Australian Capital Territory Numbered Acts

DISCRIMINATION ACT 1991 (NO 81 OF 1991)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Discrimination Act 1991.  
   3.      The objects of this Act are—  
   6.      This Act binds the Crown.  

   PART II--DISCRIMINATION TO WHICH ACT APPLIES

   PART III--UNLAWFUL DISCRIMINATION

   11.     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—  
   13.     It is unlawful for a principal to discriminate against a contract worker—  
   16.     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—  
   17.     It is unlawful for an employment agency to discriminate against a person—  
   19.     It is unlawful for a person to discriminate against another person—  
   20.     It is unlawful for a person who (whether for payment or not) provides goods or services, or makes facilities available, to discriminate against another person—  
   23.     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 V, VI or VII.  

   PART IV--EXCEPTIONS TO UNLAWFUL DISCRIMINATION

   24.     Nothing in paragraph 10 (1) (a) or (b) or 13 (b) renders it unlawful for a person to discriminate against another person in connection with a position as an employee or contract worker where the duties of the position involve the performance of domestic duties on the premises on which the first-mentioned person resides.  
   25.     Nothing in paragraph 10 (1) (a) or (b) or 13 (b) renders it unlawful for a person to discriminate against another person in connection with a position as an employee or contract worker, where the duties of the position involve the care of a child in the place where the child resides.  
   26.     Nothing in section 21 renders unlawful discrimination in relation to—  
   27.     Nothing in Part III renders it unlawful to do an act a purpose of which is—  
   28.     Nothing in Part III renders it unlawful for a person to discriminate against another person with respect to the terms on which an annuity or a policy of insurance is offered to, or may be obtained by, the other 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-mentioned person to rely.  
   29.     Nothing in Part III renders it unlawful for a person to discriminate against another person in the terms or conditions relating to a superannuation or provident fund or scheme.  
   31.     Nothing in Part III renders it unlawful for a voluntary body to discriminate against a person in connection with—  
   32.     Nothing in Part III applies in relation to—  
   35.     Nothing in Part III renders unlawful discrimination against a person on the grounds of marital status in relation to a job which is one of two to be held by a couple in a bona fide domestic relationship.  
   36.     Nothing in section 18 renders unlawful discrimination on the ground of sex in relation to a refusal or 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.  
   37.     Nothing in Part III renders it unlawful for a person to discriminate against a man on the ground of sex by reason only of the fact that the first-mentioned person grants to a woman rights or privileges in connection with pregnancy or childbirth.  
   38.     Nothing in Part III renders 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.  
   44.     Nothing in paragraph 10 (1) (a) or (b), 12 (1) (a) or (b), 13 (b) or 14 (1) (a) or (2) (a) renders unlawful—  
   45.     Nothing in paragraph 10 (1) (a) or (b), 12 (1) (a) or (b), 13 (b) or 14 (1) (a) or (2) (a) renders unlawful discrimination on the ground of political conviction in relation to employment or work—  
   46.     Nothing in section 18 renders unlawful discrimination on the ground of religious conviction in relation to a refusal or 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.  
   47.     In determining what constitutes unjustifiable hardship for the purposes of this Division, all relevant circumstances of the particular case shall be taken into account, including the nature of the benefit or detriment likely to accrue or be suffered by all persons concerned, the nature of the impairment of the person concerned and the financial circumstances of, and the estimated amount of expenditure required to be made by, the person claiming unjustifiable hardship.  
   48.     Nothing in paragraph 10 (1) (a) or (b), 12 (1) (a) or (b), 13 (b) or 14 (1) (a) or (2) (a) renders it unlawful to discriminate against a person on the ground of impairment in relation to employment or work which involves any of the following activities:  
   50.     Nothing in section 16 renders unlawful discrimination by an authority or body against a person on the ground of impairment if the authority or body believes on reasonable grounds that, because of an impairment, the person is, or would be, unable to carry out work that is essential to the position concerned.  
   53.     Nothing in section 20 renders unlawful discrimination on the ground of impairment in relation to the provision of goods, services or facilities where—  
   54.     Nothing in section 21 renders unlawful discrimination on the ground of impairment in relation to the provision of accommodation to a person who has an impairment 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.  
   56.     Nothing in Part III renders unlawful discrimination against a person on the ground of impairment if the discrimination is necessary and reasonable to protect public health.  

   PART V--SEXUAL HARASSMENT MEANING OF SEXUAL HARASSMENT

   61.     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.  
   62.     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.  
   63.     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.  
   64.     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.  

