 MLAs as employerss 6 om 1993 No 44 sch 2 ins 1995 No 9 s 4 sub A2003-41 amdt 3.41 am A2007-16 amdt 3.45 Offences against Act--application of Criminal Code etcs 6A ins A2004-2 amdt 2.4 am A2005-41 amdt 1.4 Groundss 7 am 1993 No 25 s 4; 1994 No 1 s 4; 1994 No 11 s 4; 1996 No 67 s 5; 1999 No 60 s 4; 2000 No 48 s 24; A2003-15 s 10; pars renum R11 LA (see A2003-15 s 11); A2003-41 amdt 3.42, amdt 3.43, amdt 3.206 What constitutes discriminations 8 am A2003-41 amdt 3.44, amdt 3.206 Disability--guide-dogs etcs 9 hdg am A2003-41 amdt 3.207s 9 am 1996 No 67 s 5; A2003-41 amdts 3.45-3.47, amdt 3.206, amdt 3.207 Applicants and employeess 10 am A2003-41 amdt 3.48; A2008-27 s 4 Employees--religious practices 11 am A2003-41 amdt 3.206 Commission agentss 12 am A2003-41 amdt 3.49 Partnershipss 14 am A2003-41 amdt 3.50, amdt 3.206 Professional or trade organisationss 15 am 1993 No 25 s 5; A2003-41 amdt 3.51, amdt 3.52 Qualifying bodiess 16 am A2003-41 amdt 3.53, amdt 3.54 Educations 18 am A2003-41 amdt 3.55, amdt 3.56 Access to premisess 19 am A2003-41 amdts 3.57-3.62 Goods, services and facilitiess 20 am A2003-41 amdt 3.63, amdt 3.64 Clubss 22 am A2003-41 amdts 3.65-3.67 Domestic dutiess 24 sub A2003-41 amdt 3.68 Residential care of childrens 25 sub A2003-41 amdt 3.68 Adoptions 25A ins 1994 No 1 s 5 am 1999 No 64 sch 2; A2003-41 amdt 3.69, amdt 3.206 Domestic accommodation etcs 26 am A2003-15 s 12, s 13; A2003-41 amdt 3.206; A2006-47 s 4 Preselection by employment agenciess 26A ins 1996 No 67 s 6 sub A2003-41 amdt 3.70 Measures intended to achieve equalitys 27 am 1999 No 83 s 4; A2003-41 amdt 3.71, amdt 3.206 sub A2004-51 s 4 Insurances 28 sub A2003-41 amdt 3.72 Superannuations 29 am 1994 No 1 s 6; A2003-41 amdts 3.73-3.77, amdt 3.209 Acts done under statutory authority etcs 30 am 1996 No 67 s 7; 2001 No 44 amdt 1.1124; A2003-41 amdt 3.78; A2008-36 amdt 1.249 (1) (a), (b), (4) exp on day stated in declaration (s 30 (2), (4)) Voluntary bodiess 31 am 1996 No 67 s 8 sub A2003-41 amdt 3.79 Religious bodiess 32 am 2000 No 2 sch; A2003-41 amdt 3.80, amdt 3.206 Educational institutions conducted for religious purposess 33 am A2003-41 amdts 3.81-3.85 Exceptions about sex, relationship status, pregnancy or breastfeedingdiv 4.2 hdg (prev pt 4 div 2 hdg) am 1999 No 60 s 5 renum R6 LA sub A2003-15 s 14 Genuine occupational qualifications--sexs 34 hdg sub A2003-41 amdt 3.86s 34 am A2003-41 amdt 3.87, amdt 3.88, amdt 3.206, amdt 3.209 Employment of couples 35 sub A2003-15 s 15 Educational institutions for members of one sexs 36 am A2003-41 amdts 3.89-3.91 Pregnancy, childbirth or breastfeedings 37 am 1999 No 60 s 6 sub A2003-41 amdt 3.92 Services for members of one sexs 38 am A2003-41 amdt 3.93 Accommodation provided for employees, contract workers or studentss 39 am 1999 No 60 s 7; A2003-15 s 16; A2003-41 amdt 3.94, amdt 3.95, amdt 3.206 Clubs for members of one sex etcs 40 am A2003-41 amdts 3.96-3.100, amdt 3.206, amdt 3.209 Sports 41 am A2003-41 amdt 3.101, amdt 3.206 Genuine occupational qualifications--races 42 hdg sub A2003-41 amdt 3.102s 42 am A2003-41 amdt 3.103, amdt 3.104, amdt 3.206, amdt 3.209 Clubs for members of one race etcs 43 am A2003-41 amdt 3.105 Religious workerss 44 am A2003-41 amdt 3.106 Political workers etcs 45 am A2003-41 amdt 3.107 Religious educational