Northern Territory Consolidated Acts

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ANTI-DISCRIMINATION ACT - SECT 40

Exemptions

40. Exemptions

(1) A person may discriminate against a person in deciding who is to reside in accommodation that forms part of, and is intended to continue to form part of, the main home of the person or a near relative of the person.

(2) An educational authority that operates, or proposes to operate, an educational institution wholly or mainly for students of a particular sex may provide accommodation wholly or mainly for students of that sex.

(2A) An educational authority that operates, or proposes to operate, an educational institution in accordance with the doctrine of a particular religion may provide accommodation wholly or mainly for students of that religion.

(2B) An educational authority that operates, or proposes to operate, an educational institution wholly or mainly for students who have a general or specific impairment may provide accommodation wholly or mainly for students with that impairment.

(3) A person may discriminate against a person with respect to a matter that is otherwise prohibited under this Division if -

(a) the accommodation concerned is under the direction or control of a body established for religious purposes; and

(b) the discrimination -

(i) is in accordance with the doctrine of the religion concerned; and

(ii) is necessary to avoid offending the religious sensitivities of people of the religion.

(4) A person may discriminate against a person with respect to a matter that is otherwise prohibited under this Division if -

(a) the accommodation concerned is under the direction or control of a body established for a charitable purpose; and

(b) the discrimination is in accordance with the particular purpose for which the accommodation was established by the body.



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