EQUAL OPPORTUNITY ACT 1984 TABLE OF PROVISIONS PART 1--Preliminary 1. Short title 5. Interpretation 6. Interpretative provisions 7. Crown is bound PART 2--Commissioner and Tribunal Division 1--Commissioner 8. The Commissioner 9. Staff 10. Administration of Act and Ministerial direction 11. Functions of Commissioner 14. Annual report by Commissioner 15. Power of Commissioner to delegate 16. Immunity from liability Division 2--Equal Opportunity Tribunal 17. The Tribunal 18. Presiding Officer and Deputy Presiding Officers 19. Panel 20. Allowances and expenses 21. Validity of acts of the Tribunal and immunity of its members 22. Constitution of the Tribunal for the hearing of proceedings 23. Conduct of proceedings 24. Parties to proceedings etc 25. General powers of Tribunal 26. Tribunal may not award costs except in certain circumstances 27. Tribunal may conciliate Division 3--Registrar 28. Registrar PART 3--Prohibition of discrimination on ground of sex, chosen gender or sexuality Division 1--Discrimination to which Part 3 applies 29. Criteria for discrimination on ground of sex, chosen gender or sexuality Division 2--Discrimination against workers 30. Discrimination against applicants and employees 31. Discrimination against agents and independent contractors 32. Discrimination against contract workers 33. Discrimination within partnerships 34. Exemptions Division 3--Discrimination by other bodies 35. Discrimination by associations 36. Discrimination by qualifying bodies Division 4--Discrimination in education 37. Discrimination by educational authorities Division 5--Discrimination in relation to land, goods, services and accommodation 38. Discrimination by person disposing of an interest in land 39. Discrimination in provision of goods and services 40. Discrimination in relation to accommodation Division 7--General exemptions from Part 3 45. Charities 47. Measures intended to achieve equality 48. Sport 49. Insurance etc 50. Religious bodies PART 4--Prohibition of discrimination on ground of race Division 1--Discrimination to which Part 4 applies 51. Criteria for establishing discrimination on ground of race Division 2--Discrimination against workers 52. Discrimination against applicants and employees 53. Discrimination against agents and independent contractors 54. Discrimination against contract workers 55. Discrimination within partnerships 56. Exemptions Division 3--Discrimination by other bodies 57. Discrimination by associations on ground of race 58. Discrimination by qualifying bodies Division 4--Discrimination in education 59. Discrimination by educational authorities Division 5--Discrimination in relation to land, goods, services and accommodation 60. Discrimination by person disposing of an interest in land 61. Discrimination in provision of goods and services 62. Discrimination in relation to accommodation Division 6--Discrimination in relation to superannuation 63. Superannuation schemes and provident funds Division 7--General exemptions from Part 4 64. Charities 65. Act does not apply to projects for benefit of persons of a particular race PART 5--Prohibition of discrimination on ground of disability Division 1--Discrimination to which Part 5 applies 66. Criteria for establishing discrimination on ground of disability Division 2--Discrimination against workers 67. Discrimination against applicants and employees 68. Discrimination against agents and independent contractors 69. Discrimination against contract workers 70. Discrimination within partnerships 71. Exemptions Division 3--Discrimination by other bodies 72. Discrimination by associations 73. Discrimination by qualifying bodies Division 4--Discrimination in education 74. Discrimination by educational authorities Division 5--Discrimination in relation to land, goods, services and accommodation 75. Discrimination by person disposing of interest in land 76. Discrimination in provision of goods and services 77. Discrimination in relation to accommodation Division 6--Discrimination in relation to superannuation 78. Discrimination in relation to superannuation Division 7--General exemptions from Part 5 79. Exemption in relation to remuneration 79A. Exemption in relation to infectious diseases 80. Exemption for charities 81. Exemption in relation to sporting activities 82. Exemption for projects for benefit of persons with particular disability 84. Exemption for unjustifiable hardship 85. Exemption in relation to insurance PART 5A--Prohibition of discrimination on ground of age Division 1--Discrimination to which Part 5A applies 85A. Criteria for establishing discrimination on ground of age Division 2--Discrimination against workers 85B. Discrimination against applicants and employees 85C. Discrimination against agents and independent contractors 85D. Discrimination against contract workers 85E. Discrimination within partnerships 85EA. No compulsory retiring age 85F. Exemptions Division 3--Discrimination by other bodies 85G. Discrimination by associations on ground of age 85H. Discrimination by qualifying bodies Division 4--Discrimination in education 85I. Discrimination by educational authorities Division 5--Discrimination in relation to land, goods, services and accommodation 85J. Discrimination by person disposing of an interest in land 85K. Discrimination in provision of goods and services 85L. Discrimination in relation to accommodation Division 6--General exemptions from Part 5A 85M. Legal capacity of children 85N. Charities 85O. Testamentary dispositions or gifts 85P. Projects for the benefit of persons of a particular age group 85Q. Sport 85R. Insurance etc PART 5B--Prohibition of discrimination on other grounds Division 1--Discrimination to which Part 5B applies 85T. Criteria for establishing discrimination on other grounds Division 2--Discrimination against workers 85U. Application of Division 85V. Discrimination against applicants and employees 85W. Discrimination against agents and independent contractors 85X. Discrimination against contract workers 85Y. Discrimination within partnerships 85Z. Exemptions Division 3--Discrimination by other bodies 85ZA. Application of Division 85ZB. Discrimination by associations 85ZC. Discrimination by qualifying bodies Division 4--Discrimination in education 85ZD. Application of Division 85ZE. Discrimination by educational authorities Division 5--Discrimination in relation to land, goods, services and accommodation 85ZF. Discrimination by person disposing of interest in land 85ZG. Discrimination in provision of goods and services 85ZH. Discrimination in relation to accommodation Division 6--General exemptions from Part 5B 85ZI. Charities 85ZJ. Rights in connection with pregnancy 85ZK. Measures intended to achieve equality 85ZL. Exemption relating to identity of spouse or domestic partner 85ZM. Religious bodies 85ZN. Exemption relating to religious appearance or dress PART 6--Other unlawful acts 86. Victimisation is unlawful 87. Sexual harassment 87A. Sharing accommodation with child 87B. Student breast feeding infant 88. Assistance animals 88A. Therapeutic animals 89. Notification to be given of proposed discrimination based on actuarial or statistical data 90. Aiding unlawful acts 91. Civil liability of employers and principals PART 7--Grant of exemptions 92. The Tribunal may grant exemptions PART 8--Enforcement Division 1--Proceedings before Commissioner and Tribunal 93. Making of complaints 93AA. Manner of dealing with complaints of sexual harassment by judicial officers and members of Parliament 93A. Institution of inquiries 94. Investigation of complaints or matters referred to Commissioner 95. Conciliation of complaints lodged with Commissioner 95A. Commissioner may decline complaints in certain circumstances 95B. Referral of complaints to Tribunal 95C. Assistance to parties before Tribunal 95D. Referral of matters to Tribunal 96. Power of Tribunal to make certain orders 96A. Limitation on publicity relating to child Division 2--Review and appeal 96B. Review of refusal to extend time 97. Reasons for decision or order 98. Appeal PART 9--Miscellaneous 99. No further sanctions for breach of Act 100. Proceedings under Fair Work Act 1994 102. Offences against Commissioner 103. Discriminatory advertisements 104. Service of documents 105. Power of Presiding Officer to make rules 106. Regulations Legislative history EQUAL OPPORTUNITY ACT 1984 - LONG TITLE An Act to promote equality of opportunity between the citizens of this State; to prevent certain kinds of discrimination based on sex, race, disability, age or various other grounds; to facilitate the participation of citizens in the economic and social life of the community; and to deal with other related matters. EQUAL OPPORTUNITY ACT 1984 - SECT 1 1--Short title This Act may be cited as the Equal Opportunity Act 1984. EQUAL OPPORTUNITY ACT 1984 - SECT 5 5--Interpretation (1) In this Act, unless the contrary intention appears-- "act" includes an omission; "assistance animal" means-- (a) a dog that is an accredited guide dog, an accredited hearing dog or an accredited disability dog under the Dog and Cat Management Act 1995; or (b) an animal of a class prescribed by regulation; "business" includes a business that is not carried on for profit; "caring responsibilities"--see subsection (3); "child" means a person who is under the age of 18 years; "chosen gender"--see subsection (5); "close personal relationship" means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include-- (a) the relationship between a legally married couple; or (b) a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind; Note-- Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them. "Commissioner" means the person for the time being holding or acting in the office of Commissioner for Equal Opportunity under this Act; "council" means a council constituted under the Local Government Act 1999; "court" includes a tribunal; "detriment" includes humiliation or denigration; "disability", in relation to a person, means-- (a) total or partial loss of the person's bodily or mental functions; or (b) total or partial loss of a part of the body; or (c) the presence in the body of organisms causing disease or illness; or (d) the presence in the body of organisms capable of causing disease or illness; or (e) the malfunction, malformation or disfigurement of a part of the person's body; or (f) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or (g) a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour; "domestic partner"--a person is the domestic partner of another if he or she lives with the other in a close personal relationship; "educational authority" means the person or body administering a school, college, university or other institution at which education or training is provided; "employee"-- (a) includes the holder of a public or statutory office (not being a judicial or magisterial office); and (b) includes an unpaid worker; "employer"-- (a) in relation to the holder of a public or statutory office--means the Crown; (b) in relation to an unpaid worker--means an organisation for which the unpaid worker performs services; "employment" includes unpaid work; "employment agency" means a person who, for fee or reward, introduces persons seeking work to persons seeking to employ or engage persons to perform work; "introduction agency" means a person who carries on a business of introducing persons who are seeking companionship or social contact; "judicial officer" means a member of a court or tribunal; "marital or domestic partnership status" means the status or condition of-- (a) being single; or (b) being married; or (c) being married but living separately and apart from one's spouse; or (d) being divorced; or (e) being widowed; or (f) being a domestic partner; "medical practitioner" means a person who is registered in this State as a medical practitioner; "member" of the Tribunal includes a deputy duly acting in a member's place; "near relative" of a person means spouse, domestic partner, parent, child, grandparent, grandchild, brother or sister; "panel" means the panel established by the Governor under Part 2 for the purposes of the constitution of the Tribunal; "parliamentary proceedings" means proceedings before-- (a) the House of Assembly or the Legislative Council; or (b) a committee of either House or of both Houses; "potential pregnancy" of a woman means that the woman is likely, or is perceived as being likely, to become pregnant; "race" of a person means the nationality (current, past or proposed), country of origin, colour or ancestry of the person; "registered industrial association" means an industrial association or organisation registered under a law of the State or the Commonwealth; "Registrar" means the person holding or acting in the office of Registrar of the Tribunal under this Act; "secondary education institution" means an institution at which secondary education is provided; "services to which this Act applies" means-- (a) access to or use of a place or facilities that members of the public are permitted to enter or use; or (b) services provided by an employment agency; or (c) services provided in the course of a banking business (within the meaning of the Banking Act 1959 of the Commonwealth), the provision of credit, or insurance; or (d) the provision of a scholarship, prize or award; or (e) entertainment, recreation or refreshment; or (f) services provided by an introduction agency; or (g) the provision of coaching or umpiring in a sport; or (h) services connected with transportation or travel; or (i) services of a profession or trade; or (j) services provided by a Government department, instrumentality or agency or a council; "sexuality" means heterosexuality, homosexuality or bisexuality; "spouse"--a person is the spouse of another if they are legally married; "Tribunal" means the Equal Opportunity Tribunal established under this Act; "unpaid worker" means a person who performs work for an employer for no remuneration. (2) A reference in this Act or in the repealed Sex Discrimination Act 1975 to the provision of a service does not include, and will be taken never to have included, the carrying out of either of the following fertilisation procedures: (a) artificial insemination; or (b) the procedure of fertilising an ovum outside the body and transferring the fertilised ovum into the uterus. (3) For the purposes of this Act-- (a) a person has "caring responsibilities" if the person has responsibilities to care for or support-- (i) a dependent child of the person; or (ii) any other immediate family member of the person who is in need of care and support; and (b) an Aboriginal or Torres Strait Islander person also has "caring responsibilities if the person has responsibilities to care for or support any person to whom that person is held to be related according to Aboriginal kinship rules or Torres Strait Islander kinship rules, as the case may require. (4) In subsection (3)-- "child" includes an adopted child, a step-child or an ex-nuptial child; "dependent child" of a person means a child who is wholly or substantially dependent on the person; "immediate family member" of a person includes-- (a) the person's spouse or domestic partner or former spouse or former domestic partner; and (b) an adult child, parent, grandparent, grandchild, or sibling of the person or of the spouse or domestic partner of the person. (5) For the purposes of this Act, a person is a person of a "chosen gender if-- (a) the person identifies on a genuine basis as a member of the opposite sex by assuming characteristics of the opposite sex (whether by means of medical intervention, style of dressing or otherwise) or by living, or seeking to live, as a member of the opposite sex; or (b) the person, being of indeterminate sex, identifies on a genuine basis as a member of a particular sex by assuming characteristics of the particular sex (whether by means of medical intervention, style of dressing or otherwise) or by living, or seeking to live, as a member of the particular sex. EQUAL OPPORTUNITY ACT 1984 - SECT 6 6--Interpretative provisions (1) For the purposes of this Act, the holder of a public or statutory office will, in carrying out official duties, be taken to be acting in the course of employment. (2) For the purposes of this Act, a person acts on a particular ground referred to in this Act if the person in fact acts on a number of grounds, one of which is the ground so referred to, and that ground is a substantial reason for the act. (3) For the purposes of this Act, a person (the "discriminator") treats another unfavourably on the basis of a particular attribute or circumstance if the discriminator treats that other person less favourably than in identical or similar circumstances the discriminator treats, or would treat, a person who does not have that attribute or is not affected by that circumstance. (4) For the purposes of this Act, an act will be regarded as a discriminatory act despite the fact that the person alleged to have committed the act did so on the basis of a mistaken assumption (for example, a mistaken assumption that another person was of a particular sexuality or a particular race or a person of a chosen gender). EQUAL OPPORTUNITY ACT 1984 - SECT 7 7--Crown is bound This Act binds the Crown. EQUAL OPPORTUNITY ACT 1984 - SECT 8 8--The Commissioner (1) There will be a Commissioner for Equal Opportunity. (2) The Commissioner will be appointed for a term of five years and will, at the expiration of a term of appointment, be eligible for reappointment. (3) The Commissioner is not a Public Service employee. (4) The terms and conditions of the Commissioner's appointment will be fixed by the Governor on the recommendation of the Commissioner for Public Employment. (5) A Public Service employee may be appointed to act temporarily as the Commissioner. EQUAL OPPORTUNITY ACT 1984 - SECT 9 9--Staff (1) The Commissioner will have such staff as is necessary for the administration of this Act. (2) The Commissioner's staff will consist of Public Service employees. EQUAL OPPORTUNITY ACT 1984 - SECT 10 10--Administration of Act and Ministerial direction (1) The Commissioner is responsible to the Minister for the general administration of this Act and, in carrying out that function, is subject to the general control and direction of the Minister. (2) However, the Minister-- (a) must not give a direction in relation to the manner in which action should be taken on a particular complaint; and (b) must not seek information tending to identify a party to proceedings under this Act. EQUAL OPPORTUNITY ACT 1984 - SECT 11 11--Functions of Commissioner (1) The Commissioner must foster and encourage amongst members of the public informed and unprejudiced attitudes with a view to eliminating discrimination on the grounds to which this Act applies. (2) The Commissioner may institute, promote or assist in research, the collection of data and the dissemination of information relating to discrimination on the grounds to which this Act applies. (3) The Commissioner may make recommendations to the Minister as to reforms, whether of a legislative nature or otherwise, that the Commissioner believes will further the objects of this Act. EQUAL OPPORTUNITY ACT 1984 - SECT 14 14--Annual report by Commissioner (1) The Commissioner must, not later than 30 September in each year, report to the Minister on-- (a) the operation and administration of this Act; and (b) the work undertaken by the Commissioner under section 11, during the previous financial year. (2) The Minister must cause a copy of a report furnished under subsection (1) to be laid before each House of Parliament within 12 sitting days of receipt of the report if Parliament is then in session, but if Parliament is not then in session, within 12 days of the commencement of the next session of Parliament. EQUAL OPPORTUNITY ACT 1984 - SECT 15 15--Power of Commissioner to delegate (1) The Commissioner may, with the approval of the Minister, delegate powers and functions under this Act to a person from time to time holding or acting in a particular Public Service position. (2) A delegation under this section is revocable at will and does not derogate from the power of the Commissioner to act personally in a matter. EQUAL OPPORTUNITY ACT 1984 - SECT 16 16--Immunity from liability (1) No personal liability attaches to the Commissioner for an act or omission in good faith and in the exercise, or purported exercise, or the discharge, or purported discharge, of official powers or duties. (2) A liability that would, but for subsection (1), lie against the Commissioner lies against the Crown. EQUAL OPPORTUNITY ACT 1984 - SECT 17 17--The Tribunal The Equal Opportunity Tribunal is established. EQUAL OPPORTUNITY ACT 1984 - SECT 18 18--Presiding Officer and Deputy Presiding Officers (1) There will be-- (a) a Presiding Officer of the Tribunal; and (b) as many Deputy Presiding Officers of the Tribunal as are necessary for the proper functioning of the Tribunal. (2) The Presiding Officer and Deputy Presiding Officers will be appointed by the Governor. (3) A person is not eligible for appointment as the Presiding Officer unless he or she is-- (a) a judge of a court of this State or the Commonwealth; or (b) a magistrate. (4) A person is not eligible for appointment as a Deputy Presiding Officer unless he or she is-- (a) a judge of a court of this State or the Commonwealth; or (b) a magistrate; or (c) a legal practitioner of not less than seven years standing. (5) If a judge or magistrate is appointed as the Presiding Officer, or as a Deputy Presiding Officer, the following provisions apply: (a) the appointment will be for a term of office of three years and, on completion of a term of office, the appointee will be eligible for reappointment; (b) the office will become vacant if-- (i) the appointee completes a term of office and is not reappointed; or (ii) the appointee ceases to be a judge or magistrate; or (iii) the appointee resigns by notice in writing to the Minister. (6) If a legal practitioner is appointed as a Deputy Presiding Officer, the following provisions apply: (a) the appointment will be for a term of office of three years and, on completion of a term of office, the appointee will be eligible for reappointment; (b) the appointee may be removed from office by the Governor on the ground of-- (i) mental or physical incapacity to carry out official duties satisfactorily; or (ii) neglect of duty; or (iii) dishonourable conduct; (c) the office will become vacant if-- (i) the appointee completes a term of office and is not reappointed; or (ii) the