Victorian Consolidated Legislation

EQUAL OPPORTUNITY ACT 1995

No. 42 of 1995
Version incorporating amendments as at 31 March 2008

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purposes
   2.      Commencement
   3.      Objectives
   4.      Definitions
   5.      Act binds the Crown

   PART 2-WHAT IS PROHIBITED DISCRIMINATION?

   6.      Attributes
   7.      Meaning of discrimination
   8.      Direct discrimination
   9.      Indirect discrimination
   10.     Motive is irrelevant to discrimination
   11.     Discrimination by acting with others and by not acting
   12.     Exceptions and exemptions

   PART 3-WHEN IS DISCRIMINATION PROHIBITED?

           Division 1-Discrimination in employment

   13.     Discrimination against job applicants
   14.     Discrimination against employees
   15.     Discrimination against contract workers
   16.     Exception-domestic or personal services
   17.     Exception-genuine occupational requirements
   18.     Exception-political employment
   19.     Exception-welfare services
   20.     Exception-family employment
   21.     Exception-small business
   22.     Exception-special services or facilities
   23.     Exception-reasonable terms of employment
   24.     Exception-standards of dress and behaviour
   25.     Exception-care of children
   26.     Exception-compulsory retirement of judicial officers
   27.     Exception-youth wages
   27A.    Exception-early retirement schemes
   27B.    Exception-gender identity
   28.     Exemption-single sex accommodation
   29.     Repealed

           Division 2-Discrimination in employment-related areas

   30.     Discrimination in establishing firms
   31.     Discrimination by firms
   32.     Exception-special services or facilities
   33.     Exception-reasonable terms of partnership
   34.     Discrimination by industrial organisations
   35.     Discrimination by qualifying bodies
   36.     Exception-reasonable terms of qualification

           Division 3-Discrimination in education

   37.     Discrimination by educational authorities
   38.     Exception-educational institutions for particular groups
   39.     Exception-special services or facilities
   40.     Exception-standards of dress and behaviour
   41.     Exception-age-based admission schemes and age quotas

           Division 4-Discrimination in the provision of goods and services and disposal of land

   42.     Discrimination in the provision of goods and services
   43.     Exception-insurance
   44.     Exception-credit providers
   45.     Exception-supervision of children
   46.     Exception-special manner of providing a service
   47.     Discrimination in the disposal of land
   48.     Exception-disposal by will or gift

           Division 5-Discrimination in accommodation

   49.     Discrimination in offering to provide accommodation
   50.     Discrimination in providing accommodation
   51.     Discrimination by refusing to allow alterations
   52.     Discrimination by refusing to allow guide dogs
   53.     Exception-accommodation unsuitable for children
   54.     Exception-shared accommodation
   55.     Exception-welfare measures
   56.     Exception-accommodation for students
   57.     Exception-accommodation for commercial sexual services
   58.     Application of this Division

           Division 6-Discrimination by clubs and club members

   59.     Discrimination against applicants for membership
   60.     Discrimination against club members
   61.     Exception-clubs for disadvantaged people or minority
           cultures
   62.     Exception-clubs and benefits for particular age groups
   63.     Exception-separate access to benefits for men and women

           Division 7-Discrimination in sport

   64.     Definitions
   65.     Discrimination in sport
   66.     Exception-competitive sporting activities

           Division 8-Discrimination in local government

   67.     Discrimination by councillors
   68.     Exception-political belief or activity

   PART 4-GENERAL EXCEPTIONS TO AND EXEMPTIONS FROM THE PROHIBITION OF DISCRIMINATION

   69.     Things done with statutory authority
   70.     Things done to comply with orders of courts and tribunals
   71.     Pensions
   72.     Superannuation-existing fund conditions
   73.     Superannuation-new fund conditions
   74.     Charities
   75.     Religious bodies
   76.     Religious schools
   77.     Religious beliefs or principles
   78.     Private clubs
   79.     Legal incapacity and age of majority
   80.     Protection of health, safety and property
   81.     Age benefits and concessions
   82.     Welfare measures and special needs
   83.     Exemptions by the Tribunal
   84.     Exemptions to allow compulsory retirement in the public
           sector

   PART 5-PROHIBITION OF SEXUAL HARASSMENT

   85.     What is sexual harassment?
   86.     Harassment by employers and employees
   87.     Harassment in common workplaces
   88.     Harassment by partners
   89.     Harassment in industrial organisations
   90.     Harassment by members of qualifying bodies
   91.     Harassment in educational institutions
   92.     Harassment in the provision of goods and services
   93.     Harassment in the provision of accommodation
   94.     Harassment in clubs
   95.     Harassment in local government

