SEX DISCRIMINATION ACT 1984 - SECT 5B Discrimination on the ground of gender identity
SEX DISCRIMINATION ACT 1984 - SECT 5B
Discrimination on the ground of gender identity(1) For the purposes of this Act, a person (the discriminator ) discriminates against another person (the aggrieved person ) on the ground of the aggrieved person's gender identity if, by reason of:
(a) the aggrieved person's gender identity; or
(b) a characteristic that appertains generally to persons who have the same gender identity as the aggrieved person; or
(c) a characteristic that is generally imputed to persons who have the same gender identity as the aggrieved person;
the discriminator treats the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person who has a different gender identity.
(2) For the purposes of this Act, a person (the discriminator ) discriminates against another person (the aggrieved person ) on the ground of the aggrieved person's gender identity if the discriminator imposes, or proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging persons who have the same gender identity as the aggrieved person.