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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 (Repealed)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 (Repealed)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

  • 20B Definition of "public act"
  • 20C Racial vilification unlawful
  • 20D. (Repealed)

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

  • 38P Sport
  • 38Q Superannuation

Division 5 - Transgender vilification

PART 4 - DISCRIMINATION ON THE GROUND OF MARITAL OR DOMESTIC STATUS

Division 1 - General

Division 2 - Discrimination in work

Division 3 - Discrimination in other areas

Division 4 - Exception to Part 4

  • 49 Superannuation

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

PART 9 - THE FUNCTIONS OF THE PRESIDENT, THE TRIBUNAL AND THE 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)

Division 4 - The functions of the Board

PART 9A - (Repealed)

None

PART 9B - INTER-GOVERNMENTAL ARRANGEMENTS

PART 10 - MISCELLANEOUS

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