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DISCRIMINATION ACT 1991

Table of Provisions

PART 1--PRELIMINARY

  • 1 Name of Act  
  • 2 Dictionary  
  • 3 Notes  
  • 4 Objects of Act  
  • 4AA Interpretation beneficial to people with protected attributes  
  • 4A Meaning of doing an act  
  • 5AA Meaning of disability  
  • 5AB Liability of person relying on assistance animal etc  
  • 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 Protected attributes  
  • 8 Meaning of discrimination  

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  
  • 33A Discrimination relating to accommodation, goods or services etc  

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  

Division 4.8--Exceptions relating to employment status

  • 57O Discrimination relating to employment status  

Division 4.9--Exceptions relating to immigration status

  • 57P Discrimination relating to immigration status  

Division 4.10--Exceptions relating to physical features

  • 57Q Genuine occupational requirements—physical features  
  • 57R Health and safety—physical features  

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 7--OTHER UNLAWFUL ACTS

  • 67A Unlawful vilification  
  • 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

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