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