institutionss 46 am A2003-41 amdts 3.108-3.110 Exceptions relating to disabilitydiv 4.5 hdg am A2003-41 amdt 3.207 Unjustifiable hardships 47 sub A2003-41 amdt 3.111 Genuine occupational qualifications--disabilitys 48 hdg sub A2003-41 amdt 3.112s 48 am A2003-41 amdt 3.112, amdt 3.113, amdt 3.207 Work related discriminations 49 am A2003-15 s 17, s 18; A2003-41 amdt 3.114, amdt 3.115, amdt 3.206, amdt 3.207 Discrimination by qualifying bodies etcs 50 am A2003-15 s 19, s 20; A2003-41 amdt 3.116, amdt 3.207 Discrimination by educational institutionss 51 am A2003-41 amdts 3.117-3.121, amdt 3.207, amdt 3.209 Discrimination relating to access to premisess 52 am 1998 No 52 sch; 2001 No 44 amdt 1.1125; A2003-41 amdt 3.122, amdt 3.207; A2004-13 amdt 2.20 Discrimination in the provision of goods and servicess 53 am 1996 No 67 s 9 sub A2003-41 amdt 3.123 Discrimination relating to accommodations 54 am A2003-41 amdt 3.124, amdt 3.207 Discrimination by clubss 55 am A2003-41 amdts 3.125-3.127, amdt 3.206, amdt 3.207 Public healths 56 am A2003-41 amdt 3.128, amdt 3.207 Sports 57 am A2003-41 amdt 3.128, amdt 3.129, amdt 3.206, amdt 3.207 Exceptions relating to agediv 4.6 hdg (prev pt 4 div 6 hdg) ins 1994 No 1 s 7 renum R6 LA Genuine occupational qualifications--ages 57A hdg sub A2003-41 amdt 3.130s 57A ins 1994 No 1 s 7 am A2003-41 amdt 3.130, amdt 3.131 Youth wagess 57B ins 1994 No 1 s 7 am A2003-41 amdt 3.132 Employment and work--health and safetys 57C ins 1994 No 1 s 7 sub A2003-41 amdt 3.133 Compulsory retirement--2-year exemptions 57D ins 1994 No 1 s 7 (1) exp 4 March 1996 (s 57D (2)) om R4 LRA Education--minimum-age admissionss 57E ins 1994 No 1 s 7 am A2003-41 amdts 3.134-3.136, amdt 3.209 Education--senior secondary colleges (until 1 January 1996)s 57F ins 1994 No 1 s 7 (1) exp 1 January 1996 (s 57F (2)) om R4 LRA Legal capacitys 57G ins 1994 No 1 s 7 sub A2003-41 amdt 3.137 Benefits and concessionss 57H ins 1994 No 1 s 7 sub A2003-41 amdt 3.138 Goods, services and facilities--health and safetys 57J ins 1994 No 1 s 7 am A2003-41 amdt 3.139, amdt 3.140, amdt 3.209 Recreational tours and accommodations 57K ins 1994 No 1 s 7 am A2003-41 amdt 3.141 Clubss 57L ins 1994 No 1 s 7 sub A2003-41 amdt 3.142 Sports 57M ins 1994 No 1 s 7 sub A2003-41 amdt 3.143 Exceptions relating to profession, trade, occupation or callingdiv 4.7 hdg (prev pt 4 div 6 hdg) ins 1994 No 11 s 5 renum R6 LA Discrimination in profession, trade, occupation or callings 57N ins 1994 No 11 s 5 am A2003-41 amdt 3.144, amdt 3.209 Meaning of sexual harassment for pt 5s 58 sub A2003-41 amdt 3.145 Employment etcs 59 am 1995 No 9 s 5; A2003-41 amdt 3.206 Racial, sexuality and HIV/AIDS vilificationpt 6 hdg sub A2004-2 amdt 2.5 Definitions for pt 6s 65 hdg sub A2003-41 amdt 3.146; A2004-2 amdt 2.5s 65 am A2003-41 amdt 3.147 def HIV/AIDS status ins A2004-2 amdt 2.6 Unlawful vilification--race, sexuality etcs 66 am A2003-41 amdt 3.148, amdt 3.206 sub A2004-2 amdt 2.7 Serious vilification offence--race, sexuality etcs 67 am 1998 No 54 sch sub A2004-2 amdt 2.7 Victimisations 68 am 2000 No 2 sch; A2003-41 amdts 3.149-3.151 sub A2005-41 amdt 1.5 am A2008-36 amdt 1.250 General principles about unlawful actspt 8 hdg sub 1996 No 67 s 10; A2005-41 amdt 1.6 Preliminarydiv 8.1 hdg om A2005-41 amdt 1.6 Onus of establishing exception