EQUAL OPPORTUNITY (GENDER IDENTITY AND SEXUAL ORIENTATION) BILL 2000
PARLIAMENT OF VICTORIA Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000 Act No. TABLE OF PROVISIONS Clause Page 1. Purpose 1 2. Commencement 2 3. Principal Act 2 4. Definitions 2 5. Discrimination on the basis of gender identity or sexual orientation 3 6. Discrimination in competitive sporting activities 3 7. New section 224 inserted 3 224. Transitional provisions--Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000 3 NOTES 5 i 541076B.I1-14/4/2000 BILL LA CIRCULATION 14/4/2000
PARLIAMENT OF VICTORIA Initiated in Assembly 12 April 2000 A BILL to amend the Equal Opportunity Act 1995 to prohibit discrimination on the basis of gender identity or sexual orientation and for other purposes. Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000 The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Equal Opportunity Act 1995 to prohibit discrimination on the basis of gender identity or sexual 5 orientation. 1 541076B.I1-14/4/2000 BILL LA CIRCULATION 14/4/2000
Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000 s. 2 Act No. 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into 5 operation before 1 January 2001, it comes into operation on that day. 3. Principal Act No. 42/1995. In this Act, the Equal Opportunity Act 1995 is Reprint No. 3 called the Principal Act. as at 1 July 1998. 10 4. Definitions (1) In section 4 of the Principal Act, after the definition of "firm" insert-- ' "gender identity" means-- (a) the identification by a person of one sex 15 as a member of the other sex (whether or not the person is recognised as such)-- (i) by assuming characteristics of the other sex, whether by means of 20 medical intervention, style of dressing or otherwise; or (ii) by living, or seeking to live, as a member of the other sex; or (b) the identification by a person of 25 indeterminate sex as a member of a particular sex (whether or not the person is recognised as such)-- (i) by assuming characteristics of that sex, whether by means of medical 30 intervention, style of dressing or otherwise; or 2 541076B.I1-14/4/2000 BILL LA CIRCULATION 14/4/2000
Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000 s. 5 Act No. (ii) by living, or seeking to live, as a member of that sex;'. (2) In section 4 of the Principal Act, after the definition of "services" insert-- 5 ' "sexual orientation" means homosexuality (including lesbianism), bisexuality or heterosexuality;'. 5. Discrimination on the basis of gender identity or sexual orientation 10 (1) In section 6 of the Principal Act, before paragraph (b) insert-- "(ac) gender identity;". (2) In section 6 of the Principal Act, after paragraph (e) insert-- 15 "(ea) parental status or status as a carer;". (3) In section 6 of the Principal Act, for paragraph (l) substitute-- "(l) sexual orientation;". 6. Discrimination in competitive sporting activities 20 In section 66(1) of the Principal Act, after "sex" insert "or with a gender identity". 7. New section 224 inserted At the end of Part 12 of the Principal Act insert-- "224. Transitional provisions--Equal 25 Opportunity (Gender Identity and Sexual Orientation) Act 2000 (1) Subject to this Act, a complaint may be lodged after the commencement of section 5(3) of the Equal Opportunity (Gender 30 Identity and Sexual Orientation) Act 2000 alleging a contravention of this Act constituted by discrimination on the basis of 3 541076B.I1-14/4/2000 BILL LA CIRCULATION 14/4/2000
Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000 s. 7 Act No. sexual orientation, whether the alleged contravention took place before or after that commencement. (2) A complaint cannot be lodged as provided 5 by sub-section (1) if the alleged contravention-- (a) took place before the commencement of section 5(3) of the Equal Opportunity (Gender Identity and Sexual 10 Orientation) Act 2000; and (b) had been the subject matter of a complaint lodged with the Commission before that commencement. (3) A complaint lodged with the Commission 15 before the commencement of section 5(3) of the Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000 but not finally disposed of immediately before that commencement must continue to be dealt 20 with under this Act as if section 5(3) of that Act had not come into operation.". 4 541076B.I1-14/4/2000 BILL LA CIRCULATION 14/4/2000
Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 5 541076B.I1-14/4/2000 BILL LA CIRCULATION 14/4/2000