ANTI-DISCRIMINATION ACT 1998
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. ]