etcs 70 hdg sub A2003-41 amdt 3.152s 70 sub 1996 No 67 s 10; A2005-41 amdt 1.6 Unlawful act not an offences 71 am 1994 No 60 sch 1 sub 1996 No 67 s 10 am A2003-41 amdt 3.153 sub A2005-41 amdt 1.6 Making, investigation, conciliation and referral of complaintsdiv 8.2 hdg om A2005-41 amdt 1.6 Unlawful act no basis for civil actions 72 sub 1996 No 67 s 10 am 2001 No 44 amdt 1.1126, amdt 1.1127; A2003-41 amdt 3.154, amdt 3.206 sub A2005-41 amdt 1.6 Aiding etc unlawful actss 73 sub 1996 No 67 s 10 am A2003-41 amdt 3.155 sub A2005-41 amdt 1.6 Hearings before discrimination tribunaldiv 8.3 hdg om A2005-41 amdt 1.6 Granting of relief by discrimination tribunaldiv 8.4 hdg om A2005-41 amdt 1.6 Enforcement of orders and decisions of discrimination tribunaldiv 8.5 hdg om A2005-41 amdt 1.6 Other powers of commissioner and tribunaldiv 8.6 hdg om A2005-41 amdt 1.6 Miscellaneousdiv 8.7 hdg om A2005-41 amdt 1.6 Hearing of complaintspt 9 hdg orig pt 9 hdg renum as pt 10 hdg ins A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Preliminarydiv 9.1 hdg ins A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Meaning of party for pt 9s 74 sub 1996 No 67 s 10; A2003-41 amdt 3.156; A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Reliance on exceptions and exemptionss 75 sub 1996 No 67 s 10 am A2003-41 amdt 3.157, amdt 3.208 sub A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Complaints about unlawful discriminations 76 sub 1996 No 67 s 10 am A2003-41 amdt 3.208, amdt 3.209 sub A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Hearings by tribunaldiv 9.2 hdg ins A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Hearings by tribunals 77 sub 1996 No 67 s 10; A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Power to strike out complaintss 77A ins A2007-22 amdt 1.26 om A2008-36 amdt 1.251 Late application in exceptional circumstancess 78 sub 1996 No 67 s 10 am A2003-41 amdt 3.206 sub A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Application to strike out complaints 79 hdg am A2003-41 amdt 3.158s 79 sub 1996 No 67 s 10 am A2003-41 amdt 3.159 sub A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Tribunal procedurediv 9.3 hdg ins A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Tribunal to decide own proceduress 80 am 1994 No 103 s 4 sub 1996 No 67 s 10 am A2003-41 amdt 3.160, amdt 3.208, amdt 3.209 sub A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Hearings may be closeds 81 sub 1996 No 67 s 10 am A2003-41 amdt 3.161, amdt 3.162, amdt 3.208, amdt 3.209 sub A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Sittingss 82 sub 1996 No 67 s 10 am A2003-41 amdts 3.163-3.165, amdt 3.208 sub A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Joining partiess 83 sub 1996 No 67 s 10 am A2003-41 amdt 3.166, amdt 3.208, amdt 3.209 sub A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Appearancess 84 sub 1996 No 67 s 10; A2003-41 amdt 3.167; A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Representations 85 sub 1996 No 67 s 10; A2003-15 s 21; A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Witness subpoenass 86 sub 1996 No 67 s 10 am A2003-41 amdt 3.208, amdt 3.209 sub A2005-41 amdt 1.6 am A2005-53 amdt 1.42 om A2008-36 amdt 1.251 Expenses of witnesses etcs 87 sub 1996 No 67 s 10 am A2003-41 amdt 3.208, amdt 3.209 sub