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ANTI-DISCRIMINATION ACT 1998

- Act 46 of 1998 - Royal Assent 18 December 1998

Table of Provisions

Long Title

PART 1 - Preliminary

  • 1 Short title
  • 2 Commencement
  • 3 Interpretation
  • 4 Act to bind Crown

PART 2 - Anti-Discrimination Commissioner

  • 5 Appointment of Commissioner
  • 6 Functions of Commissioner
  • 7 Powers of Commissioner
  • 8 Delegation
  • 9 Arrangements with Commonwealth
  • 10 Annual report
  • 11 Special report

PART 3 - Tribunal

  • 12 Section 12
  • 12A Section 12A
  • 13 Functions of Tribunal

PART 4 - Discrimination and prohibited conduct Division 1 -

Discrimination
  • 14 Direct discrimination
  • 15 Indirect discrimination
  • 16 Discrimination on ground of attribute

Division 2 - Prohibited conduct

  • 17 Prohibition of certain conduct and sexual harassment
  • 18 Prohibition of victimisation
  • 19 Inciting hatred
  • 20 Promoting discrimination and prohibited conduct
  • 21 Prohibition of aiding contravention of this Act

Division 3 - Application of Act to certain areas of activity

  • 22 Areas of activity

PART 5 - Exceptions and exemptions Division 1 - General exceptions

  • 23 Charities
  • 24 Actions required by law
  • 25 Disadvantaged groups and special needs
  • 26 Equal opportunities

Division 2 - Exceptions relating to certain attributes

  • 27 Gender
  • 28 Family responsibilities and other attributes
  • 29 Sport
  • 30 Insurance and superannuation

Division 3 - Exceptions relating to age

  • 31 Sporting activity of particular age group
  • 32 Clubs for particular age groups
  • 33 Superannuation for persons of particular age group
  • 34 Insurance and financial services for particular age group
  • 35 Retirement on basis of age
  • 36 Employment based on age
  • 37 Education for persons of particular age group
  • 38 Benefits and concessions
  • 39 Accompanied by adult

Division 4 - Exceptions relating to race

  • 40 Clubs for persons of certain races
  • 41 Employment based on race
  • 42 Cultural and religious places

Division 5 - Exceptions relating to disability

  • 43 Sporting activity for persons with disabilities
  • 44 Insurance and superannuation for persons with disabilities
  • 45 Employment based on disability
  • 46 Education for persons with disabilities
  • 47 Infectious disease
  • 48 Access and provision of services

Division 6 - Exceptions relating to industrial activity

  • 49 Employment based on industrial activity

Division 7 - Exceptions relating to irrelevant criminal record

  • 50 Dealing with children

Division 8 - Exceptions relating to religious belief, affiliation or

activity
  • 51 Employment based on religion
  • 51A Admission of person as student based on religion
  • 52 Participation in religious observance

Division 9 - Exceptions relating to political belief, affiliation or

activity
  • 53 Employment

Division 10 - Exceptions relating to other issues

  • 54 Legal incapacity
  • 55 Public purpose

Division 11 - Exemptions

  • 55A Section 55A
  • 55B Section 55B
  • 56 Application for exemption
  • 57 Grant and renewal of exemption
  • 58 Notification relating to exemption
  • 59 Review of exemptions

PART 6 - Dispute resolution Division 1 - Interpretation

  • 59A Interpretation

Division 1A - Complaints

  • 60 Who may complain
  • 60A Appointment of litigation guardian
  • 61 Acting on behalf of complainant
  • 62 Form of complaint
  • 62A Combining complaints
  • 63 Time limit on complaints
  • 64 Rejection of complaints
  • 65 Review of rejected complaints
  • 65A Amendment of complaints
  • 66 Agreements not to complain
  • 67 Notification of acceptance of complaints
  • 68 Application to Commissioner to withdraw complaint

Division 2 - Investigation

  • 69 Investigation of complaints
  • 70 Referral by Minister
  • 71 Completion of investigation
  • 72 Review of rejection or dismissal
  • 73 Lapsed complaints

Division 3 - Resolution of complaints

  • 74 Resolution of complaints
  • 75 Conciliation conference
  • 75A Further investigation by Commissioner if no agreement reached by
  • conciliation
  • 76 Resolved complaint
  • 77 Conciliation proceedings not admissible

Division 4 - Inquiry

  • 78 Referral for inquiry
  • 78A Section 78A
  • 79 Referral report
  • 79A Representation in inquiry
  • 80 Directions conference
  • 80A Section 80A
  • 81 Proceedings relating to inquiry
  • 82 Representative complaints
  • 83 Ordinary complaint not precluded
  • 84 Amendment of complaints
  • 85 Hearing of inquiry
  • 86 Section 86
  • 86A Security for costs
  • 87 Section 87
  • 88 Section 88
  • 89 Orders
  • 90 Enforcement of orders
  • 91 Referral of substantiated claims to Industrial Commission
  • 92 Apologies and retractions
  • 93 Reasons for orders
  • 94 Conciliation and agreement
  • 95 Section 95
  • 96 Matters taken into account

Division 5 - Miscellaneous

  • 96A Appeal of terms of settlement in relation to complaint involving
  • children, &c.
  • 97 Information and documents
  • 98 Interim orders
  • 98A Application to Tribunal to withdraw complaint from inquiry or review
  • 99 Dismissal of complaint
  • 99A Section 99A
  • 100 Appeals
  • 101 Proof of exceptions

PART 7 - Miscellaneous

  • 102 Immunity for complainants and witnesses
  • 103 Immunities
  • 103A Commissioner and Tribunal members not required to give evidence in
  • certain cases
  • 104 Obligation of organisations
  • 105 False and misleading statements
  • 106 Offences in respect of proceedings
  • 107 Admissibility in other proceedings
  • 107A Publication of decisions
  • 108 Application of Act
  • 109 Regulations
  • 110 Administration of Act
  • 111 Savings and transitional
  • 112 Sex Discrimination Act 1994 repealed
  • SCHEDULE 1 SCHEDULE 2

    [ Note: This table has been automatically generated and may be incomplete. ]

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