appointee is removed from office; or (iii) the appointee resigns by notice in writing to the Minister. EQUAL OPPORTUNITY ACT 1984 - SECT 19 19--Panel (1) The Governor may establish a panel comprised of not more than 12 persons nominated by the Minister to be available for selection to sit at hearings of the Tribunal. (2) In selecting nominees for appointment to the panel, the Minister must ensure that each nominee has expertise that would be of value to the Tribunal in dealing with the various classes of discrimination to which this Act applies and must have regard to-- (a) the experience; and (b) the knowledge; and (c) the sensitivity, of those who come under consideration. (3) A member of the panel-- (a) will be appointed for a term of office of three years; and (b) on the completion of a term of office, will be eligible for reappointment. (4) The Governor may remove a member of the panel from office on the ground of-- (a) mental or physical incapacity to carry out official duties satisfactorily; or (b) neglect of duty; or (c) dishonourable conduct. (5) The office of a member of the panel will become vacant if-- (a) the member completes a term of office and is not reappointed; or (b) the member is removed from office; or (c) the member resigns by notice in writing to the Minister. (6) The Governor may make appointments from time to time for the purpose of maintaining or increasing the membership of the panel. EQUAL OPPORTUNITY ACT 1984 - SECT 20 20--Allowances and expenses A member of the Tribunal is entitled to receive such allowances and expenses as the Governor may from time to time determine. EQUAL OPPORTUNITY ACT 1984 - SECT 21 21--Validity of acts of the Tribunal and immunity of its members (1) An act or proceeding of the Tribunal is not invalid by reason of a vacancy in its membership or in the membership of the panel, or by reason of a defect in the appointment of a person to the Tribunal or the panel. (2) No liability attaches to a member of the Tribunal for an act or omission by the member, or by the Tribunal, in good faith and in the exercise of official powers or functions, or in the discharge of official duties. EQUAL OPPORTUNITY ACT 1984 - SECT 22 22--Constitution of the Tribunal for the hearing of proceedings (1) In relation to the hearing of proceedings, the Tribunal will be constituted of the following members: (a) the Presiding Officer or a Deputy Presiding Officer of the Tribunal; and (b) two members of the panel selected by the Presiding Officer to sit at the hearing of those proceedings. (2) In selecting members from the panel for the purpose of hearing proceedings, the Presiding Officer must endeavour to select those members who have expertise that is relevant to the subject matter of the proceedings. (3) The Tribunal, separately constituted in accordance with this section, may sit simultaneously for the purpose of hearing and determining separate proceedings. EQUAL OPPORTUNITY ACT 1984 - SECT 23 23--Conduct of proceedings (1) If the Tribunal is constituted for the purpose of hearing proceedings-- (a) the Presiding Officer or Deputy Presiding Officer, as the case may be, will preside at the proceedings; and (b) the Presiding Officer or Deputy Presiding Officer will determine questions relating to the admissibility of evidence or other questions of law or procedure; and (c) on other questions before the Tribunal, a decision in which any two members concur is a decision of the Tribunal. (1a) The Tribunal constituted of the person presiding over the proceedings may, sitting alone-- (a) deal with-- (i) preliminary, interlocutory or procedural matters; or (ii) questions of costs; or (iii) questions of law; or (b) embody the terms of a settlement in an order, and may, for that purpose or as a consequence, while sitting alone, make any determination or order (including a final order) that the person considers appropriate. (2) The Tribunal must act according to equity, good conscience and the substantial merits of the case, without regard to technicalities and legal forms, and is not bound by the rules of evidence, but may inform itself on a matter in such manner as it thinks fit. (3) Subject to subsection (4), proceedings before the Tribunal must be held in public. (4) The Tribunal may, of its own motion or on the application of a party to the proceedings, direct that proceedings or a part of proceedings be held in private. (5) Subject to this Act, the business of the Tribunal will be conducted in such manner as the Presiding Officer determines. EQUAL OPPORTUNITY ACT 1984 - SECT 24 24--Parties to proceedings etc (1) The Tribunal must give to a party to proceedings before the Tribunal-- (a) reasonable notice of the time and place at which it intends to hear those proceedings; and (b) reasonable opportunity to call or give evidence, examine or cross-examine witnesses and make submissions to the Tribunal. (2) If a person to whom a notice has been given under subsection (1) fails to attend at the time and place specified in the notice, the Tribunal may hear the proceedings in the absence of that person. (3) If, in the opinion of the Tribunal, a person ought to be bound by, or have the benefit of, its determination, or is otherwise legitimately interested in proceedings before the Tribunal, it may-- (a) direct that the person be joined as a party to the proceedings; or (b) grant the person leave to intervene in the proceedings. (4) A person appearing in proceedings before the Tribunal-- (a) is entitled to appear personally or by counsel; or (b) may, by leave of the Tribunal, be represented by an officer or employee of a registered industrial association or by any other person. EQUAL OPPORTUNITY ACT 1984 - SECT 25 25--General powers of Tribunal (1) In the exercise of its powers and functions under this Act, the Tribunal may-- (a) by summons signed on behalf of the Tribunal by a member of the Tribunal or the Registrar, require the attendance before the Tribunal of a person; or (b) by summons signed on behalf of the Tribunal by a member of the Tribunal or the Registrar, require the production of books, papers or documents; or (c) inspect books, papers or documents produced before it, retain them for such reasonable period as it thinks fit and make copies of them or their contents; or (d) require a person to make an oath or affirmation to answer truthfully all questions put by the Tribunal relating to a matter being inquired into by the Tribunal (which oath or affirmation may be administered by a member of the Tribunal); or (e) require a person appearing before the Tribunal, including the person whose conduct is subject to an inquiry (whether summoned to appear or not), to answer relevant questions put by a member of the Tribunal, or by a person appearing before the Tribunal. (2) Subject to subsection (3), if a person-- (a) who has been served with a summons to attend before the Tribunal fails without reasonable excuse to attend in obedience to the summons; or (b) who has been served with a summons to produce books, papers or documents fails without reasonable excuse to comply with the summons; or (c) misbehaves before the Tribunal, wilfully insults the Tribunal or a member of the Tribunal, or interrupts the proceedings of the Tribunal; or (d) refuses to be sworn or to affirm, or to answer a question, when required to do so by the Tribunal, the person is guilty of an offence. Maximum penalty: $5 000. (3) A person is not obliged to answer a question or to produce a book, paper or document if the answer or the contents of the book, paper or document would tend to incriminate the person of an offence. (4) In the course of proceedings, the Tribunal may-- (a) receive in evidence the transcript of evidence in proceedings before a court or tribunal and draw such conclusions of fact from that evidence as it considers proper; or (b) adopt, as in its discretion it considers proper, any findings, decision or judgment of a court or tribunal that may be relevant to the proceedings. EQUAL OPPORTUNITY ACT 1984 - SECT 26 26--Tribunal may not award costs except in certain circumstances (1) The Tribunal may make an order for costs in proceedings in accordance with the scale prescribed for that purpose-- (a) if in the opinion of the Tribunal the proceedings are frivolous or vexatious; or (b) if in the opinion of the Tribunal the proceedings have been instituted or prosecuted for the purpose of delay or obstruction; or (c) if in the opinion of the Tribunal there are other good reasons for doing so. (2) If a party to proceedings before the Tribunal applies for an adjournment of the hearing of those proceedings, the Tribunal may grant that application on such terms as it considers just, and may make an order for costs in accordance with a scale prescribed for the purpose against the applicant for the adjournment in favour of any other party to the proceedings. (3) Costs awarded by the Tribunal under this section may be recovered by the person in whose favour they were awarded as a debt due from the person against whom the order was made. EQUAL OPPORTUNITY ACT 1984 - SECT 27 27--Tribunal may conciliate (1) If, before or during the hearing of proceedings under this Act, it appears to the Tribunal, either from the nature of the case or from the attitude of the parties, that there is a reasonable possibility of the matters in dispute between the parties being settled by conciliation, one or more members of the Tribunal may-- (a) interview the parties (either with or without their representatives); and (b) endeavour to bring about a settlement of the proceedings on terms that are fair to all parties. (2) Nothing said or done in the course of an attempt to settle proceedings under this section can subsequently be given in evidence in any proceedings, nor is a member of the Tribunal involved in the attempt disqualified from sitting to continue the hearing of the proceedings. (3) If proceedings are settled under this section, the Tribunal may embody the terms of the settlement in an order. EQUAL OPPORTUNITY ACT 1984 - SECT 28 28--Registrar (1) There will be a Registrar of the Tribunal. (2) The Registrar is a Public Service employee. EQUAL OPPORTUNITY ACT 1984 - SECT 29 29--Criteria for discrimination on ground of sex, chosen gender or sexuality (2) For the purposes of this Act, a person discriminates on the ground of sex-- (a) if he or she treats another unfavourably because of the other's sex; or (b) if he or she treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and-- (i) the nature of the requirement is such that a substantially higher proportion of persons of the opposite sex complies, or is able to comply, with the requirement than of those of the other's sex; and (ii) the requirement is not reasonable in the circumstances of the case; or (c) if he or she treats another unfavourably on the basis of a characteristic that appertains generally to persons of the other's sex, or on the basis of a presumed characteristic that is generally imputed to persons of that sex; or (d) if he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs. (2a) For the purposes of this Act, a person discriminates on the ground of chosen gender-- (a) if he or she treats another unfavourably because the other is or has been a person of a chosen gender or because of the other's past sex; or (b) if he or she treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and-- (i) the nature of the requirement is such that a substantially higher proportion of persons who are not persons of a chosen gender comply, or are able to comply, with the requirement than of those of a chosen gender; and (ii) the requirement is not reasonable in the circumstances of the case; or (c) if he or she treats another unfavourably on the basis of a characteristic that appertains generally to persons of a chosen gender, or on the basis of a presumed characteristic that is generally imputed to persons of a chosen gender; or (d) if he or she requires a person of a chosen gender to assume characteristics of the sex with which the person does not identify; or (e) if he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs. (3) For the purposes of this Act, a person discriminates on the ground of sexuality-- (a) if he or she treats another unfavourably because of the other's sexuality or past sexuality; or (b) if he or she treats another person unfavourably because the other does not comply, or is not able to comply, with a particular requirement and-- (i) the nature of the requirement is such that a substantially higher proportion of persons of a different sexuality complies, or is able to comply, with the requirement than of those of the other's sexuality; and (ii) the requirement is not reasonable in the circumstances of the case; or (c) if he or she treats another unfavourably on the basis of a characteristic that appertains generally to persons of the other's sexuality, or presumed sexuality, or on the basis of a presumed characteristic that is generally imputed to persons of that sexuality; or (d) if he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs. EQUAL OPPORTUNITY ACT 1984 - SECT 30 30--Discrimination against applicants and employees (1) It is unlawful for an employer to discriminate against a person on the ground of sex, chosen gender or sexuality-- (a) in determining, or in the course of determining, who should be offered employment; or (b) in the terms or conditions on which employment is offered. (2) It is unlawful for an employer to discriminate against an employee on the ground of sex, chosen gender or sexuality-- (a) in the terms or conditions of employment; or (b) by denying or limiting access to opportunities for promotion, transfer or training, or to other benefits connected with employment; or (c) by dismissing the employee; or (d) by subjecting the employee to other detriment. EQUAL OPPORTUNITY ACT 1984 - SECT 31 31--Discrimination against agents and independent contractors (1) This section applies to a principal for whom work is done-- (a) by agents remunerated by commission; or (b) by independent contractors engaged under a contract for services. (2) It is unlawful for the principal to discriminate against a person on the ground of sex, chosen gender or sexuality-- (a) in determining, or in the course of determining, who should be engaged as an agent or independent contractor; or (b) in the terms or conditions on which such an engagement is offered. (3) It is unlawful for the principal to discriminate against an agent or independent contractor on the ground of sex, chosen gender or sexuality-- (a) in the terms or conditions on which the agent or independent contractor is engaged; or (b) by denying or limiting access to opportunities for promotion, transfer or training or other benefits connected with the agent's or independent contractor's position; or (c) by terminating the engagement; or (d) by subjecting the agent or independent contractor to other detriment. EQUAL OPPORTUNITY ACT 1984 - SECT 32 32--Discrimination against contract workers (1) This section applies to a principal for whom work is done by persons ("contract workers") under a contract between the principal and another where the contract workers are employed or engaged by a person other than the principal. (2) It is unlawful for a principal to enter into a contract or arrangement with another for work to be performed by contract workers under which a person is to discriminate against a contract worker on the ground of sex, chosen gender or sexuality. (3) It is unlawful for the principal to discriminate against a contract worker on the ground of sex, chosen gender or sexuality-- (a) in the terms or conditions on which the contract worker is allowed to work; or (b) by not allowing the contract worker to work; or (c) by denying or limiting access to a benefit connected with the employment or position concerned; or (d) by subjecting the contract worker to other detriment. EQUAL OPPORTUNITY ACT 1984 - SECT 33 33--Discrimination within partnerships (1) It is unlawful for a firm, or a person promoting the formation of a firm, to discriminate against a person on the ground of sex, chosen gender or sexuality in determining, or in the course of determining, who should be offered a position as partner in the firm. (3) It is unlawful for a firm, or a person promoting the formation of a firm, to discriminate against a person on the ground of sex, chosen gender or sexuality in the terms or conditions on which that person is offered a position as partner in the firm. (4) It is unlawful for a firm to discriminate against a partner on the ground of sex, chosen gender or sexuality-- (a) in the terms or conditions of membership of the firm; or (b) by denying or limiting access to a benefit arising from membership of the firm; or (c) by expelling the partner from the firm; or (d) by subjecting the partner to other detriment. EQUAL OPPORTUNITY ACT 1984 - SECT 34 34--Exemptions (1) This Division does not apply in relation to-- (a) an employer employing a person for purposes not connected with a business carried on by the employer; or (b) a principal engaging a natural person as an independent contractor for purposes not connected with a business carried on by the principal. (2) This Division does not apply to discrimination on the ground of sex, chosen gender or sexuality in relation to employment or engagement for which it is a genuine occupational requirement that a person be a person of a particular sex, a person of a chosen gender or a person of a particular sexuality. (3) This Division does not apply to discrimination on the ground of chosen gender or sexuality in relation to employment or engagement for the purposes of an educational institution if-- (a) the educational institution is administered in accordance with the precepts of a particular religion and the discrimination is founded on the precepts of that religion; and (b) the educational authority administering the institution has a written policy stating its position in relation to the matter; and (c) a copy of the policy is given to a person who is to be interviewed for or offered employment with the authority or a teacher who is to be offered engagement as a contractor by the authority; and (d) a copy of the policy is provided on request, free of charge-- (i) to employees and contractors and prospective employees and contractors of the authority to whom it relates or may relate; and (ii) to students, prospective students and parents and guardians of students and prospective students of the institution; and (iii) to other members of the public. (4) This Division does not apply to discrimination on the ground of chosen gender in relation to employment or engagement if the discrimination is for the purposes of enforcing standards of appearance and dress reasonably required for the employment or engagement. EQUAL OPPORTUNITY ACT 1984 - SECT 35 35--Discrimination by associations (1) It is unlawful for an association to discriminate-- (a) against an applicant for membership on the ground of sex, chosen gender or sexuality-- (i) by refusing or failing to admit the applicant to membership, or to a particular class of membership, of the association; or (ii) in the terms on which the applicant is, or may be, admitted to membership, or a particular class of membership; or (b) against a member of the association on the ground of sex, chosen gender or sexuality-- (i) by refusing or failing to provide a particular service or benefit to that member; or (ii) in the terms on which a particular service or benefit is provided to that member; or (iii) by expelling that member from the association or subjecting him or her to other detriment. (2) This section does not apply to discrimination on the ground of sex in relation to the use or enjoyment of a service or benefit provided by an association-- (a) if it is not practicable for the service or benefit to be used or enjoyed simultaneously by both men and women, but the same, or an equivalent, service or benefit is provided for the use or enjoyment of men and women separately from each other or at different times; or (b) if it is not practicable for the service or benefit to be used or enjoyed to the same extent by both men and women, but both men and women are entitled to a fair and reasonable proportion of the use or enjoyment of the service or benefit. (2a) This section does not render unlawful an association established for-- (a) persons of a particular sex; or (b) persons of a chosen gender; or (c) persons of a particular sexuality (other than heterosexuality), and, consequently, such an association may discriminate against an applicant for membership so as to exclude from membership persons other than those for whom the association is established. (2b) This section does not apply to discrimination on the ground of chosen gender or sexuality if the association is administered in accordance with the precepts of a particular religion and the discrimination is founded on the precepts of that religion. (3) Without limiting the generality of this section, an association discriminates against a member of a particular class in the association if, on application by that member to join a different class of membership in the association, the association accords the member a lower order of precedence on the list of applicants for that class of membership than that accorded to an applicant who is not a member of the association. EQUAL OPPORTUNITY ACT 1984 - SECT 36 36--Discrimination by qualifying bodies It is unlawful for an authority or body empowered to confer an authorisation or qualification that is needed for, or facilitates, the practice of a profession, or the carrying on or engaging in of a trade or occupation, to discriminate against a person on the ground of sex, chosen gender or sexuality-- (a) by refusing or failing to confer or renew that authorisation or qualification; or (b) in the terms or conditions on which it confers or renews the authorisation or qualification; or (c) by withdrawing the authorisation or qualification, or varying the terms or conditions on which it is held. EQUAL OPPORTUNITY ACT 1984 - SECT 37 37--Discrimination by educational authorities (1) It is unlawful for an educational authority to discriminate against a person on the ground of sex, chosen gender or sexuality-- (a) by refusing or failing to accept an application for admission as a student; or (b) in the terms or conditions on which it offers to admit the person as a student. (2) It is unlawful for an educational authority to discriminate against a student on the ground of sex, chosen gender or sexuality-- (a) in the terms or