A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Failure to attend or produce documents 88 am 1994 No 60 sch 1 sub 1996 No 67 s 10 am A2003-41 amdt 3.208, amdt 3.209 sub A2005-41 amdt 1.6 om A2005-53 amdt 1.43 Appearance by audiovisual or audio linkss 89 am 1994 No 60 sch 1 sub 1996 No 67 s 10; A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Power to require witness to take oath etcs 90 am 1994 No 60 sch 1 sub 1996 No 67 s 10 am A2003-41 amdt 3.208 sub A2005-41 amdt 1.6; A2005-53 amdt 1.44 om A2008-36 amdt 1.251 Refusing to take oath or make affirmations 91 sub 1996 No 67 s 10 am A2003-41 amdt 3.168, amdt 3.208 sub A2005-41 amdt 1.6 om A2005-53 amdt 1.44 Requiring answer or documents 92 sub 1996 No 67 s 10 am 2001 No 44 amdt 1.1128, amdt 1.1129; A2003-41 amdt 3.169 sub A2005-41 amdt 1.6 om A2005-53 amdt 1.44 Prohibiting or controlling publications 93 am 1994 No 60 sch 1 sub 1996 No 67 s 10 am 2000 No 2 sch; A2003-41 amdt 3.170, amdt 3.208 sub A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Privileges against selfincrimination and exposure to civil penaltys 94 sub 1996 No 67 s 10; A2005-41 amdt 1.6 am A2005-53 amdt 1.45, amdt 1.46 om A2008-36 amdt 1.251 Protection of members of tribunal etcs 95 om 1994 No 60 sch 1 ins 1996 No 67 s 10 am A2003-41 amdt 3.171 sub A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Contempt of tribunals 96 am 1995 No 46 sch sub 1996 No 67 s 10 am A2003-41 amdt 3.208 sub A2005-41 amdt 1.6; A2005-53 amdt 1.47 om A2008-36 amdt 1.251 Application of Criminal Code, ch 7s 96A ins 1999 No 22 s 12 am 2000 No 17 sch 1; A2003-41 amdt 3.208, amdt 3.209; A2003-48 amdt 2.6 om A2005-41 amdt 1.6 ins A2005-53 amdt 1.47 om A2008-36 amdt 1.251 Granting of relief by tribunaldiv 9.4 hdg ins A2005-41 amdt 1.6` om A2008-36 amdt 1.251 Interim orders--complaint before HRCs 97 sub 1996 No 67 s 10; A2005-41 amdt 1.6 am A2007-16 amdt 3.46 om A2008-36 amdt 1.251 Interim orders--complaint before tribunals 98 sub 1996 No 67 s 10 am 1998 No 54 sch sub A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Decisions following hearings 99 sub 1996 No 67 s 10 am 2001 No 44 amdts 1.1130-1.1132; A2003-41 amdt 3.208, amdt 3.209 sub A2005-41 amdt 1.6 (9), (10) exp 1 December 2006 (s 99 (10)) om A2008-36 amdt 1.251 Enforcement of orders and decisions of tribunaldiv 9.5 hdg ins A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Failure to comply with tribunal orders 100 sub 1996 No 67 s 10 am 2001 No 44 amdts 1.1133-1.1135; A2003-41 amdt 3.208, amdt 3.209 sub A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Enforcement of tribunal orderss 101 sub 1996 No 67 s 10 am A2003-41 amdt 3.208, amdt 3.209 sub A2005-41 amdt 1.6 om A2008-36 amdt 1.251` Miscellaneousdiv 9.6 hdg ins A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Statement of reasonss 102 sub 1996 No 67 s 10 am A2003-41 amdt 3.172, amdt 3.208, amdt 3.209 sub A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Referral of questions of law to Supreme Courts 103 sub 1996 No 67 s 10 am 1998 No 54 sch sub A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Appeals from tribunal decisionss 104 sub 1996 No 67 s 10 (5), (6) exp 10 January 2006 (s 104 (6)) sub A2005-41 amdt 1.6 om A2008-36 amdt 1.251 Effect of Divisions 105 sub 1996 No 67 s 10 am A2003-41 amdt 3.173 om A2005-41 amdt 1.6 Joining