New South Wales Consolidated Acts

ANTI-DISCRIMINATION ACT 1977 - SECT 34A

34A Registered clubs

(1) It is unlawful for a registered club to discriminate against a person who is not a member of the registered club on the ground of sex:

(a) by refusing or failing to accept the person’s application for membership, or

(b) in the terms on which it is prepared to admit the person to membership.

(2) It is unlawful for a registered club to discriminate against a person who is a member of a registered club on the ground of sex:

(a) by denying the person access, or limiting the person’s access, to any benefit provided by the registered club,

(b) by depriving the person of membership or varying the terms of the person’s membership, or

(c) by subjecting the person to any other detriment.

(3) Nothing in subsection (1) or (2) renders unlawful discrimination by a registered club against a person on the ground of sex if membership of the registered club is available to persons of the opposite sex only.

(3A) The admission into any such registered club of a transgender person as referred to in Part 3A who identifies with the sex of persons for whom membership of the registered club is available does not, for the purposes of subsection (3), affect its status as a registered club the membership of which is available to persons of the same sex only.

(4) Nothing in subsection (1) (paragraph (a) excepted) or subsection (2) renders unlawful discrimination by a registered club against a person on the ground of sex if the discrimination occurs in relation to the use or enjoyment of any benefit provided by the registered club where:

(a) it is not practicable for the benefit to be used or enjoyed:

(i) simultaneously, or

(ii) to the same extent,

by both men and women, and

(b) either:

(i) the same, or an equivalent, benefit is provided for the use of men and women separately from each other, or

(ii) men and women are each entitled to a fair and reasonable proportion of the use and enjoyment of the benefit.

(5) In determining any matter relating to the application of subsection (4), regard shall be had to:

(a) the purposes for which the registered club is established,

(b) the membership of the registered club, including any class or type of membership,

(c) the nature of the benefits provided by the registered club,

(d) the opportunities for the use and enjoyment of those benefits by men and women, and

(e) any other relevant circumstance.