conditions on which it provides the student with training or education; or (b) by denying or limiting access to a benefit provided by the authority; or (c) by expelling the student; or (d) by subjecting the student to other detriment. (3) This section does not apply to discrimination on the ground of sex in respect of-- (a) admission to a school, college, university or institution established wholly or mainly for students of the one sex; or (b) the admission of a person to a school, college or institution (not being a tertiary level school, college or institution) if the level of education or training sought by the person is provided only for students of the one sex; or (c) the provision at a school, college, university or institution of boarding facilities for students of the one sex. EQUAL OPPORTUNITY ACT 1984 - SECT 38 38--Discrimination by person disposing of an interest in land (1) It is unlawful for a person to discriminate against another on the ground of sex, chosen gender or sexuality-- (a) by refusing or failing to dispose of an interest in land to the other person; or (b) in the terms or conditions on which an interest in land is offered to the other person. (2) This section does not apply to the disposal of an interest in land by way of, or pursuant to, a testamentary disposition or gift. EQUAL OPPORTUNITY ACT 1984 - SECT 39 39--Discrimination in provision of goods and services (1) It is unlawful for a person who offers or provides-- (a) goods; or (b) services to which this Act applies, (whether for payment or not) to discriminate against another on the ground of sex, chosen gender or sexuality-- (c) by refusing or failing to supply the goods or perform the services; or (d) in the terms or conditions on which or the manner in which the goods are supplied or the services are performed. (2) If the nature of a skill varies according to whether it is exercised in relation to men or to women, a person does not contravene this section by exercising the skill in relation to men only, or women only, in accordance with the person's normal practice. EQUAL OPPORTUNITY ACT 1984 - SECT 40 40--Discrimination in relation to accommodation (1) It is unlawful for a person to discriminate against another on the ground of sex, chosen gender or sexuality-- (a) in the terms or conditions on which accommodation is offered; or (b) by refusing an application for accommodation; or (c) by deferring such an application or according the applicant a lower order of precedence on a list of applicants for that accommodation. (2) It is unlawful for a person to discriminate against a person for whom accommodation has been provided on the ground of sex, chosen gender or sexuality-- (a) in the terms or conditions on which accommodation is provided; or (b) by denying or limiting access to a benefit connected with the accommodation; or (c) by evicting the person; or (d) by subjecting the person to other detriment. (3) This section does not apply to discrimination in relation to the provision of accommodation if the person who provides, or proposes to provide, the accommodation, or a near relative of that person, resides, and intends to continue to reside, in the same household as the person requiring the accommodation. (4) This section does not apply to discrimination on the ground of sex in relation to the provision of accommodation by an organisation that does not seek to secure a pecuniary profit for its members, if the accommodation is provided only for persons of the one sex. EQUAL OPPORTUNITY ACT 1984 - SECT 45 45--Charities This Part does not-- (a) affect a provision in a charitable instrument for conferring benefits wholly or mainly on-- (i) persons of the one sex; or (ia) persons of a chosen gender; or (ii) persons of a particular sexuality; or (b) render unlawful an act done to give effect to such a provision. EQUAL OPPORTUNITY ACT 1984 - SECT 47 47--Measures intended to achieve equality This Part does not render unlawful an act done for the purpose of carrying out a scheme or undertaking intended to ensure that persons of the one sex, persons of a chosen gender, or persons of a particular sexuality, have equal opportunities with, respectively, persons of the other sex, persons who are not persons of a chosen gender or persons of another sexuality, in circumstances to which this Part applies. EQUAL OPPORTUNITY ACT 1984 - SECT 48 48--Sport This Part does not render unlawful the exclusion of persons of the one sex from participation in a competitive sporting activity in which the strength, stamina or physique of the competitor is relevant. EQUAL OPPORTUNITY ACT 1984 - SECT 49 49--Insurance etc This Part does not render unlawful discrimination on the ground of sex in the terms on which an annuity, life assurance, accident insurance or other form of insurance is offered or may be obtained, if the discrimination-- (a) is based on actuarial or statistical data from a source on which it is reasonable to rely; and (b) is reasonable having regard to that data. EQUAL OPPORTUNITY ACT 1984 - SECT 50 50--Religious bodies (1) This Part does not render unlawful discrimination in relation to-- (a) the ordination or appointment of priests, ministers of religion or members of a religious order; or (b) the training or education of persons seeking ordination or appointment as priests, ministers of religion or members of a religious order; or (ba) the administration of a body established for religious purposes in accordance with the precepts of that religion; or (c) any other practice of a body established for religious purposes that conforms with the precepts of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion. EQUAL OPPORTUNITY ACT 1984 - SECT 51 51--Criteria for establishing discrimination on ground of race For the purposes of this Act, a person discriminates on the ground of race-- (a) if he or she treats another unfavourably by reason of the other's race; or (b) if he or she treats another person unfavourably because the other does not comply, or is not able to comply, with a particular requirement and-- (i) the nature of the requirement is such that a substantially higher proportion of persons of a different race complies, or is able to comply, with the requirement than of those of the other's race; and (ii) the requirement is not reasonable in the circumstances of the case; or (c) if he or she treats another unfavourably on the basis of a characteristic that appertains generally to persons of the other's race, or on the basis of a presumed characteristic that is generally imputed to persons of that race; or (d) if he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs. EQUAL OPPORTUNITY ACT 1984 - SECT 52 52--Discrimination against applicants and employees (1) It is unlawful for an employer to discriminate against a person on the ground of race-- (a) in determining, or in the course of determining, who should be offered employment; or (b) in the terms or conditions on which employment is offered. (2) It is unlawful for an employer to discriminate against an employee on the ground of race-- (a) in the terms or conditions of employment; or (b) by denying or limiting access to opportunities for promotion, transfer or training, or to other benefits connected with employment; or (c) by dismissing the employee; or (d) by segregating the employee from persons of other races; or (e) by subjecting the employee to other detriment. EQUAL OPPORTUNITY ACT 1984 - SECT 53 53--Discrimination against agents and independent contractors (1) This section applies to a principal for whom work is done-- (a) by agents remunerated by commission; or (b) by independent contractors engaged under a contract for services. (2) It is unlawful for the principal to discriminate against a person on the ground of race-- (a) in determining, or in the course of determining, who should be engaged as an agent or independent contractor; or (b) in the terms or conditions on which such an engagement is offered. (3) It is unlawful for the principal to discriminate against an agent or independent contractor on the ground of race-- (a) in the terms or conditions on which the agent or independent contractor is engaged; or (b) by denying or limiting access to opportunities for promotion, transfer or training or other benefits connected with the agent's or independent contractor's position; or (c) by terminating the engagement; or (d) by subjecting the agent or independent contractor to other detriment. EQUAL OPPORTUNITY ACT 1984 - SECT 54 54--Discrimination against contract workers (1) This section applies to a principal for whom work is done by persons ("contract workers") under a contract between the principal and another where the contract workers are employed or engaged by a person other than the principal. (2) It is unlawful for a principal to enter into a contract or arrangement with another for work to be performed by contract workers under which a person is to discriminate against a contract worker on the ground of race. (3) It is unlawful for the principal to discriminate against a contract worker on the ground of race-- (a) in the terms or conditions on which the contract worker is allowed to work; or (b) by not allowing the contract worker to work; or (c) by denying or limiting access to a benefit connected with the employment or position concerned; or (d) by subjecting the contract worker to other detriment. EQUAL OPPORTUNITY ACT 1984 - SECT 55 55--Discrimination within partnerships (1) It is unlawful for a firm, or a person promoting the formation of a firm, to discriminate against a person on the ground of race-- (a) in determining, or in the course of determining, who should be offered a position as partner in the firm; or (b) in the terms or conditions on which that person is offered a position as partner in the firm. (2) It is unlawful for a firm to discriminate against a partner on the ground of race-- (a) in the terms or conditions of membership of the firm; or (b) by denying or limiting access to a benefit arising from membership of the firm; or (c) by expelling the partner from the firm; or (d) by subjecting the partner to other detriment. EQUAL OPPORTUNITY ACT 1984 - SECT 56 56--Exemptions (1) This Division does not apply in relation to-- (a) an employer employing a person for purposes not connected with a business carried on by the employer; or (b) a principal engaging a natural person as an independent contractor for purposes not connected with a business carried on by the principal. (2) This Division does not apply to discrimination on the ground of race in relation to employment or engagement for which it is a genuine occupational requirement that a person be of a particular race. EQUAL OPPORTUNITY ACT 1984 - SECT 57 57--Discrimination by associations on ground of race (1) It is unlawful for an association to discriminate-- (a) against an applicant for membership on the ground of race-- (i) by refusing or failing to admit the applicant to membership, or to a particular class of membership, of the association; or (ii) in the terms on which the applicant is, or may be, admitted to membership, or to a particular class of membership; or (b) against a member of the association on the ground of race-- (i) by refusing or failing to provide a particular service or benefit to that member; or (ii) in the terms on which a particular service or benefit is provided to that member; or (iii) by expelling that member from the association or subjecting him or her to other detriment. (2) This section does not apply to a club established principally for the purpose of promoting social intercourse between the members of a particular racial or ethnic group. EQUAL OPPORTUNITY ACT 1984 - SECT 58 58--Discrimination by qualifying bodies (1) It is unlawful for an authority or body empowered to confer an authorisation or qualification that is needed for, or facilitates, the practice of a profession, or the carrying on or engaging in of a trade or occupation, to discriminate against a person on the ground of race-- (a) by refusing or failing to confer or renew that authorisation or qualification; or (b) in the terms or conditions on which it confers the authorisation or qualification; or (c) by withdrawing the authorisation or qualification, or varying the terms or conditions on which it is held. (2) Without limiting the generality of subsection (1), an authority or body discriminates against a person on the ground of race if the authority or body-- (a) fails to take reasonable steps to inform itself sufficiently on the adequacy or appropriateness of qualifications or experience gained outside of Australia by the person; and (b) in consequence of that failure, refuses to confer on the person an authorisation or qualification for which the person has applied. EQUAL OPPORTUNITY ACT 1984 - SECT 59 59--Discrimination by educational authorities (1) It is unlawful for an educational authority to discriminate against a person on the ground of race-- (a) by refusing or failing to accept an application for admission as a student; or (b) in the terms or conditions on which it offers to admit the person as a student. (2) It is unlawful for an educational authority to discriminate against a student on the ground of race-- (a) in the terms or conditions on which it provides the student with education or training; or (b) by denying or limiting access to a benefit provided by the authority; or (c) by expelling the student; or (d) by subjecting the student to other detriment. EQUAL OPPORTUNITY ACT 1984 - SECT 60 60--Discrimination by person disposing of an interest in land (1) It is unlawful for a person to discriminate against another on the ground of race-- (a) by refusing or failing to dispose of an interest in land to the other person; or (b) in the terms or conditions on which an interest in land is offered to the other person. (2) This section does not apply to the disposal of an interest in land by way of, or pursuant to, a testamentary disposition or gift. EQUAL OPPORTUNITY ACT 1984 - SECT 61 61--Discrimination in provision of goods and services It is unlawful for a person who offers or provides-- (a) goods; or (b) services to which this Act applies, (whether for payment or not) to discriminate against another on the ground of race-- (c) by refusing or failing to supply the goods or perform the services; or (d) in the terms or conditions on which or the manner in which the goods are supplied or the services are performed. EQUAL OPPORTUNITY ACT 1984 - SECT 62 62--Discrimination in relation to accommodation (1) It is unlawful for a person to discriminate against another on the ground of race-- (a) in the terms or conditions on which accommodation is offered; or (b) by refusing an application for accommodation; or (c) by deferring such an application or according the applicant a lower order of precedence on a list of applicants for that accommodation. (2) It is unlawful for a person to discriminate against a person for whom accommodation has been provided on the ground of race-- (a) in the terms or conditions on which accommodation is provided; or (b) by denying or limiting access to a benefit connected with the accommodation; or (c) by evicting the person; or (d) by subjecting the person to other detriment. (2a) This section does not apply to discrimination in relation to the provision of accommodation if the person who provides, or proposes to provide, the accommodation, or a near relative of that person, resides, and intends to continue to reside, in the same household as the person requiring the accommodation. EQUAL OPPORTUNITY ACT 1984 - SECT 63 63--Superannuation schemes and provident funds (1) It is unlawful for a person who provides a superannuation scheme or provident fund to discriminate against a person on the ground of race-- (a) by providing a scheme or fund that discriminates or, if the other person were to become a member of the scheme or fund, would discriminate, or require or authorise discrimination, against the other person; or (b) in the manner in which the scheme or fund is administered. (2) Subject to any order of the Tribunal or a court in proceedings under this Act, nothing in this section has the effect of rendering a superannuation scheme or provident fund, or a provision of such a scheme or fund, void. EQUAL OPPORTUNITY ACT 1984 - SECT 64 64--Charities This Part does not-- (a) affect a provision in a charitable instrument for conferring benefits wholly or mainly on persons of a particular race; or (b) render unlawful an act done to give effect to such a provision. EQUAL OPPORTUNITY ACT 1984 - SECT 65 65--Act does not apply to projects for benefit of persons of a particular race This Part does not render unlawful an act done for the purpose of carrying out a scheme or undertaking for the benefit of persons of a particular race. EQUAL OPPORTUNITY ACT 1984 - SECT 66 66--Criteria for establishing discrimination on ground of disability For the purposes of this Act, a person discriminates on the ground of disability-- (a) if he or she treats another unfavourably because of the other's disability, or a past disability or a disability that may exist in the future; or (b) if he or she treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and-- (i) the nature of the requirement is such that a substantially higher proportion of persons who do not have such a disability complies, or is able to comply, with the requirement than of those persons who have such a disability; and (ii) the requirement is not reasonable in the circumstances of the case; or (c) if he or she treats another unfavourably on the basis of a characteristic that appertains generally to persons who have such a disability, or on the basis of a presumed characteristic that is generally imputed to persons who have such a disability; or (ca) if he or she-- (i) fails to provide a safe and proper means of access to, or use of, a place or facilities for a person who requires special means of access to, or use of, the place or facilities as a consequence of the person's disability; or (ii) treats another unfavourably because the other requires special means of access to, or use of, a place or facilities as a consequence of the other's disability, to the extent that he or she is able to effect the provision of access or use; or (d) if, in circumstances where it is unreasonable to do so-- (i) he or she fails to provide special assistance or equipment required by a person in consequence of the person's disability; or (ii) he or she treats another unfavourably because the other requires special assistance or equipment as a consequence of the other's disability; or (e) if he or she treats a person with a disability unfavourably because the person possesses, or is accompanied by, an assistance animal, or because of a related matter (whether or not it is his or her normal practice to treat unfavourably a person who possesses, or is accompanied by, an animal of the same species as the assistance animal); or (f) if he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs. EQUAL OPPORTUNITY ACT 1984 - SECT 67 67--Discrimination against applicants and employees (1) It is unlawful for an employer to discriminate against a person on the ground of disability-- (a) in determining, or in the course of determining, who should be offered employment; or (b) in the terms or conditions on which employment is offered. (2) It is unlawful for an employer to discriminate against an employee on the ground of disability-- (a) in the terms or conditions of employment; or (b) by denying or limiting access to opportunities for promotion, transfer or training, or to other benefits connected with employment; or (c) by dismissing the employee; or (d) by subjecting the employee to other detriment. EQUAL OPPORTUNITY ACT 1984 - SECT 68 68--Discrimination against agents and independent contractors (1) This section applies to a principal for whom work is done-- (a) by agents remunerated by commission; or (b) by independent contractors engaged under a contract for services. (2) It is unlawful for the principal to discriminate against a person on the ground of disability-- (a) in determining, or in the course of determining, who should be engaged as an agent or independent contractor; or (b) in the terms or conditions on which such an engagement is offered. (3) It is unlawful for the principal to discriminate against an agent or independent contractor on the ground of disability-- (a) in the terms or conditions on which the agent or independent contractor is engaged; or (b) by denying or limiting access to opportunities for promotion, transfer or training or other benefits connected with the agent's or independent contractor's position; or (c) by terminating the engagement; or (d) by subjecting the agent or independent contractor to other detriment. EQUAL OPPORTUNITY ACT 1984 - SECT 69 69--Discrimination against contract workers (1) This section applies to a principal for whom work is done by persons ("contract workers") under a contract between the principal and another where the contract workers are employed or engaged by a person other than the principal. (2) It is unlawful for a principal to enter into a contract or arrangement with another for work to be performed by contract workers under which a person is to discriminate against a contract worker on the ground of disability. (3) It is unlawful for the principal to discriminate against a contract worker on the ground of disability-- (a) in the terms or conditions on which the contract worker is allowed to work; or (b) by not allowing the contract worker to work; or (c) by denying or limiting access to a benefit connected with the employment or position concerned; or (d) by subjecting the contract worker to other detriment. EQUAL OPPORTUNITY ACT 1984 - SECT 70 70--Discrimination within partnerships (1) It is unlawful for a firm, or a person promoting the formation of a firm, to discriminate against a person on the ground of disability-- (a) in determining, or in the course of determining, who should be offered a position as partner in the firm; or (b) in the terms or conditions on which that person is offered a position as partner in the firm. (2) It is unlawful for a firm to discriminate against a partner on the ground of disability-- (a) in the terms or conditions of membership of the firm; or (b) by denying or limiting access to a benefit arising from membership of the firm; or (c) by expelling the partner from the firm; or (d) by subjecting the partner to other detriment. EQUAL OPPORTUNITY ACT 1984 - SECT 71 71--Exemptions (1) This Division does not apply in relation to-- (a) an employer