partiess 106 sub 1996 No 67 s 10 am A2003-41 amdt 3.174, amdt 3.209 om A2005-41 amdt 1.6 Requiring answer or documents 107 sub 1996 No 67 s 10 am 1998 No 54 sch om A2005-41 amdt 1.6 Prohibiting or controlling publications 108 sub 1996 No 67 s 10 am 2001 No 44 amdts 1.1136-1.1138; A2003-41 amdt 3.175, amdt 3.208 om A2005-41 amdt 1.6 Review of directions by commissioners 108A ins 1996 No 67 s 10 om A2005-41 amdt 1.6 Prohibited publicationss 108B ins 1996 No 67 s 10 am 1998 No 54 sch om A2005-41 amdt 1.6 Obtaining information and documentss 108C ins 1996 No 67 s 10 am A2003-41 amdt 3.176, amdt 3.208, amdt 3.209 om A2005-41 amdt 1.6 Statement of reasonss 108D ins 1996 No 67 s 10 am A2003-41 amdt 3.208 sub A2004-60 amdt 1.141 om A2005-41 amdt 1.6 Referral of questions of law to Supreme Courts 108DA ins A2004-60 amdt 1.141 om A2005-41 amdt 1.6 Appeals from tribunal to Supreme Courts 108DB ins A2004-60 amdt 1.141 (5), (6) exp 10 January 2006 (s 108DB (6)) sub A2006-40 amdt 2.104 om A2005-41 amdt 1.6 Selfincrimination etcs 108E ins 1996 No 67 s 10 am 2002 No 11 amdts 2.31-2.33; 2002 No 51 amdt 1.18; A2004-15 amdt 2.54 om A2005-41 amdt 1.6 Unlawful act not an offences 108F ins 1996 No 67 s 10 om A2005-41 amdt 1.6 Unlawful act no basis for civil actions 108G ins 1996 No 67 s 10 am A2003-41 amdt 3.177 om A2005-41 amdt 1.6 Aiding etc unlawful actss 108H ins 1996 No 67 s 10 am A2003-41 amdt 3.178 om A2005-41 amdt 1.6 Acts and omissions of representativess 108I ins 1996 No 67 s 10 sub A2004-15 amdt 1.9 om A2005-41 amdt 1.6 Protection from civil proceedingss 108J ins 1996 No 67 s 10 om A2005-41 amdt 1.6 Expenses of witnesses etcs 108K ins 1996 No 67 s 10 am A2003-41 amdt 3.179 om A2005-41 amdt 1.6 Failure to attend before commissioner or tribunals 108L ins 1996 No 67 s 10 am 1998 No 54 sch om A2005-41 amdt 1.6 Failure to give information etcs 108M ins 1996 No 67 s 10 am 1998 No 54 sch om A2005-41 amdt 1.6 Disrupting proceedings before commissioner or tribunals 108N hdg sub A2004-15 amdt 2.55s 108N ins 1996 No 67 s 10 am 1998 No 54 sch am 2000 No 2 sch; A2004-15 amdt 2.56 om A2005-41 amdt 1.6 False informations 108O ins 1996 No 67 s 10 am 1998 No 54 sch om A2004-15 amdt 2.57 Discrimination tribunalpt 9A hdg renum as pt 11 hdg Establishment, functions and powersdiv 9A.1 hdg renum as div 11.1 hdg Tribunal membersdiv 9A.2 hdg renum as div 11.2 hdg Registrar and deputy registrarsdiv 9A.3 hdg renum as div 11.3 hdg Other provisionsdiv 9A.4 hdg renum as div 11.4 hdg Exemptionspt 10 hdg orig pt 10 hdg om A2005-41 amdt 1.12 (prev pt 9 hdg) renum A2005-41 amdt 1.8 Grant of exemptionss 109 am 1994 No 60 sch 1 am 2001 No 44 amdts 1.1139-1.1142; A2003-41 amdt 3.208, amdt 3.209; A2005-41 amdt 1.7; A2008-36 amdt 1.252 Review by ACATs 110 am A2005-41 amdt 1.7 sub A2008-36 amdt 1.253 Establishments 110A renum as s 111 Functions and powerss 110B ins 1996 No 67 s 11 sub 2000 No 2 sch om A2003-41 amdt 3.181 Membership of tribunals 110C renum as s 112 Eligibility for appointments 110D renum as s 113 Conditions of appointment generallys 110E renum as s 114 Matters to be included in instrument of appointment etcs 110F renum as s 115 Duration of appointments 110G renum as s 116 Registrar and deputy registrarss 110H renum as s 117 Constitution of tribunals 110I renum as s 118 Role of presidents 