   PART VI--RACIAL VILIFICATION INTERPRETATION

   65.     In this Part, “public act” includes—  
   67.     A person shall not, by a public act, incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race of the person or members of the group by means which include—  

   PART VII--OTHER UNLAWFUL ACTS VICTIMISATION

   69.     It is unlawful for a person to advertise any matter—  

   PART VIII--RESOLUTION OF COMPLAINTS

   72.     The Commissioner may make inquiries of the respondent to a complaint for the purpose of determining—  
   75.     The Commissioner may hold a single investigation in relation to 2 or more complaints that arise out of the same or substantially the same circumstances or subject matter.  
   76.     Before commencing an investigation in relation to a matter the Commissioner shall, in writing—  
   77.     The Commissioner may deal with a complaint as a representative complaint if the Commissioner believes on reasonable grounds that—  
   78.     Nothing in section 77 prevents a person from lodging a complaint in respect of a grievance that is the subject of a representative complaint.  
   80.     Subject to this Part, the Commissioner shall endeavour to resolve each complaint by conciliation.  
   91.     A person who, without reasonable excuse, contravenes a direction under section 89 or subparagraph 90 (2) (b) (i) or (ii) is, in respect of each day during which the contravention continues (including the day of a conviction under this section or any subsequent day), guilty of a separate offence punishable on conviction by a fine not exceeding $500.  
   92.     Where, under subparagraph 90 (2) (b) (iii), the Commissioner directs a respondent to pay an amount to a person, the amount is a debt due by the respondent to the person.  
   94.     Application may be made to the Administrative Appeals Tribunal for review of a direction or other decision of the Commissioner under section 71, 88, 89, 90 or 93.  
   97.     An act that is unlawful under Part III, V, VII or section 66 does not constitute an offence.  
   98.     Except as expressly provided by this Act, nothing in this Act confers on a person any right of action in respect of the doing of an act that is unlawful under Part III, V, VII or section 66.  
   99.     A person who causes, instructs, induces, aids or permits another person to do an act that is unlawful under Part III, V, VII or section 66 shall, for the purposes of this Act, be taken also to have done the act.  
   101.    Civil proceedings do not lie against a person in respect of loss, damage or injury of any kind suffered by another person as a result of any of the following acts done in good faith:  
   102.    A person attending before the Commissioner pursuant to a requirement under section 81 or 85 is entitled to be paid by the Territory in respect of the expenses reasonably incurred by the person in connection with the attendance—  
   103.    A person who is required under section 81 or 85 to attend before the Commissioner shall not, without reasonable excuse—  
   104.    A person shall not, without reasonable excuse, fail to—  
   105.    A person shall not, without reasonable excuse, fail to take an oath or make an affirmation when required to do so under subsection 86 (1).  
   106.    A person shall not, without reasonable excuse—  
   107.    A person shall not, without reasonable excuse, publish matter in contravention of a direction under section 88.  
   108.    A person shall not, in purported compliance with a requirement under section 85 or 86—  

   PART IX--EXEMPTIONS GRANT OF EXEMPTIONS

   110.    Application may be made to the Administrative Appeals Tribunal for review of a decision of the Commissioner under section 109.  

   PART X--DISCRIMINATION COMMISSIONER FUNCTIONS

   114.    The Commissioner may resign by writing given to the Minister.  
   115.    The Executive may terminate the appointment of the Commissioner for misbehaviour or physical or mental incapacity.  
   116.    The Commissioner holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined by the Minister in writing.  
   118.    The staff required to assist the Commissioner shall be public servants made available by the Head of Administration.  
   120.    The Commissioner may, in writing, delegate to a member of the staff of the Commissioner any of the Commissioner's powers or functions under section 72, 73, 81 or 82.  

   PART XI--MISCELLANEOUS IMMUNITY FROM SUIT

   121.    No action, suit or proceeding lies against a person who is or has been—  
   123.    Where a body corporate is convicted of an offence against this Act, the penalty that the court may impose is a fine not exceeding 5 times the maximum amount that, but for this section, the court could impose as a pecuniary penalty for that offence.  
   125.    An act done by or in relation to the Commonwealth Commission under an arrangement made under section 124 in relation to the performance by the Commonwealth Commission of any of the Commissioner's functions shall be deemed, for the purposes of this Act, to have been done by or in relation to the Commissioner.  
   126.    This Act is in addition to, and not in derogation of, any other law in force in the Territory that provides for the protection of a person from conduct that is or would be unlawful under this Act.