employing a person for purposes not connected with a business carried on by the employer; or (b) a principal engaging a natural person as an independent contractor for purposes not connected with a business carried on by the principal. (2) This Division does not apply to discrimination on the ground of disability in relation to employment or engagement if the person suffering from the disability is not, or would not be, able-- (a) to perform adequately, and without endangering himself or herself or other persons, the work genuinely and reasonably required for the employment or position in question; or (b) to respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question. EQUAL OPPORTUNITY ACT 1984 - SECT 72 72--Discrimination by associations (1) It is unlawful for an association to discriminate-- (a) against an applicant for membership on the ground of disability-- (i) by refusing or failing to admit the applicant to membership, or to a particular class of membership, of the association; or (ii) in the terms on which the applicant is, or may be, admitted to membership, or to a particular class of membership; or (b) against a member of the association on the ground of disability-- (i) by refusing or failing to provide a particular service or benefit to that member; or (ii) in the terms on which a particular service or benefit is provided to that member; or (iii) by expelling that member from the association or subjecting him or her to other detriment. EQUAL OPPORTUNITY ACT 1984 - SECT 73 73--Discrimination by qualifying bodies (1) It is unlawful for an authority or body empowered to confer an authorisation or qualification that is needed for, or facilitates, the practice of a profession, or the carrying on or engaging in of a trade or occupation, to discriminate against a person on the ground of disability-- (a) by refusing or failing to confer or renew that authorisation or qualification; or (b) in the terms or conditions on which it confers the authorisation or qualification; or (c) by withdrawing the authorisation or qualification, or varying the terms or conditions on which it is held. (2) This section does not apply to discrimination against a person on the ground of disability where, in consequence of that disability, the person is not, or would not be, able to practise the profession, or carry on or engage in the trade or occupation, adequately or safely. EQUAL OPPORTUNITY ACT 1984 - SECT 74 74--Discrimination by educational authorities (1) It is unlawful for an educational authority to discriminate against a person on the ground of disability-- (a) by refusing or failing to accept an application for admission as a student; or (b) in the terms or conditions on which it offers to admit the person as a student. (2) It is unlawful for an educational authority to discriminate against a student on the ground of disability-- (a) in the terms or conditions on which it provides the student with education or training; or (b) by denying or limiting access to a benefit provided by the authority; or (c) by expelling the student; or (d) by subjecting the student to other detriment. (3) This section does not apply to discrimination on the ground of disability in respect of admission to a school, college or institution established wholly or mainly for students who have a particular disability. EQUAL OPPORTUNITY ACT 1984 - SECT 75 75--Discrimination by person disposing of interest in land (1) It is unlawful for a person to discriminate against another on the ground of disability-- (a) by refusing or failing to dispose of an interest in land to the other person; or (b) in the terms or conditions on which an interest in land is offered to the other person. (2) This section does not apply to the disposal of an interest in land by way of, or pursuant to, a testamentary disposition or gift. EQUAL OPPORTUNITY ACT 1984 - SECT 76 76--Discrimination in provision of goods and services (1) It is unlawful for a person who offers or provides-- (a) goods; or (b) services to which this Act applies, (whether for payment or not) to discriminate against another on the ground of disability-- (c) by refusing or failing to supply the goods or perform the services; or (d) in the terms or conditions on which or the manner in which the goods are supplied or the services are performed. (1a) For the purposes of the application of subsection (1) to services comprised of access to or use of a place or facilities that members of the public are permitted to enter or use (see paragraph (a) of the definition of "services to which this Act applies"), the owner of the place or facilities and the occupier of the place or the place where the facilities are provided will each be taken to offer or provide the services. (2) If the nature of a skill varies according to whether it is exercised in relation to persons who have a particular disability or to those who do not have such a disability, a person does not contravene subsection (1) by exercising the skill in relation to only those persons who have a particular disability, or only those who do not have such a disability, in accordance with the person's normal practice. (3) This section does not apply to discrimination against a person on the ground of disability in relation to the performance of a service if, in consequence of the disability, that person requires the service to be performed in a special manner and the person performing the service-- (a) cannot reasonably be expected to perform the service in that manner; or (b) cannot reasonably be expected to perform the service in that manner except on more onerous terms than would otherwise apply. EQUAL OPPORTUNITY ACT 1984 - SECT 77 77--Discrimination in relation to accommodation (1) It is unlawful for a person to discriminate against another on the ground of disability-- (a) in terms or conditions on which accommodation is offered; or (b) by refusing an application for accommodation; or (c) by deferring such an application or according the applicant a lower order of precedence on a list of applicants for that accommodation. (2) It is unlawful for a person to discriminate against a person for whom accommodation has been provided on the ground of disability-- (a) in the terms or conditions on which accommodation is provided; or (b) by denying or limiting access to a benefit connected with the accommodation; or (c) by evicting the person; or (d) by subjecting the person to detriment. (2a) This section does not apply to discrimination in relation to the provision of accommodation if the person who provides, or proposes to provide, the accommodation, or a near relative of that person, resides, and intends to continue to reside, in the same household as the person requiring the accommodation. EQUAL OPPORTUNITY ACT 1984 - SECT 78 78--Discrimination in relation to superannuation (1) Subject to subsection (2), it is unlawful for a person who provides a superannuation scheme or provident fund to discriminate against a person on the ground of disability-- (a) by providing a scheme or fund that discriminates or, if the other person were to become a member of the scheme or fund, would discriminate, or require or authorise discrimination, against the other person; or (b) in the manner in which the scheme or fund is administered, except to the extent that-- (c) the discrimination-- (i) is based on actuarial or statistical data from a source on which it is reasonable to rely; and (ii) is reasonable having regard to the data and other relevant factors; or (d) if no such actuarial or statistical data is available, the discrimination is reasonable having regard to other relevant factors. (2) Subsection (1) does not apply in relation to a superannuation scheme or provident fund provided for employees-- (a) to which the employer makes contributions; and (b) under which a greater number of the members (not including members who are no longer employed by an employer who participates in the scheme or fund) reside in any one other State or Territory than reside in this State. (3) Subject to any order of the Tribunal or a court in proceedings under this Act, nothing in this section has the effect of rendering a superannuation scheme or provident fund, or a provision of such a scheme or fund, void. EQUAL OPPORTUNITY ACT 1984 - SECT 79 79--Exemption in relation to remuneration This Part does not render unlawful discriminatory rates of salary, wages or other remuneration payable to persons who have disabilities. EQUAL OPPORTUNITY ACT 1984 - SECT 79A 79A--Exemption in relation to infectious diseases This Part does not render unlawful a discriminatory act if the act-- (a) is directed towards ensuring that an infectious disease is not spread; and (b) is reasonable in all the circumstances. EQUAL OPPORTUNITY ACT 1984 - SECT 80 80--Exemption for charities This Part does not-- (a) affect a provision in a charitable instrument for conferring benefits wholly or mainly on persons who have a particular disability; or (b) render unlawful an act done to give effect to such a provision. EQUAL OPPORTUNITY ACT 1984 - SECT 81 81--Exemption in relation to sporting activities This Part does not render unlawful the exclusion of a person who has a disability from participation in a sporting activity-- (a) if the activity requires physical or intellectual attributes that the person does not possess; or (b) if, in the case of a sporting activity conducted wholly or mainly for persons who have a particular disability, the person's disability is not of that kind. EQUAL OPPORTUNITY ACT 1984 - SECT 82 82--Exemption for projects for benefit of persons with particular disability This Part does not render unlawful an act done for the purpose of carrying out a scheme or undertaking for the benefit of persons who have a particular disability. EQUAL OPPORTUNITY ACT 1984 - SECT 84 84--Exemption for unjustifiable hardship (1) This Part does not render unlawful discrimination by a person on the ground of disability in relation to the provision of access to or use of a place or facilities if the provision of access or use would impose unjustifiable hardship on the person. (2) In determining what constitutes unjustifiable hardship, all relevant circumstances of the particular case are to be taken into account including-- (a) the nature of the benefit or detriment likely to accrue or be suffered by the persons concerned; and (b) the effect of the disability of the person concerned; and (c) the financial circumstances and the estimated amount of expenditure required to be made by the person claiming unjustifiable hardship. EQUAL OPPORTUNITY ACT 1984 - SECT 85 85--Exemption in relation to insurance This Part does not render unlawful discrimination on the ground of disability in the terms on which an annuity, life assurance, accident insurance or other form of insurance is offered or may be obtained, if-- (a) the discrimination-- (i) is based on actuarial or statistical data from a source on which it is reasonable to rely; and (ii) is reasonable having regard to that data and other relevant factors; or (b) if no such actuarial or statistical data is available, the discrimination is reasonable having regard to other relevant factors. EQUAL OPPORTUNITY ACT 1984 - SECT 85A 85A--Criteria for establishing discrimination on ground of age For the purposes of this Act, a person discriminates on the ground of age-- (a) if he or she treats another unfavourably because of the other's age; or (b) if he or she treats another person unfavourably because the other does not comply, or is not able to comply, with a particular requirement and-- (i) the nature of the requirement is such that a substantially higher proportion of persons of a different age or age group complies, or is able to comply, with the requirement than of those of the other's age or age group; and (ii) the requirement is not reasonable in the circumstances of the case; or (c) if he or she treats another unfavourably on the basis of a characteristic that appertains generally to persons of the other's age or age group, or on the basis of a presumed characteristic that is generally imputed to persons of that age or age group; or (d) if he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs. EQUAL OPPORTUNITY ACT 1984 - SECT 85B 85B--Discrimination against applicants and employees (1) It is unlawful for an employer to discriminate against a person on the ground of age-- (a) in determining, or in the course of determining, who should be offered employment; or (b) in the terms or conditions on which employment is offered. (2) It is unlawful for an employer to discriminate against an employee on the ground of age-- (a) in the terms or conditions of employment; or (b) by denying or limiting access to opportunities for promotion, transfer or training, or to other benefits connected with employment; or (c) by dismissing the employee; or (d) by subjecting the employee to other detriment. EQUAL OPPORTUNITY ACT 1984 - SECT 85C 85C--Discrimination against agents and independent contractors (1) This section applies to a principal for whom work is done-- (a) by agents remunerated by commission; or (b) by independent contractors engaged under a contract for services. (2) It is unlawful for the principal to discriminate against a person on the ground of age-- (a) in determining, or in the course of determining, who should be engaged as an agent or independent contractor; or (b) in the terms or conditions on which such an engagement is offered. (3) It is unlawful for the principal to discriminate against an agent or independent contractor on the ground of age-- (a) in the terms or conditions on which the agent or independent contractor is engaged; or (b) by denying or limiting access to opportunities for promotion, transfer or training or other benefits connected with the agent's or independent contractor's position; or (c) by terminating the engagement; or (d) by subjecting the agent or independent contractor to other detriment. EQUAL OPPORTUNITY ACT 1984 - SECT 85D 85D--Discrimination against contract workers (1) This section applies to a principal for whom work is done by persons ("contract workers") under a contract between the principal and another where the contract workers are employed or engaged by a person other than the principal. (2) It is unlawful for a principal to enter into a contract or arrangement with another for work to be performed by contract workers under which a person is to discriminate against a contract worker on the ground of age. (3) It is unlawful for the principal to discriminate against a contract worker on the ground of age-- (a) in the terms or conditions on which the contract worker is allowed to work; or (b) by not allowing the contract worker to work; or (c) by denying or limiting access to a benefit connected with the employment or position concerned; or (d) by subjecting the contract worker to other detriment. EQUAL OPPORTUNITY ACT 1984 - SECT 85E 85E--Discrimination within partnerships (1) It is unlawful for a firm, or a person promoting the formation of a firm, to discriminate against a person on the ground of age-- (a) in determining, or in the course of determining, who should be offered a position as partner in the firm; or (b) in the terms or conditions on which that person is offered a position as partner in the firm. (2) It is unlawful for a firm to discriminate against a partner on the ground of age-- (a) in the terms or conditions of membership of the firm; or (b) by denying or limiting access to a benefit arising from membership of the firm; or (c) by expelling the partner from the firm; or (d) by subjecting the partner to other detriment. EQUAL OPPORTUNITY ACT 1984 - SECT 85EA 85EA--No compulsory retiring age Despite any Act or law to the contrary, a provision in an industrial or enterprise award, determination or agreement made or approved under the Fair Work Act 1994 that-- (a) imposes, or requires or authorises an employer to impose, a compulsory retiring age in respect of employment of any kind; or (b) requires or authorises an employer to terminate the employment of a person on the basis of the person's age, is void and of no effect. EQUAL OPPORTUNITY ACT 1984 - SECT 85F 85F--Exemptions (1) This Division does not apply in relation to-- (a) an employer employing a person for purposes not connected with a business carried on by the employer; or (b) a principal engaging a natural person as an independent contractor for purposes not connected with a business carried on by the principal. (2) This Division does not apply to discrimination on the ground of age in relation to employment or engagement for which there is a genuine occupational requirement that a person be of a particular age, or age group. (3) This Division does not apply to discrimination on the ground of age in relation to the employment or engagement of a person if the person is not, or would not be, able-- (a) to perform adequately, and without endangering himself or herself or other persons, the work genuinely and reasonably required for the employment or position in question; or (b) to respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question. (4) This Division does not render unlawful-- (a) acts done in order to comply with the provisions of an industrial or enterprise award, determination or agreement made, approved or certified under the Fair Work Act 1994 or the Workplace Relations Act 1996 of the Commonwealth; or (b) a decision to offer employment only to a young person, or the employment of a young person, if the rate of pay for that employment is a rate less than that applicable to an adult, fixed by or in accordance with the provisions of an industrial or enterprise award, determination or agreement made, approved or certified under the Fair Work Act 1994 or the Workplace Relations Act 1996 of the Commonwealth. EQUAL OPPORTUNITY ACT 1984 - SECT 85G 85G--Discrimination by associations on ground of age (1) It is unlawful for an association to discriminate-- (a) against an applicant for membership on the ground of age-- (i) by refusing or failing to admit the applicant to membership, or to a particular class of membership, of the association; or (ii) in the terms on which the applicant is, or may be, admitted to membership, or a particular class of membership; or (b) against a member of the association on the ground of age-- (i) by refusing or failing to provide a particular service or benefit to that member; or (ii) in the terms on which a particular service or benefit is provided to that member; or (iii) by expelling that member from the association or subjecting him or her to other detriment. (2) Subsection (1)(a) does not apply to discrimination on the ground of age if the association has, on a genuine and reasonable basis, established different classes of membership for persons of different ages, or age groups. (3) Subsection (1)(b)(i) and (ii) do not apply to discrimination on the ground of age if it is reasonable that the association discriminate in relation to the provision of a particular service or benefit to members of a particular age, or age group. (4) This section does not apply to an association established wholly or mainly for-- (a) the promotion of the interests of persons of a particular age group; or (b) the organisation or provision of services for persons of a particular age group; or (c) the organisation or provision of activities for persons of a particular age group. EQUAL OPPORTUNITY ACT 1984 - SECT 85H 85H--Discrimination by qualifying bodies (1) It is unlawful for an authority or body empowered to confer an authorisation or qualification that is needed for, or facilitates, the practice of a profession, or the carrying on or engaging in of a trade or occupation, to discriminate against a person on the ground of age-- (a) by refusing or failing to confer or renew that authorisation or qualification; or (b) by withdrawing the authorisation or qualification. (2) This section does not apply to discrimination on the ground of age-- (a) by or on account of the imposition of a reasonable and appropriate minimum age under which an authorisation or qualification will not be conferred; or (b) in respect of the terms or conditions on which an authority or body confers or renews an authorisation or qualification. (3) This section does not apply to discrimination against a person on the ground of age where, in consequence of his or her age, the person is not, or would not be, able to practise the profession, or carry on or engage in the trade or occupation, adequately or safely. EQUAL OPPORTUNITY ACT 1984 - SECT 85I 85I--Discrimination by educational authorities (1) It is unlawful for an educational authority to discriminate against a person on the ground of age-- (a) by refusing or failing to accept an application for admission as a student; or (b) in the terms or conditions on which it offers to admit the person as a student. (2) It is unlawful for an educational authority to discriminate against a student on the ground of age-- (a) in the terms or conditions on which it provides the student with training or education; or (b) by denying or limiting access to a benefit provided by the authority; or (c) by expelling the student; or (d) by subjecting the student to other detriment. (3) This section does not apply to discrimination on the ground of age in respect of the admission of a person to a school, college or institution if the level of education or training sought by the person is provided only for students above a particular age. EQUAL OPPORTUNITY ACT 1984 - SECT 85J 85J--Discrimination by person disposing of an interest in land It is unlawful for a person to discriminate against another on the ground of age-- (a) by refusing or failing to dispose of an interest in land to the other person; or (b) in the terms or conditions on which an interest in land is offered to the other person. EQUAL OPPORTUNITY ACT 1984 - SECT 85K 85K--Discrimination in provision of goods and services (1) It is unlawful for a person who offers or provides-- (a) goods; or (b) services to which this Act applies, (whether for payment or not) to discriminate against another on the ground of age-- (c) by refusing or failing to supply the goods or to perform the services; or (d) in the terms or conditions on which or the manner of which the goods are supplied or the services are performed. (3) This section does not apply to discrimination on the ground of age in relation to-- (a) the charging of a reduced fee, fare or price, or no fee, fare or price, for the benefit of a particular age group if the concession is based on genuine and reasonable grounds; or (b) the terms or conditions on which-- (i) a ticket is issued; or (ii) admission is allowed to a place, if those terms or conditions are imposed on a genuine and reasonable basis for the benefit of a particular age group. EQUAL OPPORTUNITY ACT 1984 - SECT 85L 85L--Discrimination in relation to accommodation (1) It is unlawful for a person to discriminate against another on the ground of age-- (a) in terms or conditions on which accommodation is offered; or (b) by refusing an application for accommodation; or (c) by deferring such an application or according the applicant a later order of precedence on a list of applicants for that accommodation. (3) It is unlawful for a person to discriminate against a person for whom accommodation has been provided on the ground of age-- (a) in the terms or conditions on which accommodation is provided; or (b) by denying or limiting access to a benefit connected with the accommodation; or (c) by evicting the person; or (d) by subjecting the person to other detriment. (4) This section does not apply to discrimination on the ground of age in relation to the provision of accommodation by an organisation that does not seek to secure a pecuniary profit for its members, if the accommodation is provided only for persons of a particular age group. (5) This section does not apply-- (a) in relation to the provision of accommodation for recreational purposes if the use of that accommodation is limited, on a genuine and reasonable basis, to persons of a particular age group; or (b) in relation to the provision of accommodation if the person who provides, or proposes to provide, the accommodation, or a near relative of that person, resides, and intends to continue to reside, in the same household as the person requiring the accommodation. EQUAL OPPORTUNITY ACT 1984 - SECT 85M 85M--Legal capacity of children Nothing in this Part derogates from the operation of a law that relates to the juristic capacity of children. EQUAL OPPORTUNITY ACT 1984 - SECT 85N 85N--Charities This Part does not-- (a) affect a provision in a charitable instrument for conferring benefits wholly or mainly on persons of a particular age, or age group; or (b) render unlawful an act done to give effect to such a provision. EQUAL OPPORTUNITY ACT 1984 - SECT 85O 85O--Testamentary dispositions or gifts This Part does not apply to the disposal of an interest in land or goods, or the provision of services, by way of, or pursuant to, a testamentary disposition or gift. EQUAL OPPORTUNITY ACT 1984 - SECT 85P 85P--Projects for the benefit of persons of a particular age group This Part does not render unlawful an act done for the purpose of carrying out a scheme or undertaking for the benefit of persons of a particular age or age group in order to meet a need that arises out of, or that is related to, the age or ages of those persons. EQUAL OPPORTUNITY ACT 1984 - SECT 85Q 85Q--Sport This Part does not render unlawful the exclusion of persons of particular age groups from participation in a competitive sporting activity. EQUAL OPPORTUNITY ACT 1984 - SECT 85R 85R--Insurance etc (1) This Part does not render unlawful discrimination on the ground of age-- (a) in the terms on which an annuity or life insurance is offered or may be obtained; or (b) -- (i) in the terms on which a person may become a member of a superannuation scheme or provident fund; or (ii) in the manner in which a superannuation scheme or provident fund may be administered. (2) This Part does not render unlawful discrimination on the ground of age in the terms on which accident insurance or any other form of insurance (other than life insurance) is offered or may be obtained where the discrimination-- (a) is based on actuarial or statistical data from a source on which it is reasonable to rely; and (b) is reasonable having regard to the data. EQUAL OPPORTUNITY ACT 1984 - SECT 85T 85T--Criteria for establishing discrimination on other grounds (1) In this Part-- "discriminate" means-- (a) discriminate on the ground of marital or domestic partnership status; or (b) discriminate on the ground of the identity of a spouse or domestic partner; or (c) discriminate on the ground of pregnancy; or (d) discriminate on the ground of association with a child; or (e) discriminate on the ground of caring responsibilities; or (f) discriminate on the ground of religious appearance or dress, and "discrimination" has a corresponding meaning. (2) For the purposes of this Act, a person discriminates on the ground of marital or domestic partnership status-- (a) if he or she treats another unfavourably because of the other's marital or domestic partnership status or past or proposed marital or domestic partnership status; or (b) if he or she treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and-- (i) the nature of the requirement is such that a substantially higher proportion of persons of a different marital or domestic partnership status comply, or are able to comply, with the requirement than of those of the other's marital or domestic partnership status; and (ii) the requirement is not reasonable in the circumstances of the case; or (c) if he or she treats another unfavourably on the basis of a characteristic that appertains generally to persons of that marital or domestic partnership status, or on the basis of a presumed characteristic that is generally imputed to persons of that marital or domestic partnership status; or (d) if he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs. (3) For the purposes of this Act, a person discriminates on the ground of the identity of a spouse or domestic partner if he or she treats another unfavourably because of the identity of the other's spouse or domestic partner, or former or proposed spouse or domestic partner. (4) For the purposes of this Act, a person discriminates on the ground of pregnancy-- (a) if he or she treats a woman unfavourably because of her pregnancy or potential pregnancy; or (b) if he or she treats a pregnant woman unfavourably because she does not comply, or is not able to comply, with a particular requirement and-- (i) the nature of the requirement is such that a substantially higher proportion of women who are not pregnant comply, or are able to comply, with the requirement than of those who are pregnant; and (ii) the requirement is not reasonable in the circumstances of the case; or (c) if he or she treats a pregnant woman unfavourably on the basis of a characteristic that appertains generally to pregnant women, or on the basis of a presumed characteristic that is generally imputed to pregnant women; or (d) if he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs. (5) For the purposes of this Act, a person discriminates on the ground of association with a child-- (a) if he or she treats another unfavourably because the person is breast feeding or bottle feeding an infant, or proposes to do so, or is, or proposes to be, accompanied by a child; or (b) if he or she treats another unfavourably because a relative or associate of the other is breast feeding or bottle feeding an infant, or proposes to do so, or is, or proposes to be, accompanied by a child. (6) For the purposes of this Act, a person discriminates on the ground of caring responsibilities-- (a) if he or she treats another unfavourably because of the other's caring responsibilities or proposed caring responsibilities; or (b) if he or she treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and-- (i) the nature of the requirement is such that a substantially higher proportion of persons without caring responsibilities comply, or are able to comply, with the requirement than of those with caring responsibilities; and (ii) the requirement is not reasonable in the circumstances of the case; or (c) if he or she treats another unfavourably on the basis of a characteristic that appertains generally to persons with caring responsibilities, or on the basis of a presumed characteristic that is generally imputed to persons with caring responsibilities; or (d) if he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs. (7) For the purposes of this Act, a person discriminates on the ground of religious appearance or dress-- (a) if he or she treats another unfavourably because of the other's appearance or dress and that appearance or dress is required by, or symbolic of, the other's religious beliefs; or (b) if he or she requires a person to alter the person's appearance or dress and that appearance or dress is required by, or symbolic of, the other's religious beliefs; or (c) if he or she treats another unfavourably because of the appearance or dress of a relative or associate of the other and that appearance or dress is required by, or symbolic of, the relative or associate's religious beliefs. EQUAL OPPORTUNITY ACT 1984 - SECT 85U 85U--Application of Division This Division applies to discrimination on the ground of marital or domestic partnership status, identity of spouse or domestic partner, pregnancy, caring responsibilities or religious appearance or dress. EQUAL OPPORTUNITY ACT 1984 - SECT 85V 85V--Discrimination against applicants and employees (1) It is unlawful for an employer to discriminate against a person-- (a) in determining, or in the course of determining, who should be offered employment; or (b) in the terms or conditions on which employment is offered. (2) It is unlawful for an employer to discriminate against an employee-- (a) in the terms or conditions of employment; or (b) by denying or limiting access to opportunities for promotion, transfer or training, or to other benefits connected with employment; or (c) by dismissing the employee; or (d) by subjecting the employee to other detriment. EQUAL OPPORTUNITY ACT 1984 - SECT 85W 85W--Discrimination against agents and independent contractors (1) This section applies to a principal for whom work is done-- (a) by agents remunerated by commission; or (b) by independent contractors engaged under a contract for services. (2) It is unlawful for the principal to discriminate against a person-- (a) in determining, or in the course of determining, who should be engaged as an agent or independent contractor; or (b) in the terms or conditions on which such an engagement is offered. (3) It is unlawful for the principal to discriminate against an agent or independent contractor-- (a) in the terms or conditions on which the agent or independent contractor is engaged; or (b) by denying or limiting access to opportunities for promotion, transfer or training or other benefits connected with the agent's or independent contractor's position; or (c) by terminating the engagement; or (d) by subjecting the agent or independent contractor to other detriment. EQUAL OPPORTUNITY ACT 1984 - SECT 85X 85X--Discrimination against contract workers (1) This section applies to a principal for whom work is done by persons ("contract workers") under a contract between the principal and another where the contract workers are employed or engaged by a person other than the principal. (2) It is unlawful for a principal to enter into a contract or arrangement with another for work to be performed by contract workers under which a person is to discriminate against a contract worker. (3) It is unlawful for the principal to discriminate against a contract worker-- (a) in the terms or conditions on which the contract worker is allowed to work; or (b) by not allowing the contract worker to work; or (c) by denying or limiting access to a benefit connected with the employment or position concerned; or (d) by subjecting the contract worker to other detriment. EQUAL OPPORTUNITY ACT 1984 - SECT 85Y 85Y--Discrimination within partnerships (1) It is unlawful for a firm, or a person promoting the formation of a firm, to discriminate against a person-- (a) in determining, or in the course of determining, who should be offered a position as partner in the firm; or (b) in the terms or conditions on which that person is offered a position as partner in the firm. (2) It is unlawful for a firm to discriminate against a partner-- (a) in the terms or conditions of membership of the firm; or (b) by denying or limiting access to a benefit arising from membership of the firm; or (c) by expelling the partner from the firm; or (d) by subjecting the partner to other detriment. EQUAL OPPORTUNITY ACT 1984 - SECT 85Z 85Z--Exemptions (1) This Division does not apply in relation to-- (a) an employer employing a person for purposes not connected with a business carried on by the employer; or (b) a principal engaging a natural person as an independent contractor for purposes not connected with a business carried on by the principal. (2) This Division does not apply to discrimination against same sex domestic partners on the ground of marital or domestic partnership status in relation to employment or engagement for the purposes of an educational institution administered in accordance with the precepts of a particular religion if Part 3 Division 2 does not apply in relation to discrimination on the ground of sexuality in relation to the employment or engagement (see section 34(3)). (3) This Division does not apply to discrimination against a pregnant woman on the ground of pregnancy if-- (a) the discrimination is based on the fact that the woman is not, or would not be, able-- (i) to perform adequately, and without endangering herself, the unborn child or other persons, the work genuinely and reasonably required of her; or (ii) to respond adequately to situations of emergency that should reasonably be anticipated in connection with her duties; and (b) in the case of discrimination arising out of dismissal from employment-- (i) there is no other work that the employer could reasonably be expected to offer the woman; and (ii) the woman has been offered leave for the period that would result in her being unable-- (A) to perform adequately, and without endangering herself, the unborn child or other persons, the work genuinely and reasonably required of her; or (B) to respond adequately to situations of emergency that should reasonably be anticipated in connection with her duties, and the woman has declined to take the leave. (4) This Division does not apply to discrimination on the ground of religious appearance or dress if, by reason of the person's appearance or dress, the person is not, or would not be, able-- (a) to perform adequately, and without endangering himself or herself or other persons, the work genuinely and reasonably required for the employment or position in question; or (b) to respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question. (5) This Division does not apply to discrimination on the ground of religious appearance or dress in relation to employment or engagement if the discrimination is for the purposes of enforcing a standard of appearance or dress reasonably required for the employment or engagement. EQUAL OPPORTUNITY ACT 1984 - SECT 85ZA 85ZA--Application of Division This Division applies to discrimination on the ground of marital or domestic partnership status, identity of spouse or domestic partner, pregnancy or caring responsibilities. EQUAL OPPORTUNITY ACT 1984 - SECT 85ZB 85ZB--Discrimination by associations (1) It is unlawful for an association to discriminate-- (a) against an applicant for membership-- (i) by refusing or failing to admit the applicant to membership, or to a particular class of membership, of the association; or (ii) in the terms on which the applicant is, or may be, admitted to membership, or to a particular class of membership; or (b) against a member of the association-- (i) by refusing or failing to provide a particular service or benefit to that member; or (ii) in the terms on which a particular service or benefit is provided to that member; or (iii) by expelling that member from the association or subjecting him or her to other detriment. (2) This section does not render unlawful an association established-- (a) for persons of a particular marital or domestic partnership status; or (b) for spouses or domestic partners of a particular class; or (c) for persons with caring responsibilities or particular caring responsibilities, and, consequently, such an association may discriminate against an applicant for membership so as to exclude from membership persons other than those for whom the association is established. (3) This section does not apply to discrimination against same sex domestic partners on the ground of marital or domestic partnership status if the association is administered in accordance with the precepts of a particular religion and the discrimination is founded on the precepts of that religion. EQUAL OPPORTUNITY ACT 1984 - SECT 85ZC 85ZC--Discrimination by qualifying bodies It is unlawful for an authority or body empowered to confer an authorisation or qualification that is needed for, or facilitates, the practice of a profession, or the carrying on or engaging in of a trade or occupation, to discriminate against a person-- (a) by refusing or failing to confer or renew that authorisation or qualification; or (b) in the terms or conditions on which it confers the authorisation or qualification; or (c) by withdrawing the authorisation or qualification, or varying the terms or conditions on which it is held. EQUAL OPPORTUNITY ACT 1984 - SECT 85ZD 85ZD--Application of Division This Division applies to discrimination on the ground of marital or domestic partnership status, identity of spouse or domestic partner, pregnancy, caring responsibilities or religious appearance or dress. EQUAL OPPORTUNITY ACT 1984 - SECT 85ZE 85ZE--Discrimination by educational authorities (1) It is unlawful for an educational authority to discriminate against a person-- (a) by refusing or failing to accept an application for admission as a student; or (b) in the terms or conditions on which it offers to admit the person as a student. (2) It is unlawful for an educational authority to discriminate against a student-- (a) in the terms or conditions on which it provides the student with education or training; or (b) by denying or limiting access to a benefit provided by the authority; or (c) by expelling the student; or (d) by subjecting the student to other detriment. (3) This section does not apply to discrimination against a pregnant woman on the ground of pregnancy in respect of participation in a particular activity or admission as a student to a course requiring participation in a particular activity if the woman is not, or would not be, able-- (a) to perform adequately, and without endangering herself, the unborn child or other persons, the activity; or (b) to respond adequately to situations of emergency that should reasonably be anticipated in connection with the activity. (4) This section does not apply to discrimination on the ground of religious appearance or dress in respect of participation in a particular activity if, by reason of the person's appearance or dress, the person is not, or would not be, able-- (a) to perform adequately, and without endangering himself or herself or other persons, the activity; or (b) to respond adequately to situations of emergency that should reasonably be anticipated in connection with the activity. (5) This section does not render unlawful an act of discrimination by an educational authority administered in accordance with the precepts of a particular religion against a student or potential student because the student or potential student appears or dresses, or wishes to appear or dress, in a manner required by, or symbolic of, a different religion. EQUAL OPPORTUNITY ACT 1984 - SECT 85ZF 85ZF--Discrimination by person disposing of interest in land (1) This section applies to discrimination on the ground of marital or domestic partnership status, identity of spouse or domestic partner, pregnancy or caring responsibilities. (2) It is unlawful for a person to discriminate against another-- (a) by refusing or failing to dispose of an interest in land to the other person; or (b) in the terms or conditions on which an interest in land is offered to the other person. (3) This section does not apply to the disposal of an interest in land by way of, or under, a testamentary disposition or gift. EQUAL OPPORTUNITY ACT 1984 - SECT 85ZG 85ZG--Discrimination in provision of goods and services (1) This section applies to discrimination on the ground of marital or domestic partnership status, identity of spouse or domestic partner, pregnancy, association with a child or caring responsibilities. (2) It is unlawful for a person who offers or provides-- (a) goods; or (b) services to which this Act applies, (whether for payment or not) to discriminate against another-- (c) by refusing or failing to supply the goods or perform the services; or (d) in the terms or conditions on which or the manner in which the goods are supplied or the services are performed. EQUAL OPPORTUNITY ACT 1984 - SECT 85ZH 85ZH--Discrimination in relation to accommodation (1) This section applies to discrimination on the ground of marital or domestic partnership status, identity of spouse or domestic partner, pregnancy or caring responsibilities. (2) It is unlawful for a person to discriminate against another-- (a) in the terms or conditions on which accommodation is offered; or (b) by refusing an application for accommodation; or (c) by deferring such an application or according the applicant a lower order of precedence on a list of applicants for that accommodation. (3) It is unlawful for a person to discriminate against a person for whom accommodation has been provided-- (a) in the terms or conditions on which accommodation is provided; or (b) by denying or limiting access to a benefit connected with the accommodation; or (c) by evicting the person; or (d) by subjecting the person to other detriment. (4) This section does not apply to discrimination in relation to the provision of accommodation if the person who provides, or proposes to provide, the accommodation, or a near relative of that person, resides, and intends to continue to reside, in the same household as the person requiring the accommodation. (5) This section does not apply to discrimination on the ground of marital or domestic partnership status, pregnancy or caring responsibilities in relation to the provision of accommodation by an organisation that does not seek to secure a pecuniary profit for its members, if that accommodation is provided only for persons of a particular marital or domestic partnership status, pregnant women or persons with caring responsibilities. EQUAL OPPORTUNITY ACT 1984 - SECT 85ZI 85ZI--Charities This Part does not-- (a) affect