110J renum as s 119 Approved forms--registrars 110K renum as s 120 Discrimination tribunalpt 11 hdg orig pt 11 hdg renum as pt 12 hdg (prev pt 9A hdg) ins 1996 No 67 s 11 renum A2005-41 amdt 1.9 om A2008-36 amdt 1.254 Establishment, functions and powersdiv 11.1 hdg (prev pt 9A div 1 hdg and then div 9A.1 hdg) ins 2000 No 2 sch renum R6 LA; A2005-41 amdt 1.10 om A2008-36 amdt 1.254 Establishments 111 hdg orig s 111 hdg sub A2003-41 amdt 3.191s 111 orig s 111 am 2000 No 2 sch; A2003-41 amdts 3.192-3.194 s 111 (a)-(h) renum as s 112 prev s 111 ins A2003-41 amdt 3.191 om A2005-41 amdt 1.12 (prev s 110A) ins 1996 No 67 s 11 am A2003-41 amdt 3.180 renum A2005-41 amdt 1.11 om A2008-36 amdt 1.254 Tribunal membersdiv 11.2 hdg (prev pt 9A div 2 hdg and then div 9A.2 hdg) ins 2000 No 2 sch renum R6 LA; A2005-41 amdt 1.10 om A2008-36 amdt 1.254 Membership of tribunals 112 hdg orig s 112 hdg sub A2003-41 amdt 3.191 om A2005-41 amdt 1.12s 112 orig s 112 om A2003-41 amdt 3.195 prev s 112 (prev s 111 (a)-(h)) renum A2003-41 amdt 3.191 am A2003-41 amdts 3.192-3.194; A2004-5 amdt 2.5 om A2005-41 amdt 1.12 (prev s 110C) ins 1996 No 67 s 11 sub 2000 No 2 sch am A2003-41 amdt 3.182 renum A2005-41 amdt 1.11 om A2008-36 amdt 1.254 Eligibility for appointments 113 orig s 113 om 1997 No 41 sch 1 prev s 113 ins A2003-41 amdt 3.195 om A2005-41 amdt 1.12 (prev s 110D) ins 1996 No 67 s 11 sub 2000 No 2 sch renum A2005-41 amdt 1.11 om A2008-36 amdt 1.254 Conditions of appointment generallys 114 hdg (prev s 110E hdg) sub A2003-41 amdt 3.183s 114 orig s 114 sub A2003-41 amdt 3.195 om A2005-41 amdt 1.12 (prev s 110E) ins 1996 No 67 s 11 sub 2000 No 2 sch am A2003-41 amdt 3.184 renum A2005-41 amdt 1.11 om A2008-36 amdt 1.254 Matters to be included in instrument of appointment etcs 115 orig s 115 sub A2003-41 amdt 3.196 om A2005-41 amdt 1.12 (prev s 110F) ins 1996 No 67 s 11 sub 1999 No 66 sch 3 sub 2000 No 2 sch am A2003-41 amdt 3.185, amdt 3.186 renum A2005-41 amdt 1.11 om A2008-36 amdt 1.254 Duration of appointments 116 orig s 116 sub A2003-41 amdt 3.196 om A2005-41 amdt 1.12 (prev s 110G) ins 2000 No 2 sch am A2003-41 amdt 3.187 renum A2005-41 amdt 1.11 am A2007-39 amdt 3.23 om A2008-36 amdt 1.254 Registrar and deputy registrarsdiv 11.3 hdg (prev pt 9A div 3 hdg and then div 9A.3 hdg) ins 2000 No 2 sch renum R6 LA; A2005-41 amdt 1.10 om A2008-36 amdt 1.254 Registrar and deputy registrarss 117 orig s 117 om A2003-41 amdt 3.196 (prev s 110H) ins 2000 No 2 sch am A2003-41 amdt 3.188, amdt 3.189 renum A2005-41 amdt 1.11 om A2008-36 amdt 1.254 Other provisionsdiv 11.4 hdg (prev pt 9A div 4 hdg and then div 9A.4 hdg) ins 2000 No 2 sch renum R6 LA; A2005-41 amdt 1.10 om A2008-36 amdt 1.254 Constitution of tribunals 118 orig s 118 sub 1994 No 38 sch 1 pt 28 am A2003-41 amdt 3.208 om A2005-41 amdt 1.12 (prev s 110I) ins 2000 No 2 sch renum A2005-41 amdt 1.11 om A2008-36 amdt 1.254 Role of presidents 119 orig s 119 om 1995 No 25 sch prev s 119 ins 1996 No 67 s 12 am 2000 No 2 s 3 sch om A2005-41 amdt 1.12 (prev s 110J) ins 2000 No 2 sch renum A2005-41 amdt 1.11 om A2008-36 amdt 1.254 Approved forms--registrars 120 orig s 120 am 1996 No 67 s 13 sub A2003-41 amdt 3.197 om A2005-41 amdt 1.12 (prev s 110K) ins 2001 No 44 amdt 1.1143 am A2003-41 amdt 3.190 renum A2005-41 amdt 1.11 om A2008-36 amdt 1.254 