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EQUAL OPPORTUNITY ACT 1984 - SECT 85ZE

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.