ANTI-DISCRIMINATION ACT 1977 - As at 5 December 2023 - Act 48 of 1977
- As at 5 December 2023
- Act 48 of 1977
Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
3. (Repealed)
- 4 Definitions
- 4A Act done because of unlawful discrimination and for other reasons
- 4B References to certain employers
- 5 Act binds Crown
PART 2 - RACIAL DISCRIMINATION
Division 1 - General
6. (Repealed)
- 7 What constitutes discrimination on the ground of race
Division 2 - Discrimination in work
Division 3 - Discrimination in other areas
Division 3A - Racial vilification
Division 4 - Exceptions to Part 2
- 21 Special needs programs and activities
- 22 Sport
PART 2A - PROHIBITION OF SEXUAL HARASSMENT
PART 3 - SEX DISCRIMINATION
Division 1 - General
Division 2 - Discrimination in work
Division 3 - Discrimination in other areas
Division 4 - Exceptions to Part 3
- 35 Pregnancy, childbirth and breastfeeding
- 36 Superannuation
- 37 Insurance etc
- 38 Sport
PART 3A - DISCRIMINATION ON TRANSGENDER GROUNDS
Division 1 - General
- 38A Interpretation
- 38B What constitutes discrimination on transgender grounds
Division 2 - Discrimination in work
Division 3 - Discrimination in other areas
Division 4 - Exceptions to Part 3A
Division 5 - Transgender vilification
Division 1 - General
Division 2 - Discrimination in work
Division 3 - Discrimination in other areas
Division 4 - Exception to Part 4
PART 4A - DISCRIMINATION ON THE GROUND OF DISABILITY
Division 1 - General
Division 2 - Discrimination in work
Division 3 - Discrimination in other areas
Division 4 - Exceptions to Part 4A
- 49P Public health
- 49PA Persons addicted to prohibited drugs
- 49Q Superannuation, insurance
- 49R Sport
PART 4B - DISCRIMINATION ON THE GROUND OF A PERSON'S RESPONSIBILITIES AS A CARER
Division 1 - General
- 49S Meaning of "responsibilities as a carer"
- 49T What constitutes discrimination on the ground of a person's responsibilities as a carer
- 49U What constitutes unjustifiable hardship
Division 2 - Discrimination in work
PART 4BA - RELIGIOUS VILIFICATION
PART 4C - DISCRIMINATION ON THE GROUND OF HOMOSEXUALITY
Division 1 - General
Division 2 - Discrimination in work
Division 3 - Discrimination in other areas
Division 4 - Homosexual vilification
PART 4E - COMPULSORY RETIREMENT FROM EMPLOYMENT ON THE GROUND OF AGE
- 49ZU Application of Part
- 49ZV Compulsory retirement unlawful
- 49ZW Provision requiring retirement on basis of age of no effect
- 49ZX Exceptions to this Part
PART 4F - HIV/AIDS VILIFICATION
PART 4G - AGE DISCRIMINATION
Division 1 - General
- 49ZYA What constitutes discrimination on the ground of age
Division 2 - Discrimination in work
Division 3 - Discrimination in other areas
Division 4 - Exceptions to Part 4G
- 49ZYQ Legal capacity and welfare of children
- 49ZYR Special needs programs and activities
- 49ZYS Superannuation
- 49ZYT Provision of insurance
- 49ZYU Credit applications
- 49ZYV Safety procedures
- 49ZYW Sport
- 49ZYX Certain activities or matters may be prescribed to be lawful
- 49ZYY Operation of Part 4E not affected
PART 5 - OTHER UNLAWFUL ACTS
- 50 Victimisation
- 51 Advertisements
- 52 Aiding and abetting etc
- 53 Liability of principals and employers
PART 6 - GENERAL EXCEPTIONS TO THIS ACT
- 54 Acts done under statutory authority
- 55 Charities
- 56 Religious bodies
- 57 Voluntary bodies
58. (Repealed)
- 59 Establishments providing housing accommodation for aged persons
- 59A Adoption services
PARTS 7, 7A - (Repealed)
None
PART 8 - THE ANTI-DISCRIMINATION BOARD
Division 1 - Preliminary
Division 2 - Complaints--the functions of the President
Subdivision 1 - Lodgment of complaints
- 87A Persons who may make a complaint
- 87B Complaints made on behalf of others
- 87C Complaints by representative bodies
- 88 Vilification complaints
- 88A Assistance by President in making complaints
- 88B Making of complaints in more than one jurisdiction
- 88C Withdrawal of consent for complaint
Subdivision 2 - Making of complaints
- 89 Form and content of complaints
- 89A Making of complaint
- 89B Acceptance or declining of complaints by the President
89C. (Repealed)
Subdivision 3 - Investigation and conciliation of complaints
- 90 President to investigate complaints
- 90A Investigation of vilification complaints
- 90B Supplying information and documents
- 90C Progress reports
- 91 91A. Resolution of complaint by conciliation
- 91B No right to representation
- 91C Amendment of complaint
Subdivision 4 - Declining of complaints during investigation
- 92 President may decline complaint during investigation
Subdivision 5 - Termination of complaints
- 92A Settlement or resolution of complaint
- 92B Withdrawal of complaint
- 92C Abandonment of complaint
- 93 Death of complainant or respondent does not terminate complaint
Subdivision 6 - Referral of complaints to Tribunal
- 93A Referral of complaints to Tribunal at requirement of complainant
- 93B Referral of unresolved complaints to Tribunal after 18 months
- 93C Other referral of complaints to Tribunal
- 94 Severing complaints
- 94A Form of complaint to be referred to Tribunal
Subdivision 7 - Miscellaneous
- 94B Calculation of time
- 94C Delegation--officers of President
Division 3 - Complaints--the functions of the Tribunal
- 95 Referral of complaints to Tribunal
95A. (Repealed)
- 96 Leave of Tribunal required for inquiry into certain matters
97. (Repealed)
- 98 Fees or rewards for representing parties
- 99 Member of staff assisting Tribunal
- 100 Single proceeding in relation to several complaints
- 101 Determinations with respect to representative complaints
101A, 101B. (Repealed)
- 102 Tribunal may dismiss complaint
- 103 Tribunal may amend complaint
- 104 Proof of exceptions
- 105 Interim orders
106, 107. (Repealed)
- 108 Order or other decision of Tribunal
- 109 Order affecting industrial instrument
110-111. (Repealed)
- 111A Compensation to offenders in custody--payment to Victims Support Fund
- 112 Interest on damages
- 113 Enforcement of orders by the President
- 114 Enforcement of non-monetary orders
115. (Repealed)
- 116 Relationship between this Division and NCAT legislation
117-118. (Repealed)
PART 9A - (Repealed)
None
PART 9B - INTER-GOVERNMENTAL ARRANGEMENTS
PART 10 - MISCELLANEOUS
- 123 Effect of contravention of Act or regulations
- 124 Obstruction
- 124A Secrecy
- 125 Proceedings for offences
- 126 Granting of exemptions by President
- 126A Exemption for special needs programs and activities
- 127 Regulations
- 128 Savings and transitional provisions