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This is a Bill, not an Act. For current law, see the Acts databases.
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
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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.
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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
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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
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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.".
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Equal Opportunity (Gender Identity and Sexual Orientation) Act
2000
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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