Tasmanian Consolidated Acts

ANTI-DISCRIMINATION ACT 1998 - SECT 3

In this Act –

"accommodation" includes residential and business accommodation;

"adult" means a person who has attained the age of 18 years;

"authorised person" means a person authorised by the Commissioner;

"award" means an award made under the Industrial Relations Act 1984;

"child" includes a natural child, adopted child, stepchild, foster child or an ex-nuptial child;

"club" means an incorporated or unincorporated association of at least 30 persons associated together for a lawful purpose that –

(a) provides and maintains its facilities, wholly or partly, from the funds of the association; and

(b) sells or supplies liquor for consumption on its premises;

"commission" means a body authorised by any Act to conduct inquiries;

"Commissioner" means the Anti-Discrimination Commissioner appointed under section 5;

"competitive sporting activity" means any sporting activity that has a competitive element excluding –

(a) coaching or umpiring; or

(b) administration of any sporting activity;

"complaint" means a complaint made in relation to discrimination or prohibited conduct;

"conduct of a sexual nature" includes –

(a) making an oral or written statement of a sexual nature to a person or in the presence of a person; and

(b) displaying matter of a sexual nature that relates to a prescribed attribute;

"detriment" includes humiliation or denigration;

"disability" means any of the following that presently exists, previously existed but no longer exists, may exist in the future, whether or not arising from an illness, disease or injury or from a condition subsisting at birth:

(a) a total or partial loss of the person's bodily or mental functions;

(b) total or partial loss of a part of the body;

(c) the presence in the body of organisms causing or capable of causing disease or illness;

(d) the malfunction, malformation or disfigurement of a part of a person's body;

(e) disorder, malformation, malfunction or disfigurement that results in the person learning differently from a person without the disorder, malformation, malfunction or disfigurement;

(f) a disorder, illness or disease that affects a person's thought processes, perceptions of reality, emotions or judgment or that results in disturbed behaviour;

(g) reliance on a guide-dog, wheelchair or other remedial or therapeutic device;

"discrimination" means conduct referred to in sections 14 and 15;

"educational institution" means a school, college or university;

"employment" includes –

(a) employment or occupation in any capacity, with or without remuneration; and

(b) membership of partnerships; and

(c) registration or recognition by, or membership of, professional and trade organisations; and

(d) registration or recognition by qualifying bodies; and

(e) engagement of commission agents; and

(f) registration or placement by employment agencies; and

(g) engagement under a contract for services; and

(h) employment by any person; and

(i) registration or enrolment by vocational training bodies;

"enterprise agreement" means an enterprise agreement made under the Industrial Relations Act 1984;

"Enterprise Commissioner" means the person appointed as such under the Industrial Relations Act 1984;

"family responsibilities" means responsibilities to care for or support –

(a) a child who is wholly or substantially dependent; or

(b) any other immediate family member who is in need of that care or support;

(c) .  .  .  .  .  .  .  .  

"immediate family member", in relation to a person, includes –

(a) a spouse or partner of the person; and

(b) an adult offspring, a child, parent, grandparent, grandchild or sibling of the person or of a spouse or partner of the person;

"industrial activity" means –

(a) being or not being a member of, or proposing or refusing to join, an industrial organisation; or

(b) participating in, not participating in, or proposing or refusing to participate in, a lawful activity organised or promoted by an industrial organisation;

"industrial agreement" means an industrial agreement made under the Industrial Relations Act 1984;

"Industrial Commission" means the Tasmanian Industrial Commission constituted under the Industrial Relations Act 1984;

"industrial organisation" means –

(a) an organisation of employees; or

(b) a trade union; or

(c) an organisation of employers; or

(d) any other organisation established for the purposes of persons who carry on a particular industry, trade, profession or employment;

"inquiry" means an inquiry held under Division 4 of Part 6;

"irrelevant criminal record", in relation to a person, means a record relating to arrest, interrogation or criminal proceedings where –