a provision in a charitable instrument for conferring benefits wholly or mainly on-- (i) persons of a particular marital or domestic partnership status; or (ii) pregnant women; or (iii) spouses or domestic partners of persons of a particular class; or (iv) persons with caring responsibilities or particular caring responsibilities; or (b) render unlawful an act done to give effect to such a provision. EQUAL OPPORTUNITY ACT 1984 - SECT 85ZJ 85ZJ--Rights in connection with pregnancy This Part does not render unlawful the granting to women of rights or privileges in connection with pregnancy or childbirth. EQUAL OPPORTUNITY ACT 1984 - SECT 85ZK 85ZK--Measures intended to achieve equality This Part does not render unlawful an act done for the purpose of carrying out a scheme or undertaking intended to ensure that persons of a particular marital or domestic partnership status, or persons with caring responsibilities, have equal opportunities with, respectively, persons of another marital or domestic partnership status, or persons without caring responsibilities, in any of the circumstances to which this Part applies. EQUAL OPPORTUNITY ACT 1984 - SECT 85ZL 85ZL--Exemption relating to identity of spouse or domestic partner This Part does not apply to discrimination on the ground of the identity of a spouse or domestic partner if the discrimination is, having regard to all the circumstances of the particular case, reasonably necessary to preserve confidentiality, avoid conflicts of interest or nepotism or reasonably apprehended conflicts of interest or nepotism or protect the health or safety of persons. EQUAL OPPORTUNITY ACT 1984 - SECT 85ZM 85ZM--Religious bodies This Part does not render unlawful discrimination on the ground of marital or domestic partnership status in relation to-- (a) the ordination or appointment of priests, ministers of religion or members of a religious order; or (b) the training or education of persons seeking ordination or appointment as priests, ministers of religion or members of a religious order. EQUAL OPPORTUNITY ACT 1984 - SECT 85ZN 85ZN--Exemption relating to religious appearance or dress This Part does not apply to discrimination on the ground of religious appearance or dress if the discrimination arises as a consequence of a person refusing to reveal his or her face in circumstances in which the person has been requested to do so for the purpose of verifying the identity of the person, and the request was reasonable in the circumstances. EQUAL OPPORTUNITY ACT 1984 - SECT 86 86--Victimisation is unlawful (1) It is unlawful for a person to commit an act of victimisation. (2) For the purposes of this section, a person commits an act of victimisation against another person (the "victim") if he or she treats the victim unfavourably on the ground that the victim has-- (a) brought proceedings under this Act against a person; or (b) given evidence or information in proceedings under this Act; or (c) made allegations that the victim or some other person has been the subject of an act that contravenes this Act; or (d) reasonably asserted the victim's right or the right of some other person to lodge a complaint or take other proceedings under this Act; or (e) otherwise done anything under or by reference to this Act, or on the ground that he or she knows that the victim intends to do any of those things, or suspects that the victim has done, or intends to do, any of those things. (3) Unfavourable treatment on the ground that a person-- (a) has made a false allegation; or (b) has not acted in good faith, does not constitute an act of victimisation. EQUAL OPPORTUNITY ACT 1984 - SECT 87 87--Sexual harassment (1) It is unlawful for a person to subject to sexual harassment-- (a) a person with whom he or she works; or (b) a person who is seeking to become a fellow worker, while in attendance at a place that is a workplace of both the persons or in circumstances where the person was, or ought reasonably to have been, aware that the other person was a fellow worker or seeking to become a fellow worker. (2) It is unlawful for a person who works for an educational authority to subject a student of the educational authority, or a person applying to become a student of the educational authority, to sexual harassment while in attendance at a place in connection with the student's education or the applicant's prospective education or in circumstances where the person was, or ought reasonably to have been, aware that the person was a student, or a person applying to become a student, of the educational authority. (3) It is unlawful for a student of or over 16 years of age, while in attendance at a place in connection with his or her education, to subject a person who works at the educational institution at which the student is enrolled or a fellow student to sexual harassment. (6) It is unlawful for a person to subject another to sexual harassment in the course of-- (a) offering or supplying goods to that other person; or (b) offering or performing services to which this Act applies for that other person; or (c) offering or providing accommodation to that other person. (6aa) It is unlawful for a person to whom goods, services to which this Act applies or accommodation are being offered, supplied, performed or provided by another person to subject that other person to sexual harassment. (6a) It is unlawful for a judicial officer to subject to sexual harassment a non-judicial officer, or a member of the staff, of a court of which the judicial officer is a member. (6b) Subsection (6a) does not apply in relation to anything said or done by a judicial officer in court or in chambers in the exercise, or purported exercise, of judicial powers or functions or in the discharge, or purported discharge, of judicial duties. (6c) It is unlawful for a member of Parliament to subject to sexual harassment-- (a) a member of his or her staff; or (b) a member of the staff of another member of Parliament; or (c) an officer or member of the staff of the Parliament; or (d) any other person who in the course of employment performs duties at Parliament House. (6d) Subsection (6c) does not apply in relation to anything said or done by a member of Parliament in the course of parliamentary proceedings. (6e) It is unlawful for a member of a council to subject to sexual harassment an officer or employee of the council. (6f) It is unlawful for a member of an authority or body empowered to confer an authorisation or qualification that is needed for, or facilitates, the practice of a profession, or the carrying on or engaging in of a trade or occupation to subject an applicant for the conferral of such an authorisation or qualification to sexual harassment. (6g) It is unlawful for a member of the governing body of an association to subject a member of the association, or a person applying to become a member of the association, to sexual harassment. (7) If an employee reports to his or her employer specific circumstances in which the employee was subjected, in the course of his or her employment, to sexual harassment by a person other than a fellow worker, and it is reasonable in all the circumstances to expect that further sexual harassment of the employee by the same person is likely to occur, it is unlawful for the employer to fail to take reasonable steps to prevent the further sexual harassment. (8) It is unlawful for an educational authority administering a secondary education institution to fail to have a written policy against sexual harassment by students that incorporates procedures for resolving complaints and is made readily available to students. (9) For the purposes of this section-- (a) a person "sexually harasses" another (the "person harassed) if-- (i) the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person harassed; or (ii) engages in other unwelcome conduct of a sexual nature in relation to the person harassed, in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the person harassed would be offended, humiliated or intimidated; and (b) "conduct of a sexual nature" includes making a statement of a sexual nature to a person, or in the presence of a person, whether the statement is made orally or in writing; and (c) a person "works with another" if both carry out duties or perform functions, in whatever capacity and whether for payment or not, in or in relation to the same business or organisation; and (d) a person "works for" an authority if he or she carries out duties or performs functions, in whatever capacity and whether for payment or not, in or in relation to that authority; and (e) "workplace" means a place (including a ship, aircraft or vehicle) at which a person works or attends in connection with the person's work. EQUAL OPPORTUNITY ACT 1984 - SECT 87A 87A--Sharing accommodation with child (1) It is unlawful for a person-- (a) to refuse an application for accommodation; or (b) to defer such an application or accord the applicant a late order of precedence on a list of applicants for that accommodation, on the ground that the applicant intends to share that accommodation with a child. (2) Subsection (1) does not apply-- (a) in relation to the provision of accommodation for recreational purposes, if the use of that accommodation is limited, on a genuine and reasonable basis, to persons other than children or persons of a particular age group; or (b) in relation to the provision of accommodation, if the person who provides, or proposes to provide, the accommodation, or a near relative of that person, resides, and intends to continue to reside, in the same household as the person requiring the accommodation. EQUAL OPPORTUNITY ACT 1984 - SECT 87B 87B--Student breast feeding infant (1) It is unlawful for an educational authority to discriminate against a student by denying or limiting access to the educational services provided by the authority on the ground that the student is breast feeding an infant or proposes to do so. (2) This section does not apply to discrimination in respect of a particular activity if the student is not, or would not be, able-- (a) to perform adequately, and without endangering herself or other persons, the activity; or (b) to respond adequately to situations of emergency that should reasonably be anticipated in connection with the activity. EQUAL OPPORTUNITY ACT 1984 - SECT 88 88--Assistance animals Subject to this Act-- (a) it is unlawful to impose a condition or requirement that would result in a person with a disability being separated from his or her assistance animal; and (b) a person who imposes such a condition or requirement is, in addition to civil liability that might be incurred under this Act, guilty of an offence. Maximum penalty: $2 500. EQUAL OPPORTUNITY ACT 1984 - SECT 88A 88A--Therapeutic animals (1) It is unlawful for a person-- (a) to refuse an application for accommodation; or (b) to defer such an application or accord the applicant a late order of precedence on a list of applicants for that accommodation, on the ground that the applicant intends to keep a therapeutic animal at that accommodation. (2) Subsection (1)(a) does not apply if the respondent establishes that in the circumstances of the case the refusal was reasonable. (3) In this section-- "therapeutic animal" means-- (a) an animal certified by a medical practitioner as being required to assist a person as a consequence of the person's disability; or (b) an animal of a class prescribed by regulation, but does not include an assistance animal, a dangerous dog within the meaning of the Dog and Cat Management Act 1995 or a dog of a prescribed breed within the meaning of the Dog and Cat Management Act 1995. EQUAL OPPORTUNITY ACT 1984 - SECT 89 89--Notification to be given of proposed discrimination based on actuarial or statistical data If a person, in offering or providing insurance or a superannuation scheme or provident fund, proposes to discriminate against another person on a ground referred to in this Act on the basis of actuarial or statistical data and this Act provides that such discrimination is not unlawful, it is unlawful for the person-- (a) to fail to notify the other person of the discrimination and of the fact that he or she may request to be given a summary of the actuarial or statistical data on which it is based; and (b) if such a request is made, to fail to comply with the request. EQUAL OPPORTUNITY ACT 1984 - SECT 90 90--Aiding unlawful acts If a person causes, instructs, induces or aids another to act in contravention of this Act, both are jointly and severally liable to any criminal or civil liability arising under this Act in respect of the contravention. EQUAL OPPORTUNITY ACT 1984 - SECT 91 91--Civil liability of employers and principals (1) Subject to this section, a person is, for the purposes of this Act, vicariously liable for a discriminatory or unlawful act of an agent or employee of the person committed while acting in the course of their agency or employment. (2) In proceedings brought under this Act against a person in respect of an act alleged to have been committed by an agent or employee while acting in the course of their agency or employment, it is a defence to prove that the person took reasonable steps to ensure that the agent or employee would not act in contravention of this Act. (3) Without limiting subsection (2), a defence is established under that subsection in relation to an alleged discriminatory or unlawful act if the person-- (a) had in force at the relevant time an appropriate policy for the prevention of such an act; and (b) had taken reasonable steps to implement and enforce the policy including-- (i) reasonable steps to make the employees and agents of the person aware of the terms of the policy; and (ii) prompt investigation of any alleged act and taking appropriate action. EQUAL OPPORTUNITY ACT 1984 - SECT 92 92--The Tribunal may grant exemptions (1) The Tribunal may, on application under this section, grant exemptions from a provision of this Act in relation to-- (a) a person, or class of persons; or (b) an activity, or class of activity; or (c) circumstances of a specified nature. (2) An exemption under this section-- (a) may be granted unconditionally or on conditions; and (b) may be revoked by the Tribunal on breach of a condition; and (c) subject to revocation, remains in force for a period, not exceeding three years, determined by the Tribunal, but may be renewed from time to time for a further period, not exceeding three years, determined by the Tribunal. (3) An application for the grant, renewal or revocation of an exemption may be made to the Tribunal by the Commissioner or any other person. (4) The following persons are entitled to appear and be heard by the Tribunal on an application under this section: (a) the applicant; (b) if the Commissioner is not the applicant--the Commissioner; (c) a person in whose favour the exemption in question is sought, or has been granted. (5) A person referred to in subsection (4) may call or give evidence in support of, or against, the application. (6) In determining an application under this section, the Tribunal may-- (a) have regard (where relevant) to the desirability of certain discriminatory actions being permitted for the purpose of redressing the effect of past discrimination; and (b) have regard to other factors that the Tribunal considers relevant. (7) Notice of the grant, renewal or revocation of an exemption under this section must be published in the Gazette. (8) Notice of the grant or renewal of an exemption under this section must state-- (a) the period for which the exemption has been granted or renewed; and (b) the conditions (if any) to which the exemption is subject. EQUAL OPPORTUNITY ACT 1984 - SECT 93 93--Making of complaints (1) A complaint alleging that a person has acted in contravention of this Act may be made-- (a) by a person aggrieved by the act; (b) by a person aggrieved by the act, on behalf of himself or herself and any other person aggrieved by the act; (c) if a person aggrieved by the act is a child or has an intellectual disability--by a person who is, in the opinion of the Commissioner, a suitable representative of the interests of the aggrieved person. (1a) A person cannot make a complaint pursuant to subsection (1)(b) on behalf of some other person unless that other person has consented in writing to the making of the complaint. (1b) A person who consents to a complaint being made on his or her behalf is bound by any decision or order made on the complaint. (1c) A complaint-- (a) must be in writing and set out the details of the alleged contravention; and (b) must be lodged with the Commissioner. (2) A complaint must be lodged-- (a) if the alleged contravention is constituted of a series of acts--within 12 months of the last of those acts; (b) in any other case--within 12 months of the date on which the contravention is alleged to have been committed. (2a) The Commissioner may, on application, extend the time for lodging a complaint, even if the time for lodging the complaint has expired, if the Commissioner is satisfied-- (a) that there is good reason why the complaint was not made within the stipulated time period; and (b) that in all the circumstances it is just and equitable to do so. (2b) If the Commissioner decides to refuse an application to extend the time for lodging a complaint, the Commissioner must give the applicant notice in writing of the decision and of the applicant's right to have the decision reviewed. (2c) A complaint alleging that a student enrolled in a course of secondary education has committed an act of sexual harassment or victimisation against a fellow student of the educational institution at which the student is enrolled may not be lodged unless the complainant satisfies the Commissioner that the complainant has made a reasonable attempt to resolve the matter through procedures available at the institution or that there is good reason for not doing so. (3) On a complaint being lodged under this section, the Commissioner must cause a written summary of the particulars of the complaint to be served on the respondent named in the complaint. EQUAL OPPORTUNITY ACT 1984 - SECT 93AA 93AA--Manner of dealing with complaints of sexual harassment by judicial officers and members of Parliament (1) If a complaint alleging that a judicial officer or a member of Parliament has acted in contravention of section 87 is lodged with the Commissioner, the following provisions apply: (a) the Commissioner must refer the complaint to the appropriate authority; (b) if the appropriate authority is of the opinion that dealing with the complaint under this Act could impinge on judicial independence or parliamentary privilege, as the case may be, the appropriate authority will investigate and may deal with the matter in such manner as the appropriate authority thinks fit; (c) on the appropriate authority giving the Commissioner written notice that a complaint is to be dealt with under paragraph (b)-- (i) no further action can be taken under any other provision of this Act on the complaint; and (ii) the Commissioner must give the complainant and the respondent written notice that the complaint will be dealt with by the appropriate authority; (d) on the appropriate authority giving the Commissioner written notice that a complaint will not be dealt with under paragraph (b), the Commissioner may proceed to deal with the complaint under this Act; (e) a notice must be given under paragraph (c) or (d) by the appropriate authority no later than one month after the referral of a complaint to the appropriate authority; (f) the Commissioner may at the request of the appropriate authority-- (i) assist the authority in investigating a complaint that is to be dealt with under paragraph (b); or (ii) attempt to resolve the subject matter of such a complaint by conciliation; (g) if the Commissioner is to act under paragraph (f), the appropriate authority must give the complainant and the respondent written notice that the Commissioner is to so act; (h) if the Commissioner attempts to resolve the subject matter of a complaint by conciliation but is not successful in that attempt, the Commissioner may make recommendations to the appropriate authority regarding resolution of the matter; (i) if, after investigating a complaint under paragraph (b), the appropriate authority considers that the complaint can be dealt with under this Act without impinging on judicial independence or parliamentary privilege (as the case may be), the appropriate authority must remit the complaint to the Commissioner, and, in that case, the Commissioner may proceed to deal with the complaint under this Act; (j) if a complaint is remitted to the Commissioner under paragraph (i), the Commissioner must give the complainant and respondent written notice that the complaint is to be dealt with by the Commissioner; (k) the appropriate authority must give the complainant and the Commissioner written notice of the manner in which the appropriate authority has dealt with a complaint under paragraph (b). (2) For the purposes of investigating a complaint that is to be dealt with by the appropriate authority under this section, the authority has the same investigative powers as are conferred on the Commissioner by section 94 in relation to the investigation of a complaint by the Commissioner. (3) For the purposes of conciliating a complaint under this section, the Commissioner has the same powers as are conferred on the Commissioner by section 95 in relation to the conduct of conciliation proceedings under that section. (4) No personal liability attaches to the appropriate authority for an act or omission in good faith and in the exercise, or purported exercise, or the discharge, or purported discharge, of powers or duties under this section. (5) A liability that would, but for subsection (4), lie against the appropriate authority lies instead against the Crown. (8) In this section-- "appropriate authority" means-- (a) in relation to a complaint against a judicial officer-- (i) the Chief Justice; or (ii) if the Chief Justice is the respondent or considers it inappropriate that he or she should deal with the matter--the most senior puisne judge of the Supreme Court who is not the respondent, is available to deal with the matter and does not consider it inappropriate that he or she should deal with the matter; (b) in relation to a complaint against a member of the House of Assembly-- (i) the Speaker of the House of Assembly; or (ii) if the Speaker is absent or unable for the time being to perform the duties of office, or is