ANTI-DISCRIMINATION ACT 1992
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Objects
- 4 Interpretation
- 4A Assistance animals
- 5 Act to bind Crown
- 5A Application of Criminal Code
PART 2--ANTI-DISCRIMINATION COMMISSIONER
- 6 Commissioner
- 7 Leave of absence
- 8 Resignation
- 9 Termination of appointment
- 10 Disclosure of interest
- 11 Acting Commissioner
- 12 Staff of Commissioner
- 13 Functions of Commissioner
- 14 Powers of Commissioner
- 15 Delegation
- 16 Annual report
- 17 Special report
- 18 Legislative Assembly members not to be appointed
PART 2A--POSITIVE DUTY TO ELIMINATE DISCRIMINATION, SEXUAL HARASSMENT AND VICTIMISATION
- 18A Purpose of Part
- 18B Duty to eliminate discrimination, sexual harassment and victimisation
- 18C Investigations
- 18D Outcome of investigation
PART 3--DISCRIMINATION
Division 1--Prohibited grounds of discrimination
- 19 Prohibition of discrimination
- 20 Discrimination
- 20A Offensive behaviour because of attribute
- 20B Exemptions to section 20A
- 21 Discrimination by refusing to allow assistance animal
Division 2--Prohibited conduct
- 22 Prohibition of sexual harassment
- 23 Prohibition of victimisation
- 24 Duty to accommodate special need
- 25 Discriminatory advertising
- 26 Unnecessary information
- 27 Prohibition of aiding contravention of Act
PART 4--AREAS OF ACTIVITIES WHERE DISCRIMINATION PROHIBITED
Division 1--Preliminary
- 28 Areas of activities
Division 2--Education
Division 3--Work
- 31 Discrimination in work area
- 32 Discrimination in professional and trade organisations
- 33 Discrimination by qualifying body
- 34 Discrimination in employment agency area
- 35 Exemptions – work
- 35A Exemption – employment status
- 36 Exemptions – age
- 37 Exemption – irrelevant criminal record
Division 4--Accommodation
- 38 Discrimination in accommodation area
- 39 Discrimination by refusing to allow reasonable alterations
- 40 Exemptions
Division 5--Goods, services and facilities
- 41 Discrimination in goods, services and facilities area
- 42 Exemptions – services for members of one sex
- 43 Exemptions – cultural or religious sites
- 44 Exemptions – age-based benefits
- 45 Exemptions – child to be accompanied by adult
Division 6--Clubs
Division 7--Insurance and superannuation
Division 8--Administration of laws and government programs
- 49A Discrimination in administration of laws and government programs
PART 5--EXEMPTIONS
Division 1--General exemptions
- 50 Legal incapacity
- 51 Religious bodies
- 52 Charities
- 53 Acts done in compliance with legislation, etc.
- 54 Pregnancy or childbirth
- 55 Public health
- 56 Sport
- 57 Special measures
- 58 Accommodating special need unreasonable
Division 2--Granting of exemptions
- 59 Commissioner may grant exemptions
PART 6--RESOLUTION OF COMPLAINTS
Division 1--Complaints
- 60 Who may complain
- 61 Complaints may be dealt with jointly
- 62 Authorisation to act for complainant or respondent
- 62A Representative complaints
- 62B Guidelines for representative complaints
- 63 Complaint may contain more than one allegation
- 64 Form of complaint
- 65 Time limit for making complaint
- 66 Commissioner to accept or decline complaint
- 66B Commissioner may seek response from respondent
- 66C Respondent to be notified if complaint accepted
- 66D Complaint declined
- 66E Commissioner may decline complaint if no further action can be taken
- 66F Complaint declined – similar complaints prohibited
- 67 Commissioner to decline frivolous, etc., complaint
- 68 Commissioner may decline or stay complaint dealt with elsewhere
- 71 Withdrawal of complaint
- 72 Lapse of complaint if complainant loses interest
- 73 Commissioner may join person as party
- 78 Conciliation of complaint
- 79 Conciliation
- 80 Failure to attend conciliation
- 81 Conclusion of conciliation
- 82 Conciliation not admissible
- 82A Application
- 83 Commissioner must evaluate complaint
- 84 Documents or information required to be produced or retained
- 85 Witnesses
- 86 Hearing by Tribunal
- 87 Complaint not referred – similar complaints prohibited
- 87A Report of Commissioner to Tribunal
- 87B Parties to a complaint
- 88 Orders after hearing
- 89 Apologies and retractions
- 89A Commissioner must investigate complaint
- 89B Report of investigation
- 90 Conduct of proceedings
- 91 Burden and standard of proof
- 94 Legal practitioner may assist Commissioner
- 97 Unincorporated association represented by committee member
- 98 Actuarial or statistical data
- 100 Anonymity
- 101 Interim orders
- 102 Duty under Part 2A may be considered in conciliation or evaluation
- 105 Vicarious liability
PART 7--APPEALS
PART 8--MISCELLANEOUS
- 107A Documents or information required to be produced or retained
- 107B Witnesses
- 108 Confidentiality of information
- 109 Discriminatory advertising prohibited
- 109A Inducement to publish advertisement
- 110 Obstruction
- 110A Misleading information
- 110B Commissioner may accept enforceable undertaking
- 110C Enforcement orders
- 112 Commencement of proceedings for offences
- 113 Protection from legal proceedings
- 114 Self incrimination
- 115 Service of document
- 116 Non-application of Act
- 117 Regulations
PART 9--TRANSITIONAL MATTERS FOR JUSTICE LEGISLATION AMENDMENT ACT 2015
- 118 Definitions
- 119 Complaint made before commencement
- 120 Offence provisions – before and after commencement