(a) further action was not taken in relation to the arrest, interrogation or charge of the person; or

(b) a charge has not been laid; or

(c) the charge was dismissed; or

(d) the prosecution was withdrawn; or

(e) the person was discharged, whether or not on conviction; or

(f) the person was found not guilty; or

(g) the person's conviction was quashed or set aside; or

(h) the person was granted a pardon; or

(i) the circumstances relating to the offence for which the person was convicted are not directly relevant to the situation in which the discrimination arises;

"judge" includes a judge of a court in any jurisdiction;

"marital status" means the status of being –

(a) single; or

(b) married; or

(c) married but living separately and apart from one's spouse; or

(d) married to a particular person; or

(e) divorced; or

(f) widowed;

"organisation" includes a council, a Government department within the meaning of the State Service Act 2000 or a State authority;

"parent" includes a step-parent, adoptive parent and foster parent;

"parental status" means the status of being a parent or childless;

"partner" means a partner within the meaning of the Relationships Act 2003;

"person" includes an organisation;

"political activity" means engaging in, not engaging in, or refusing to engage in, political activity;

"political belief or affiliation" means holding or not holding a political belief or view;

"pregnancy" includes child-bearing capacity;

"prescribed attribute" means an attribute specified in section 16;

"priest" includes –

(a) a minister of any religion; and

(b) a member of a religious order; and

(c) any person whose office it is to perform religious rites;

"prohibited conduct" means any conduct referred to in Division 2 of Part 4;

"public act" includes –

(a) any form of communication to the public; or

(b) any conduct observable by the public; or

(c) the distribution or dissemination of any matter to the public;

"publish" includes to authorise publication;

"race" includes –

(a) colour; and

(b) nationality; and

(c) descent; and

(d) ethnic, ethno-religious or national origin; and

(e) status of being, or having been, an immigrant;

"relationship status" means the status of being or having been in a personal relationship, within the meaning of the Relationships Act 2003;

"religious activity" means engaging in, not engaging in, or refusing to engage in, religious activity;

"religious belief or affiliation" means holding or not holding a religious belief or view;

"representative complaint" means a complaint referred to in section 82;

"residential accommodation" includes accommodation in a house, flat, hotel, motel, boarding house or caravan;

"respondent" means a person against whom a complaint is made;

"services" includes services –

(a) relating to access to, and the use of, any place that members of the public are permitted to enter; or

(b) relating to banking, insurance, superannuation or the provision of grants, loans, credit or finance; or

(c) relating to entertainment, refreshment or recreation; or

(d) relating to transportation and travel; or

(e) relating to any profession, trade or business; or

(f) provided by a State authority or a council; or

(g) relating to selling, buying, leasing, assigning or disposing of an interest in land;

"sexual activity" includes not engaging in, or refusing to engage in, sexual activity;

"sexual harassment" means conduct referred to in section 17(3);

"sexual orientation" means –

(a) heterosexuality; or

(b) homosexuality; or

(c) bisexuality; or

(d) transsexuality;

"special need" includes a need based on health or financial status;

"spouse" includes a former spouse;

"State authority" means any body or authority, whether incorporated or not, that is established or constituted under a written law or under the Royal prerogative, which is a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another State authority;

"State program" means a program conducted by or on behalf of the State;

"trade union" means –

(a) an organisation of employees that is a registered organisation; or

(b) a trade union within the meaning of –

(i) the Industrial Relations Act 1984; or

(ii) the Workplace Relations Act 1996 of the Commonwealth; or

(c) any other similar body;

"transsexual" means a person of one sex who –

(a) assumes the bodily characteristics of the other sex by medical or other means; or

(b) identifies himself or herself as a member of the other sex; or

(c) lives or seeks to live as a member of the other sex;

"transsexuality" means the condition of being a transsexual;

"Tribunal" means the Tribunal constituted under section 12.