the respondent or considers it inappropriate that he or she should deal with the matter--the Deputy Speaker of the House of Assembly; or (iii) if the Deputy Speaker is absent or unable for the time being to perform the duties of office, or is the respondent or considers it inappropriate that he or she should deal with the matter--a member of the House of Assembly who is not the respondent in the matter and who is appointed by the House of Assembly to deal with the complaint; (c) in relation to a complaint against a member of the Legislative Council-- (i) the President of the Legislative Council; or (ii) if the President is absent or unable for the time being to perform the duties of office, or is the respondent or considers it inappropriate that he or she should deal with the matter--the member of the Legislative Council for the time being appointed by the Legislative Council to deal with such a complaint; or (iii) if that member is absent or unable for the time being to perform the duties of office, or is the respondent or considers it inappropriate that he or she should deal with the matter--a member of the Legislative Council who is not the respondent and who is appointed by the Legislative Council to deal with the complaint. EQUAL OPPORTUNITY ACT 1984 - SECT 93A 93A--Institution of inquiries (1) If it appears to the Tribunal, on application made by the Commissioner with the approval of the Minister, that a person may have acted in contravention of this Act, the Tribunal may refer the matter to the Commissioner for investigation. (2) The person the subject of an application under this section is a party to the application and the Commissioner must, on lodging the application with the Tribunal, furnish the person with a copy of the application. (3) This section does not apply in relation to an alleged contravention of section 87 by a judicial officer or a member of Parliament. EQUAL OPPORTUNITY ACT 1984 - SECT 94 94--Investigation of complaints or matters referred to Commissioner (1) On a complaint being lodged or a matter being referred, the Commissioner may conduct an investigation into the alleged contravention. (2) An investigation by the Commissioner into an alleged contravention of this Act is to be conducted-- (a) in the case of an investigation on a complaint--for the purpose of enabling the Commissioner to determine whether the complaint is one on which action should be taken by the Commissioner and, if so, enabling resolution of the matter by conciliation or enabling referral of the matter to the Tribunal; and (b) in the case of a matter referred to the Commissioner for investigation--for the purpose of enabling the Commissioner to determine whether the matter should be referred to the Tribunal and, if so, enabling that referral. (2a) For the purposes of an investigation, the Commissioner may, by notice in writing, require a person whom the Commissioner reasonably believes may have in his or her possession or control books, papers or other documents relevant to the subject matter of the investigation, to produce to the Commissioner such of those books, papers or other documents as may be specified in the notice. (2b) The Commissioner cannot, without the consent of the person concerned, require production of-- (a) records of counselling or therapy sessions undergone by the person; or (b) records or notes made by an advocate for the person in relation to the subject matter of the alleged contravention of the Act. (3) Subject to subsection (4), a person to whom a notice is given under subsection (2a) must not refuse or fail to comply with the notice. Maximum penalty: $2 500. (4) A person is not obliged to produce books, papers or documents under this section if-- (a) their contents would tend to incriminate the person of an offence; or (b) by producing them the person would commit a breach of legal professional privilege. (5) The Commissioner may retain books, papers or documents produced under this section only for so long as is reasonably necessary to peruse their contents and take copies of them. (6) Nothing in this section empowers the Commissioner to require that a book, paper or document that is required for the day to day operation of a business be produced at a place other than the premises from which the business is operated. (7) This section does not empower the Commissioner to require the production of books, papers or documents relating to-- (a) parliamentary proceedings; or (b) the exercise, or purported exercise, of judicial powers or functions, or the discharge, or purported discharge, of judicial duties, by a judicial officer in court or in chambers. EQUAL OPPORTUNITY ACT 1984 - SECT 95 95--Conciliation of complaints lodged with Commissioner (1) If the Commissioner is of the opinion that a matter the subject of a complaint (other than a complaint declined by the Commissioner under section 95A) may be resolved by conciliation, the Commissioner must make all reasonable endeavours to resolve the matter by conciliation. (2) If the Commissioner-- (a) has received more than 1 complaint against the same respondent alleging the same or similar issues of law or fact; and (b) is of the opinion that the most appropriate form of conciliation is by way of joint conciliation, the Commissioner may conciliate the matters jointly. (3) The Commissioner may, by notice in writing to the complainant or the person who is alleged to have contravened this Act, require that person to attend at a time and place specified in the notice for the purpose of conciliation. (4) A person who refuses or fails to comply with a requirement of the Commissioner under this section is guilty of an offence. Maximum penalty: $2 500. (5) The Commissioner may conduct conciliation proceedings as the Commissioner thinks fit, including-- (a) by conciliating the matter without bringing the parties into direct contact with one another; and (b) by inviting persons other than the parties to attend the conciliation proceedings (for example, by inviting representatives of an educational authority to attend conciliation proceedings in a case involving sexual harassment between students). (6) A party to proceedings is not entitled to be represented, or assisted, by a legal practitioner in conciliation proceedings except with the authority of the Commissioner. (7) If a child is a party to proceedings, the child is entitled to be supported in conciliation proceedings by an adult who, in the opinion of the Commissioner, would be of assistance in that role. (8) For the purposes of conciliating a matter, the Commissioner may make available to a particular party to the proceedings books, papers or documents produced by other persons for the purposes of an investigation that are likely, in the Commissioner's opinion, to facilitate resolution of the matter (but the Commissioner must not make records referred to in section 94(2b), or other documents containing confidential or personal information, available without the consent of the person concerned). (9) Evidence of anything said or done in the course of conciliation proceedings is not admissible in proceedings under this Act or any other Act or law. EQUAL OPPORTUNITY ACT 1984 - SECT 95A 95A--Commissioner may decline complaints in certain circumstances (1) The Commissioner may, by notice in writing to the complainant, decline to recognise a complaint as one on which action should be taken by the Commissioner if, in the opinion of the Commissioner-- (a) the complaint is frivolous, vexatious, misconceived or lacking in substance; or (b) the complaint has ceased to be a complaint that should be proceeded with because the complainant-- (i) has died; or (ii) is unable to be contacted; or (iii) has expressed an intention not to proceed, or otherwise evidenced a lack of interest in proceeding, with the complaint; or (iv) has unreasonably refused or failed to cooperate; or (c) there is no reasonable prospect of an order being made by the Tribunal under section 96(1) or of an order being made by the Tribunal that is more favourable to the complainant than offers refused by the complainant in conciliation proceedings. (2) A decision by the Commissioner not to recognise a complaint as one on which action should be taken may be made at any time, despite the fact that to some extent action has already been taken on the complaint. (3) If-- (a) the Commissioner has determined that a complaint has ceased to be a complaint that should be proceeded with under subsection (1)(b); and (b) the complainant contacts the Commissioner within 12 months after the date of that determination requesting that the complaint proceed, the Commissioner may reinstate the complaint. EQUAL OPPORTUNITY ACT 1984 - SECT 95B 95B--Referral of complaints to Tribunal If, in respect of a complaint, the Commissioner-- (a) is of the opinion that the matter cannot be resolved by conciliation; or (b) has attempted to resolve the matter by conciliation but has not been successful in that attempt; or (c) has declined to recognise the complaint as one on which action should be taken and the complainant has, within 3 months of being notified of the Commissioner's decision, by notice in writing, required the Commissioner to refer the complaint to the Tribunal, the Commissioner must refer the matter to the Tribunal for hearing and determination. EQUAL OPPORTUNITY ACT 1984 - SECT 95C 95C--Assistance to parties before Tribunal (1) Subject to subsection (2), the Commissioner may, at the request of the complainant or respondent, provide representation for the complainant or respondent in proceedings before the Tribunal. (2) The Commissioner must apply available public funds judiciously taking into account-- (a) the capacity of the complainant or respondent to represent himself or herself or provide his or her own representation; and (b) the nature and circumstances of the alleged contravention of this Act; and (c) any other matter considered relevant by the Commissioner. (3) If the Commissioner provides representation to a complainant or respondent, the person representing the complainant or respondent-- (a) must disclose to the Commissioner information reasonably required by the Commissioner to determine whether the Commissioner should cease to provide representation; and (b) may disclose to the Commissioner information that the person considers relevant to the question of whether the Commissioner should cease to provide representation, and the complainant or respondent will be taken to have waived any right or privilege that might prevent such disclosure. EQUAL OPPORTUNITY ACT 1984 - SECT 95D 95D--Referral of matters to Tribunal (1) If, following an investigation of a matter referred to the Commissioner, the Commissioner is of the opinion that the matter should be referred to the Tribunal for hearing and determination, the Commissioner will lodge a complaint with the Tribunal in respect of the matter. (2) If, following an investigation of a matter referred to the Commissioner, the Commissioner determines that the matter should not be referred to the Tribunal, the Commissioner must, by notice in writing to the person the subject of the investigation, inform the person of that determination. EQUAL OPPORTUNITY ACT 1984 - SECT 96 96--Power of Tribunal to make certain orders (1) The Tribunal may, on determining that the respondent in proceedings under this Part has acted in contravention of this Act, make one or more of the following orders: (a) subject to this section, an order requiring the respondent to pay compensation (of such amount as the Tribunal thinks fit) to a person for loss or damage arising from the contravention; (b) an order requiring the respondent to refrain from further contravention of the Act; (c) an order requiring the respondent or any other party to the proceedings to perform specified acts with a view to redressing loss or damage arising from the contravention or remedying a discriminatory or unlawful act. (2) The Tribunal may, at any stage of proceedings under this Part-- (a) make an interim order to prevent prejudice to a person affected by the proceedings; (b) make an order dismissing the proceedings. (3) The damage for which a person may be compensated under subsection (1) includes injury to his or her feelings. (3a) In awarding compensation the Tribunal must take into account the amount of damages or compensation (if any) awarded in other proceedings (criminal or civil) in respect of the same act or series of acts. (3b) An award of compensation may not be made against a child for an act in contravention of this Act (but an award of compensation may be made against a person who is vicariously liable for the act of the child). (4) A person who contravenes or fails to comply with an order under this section is guilty of an offence. Maximum penalty: $5 000. (5) An amount that a person is ordered to pay under this section may be recovered from the person as a debt in a court of competent jurisdiction. (6) The Commissioner may, at the request or with the leave of the Tribunal, assist the Tribunal in proceedings. EQUAL OPPORTUNITY ACT 1984 - SECT 96A 96A--Limitation on publicity relating to child A person must not publish, by radio, television or newspaper, on the Internet or in any other way, a report of proceedings under this Act to which a child is a party if the report identifies the child or contains information tending to identify the child. Maximum penalty: $10 000. EQUAL OPPORTUNITY ACT 1984 - SECT 96B 96B--Review of refusal to extend time (1) If the Commissioner has refused an application for an extension of time within which to lodge a complaint, the applicant may apply to the Tribunal for a review of the decision. (2) An application for review must be made within 1 month after notification of the decision. (3) The Tribunal may confirm the decision of the Commissioner or substitute its own decision. EQUAL OPPORTUNITY ACT 1984 - SECT 97 97--Reasons for decision or order The Tribunal must, if so required by a party to proceedings under this Part, state in writing its reasons for a decision or order, together with findings of fact, that it makes in those proceedings. EQUAL OPPORTUNITY ACT 1984 - SECT 98 98--Appeal (1) A right of appeal lies to the Supreme Court against-- (a) a decision by the Tribunal on an application for the grant, renewal or revocation of an exemption; or (b) a decision or order made by the Tribunal in proceedings under this Part. (2) An appeal under this section may be made by a party to the proceedings and must be instituted within one month of the making of the decision or order appealed against. (3) If the reasons of the Tribunal are not given in writing at the time of the making of a decision or order and the appellant then requested the Tribunal to state its reasons in writing, the time for instituting the appeal runs from the time when the written statement of those reasons is given to the appellant. (4) An appeal under this section must be conducted as a review of the decision or order of the Tribunal. (5) The Supreme Court may, on the hearing of an appeal, exercise one or more of the following powers: (a) affirm, vary or quash the decision or order appealed against, or substitute, or make in addition, a decision or order that should have been made in the first instance; (b) remit the subject matter of the appeal to the Tribunal for further hearing or consideration or for rehearing; (c) make any order as to costs or any other matter that the justice of the case requires. EQUAL OPPORTUNITY ACT 1984 - SECT 99 99--No further sanctions for breach of Act A contravention of this Act attracts no sanction or consequence (whether criminal or civil) except to the extent expressly provided by this Act. EQUAL OPPORTUNITY ACT 1984 - SECT 100 100--Proceedings under ""Fair Work Act 1994 (1) Nothing in this Act prevents a person who has been dismissed from employment from bringing proceedings in respect of that dismissal under the Fair Work Act 1994. (2) If a person brings proceedings under the Fair Work Act 1994 in respect of dismissal from employment, and those proceedings are determined, that person cannot institute or prosecute proceedings under this Act in respect of the dismissal. (3) Subsection (2) does not apply if the proceedings under the Fair Work Act 1994 are dismissed on a ground that does not relate to a ground of discrimination under this Act. (4) If a person brings proceedings under this Act in respect of dismissal from employment, and those proceedings are determined, that person cannot institute or prosecute proceedings under the Fair Work Act 1994 in respect of the dismissal. (5) Subsection (4) does not apply if the proceedings under this Act are dismissed and the proceedings under the Fair Work Act 1994 do not relate to a ground of discrimination under this Act. (6) The Commissioner may, with leave of the Industrial Relations Commission of South Australia, make submissions and present evidence in proceedings before the Commission under the Fair Work Act 1994. EQUAL OPPORTUNITY ACT 1984 - SECT 102 102--Offences against Commissioner A person must not molest, wilfully insult, hinder or obstruct the Commissioner, or an officer assisting the Commissioner, in the exercise or discharge by the Commissioner or the officer of official powers or duties. Maximum penalty: $5 000. EQUAL OPPORTUNITY ACT 1984 - SECT 103 103--Discriminatory advertisements (1) A person must not publish or cause to be published an advertisement that indicates an intention to do an act that is unlawful by virtue of this Act. Maximum penalty: $2 500. (2) In proceedings for an offence against subsection (1), it is a defence to prove that the defendant believed on reasonable grounds that the publication of the advertisement would not contravene that subsection. EQUAL OPPORTUNITY ACT 1984 - SECT 104 104--Service of documents A notice or document required or authorised to be given or sent to, or served on, a person for the purposes of this Act may-- (a) be given to the person personally; or (b) be posted in an envelope addressed to the person at the person's last known address; or (c) if the person is a party to proceedings under this Act, be transmitted to the person by fax or email to the fax number or email address last provided to the Commissioner by the person for that purpose; or (d) in the case of a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be given in accordance with that Act. EQUAL OPPORTUNITY ACT 1984 - SECT 105 105--Power of Presiding Officer to make rules The Presiding Officer of the Tribunal may make rules regulating the practice and procedure of the Tribunal. EQUAL OPPORTUNITY ACT 1984 - SECT 106 106--Regulations (1) The Governor may make such regulations as are contemplated by or as are necessary or expedient for the purposes of this Act. (2) Without limiting the generality of subsection (1), those regulations may-- (a) prescribe forms for the purposes of this Act; or (b) exempt, conditionally or unconditionally, specified persons, or persons of a specified class, from a provision of this Act; or (c) impose fines, not exceeding $2 500, for offences against the regulations. EQUAL OPPORTUNITY ACT 1984 - NOTES Legislative history Notes * This version is comprised of the following: Part 1 2.10.2009 Part 2 2.10.2009 Part 3 2.10.2009 Part 4 2.10.2009 Part 5 2.10.2009 Part 5A 2.10.2009 Part 5B 2.10.2009 Part 6 2.10.2009 Part 7 2.10.2009 Part 8 2.10.2009 Part 9 2.10.2009 * Please note--References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. * Earlier versions of this Act (historical versions) are listed at the end of the legislative history. * For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation repealed by principal Act The Equal Opportunity Act 1984 repealed the following: Sex Discrimination Act 1975 Handicapped Persons Equal Opportunity Act 1981 Racial Discrimination Act 1976 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1984 95 Equal Opportunity Act 1984 20.12.1984 1.3.1986 except Pt 4 Div 6, Pt 5 Div 6 & s 89--1.6.1986 (Gazette 5.12.1985 p1690) and except ss 12, Pt 3 Div 6 & s 101 which were deleted by 34/2009 without coming into operation 1989 68 Equal Opportunity Act Amendment Act 1989 29.10.1989 31.3.1990 (Gazette 29.3.1990 p884) except Sch--1.8.1990 (Gazette 12.7.1990 p257) 1990 23 Statute Law Revision Act 1990 26.4.1990 Sch 4--1.8.1990 (Gazette 12.7.1990 p257) 1990 25 Equal Opportunity Act Amendment Act 1990 26.4.1990 24.5.1990 (Gazette 24.5.1990 p1404) except ss 3--6 & 8--1.6.1991 (Gazette 30.5.1991 p1702) 1992 56 Equal Opportunity (Employment of Juniors) Amendment Act 1992 29.10.1992 29.10.1992 1993 35 Equal Opportunity (Compulsory Retirement) Amendment Act 1993 13.5.1993 13.5.1993 1993 75 Statutes Amendment (Abolition of Compulsory Retirement) Act 1993 21.10.1993 1.1.1994: s 2 1996 85 Equal Opportunity (Tribunal) Amendment Act 1996 12.12.1996 12.12.1996 1997 30 Statutes Amendment (References to Banks) Act 1997 12.6.1997 Pt 5 (s 7)--3.7.1997 (Gazette 3.7.1997 p4) 1997 47 Equal Opportunity (Sexual Harassment) Amendment Act 1997 31.7.1997 20.4.1998 (Gazette 16.4.1998 p1706) 2006 43 Statutes Amendment (Domestic Partners) Act 2006 14.12.2006 Pt 32 (ss 95 & 96)--1.6.2007 (Gazette 26.4.2007 p1352) 2009 34 Equal Opportunity (Miscellaneous) Amendment Act 2009 23.7.2009 2.10.2009 (Gazette 10.9.2009 p4410) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended by 68/1989 s 3 31.3.1990 amended by 25/1990 s 3 1.6.1991 amended by 34/2009 s 4 2.10.2009 Pt 1 s 2 amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 deleted by 34/2009 Sch 1 2.10.2009 ss 3 and 4 deleted by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 5 s 5(1) act inserted by 34/2009 s 5(1) 2.10.2009 assistance animal inserted by 34/2009 s 5(1) 2.10.2009 business inserted by 34/2009 s 5(1) 2.10.2009 caring responsibilities inserted by 34/2009 s 5(1) 2.10.2009 child inserted by 34/2009 s 5(1) 2.10.2009 chosen gender inserted by 34/2009 s 5(1) 2.10.2009 close personal relationship inserted by 34/2009 s 5(1) 2.10.2009 Commissioner the Commissioner amended to read Commissioner by 34/2009 Sch 1 2.10.2009 council inserted by 47/1997 s 3(a) 20.4.1998 amended by 34/2009 Sch 1 2.10.2009 court inserted by 47/1997 s 3(a) 20.4.1998 disability inserted by 34/2009 s 5(2) 2.10.2009 domestic partner inserted by 43/2006 s 95(1) 1.6.2007 substituted by 34/2009 s 5(3) 2.10.2009 educational authority amended by 34/2009 Sch 1 2.10.2009 employee substituted by 68/1989 s 4(a) 31.3.1990 employer substituted by 68/1989 s 4(a) 31.3.1990 employment inserted by 68/1989 s 4(a) 31.3.1990 employment agency amended by 34/2009 s 5(4) 2.10.2009 impairment