Miscellaneouspt 12 hdg (prev pt 11 hdg) sub and renum A2005-41 amdt 1.13 Secrecys 121 sub 1996 No 67 s 14 am 2000 No 2 s 3 sch; A2003-41 amdt 3.198, amdt 3.199 sub A2005-41 amdt 1.13 (6), (7) exp 1 December 2006 (s 121 (7)) am A2008-36 amdt 1.255 Acts and omissions of representativess 121A ins A2008-29 amdt 1.22 Relationship to other lawss 122 am 1996 No 67 s 15 am 1998 No 54 s 3 sch am 2000 No 2 s 3 sch; A2003-41 amdt 3.200, amdt 3.201, amdt 3.209 sub A2005-41 amdt 1.13 Regulation-making powers 123 om 1997 No 41 sch 1 ins A2005-41 amdt 1.13 Intergovernmental arrangementss 124 am 2000 No 2 s 3 sch; 2001 No 44 amdt 1.1144; A2003-41 amdt 3.202, amdt 3.208 om A2005-41 amdt 1.13 Exercise of functions under intergovernmental arrangements 125 hdg am 2000 No 2 s 3 schs 125 am A2003-41 amdt 3.203 om A2005-41 amdt 1.13 Approved forms--commissioners 126A ins 2001 No 44 amdt 1.1145 am A2003-41 amdt 3.204 om A2005-41 amdt 1.13 Regulation-making powers 127 sub 2000 No 2 s 3 sch am 2001 No 44 amdt 1.1146, amdt 1.1147; A2003-41 amdt 3.206 om A2005-41 amdt 1.13 Transitional provisions about tribunal memberss 128 ins 2000 No 2 sch exp 9 June 2000 (s 128 (3)) Dictionarydict ins A2003-41 amdt 3.205 am A2006-22 amdt 1.30 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008-14 amdt 1.22; A2008-36 amdt 1.256 def accommodation reloc from s 4 A2003-41 amdt 3.32 def affinity ins A2006-22 amdt 1.31 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) def carer reloc from s 4 A2003-41 amdt 3.32 sub A2006-47 s 5 def club reloc from s 4 A2003-41 amdt 3.32 def commission agent reloc from s 4 A2003-41 amdt 3.32 def commissioner sub A2003-41 amdt 3.25 reloc from s 4 A2003-41 amdt 3.32 om A2005-41 amdt 1.14 def committee of management am A2003-41 amdt 3.206 reloc from s 4 A2003-41 amdt 3.32 def Commonwealth commission reloc from s 4 A2003-41 amdt 3.32 om A2005-41 amdt 1.14 def complainant ins A2003-41 amdt 3.205 sub A2005-41 amdt 1.15 om A2008-36 amdt 1.257 def complaint reloc from s 4 A2003-41 amdt 3.32 sub A2005-41 amdt 1.16 om A2008-36 amdt 1.257 def complaint about unlawful discrimination ins A2005-41 amdt 1.17 om A2008-36 amdt 1.257 def compulsory conference reloc from s 4 A2003-41 amdt 3.32 om A2007-22 amdt 1.27 def contract worker sub A2003-41 amdt 3.26 reloc from s 4 A2003-41 amdt 3.32 def deputy president ins 2000 No 2 sch reloc from s 4 A2003-41 amdt 3.32 om A2008-36 amdt 1.257 def disability ins A2003-41 amdt 3.27 reloc from s 4 A2003-41 amdt 3.32 def discriminate reloc from s 4 A2003-41 amdt 3.32 def doing ins A2003-41 amdt 3.205 def educational authority reloc from s 4 A2003-41 amdt 3.32 def educational institution reloc from s 4 A2003-41 amdt 3.32 def employer reloc from s 4 A2003-41 amdt 3.32 def employment reloc from s 4 A2003-41 amdt 3.32 def employment agency am A2003-41 amdt 3.206 reloc from s 4 A2003-41 amdt 3.32 def HIV/AIDS status ins A2004-2 amdt 2.8 def HRC ins A2005-41 amdt 1.17 def HRC Act ins A2005-41 amdt 1.17 om A2008-36 amdt 1.257 def investigation reloc from s 4 A2003-41 amdt 3.32 om A2005-41 amdt 1.18 def man reloc from s 4 A2003-41 amdt 3.32 def member ins 2000 No 2 sch reloc from s 4 A2003-41 amdt 3.32 om A2008-36 amdt 1.257 def party ins A2003-41 amdt 3.205 sub A2005-41 amdt 1.19 om A2008-36 amdt 1.257 def potential pregnancy ins 2002 No 19 s 4 