Australian Capital Territory Consolidated Acts

DISCRIMINATION ACT 1991

TABLE OF PROVISIONS

           Long Title

   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 9--HEARING OF COMPLAINTS

           Division 9.1--Preliminary

   74.     Meaning of party for pt 9  
   75.     Reliance on exceptions and exemptions  
   76.     Complaints about unlawful discrimination  

           Division 9.2--Hearings by tribunal

   77.     Hearings by tribunal  
   77A.    Power to strike out complaints  
   78.     Late application in exceptional circumstances  
   79.     Application to strike out complaint  

           Division 9.3--Tribunal procedure

   80.     Tribunal to decide own procedures  
   81.     Hearings may be closed  
   82.     Sittings  
   83.     Joining parties  
   84.     Appearances  
   85.     Representation  
   86.     Witness subpoenas  
   87.     Expenses of witnesses etc  
   89.     Appearance by audiovisual or audio links  
   90.     Power to require witness to take oath etc  
   93.     Prohibiting or controlling publication  
   94.     Privileges against selfincrimination and exposure to civil penalty  
   95.     Protection of members of tribunal etc  
   96.     Contempt of tribunal  
   96A.    Application of Criminal Code, ch 7  

           Division 9.4--Granting of relief by tribunal

   97.     Interim orders—complaint before HRC  
   98.     Interim orders—complaint before tribunal  
   99.     Decisions following hearing  

           Division 9.5--Enforcement of orders and decisions of tribunal

   100.    Failure to comply with tribunal order  
   101.    Enforcement of tribunal orders  

           Division 9.6--Miscellaneous

   102.    Statement of reasons  
   103.    Referral of questions of law to Supreme Court  
   104.    Appeals from tribunal decisions  

   PART 10--EXEMPTIONS

   109.    Grant of exemptions  
   110.    Review of decisions  

   PART 11--DISCRIMINATION TRIBUNAL

           Division 11.1--Establishment, functions and powers

   111.    Establishment  

           Division 11.2--Tribunal members

   112.    Membership of tribunal  
   113.    Eligibility for appointment  
   114.    Conditions of appointment generally  
   115.    Matters to be included in instrument of appointment etc  
   116.    Duration of appointment  

           Division 11.3--Registrar and deputy registrars

   117.    Registrar and deputy registrars  

           Division 11.4--Other provisions

   118.    Constitution of tribunal  
   119.    Role of president  
   120.    Approved forms—registrar  

   PART 12--MISCELLANEOUS

   121.    Secrecy  
   121A.   Acts and omissions of representatives  
   122.    Relationship to other laws  
   123.    Regulation-making power  
           DICTIONARY
           ENDNOTES