South Australian Consolidated Acts

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.