reloc from s 4 A2003-41 amdt 3.32 def pregnancy ins 2002 No 19 s 4 reloc from s 4 A2003-41 amdt 3.32 def premises reloc from s 4 A2003-41 amdt 3.32 def president ins 2000 No 2 sch reloc from s 4 A2003-41 amdt 3.32 om A2008-36 amdt 1.257 def principal sub A2003-41 amdt 3.29 reloc from s 4 A2003-41 amdt 3.32 def public act ins A2003-41 amdt 3.205 sub A2004-2 amdt 2.9 def race reloc from s 4 A2003-41 amdt 3.32 def relationship status ins A2003-15 s 7 reloc from s 4 A2003-41 amdt 3.32 am A2006-22 amdt 1.32, amdt 1.33 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008-14 amdt 1.23, amdt 1.24; pars renum R29 LA def relative sub A2003-15 s 8 reloc from s 4 A2003-41 amdt 3.32 am A2006-22 amdt 1.34 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) def relevant class of persons sub A2003-41 amdt 3.30 reloc from s 4 A2003-41 amdt 3.32 def representative complaint am 1996 No 67 s 4 reloc from s 4 A2003-41 amdt 3.32 om A2005-41 amdt 1.20 def respondent ins A2003-41 amdt 3.205 sub A2005-41 amdt 1.21 om A2008-36 amdt 1.257 def services am A2003-41 amdt 3.31 reloc from s 4 A2003-41 amdt 3.32 def sexual harassment ins A2003-41 amdt 3.205 def sexuality reloc from s 4 A2003-41 amdt 3.32 def staff reloc from s 4 A2003-41 amdt 3.32 om A2005-41 amdt 1.22 def Territory employee sub 1994 No 38 sch 1 pt 28 reloc from s 4 A2003-41 amdt 3.32 def transsexual reloc from s 4 A2003-41 amdt 3.32 def tribunal ins 1996 No 67 s 4 reloc from s 4 A2003-41 amdt 3.32 sub A2005-41 amdt 1.23 om A2008-36 amdt 1.257 def unpaid worker reloc from s 4 A2003-41 amdt 3.32 def voluntary body reloc from s 4 A2003-41 amdt 3.32 def woman reloc from s 4 A2003-41 amdt 3.32 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 Act 1994 No 11 31 May 1994 2 Act 1995 No 46 1 January 1996 3 Act 1996 No 67 31 January 1997 4 Act 1998 No 54 31 January 1999 5 Act 2000 No 17 15 June 2000 6 Act 2001 No 44 12 September 2001 7 Act 2002 No 11 31 May 2002 8 Act 2002 No 19 14 June 2002 9 Act 2002 No 19 11 July 2002 10 Act 2002 No 51 1 January 2003 10 (RI) Act 2002 No 51 ++ 10 February 2003 11 A2003-15 28 March 2003 12 A2003-41 9 October 2003 13 A2004-5 22 March 2004 14 A2004-15 9 April 2004 15 A2004-15 30 April 2004 16 A2004-15 1 July 2004 17 A2004-51 12 August 2004 18* A2004-51 1 September 2004 19 A2004-60 10 January 2005 20 A2005-60 11 January 2006 21 A2006-3 23 February 2006 22 A2006-40 29 September 2006 23 A2006-40 1 November 2006 24* A2006-47 2 December 2006 25 A2006-47 28 May 2007 26 A2007-16 11 July 2007 27 A2007-22 6 September 2007 28 A2007-39 27 December 2007 29 A2008-14 19 May 2008 30 A2008-29 13 August 2008 31 A2008-29 27 August 2008 ++ includes retrospective amendments by A2002-49 (c) Australian Capital Territory 2009 DISCRIMINATION ACT 1991 - NOTES Australian Capital Territory A1991-81 Republication No 32 Effective: 2 February 2009 Republication date: 2 February 2009 Last amendment made by A2008-36Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Discrimination Act 1991 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 2 February 2009 . It also includes any amendment, repeal or expiry affecting the republished law to 2 February 2009 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Australian Capital Territory Discrimination Act 1991 Endnotes Australian Capital Territory Discrimination Act 1991