inserted by 68/1989 s 4(b) 31.3.1990 deleted by 34/2009 s 5(5) 2.10.2009 intellectual impairment inserted by 68/1989 s 4(b) 31.3.1990 deleted by 34/2009 s 5(5) 2.10.2009 judicial officer inserted by 47/1997 s 3(b) 20.4.1998 marital or domestic partnership status marital status amended by 68/1989 Sch 1.8.1990 marital status amended to read marital or domestic partnership status by 34/2009 s 5(6), (7) 2.10.2009 medical practitioner inserted by 34/2009 s 5(8) 2.10.2009 member amended by 68/1989 Sch 1.8.1990 near relative amended by 68/1989 Sch 1.8.1990 amended by 43/2006 s 95(2) 1.6.2007 panel the panel amended to read panel by 34/2009 Sch 1 2.10.2009 parliamentary proceedings inserted by 47/1997 s 3(c) 20.4.1998 physical impairment substituted by 68/1989 s 4(c) 31.3.1990 deleted by 34/2009 s 5(9) 2.10.2009 potential pregnancy inserted by 34/2009 s 5(9) 2.10.2009 race substituted by 68/1989 Sch 1.8.1990 substituted by 34/2009 s 5(9) 2.10.2009 registered industrial association inserted by 34/2009 s 5(9) 2.10.2009 Registrar the Registrar amended to read Registrar by 34/2009 Sch 1 2.10.2009 secondary education institution inserted by 34/2009 s 5(10) 2.10.2009 services to which this Act applies amended by 68/1989 s 4(d) 31.3.1990 amended by 30/1997 s 7 3.7.1997 amended by 34/2009 s 5(11), Sch 1 2.10.2009 sexuality amended by 34/2009 s 5(12) 2.10.2009 spouse substituted by 43/2006 s 95(3) 1.6.2007 transexual deleted by 34/2009 s 5(13) 2.10.2009 transexuality deleted by 34/2009 s 5(13) 2.10.2009 Tribunal the Tribunal amended to read Tribunal by 34/2009 Sch 1 2.10.2009 unpaid worker voluntary worker redefined as unpaid worker by 68/1989 s 4(e) 31.3.1990 amended by 34/2009 Sch 1 2.10.2009 s 5(2) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 5(3)--(5) inserted by 34/2009 s 5(14) 2.10.2009 s 6 s 6(1) amended by 68/1989 Sch 1.8.1990 amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 6(2) amended by 68/1989 Sch 1.8.1990 s 6(3) inserted by 68/1989 s 5 31.3.1990 s 6(4) inserted by 34/2009 s 6 2.10.2009 Pt 2 heading amended by 34/2009 Sch 1 2.10.2009 Pt 2 Div 1 heading amended by 34/2009 Sch 1 2.10.2009 s 8 s 8(1) and (2) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 8(3) and (4) substituted by 68/1989 s 6 31.3.1990 s 8(5) inserted by 68/1989 s 6 31.3.1990 s 9 substituted by 68/1989 s 7 31.3.1990 s 10 s 10(1) s 10 redesignated as s 10(1) by 34/2009 s 7 2.10.2009 s 10(2) inserted by 34/2009 s 7 2.10.2009 s 11 s 11(1) amended by 68/1989 s 8 31.3.1990 amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 amended by 25/1990 s 4(a), (b) 1.6.1991 amended by 34/2009 s 8(1) 2.10.2009 s 11(2) amended by 68/1989 s 8 31.3.1990 amended by 25/1990 s 4(c), (d) 1.6.1991 amended by 34/2009 s 8(2) 2.10.2009 s 12 before substitution by 34/2009 s 12(1) amended by 68/1989 Sch 1.8.1990 amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 12(2) amended by 68/1989 s 9(a)--(c) 31.3.1990 amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 12(3) substituted by 68/1989 s 9(d) 31.3.1990 s 12 deleted by 34/2009 Sch 1 2.10.2009 s 13 deleted by 68/1989 s 10 31.3.1990 s 14 s 14(1) amended by 68/1989 s 11 31.3.1990 amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 amended by 34/2009 s 9(1), (2) 2.10.2009 s 14(2) amended by 68/1989 Sch 1.8.1990 amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 amended by 34/2009 s 9(3) 2.10.2009 s 15 s 15(1) amended by 68/1989 Sch 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 15(2) amended by 34/2009 Sch 1 2.10.2009 s 16 s 16(1) amended by 68/1989 Sch 1.8.1990 amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 16(2) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 Pt 2 Div 2 heading amended by 34/2009 Sch 1 2.10.2009 s 17 substituted by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 18 s 18(1) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 amended by 85/1996 s 2(a) 12.12.1996 s 18(2) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 18(3) and (4) amended by 68/1989 Sch 1.8.1990 s 18(5) substituted by 68/1989 Sch 1.8.1990 amended by 85/1996 s 2(b) 12.12.1996 amended by 34/2009 Sch 1 2.10.2009 s 18(6) substituted by 68/1989 Sch 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 18(7) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 deleted by 85/1996 s 2(c) 12.12.1996 s 19 s 19(2) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 19(3)--(5) substituted by 68/1989 Sch 1.8.1990 s 20 amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 21 s 21(1) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 21(2) amended by 68/1989 Sch 1.8.1990 amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 22 s 22(1) and (2) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 23 s 23(1) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 23(1a) inserted by 34/2009 s 10 2.10.2009 s 23(2) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 23(3) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 23(4) amended by 34/2009 Sch 1 2.10.2009 s 23(5) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 24 s 24(1) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 24(2) amended by 68/1989 Sch 1.8.1990 s 24(3) amended by 68/1989 Sch 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 24(4) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 25 s 25(1) amended by 68/1989 Sch 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 25(2) amended by 68/1989 Sch 1.8.1990 amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 amended by 34/2009 s 11, Sch 1 2.10.2009 s 25(3) substituted by 68/1989 Sch 1.8.1990 s 26 s 26(1) amended by 34/2009 s 12, Sch 1 2.10.2009 s 26(2) amended by 34/2009 Sch 1 2.10.2009 s 26(3) amended by 68/1989 Sch 1.8.1990 s 27 s 27(1) amended by 34/2009 Sch 1 2.10.2009 s 27(2) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 27(3) amended by 34/2009 Sch 1 2.10.2009 Pt 2 Div 3 heading amended by 34/2009 Sch 1 2.10.2009 s 28 s 28(1) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 28(2) substituted by 68/1989 s 12 31.3.1990 s 28(3) deleted by 68/1989 s 12 31.3.1990 Pt 3 heading substituted by 34/2009 s 13 2.10.2009 Pt 3 Div 1 heading amended by 34/2009 Sch 1 2.10.2009 s 29 substituted by 68/1989 Sch 1.8.1990 s 29(1) deleted by 34/2009 s 14(1) 2.10.2009 s 29(2) amended by 34/2009 s 14(2), Sch 1 2.10.2009 s 29(2a) inserted by 34/2009 s 14(3) 2.10.2009 s 29(3) amended by 34/2009 s 14(4)--(6), Sch 1 2.10.2009 s 29(4)--(6) deleted by 34/2009 s 14(7) 2.10.2009 Pt 3 Div 2 heading substituted by 34/2009 s 15 2.10.2009 s 30 amended by 68/1989 Sch 1.8.1990 s 30(1) and (2) amended by 34/2009 Sch 1 2.10.2009 s 31 s 31(1) substituted by 34/2009 s 16(1) 2.10.2009 s 31(2) amended by 68/1989 Sch 1.8.1990 amended by 34/2009 s 16(2), Sch 1 2.10.2009 s 31(3) amended by 68/1989 Sch 1.8.1990 amended by 34/2009 s 16(3), (4), Sch 1 2.10.2009 s 32 s 32(1) and (2) substituted by 34/2009 s 17(1) 2.10.2009 s 32(3) amended by 68/1989 Sch 1.8.1990 amended by 34/2009 s 17(2), Sch 1 2.10.2009 s 33 s 33(1) amended by 34/2009 s 18(1), Sch 1 2.10.2009 s 33(2) deleted by 34/2009 s 18(2) 2.10.2009 s 33(3) amended by 34/2009 Sch 1 2.10.2009 s 33(4) amended by 68/1989 Sch 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 34 before substitution by 34/2009 s 34(3) substituted by 68/1989 s 13 31.3.1990 s 34 substituted by 34/2009 s 19 2.10.2009 Pt 3 Div 3 s 35 s 35(1) amended by 68/1989 s 14 31.3.1990 amended by 68/1989 Sch 1.8.1990 amended by 34/2009 s 20(1)--(3), Sch 1 2.10.2009 s 35(2) amended by 34/2009 Sch 1 2.10.2009 s 35(2a) and (2b) inserted by 34/2009 s 20(4) 2.10.2009 s 35(3) amended by 68/1989 Sch 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 35A inserted by 68/1989 s 15 31.3.1990 deleted by 34/2009 s 21 2.10.2009 s 36 amended by 34/2009 Sch 1 2.10.2009 Pt 3 Div 4 s 37 s 37(1) and (2) amended by 68/1989 Sch 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 37(3) amended by 34/2009 Sch 1 2.10.2009 Pt 3 Div 5 s 38 s 38(1) amended by 34/2009 Sch 1 2.10.2009 s 39 s 39(1) amended by 68/1989 s 16 31.3.1990 amended by 68/1989 Sch 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 39(2) amended by 68/1989 Sch 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 40 s 40(1) and (2) amended by 68/1989 Sch 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 40(3) amended by 68/1989 Sch 1.8.1990 substituted by 34/2009 s 22(1) 2.10.2009 s 40(4) amended by 34/2009 s 22(2), (3), Sch 1 2.10.2009 Pt 3 Div 6 before deletion by 34/2009 s 41 de facto spouse amended by 68/1989 Sch 1.8.1990 s 42 s 42(1) and (3) amended by 68/1989 Sch 1.8.1990 s 43 amended by 68/1989 Sch 1.8.1990 Pt 3 Div 6 deleted by 34/2009 Sch 1 2.10.2009 Pt 3 Div 7 heading amended by 34/2009 Sch 1 2.10.2009 s 45 amended by 34/2009 s 23(1), Sch 1 2.10.2009 (a)(iii) and (iv) deleted by 34/2009 s 23(2) 2.10.2009 s 46 deleted by 34/2009 s 24 2.10.2009 s 47 amended by 34/2009 s 25 2.10.2009 s 49 amended by 34/2009 Sch 1 2.10.2009 s 50 s 50(1) amended by 34/2009 s 26(1) 2.10.2009 s 50(2) amended by 43/2006 s 96 1.6.2007 deleted by 34/2009 s 26(2) 2.10.2009 Pt 4 heading amended by 34/2009 Sch 1 2.10.2009 Pt 4 Div 1 heading amended by 34/2009 Sch 1 2.10.2009 s 51 substituted by 68/1989 Sch 1.8.1990 amended by 34/2009 s 27, Sch 1 2.10.2009 Pt 4 Div 2 heading substituted by 34/2009 s 28 2.10.2009 s 52 s 52(1) amended by 68/1989 Sch 1.8.1990 s 52(2) amended by 68/1989 Sch 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 53 s 53(1) substituted by 34/2009 s 29(1) 2.10.2009 s 53(2) amended by 68/1989 Sch 1.8.1990 amended by 34/2009 s 29(2) 2.10.2009 s 53(3) amended by 68/1989 Sch 1.8.1990 amended by 34/2009 s 29(3), (4), Sch 1 2.10.2009 s 54 s 54(1) substituted by 34/2009 s 30(1) 2.10.2009 s 54(2) amended by 68/1989 Sch 1.8.1990 substituted by 34/2009 s 30(1) 2.10.2009 s 54(3) amended by 68/1989 Sch 1.8.1990 amended by 34/2009 s 30(2), Sch 1 2.10.2009 s 55 s 55(1) and (2) amended by 68/1989 Sch 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 56 s 56(1) substituted by 34/2009 s 31(1) 2.10.2009 s 56(2) amended by 34/2009 s 31(2) 2.10.2009 Pt 4 Div 3 s 57 s 57(1) amended by 68/1989 s 17 31.3.1990 amended by 68/1989 Sch 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 58 s 58(1) s 58 amended by 68/1989 Sch 1.8.1990 s 58 redesignated as s 58(1) by 25/1990 s 5 1.6.1991 amended by 34/2009 Sch 1 2.10.2009 s 58(2) inserted by 25/1990 s 5 1.6.1991 Pt 4 Div 4 s 59 s 59(1) amended by 68/1989 Sch 1.8.1990 s 59(2) amended by 68/1989 Sch 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 Pt 4 Div 5 s 60 s 60(1) amended by 68/1989 Sch 1.8.1990 s 61 amended by 68/1989 s 18 31.3.1990 amended by 68/1989 Sch 1.8.1990 s 62 s 62(1) and (2) amended by 68/1989 Sch 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 62(2a) inserted by 34/2009 s 32 2.10.2009 Pt 4 Div 6 s 63 s 63(1) amended by 68/1989 Sch 1.8.1990 Pt 4 Div 7 heading amended by 34/2009 Sch 1 2.10.2009 s 64 amended by 34/2009 Sch 1 2.10.2009 Pt 5 heading amended by 68/1989 s 19 31.3.1990 amended by 34/2009 s 33 2.10.2009 Pt 5 Div 1 heading amended by 34/2009 Sch 1 2.10.2009 s 66 substituted by 68/1989 s 20 31.3.1990 amended by 34/2009 s 34(1)--(5) 2.10.2009 Pt 5 Div 2 heading substituted by 34/2009 s 35 2.10.2009 s 67 s 67(1) amended by 68/1989 s 21 31.3.1990 amended by 68/1989 Sch 1.8.1990 amended by 34/2009 s 36 2.10.2009 s 67(2) amended by 68/1989 s 21 31.3.1990 amended by 68/1989 Sch 1.8.1990 amended by 34/2009 s 36, Sch 1 2.10.2009 s 68 s 68(1) substituted by 34/2009 s 37(2) 2.10.2009 s 68(2) amended by 68/1989 s 21 31.3.1990 amended by 68/1989 Sch 1.8.1990 amended by 34/2009 s 37(1), (3) 2.10.2009 s 68(3) amended by 68/1989 s 21 31.3.1990 amended by 68/1989 Sch 1.8.1990 amended by 34/2009 s 37(1), (4), (5), Sch 1 2.10.2009 s 69 s 69(1) substituted by 34/2009 s 38(1) 2.10.2009 s 69(2) amended by 68/1989 s 21 31.3.1990 substituted by 34/2009 s 38(1) 2.10.2009 s 69(3) amended by 68/1989 s 21 31.3.1990 amended by 68/1989 Sch 1.8.1990 amended by 34/2009 s 38(2), (3), Sch 1 2.10.2009 s 70 s 70(1) amended by 68/1989 s 21 31.3.1990 amended by 34/2009 s 39, Sch 1 2.10.2009 s 70(2) amended by 68/1989 s 21 31.3.1990 amended by 68/1989 Sch 1.8.1990 amended by 34/2009 s 39, Sch 1 2.10.2009 s 71 s 71(1) substituted by 34/2009 s 40(1) 2.10.2009 s 71(2) amended by 68/1989 s 22 31.3.1990 amended by 68/1989 Sch 1.8.1990 amended by 34/2009 s 40(2), (3) 2.10.2009 Pt 5 Div 3 s 72 s 72(1) amended by 68/1989 s 23 31.3.1990 amended by 68/1989 Sch 1.8.1990 amended by 34/2009 s 41, Sch 1 2.10.2009 s 73 s 73(1) amended by 68/1989 s 24 31.3.1990 amended by 34/2009 s 42, Sch 1 2.10.2009 s 73(2) amended by 68/1989 s 24 31.3.1990 amended by 68/1989 Sch 1.8.1990 amended by 34/2009 s 42 2.10.2009 Pt 5 Div 4 s 74 s 74(1) amended by 68/1989 s 25(a) 31.3.1990 amended by 68/1989 Sch 1.8.1990 amended by 34/2009 s 43 2.10.2009 s 74(2) amended by 68/1989 s 25(b) 31.3.1990 amended by 68/1989 Sch 1.8.1990 amended by 34/2009 s 43, Sch 1 2.10.2009 s 74(3) amended by 68/1989 s 25(c) 31.3.1990 amended by 34/2009 s 43 2.10.2009 Pt 5 Div 5 s 75 s 75(1) amended by 68/1989 s 26 31.3.1990 amended by 34/2009 s 44 2.10.2009 s 76 s 76(1) amended by 68/1989 s 27(a), (b) 31.3.1990 amended by 68/1989 Sch 1.8.1990 amended by 34/2009 s 45(2) 2.10.2009 s 76(1a) inserted by 34/2009 s 45(3) 2.10.2009 s 76(2) amended by 68/1989 s 27(c) 31.3.1990 amended by 68/1989 Sch 1.8.1990 amended by 34/2009 s 45(1), (2), Sch 1 2.10.2009 s 76(3) substituted by 68/1989 Sch 1.8.1990 amended by 34/2009 s 45(2), Sch 1 2.10.2009 s 77 s 77(1) and (2) amended by 68/1989 s 28 31.3.1990 amended by 68/1989 Sch 1.8.1990 amended by 34/2009 s 46(1), Sch 1 2.10.2009 s 77(2a) inserted by 34/2009 s 46(2) 2.10.2009 Pt 5 Div 6 s 78 s 78(1) amended by 68/1989 s 29 31.3.1990 amended by 68/1989 Sch 1.8.1990 amended by 34/2009 s 47, Sch 1 2.10.2009 Pt 5 Div 7 heading amended by 34/2009 Sch 1 2.10.2009 s 79 amended by 68/1989 s 30 31.3.1990 amended by 34/2009 s 48 2.10.2009 s 79A inserted by 34/2009 s 49 2.10.2009 s 80 amended by 68/1989 s 31 31.3.1990 amended by 34/2009 s 50, Sch 1 2.10.2009 s 81 substituted by 68/1989 s 32 31.3.1990 amended by 34/2009 s 51(1), (2) 2.10.2009 s 82 amended by 68/1989 s 33 31.3.1990 amended by 34/2009 s 52 2.10.2009 s 83 deleted by 68/1989 s 34 31.3.1990 s 84 amended by 68/1989 Sch 1.8.1990 substituted by 34/2009 s 53 2.10.2009 s 85 amended by 68/1989 s 35 31.3.1990 amended by 34/2009 s 54, Sch 1 2.10.2009 Pt 5A inserted by 25/1990 s 6 1.6.1991 heading amended by 34/2009 Sch 1 2.10.2009 Pt 5A Div 1 heading amended by 34/2009 Sch 1 2.10.2009 s 85A amended by 34/2009 s 55, Sch 1 2.10.2009 Pt 5A Div 2 heading substituted by 34/2009 s 56 2.10.2009 s 85B s 85B(2) amended by 34/2009 Sch 1 2.10.2009 s 85C s 85C(1) substituted by 34/2009 s 57(1) 2.10.2009 s 85C(2) amended by 34/2009 s 57(2) 2.10.2009 s 85C(3) amended by 34/2009 s 57(3), (4), Sch 1 2.10.2009 s 85D s 85D(1) and (2) substituted by 34/2009 s 58(1) 2.10.2009 s 85D(3) amended by 34/2009 s 58(2), Sch 1 2.10.2009 s 85E s 85E(1) and (2) amended by 34/2009 Sch 1 2.10.2009 s 85EA inserted by 34/2009 Sch 1 2.10.2009 s 85F s 85F(1) substituted by 34/2009 s 59(1) 2.10.2009 s 85F(2) amended by 34/2009 s 59(2) 2.10.2009 s 85F(3) amended by 34/2009 s 59(3) 2.10.2009 s 85F(4) substituted by 56/1992 s 2 29.10.1992 amended by 34/2009 Sch 1 2.10.2009 s 85F(4a) inserted by 75/1993 s 12 1.1.1994 deleted by 34/2009 Sch 1 2.10.2009 s 85F(5) expired: s 85F(6)--omitted under Legislation Revision and Publication Act 2002 (31.12.1993) s 85F(6) amended by 35/1993 s 2 13.5.1993 deleted by 34/2009 Sch 1 2.10.2009 Pt 5A Div 3 s 85G s 85G(1)--(3) amended by 34/2009 Sch 1 2.10.2009 Pt 5A Div 4 s 85I s 85I(2) and (3) amended by 34/2009 Sch 1 2.10.2009 Pt 5A Div 5 s 85K s 85K(2) deleted by 34/2009 s 60(1) 2.10.2009 s 85K(3) amended by 34/2009 s 60(2), (3), Sch 1 2.10.2009 s 85L s 85L(1) amended by 34/2009 Sch 1 2.10.2009 s 85L(2) deleted by 34/2009 s 61(1) 2.10.2009 s 85L(3) and (4) amended by 34/2009 Sch 1 2.10.2009 s 85L(5) amended by 34/2009 s 61(2), Sch 1 2.10.2009 (c) deleted by 34/2009 s 61(2) 2.10.2009 Pt 5A Div 6 heading amended by 34/2009 Sch 1 2.10.2009 s 85N amended by 34/2009 Sch 1 2.10.2009 Pt 5A Div 7 deleted by 34/2009 Sch 1 2.10.2009 Pt 5B inserted by 34/2009 s 62 2.10.2009 Pt 6 s 86 substituted by 68/1989 Sch 1.8.1990 s 86(2) amended by 34/2009 Sch 1 2.10.2009 s 87 s 87(1) and (2) substituted by 68/1989 s 36(a) 31.3.1990 substituted by 34/2009 s 63(1) 2.10.2009 s 87(3) substituted by 34/2009 s 63(1) 2.10.2009 s 87(4) amended by 68/1989 Sch 1.8.1990 deleted by 34/2009 s 63(1) 2.10.2009 s 87(5) deleted by 34/2009 s 63(1) 2.10.2009 s 87(6aa) inserted by 34/2009 s 63(2) 2.10.2009 s 87(6a)--(6e) inserted by 47/1997 s 4 20.4.1998 s 87(6f) and (6g) inserted by 34/2009 s 63(3) 2.10.2009 s 87(7) substituted by 68/1989 s 36(b) 31.3.1990 substituted by 34/2009 s 63(4) 2.10.2009 s 87(8) substituted by 34/2009 s 63(4) 2.10.2009 s 87(9) amended by 68/1989 Sch 1.8.1990 substituted by 34/2009 s 63(4) 2.10.2009 s 87(10) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 deleted by 34/2009 s 63(4) 2.10.2009 s 87(11) substituted by 68/1989 Sch 1.8.1990 deleted by 34/2009 s 63(4) 2.10.2009 ss 87A and 87B inserted by 34/2009 s 64 2.10.2009 s 88 amended by 68/1989 Sch 1.8.1990 amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 substituted by 34/2009 s 64 2.10.2009 s 88A inserted by 34/2009 s 64 2.10.2009 s 89 amended by 68/1989 Sch 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 90 amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 91 before substitution by 34/2009 s 91(1) and (2) amended by 68/1989 Sch 1.8.1990 s 91(3) amended by 68/1989 Sch 1.8.1990 amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 91(4) amended by 68/1989 Sch 1.8.1990 s 91 substituted by 34/2009 s 65 2.10.2009 Pt 7 s 92 s 92(1) amended by 34/2009 Sch 1 2.10.2009 s 92(2) and (4) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 92(6) amended by 34/2009 Sch 1 2.10.2009 s 92(7) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 Pt 8 heading amended by 34/2009 Sch 1 2.10.2009 Pt 8 Div 1 heading amended by 68/1989 s 37 31.3.1990 substituted by 34/2009 s 66 2.10.2009 s 93 s 93(1) substituted by 68/1989 s 38 31.3.1990 amended by 34/2009 s 67(1), Sch 1 2.10.2009 s 93(1a) inserted by 68/1989 s 38 31.3.1990 s 93(1b) s 93(1ab) inserted by 68/1989 s 38 31.3.1990 s 93(1ab) redesignated as s 93(1b) by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 93(1c) inserted by 68/1989 s 38 31.3.1990 s 93(2) amended by 34/2009 s 67(2), (3), Sch 1 2.10.2009 s 93(2a)--(2c) inserted by 34/2009 s 67(4) 2.10.2009 s 93(3) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 amended by 34/2009 s 67(5), Sch 1 2.10.2009 s 93AA inserted by 47/1997 s 5 20.4.1998 s 93AA(6) and (7) deleted by 34/2009 Sch 1 2.10.2009 s 93A inserted by 68/1989 s 39 31.3.1990 s 93A(3) inserted by 47/1997 s 6 20.4.1998 s 94 s 94(1) substituted by 68/1989 s 40 31.3.1990 s 94(2) substituted by 34/2009 s 68(1) 2.10.2009 s 94(2a) and (2b) inserted by 34/2009 s 68(1) 2.10.2009 s 94(3) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 amended by 34/2009 s 68(2), (3) 2.10.2009 s 94(4) amended by 68/1989 Sch 1.8.1990 substituted by 34/2009 s 68(4) 2.10.2009 s 94(5) amended by 68/1989 Sch 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 94(6) amended by 34/2009 Sch 1 2.10.2009 s 94(7) inserted by 47/1997 s 7 20.4.1998 amended by 34/2009 Sch 1 2.10.2009 s 95 before substitution by 34/2009 s 95(1) amended by 68/1989 Sch 1.8.1990 s 95(3) amended by 68/1989 s 41(a) 31.3.1990 amended by 68/1989 Sch 1.8.1990 amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 95(4) amended by 68/1989 Sch 1.8.1990 s 95(5) and (7) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 95(8) amended by 68/1989 s 41(b)--(d) 31.3.1990 amended by 68/1989 Sch 1.8.1990 amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 95(8a) inserted by 68/1989 s 41(e) 31.3.1990 s 95(9) substituted by 68/1989 Sch 1.8.1990 s 95 substituted by 34/2009 s 69 2.10.2009 ss 95A--95D inserted by 34/2009 s 69 2.10.2009 s 96 s 96(1) substituted by 68/1989 s 42(a) 31.3.1990 (d) deleted by 25/1990 s 7(a) 24.5.1990 amended by 34/2009 s 70(1), (2), Sch 1 2.10.2009 s 96(2) substituted by 25/1990 s 7(b) 24.5.1990 amended by 34/2009 Sch 1 2.10.2009 s 96(3) amended by 68/1989 s 42(b) 31.3.1990 amended by 68/1989 Sch 1.8.1990 s 96(3a) and (3b) inserted by 34/2009 s 70(3) 2.10.2009 s 96(4) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 amended by 34/2009 s 70(4) 2.10.2009 s 96(5) amended by 68/1989 Sch 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 96(6) inserted by 34/2009 s 70(5) 2.10.2009 s 96A inserted by 34/2009 s 71 2.10.2009 Pt 8 Div 2 heading substituted by 34/2009 s 72 2.10.2009 s 96B inserted by 34/2009 s 73 2.10.2009 s 97 amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 98 s 98(1) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 98(2) amended by 34/2009 Sch 1 2.10.2009 s 98(3) and (4) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 98(5) amended by 34/2009 Sch 1 2.10.2009 Pt 9 s 99 amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 100 s 100(1) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 100(2) amended by 68/1989 Sch 1.8.1990 amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 100(3) amended by 68/1989 s 43 31.3.1990 amended by 25/1990 s 8(a), (b) 1.6.1991 amended by 34/2009 s 74(1), Sch 1 2.10.2009 s 100(4) amended by 68/1989 Sch 1.8.1990 amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 amended by 34/2009 Sch 1 2.10.2009 s 100(5) amended by 68/1989 s 43 31.3.1990 amended by 25/1990 s 8(c), (d) 1.6.1991 amended by 34/2009 s 74(2), Sch 1 2.10.2009 s 100(6) inserted by 34/2009 s 74(3) 2.10.2009 s 101 before deletion by 34/2009 s 101(1) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 101(2) substituted by 68/1989 Sch 1.8.1990 s 101(5) amended by 68/1989 Sch 1.8.1990 amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 101(6) and (7) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 s 101 deleted by 34/2009 Sch 1 2.10.2009 s 102 amended by 68/1989 Sch 1.8.1990 amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 amended by 34/2009 s 75 2.10.2009 s 103 s 103(1) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 amended by 34/2009 s 76 2.10.2009 s 103(2) substituted by 68/1989 Sch 1.8.1990 s 104 substituted by 23/1990 s 3(1) (Sch 4) 1.8.1990 substituted by 34/2009 s 77 2.10.2009 s 106 s 106(1) amended by 34/2009 s 78(1) 2.10.2009 s 106(2) amended by 23/1990 s 3(1) (Sch 4) 1.8.1990 amended by 34/2009 s 78(2), Sch 1 2.10.2009 Historical versions Reprint --1.8.1990 Reprint No 1--1.7.1991 Reprint No 2--29.10.1992 Reprint No 3--13.5.1993 Reprint No 4--1.1.1994 Reprint No 5--12.12.1996 Reprint No 6--3.7.1997 Reprint No 7--20.4.1998 1.6.2007