ANTI-DISCRIMINATION ACT 1992
ANTI-DISCRIMINATION ACT 1992
TABLE OF PROVISIONS
Long Title
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
29. Discrimination in education
30. Exemptions
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
46. Discrimination in club membership and club activities
47. Exemptions
Division 7--Insurance and superannuation
48. Discrimination in insurance and superannuation
49. Exemptions
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
106. Appeals against decision of Tribunal
107. Powers of Supreme Court
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
PART 10--TRANSITIONAL MATTERS FOR ANTI-DISCRIMINATION AMENDMENT ACT 2022
121. Definitions
122. Complaint made before commencement
123. Application of amendments
124. Offence provisions – before commencement
ENDNOTES
