EQUAL OPPORTUNITY ACT 1984 - SECT 5
EQUAL OPPORTUNITY ACT 1984 - SECT 5
(1) In this Act,
unless the contrary intention appears—
"act" includes an omission;
"assistance animal" means—
(a) a
dog that is an accredited assistance 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;
"close personal relationship" means the relationship between 2 adult persons
(whether or not related by family and irrespective of their sexual orientation
or gender identity) 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 abuse" has the same meaning as in the Intervention Orders
(Prevention of Abuse) Act 2009 ;
"domestic partner" means—
(a) a
person who is in a registered relationship; or
(b) a
person who lives 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;
"near relative" of a person means spouse, domestic partner, parent, child,
grandparent, grandchild, brother or sister;
"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;
"registered relationship" means a relationship that is registered under the
Relationships Register Act 2016 , and includes a corresponding law
registered relationship under that Act;
"Registrar" means the person holding or acting in the office of Registrar of
the Tribunal under this Act;
"SAET" means the South Australian Employment Tribunal established under the
South Australian Employment Tribunal Act 2014 ;
"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;
"spouse"—a person is the spouse of another if they are legally married;
"Tribunal" means the South Australian Civil and Administrative Tribunal
established under the South Australian Civil and Administrative Tribunal
Act 2013 ;
"unpaid worker" means a person who performs work for an employer for no
remuneration.
(2) After the
commencement of this subsection, the provision of assisted insemination or
assisted reproductive treatment (both within the meaning of the Assisted
Reproductive Treatment Act 1988 ) will be the provision of a service to
which this Act applies; however, to avoid doubt, the provision of any such
service before the commencement of this subsection is not (and will be taken
never to have been) a service to which this Act or the repealed Sex
Discrimination Act 1975 applied.
(2a) Despite
subsection (2), the refusal by a person who is a registered objector
within the meaning of the Assisted Reproductive Treatment Act 1988 to
provide assisted reproductive treatment to another on the basis of the other's
sexual orientation or gender identity, or marital status, will not be taken to
be refusal of a service to which this Act applies.
(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.