   PART 6-PROHIBITION OF OTHER CONDUCT AND VICARIOUS LIABILITY FOR DISCRIMINATION

           Division 1-Victimisation

   96.     Prohibition of victimisation
   97.     What is victimisation?

           Division 2-Authorising or assisting discrimination

   98.     Prohibition of authorising or assisting discrimination
   99.     Liability of person who authorises or assists

           Division 3-Discriminatory requests for information

   100.    Prohibition on requesting discriminatory information
   101.    Exception-information required for non-discriminatory purposes

           Division 4-Vicarious liability

   102.    Vicarious liability of employers and principals
   103.    Exception to vicarious liability

   PART 7-COMPLAINTS AND THEIR RESOLUTION

           Division 1-Making a complaint

   104.    Who may complain?
   105.    How to complain
   106.    Commission must assist complainants

           Division 2-Procedure after a complaint is made

   107.    Commission must notify respondent
   108.    Commission may decline to entertain some complaints
   109.    Respondent may apply to Tribunal to strike out complaint or any part of complaint
   110.    Commission may dismiss a stale complaint
   111.    Minister may refer a complaint direct to Tribunal
   112.    Commission to refer complaints for conciliation
   113.    What happens if conciliation is inappropriate?

           Division 3-Conciliation of complaints

   114.    Conciliation by the Chief Conciliator
   115.    Conciliation agreements
   116.    Evidence of conciliation is inadmissible
   117.    What happens if conciliation fails or is inappropriate?
   118.    Complaints about the conduct of conciliation

           Division 4-Expedited complaints

   119.    Application to have a complaint expedited
   120.    Grounds for expediting a complaint
   121.    Review of Commission's determination
   122.    Time limits for conciliation of expedited complaints
   123.    Time limit for referring expedited complaints to Tribunal
   124.    Party may apply for referral to Tribunal without conciliation

           Division 5-Special complaints

   125.    What is a special complaint?
   126.    Factors to be considered by Tribunal in proceedings involving special complaints
           127-130 Repealed

           Division 6-Interim orders

   131.    Tribunal may make interim orders before hearing
           132, 133 Repealed

           Division 7-Jurisdiction of the Tribunal

   134.    When may the Tribunal hear a complaint?
   134A.   Who are the parties to a proceeding?
   135.    Time limits for expedited complaints
   136.    What may the Tribunal decide?
           137-140 Repealed

           Divisions 8-10-Repealed

           141-155 Repealed

   PART 8-INVESTIGATIONS BY THE COMMISSION AND TRIBUNAL

   156.    How may an investigation be initiated?
   157.    What matters may be investigated?
   158.    How is an investigation conducted?
   159.    Inquiries and orders by the Tribunal

   PART 9-ADMINISTRATION

           Division 1-The Commission

   160.    Continuation of Commission
   161.    Functions and powers of Commission
   162.    Commission's educative and research functions
   163.    Membership of Commission
   164.    Terms of office
   165.    Resignation and removal
   166.    Filling casual vacancies
   167.    Chairperson
   168.    Acting members
   169.    Payment of members
   170.    Procedure of Commission
   171.    Effect of vacancy or defect
   172.    Delegation by Commission
   172A.   Staff of Commission

           Division 2-Chief Conciliator

   173.    Appointment of Chief Conciliator
   174.    Term of office
   175.    Resignation and removal
   176.    Acting Chief Conciliator
   177.    Payment of Chief Conciliator
   178.    Functions, powers and duties of Chief Conciliator
   179.    Delegation by Chief Conciliator

           Division 3-Repealed

           180-190 Repealed

           Division 4-General provisions

   191.    Repealed
   192.    Secrecy
   193.    Protection from liability
   194.    Annual reports

   PART 10-OFFENCES

           Division 1-Discriminatory advertising

   195.    Offence of discriminatory advertising
   196.    Defence
   197.    Proceedings for the offence of discriminatory advertising

           Division 2-Other offences

           198-200 Repealed
   201.    Compliance with notice requiring attendance or production of documents
   202.    Obstruction of Commission
   203.    False or misleading information
   204.    Protection against self-incrimination
   205.    Offences are to be dealt with summarily
   206.    Who may bring proceedings for offences?

   PART 11-GENERAL

   207.    Review of Victorian legislation
   208.    Proceedings against unincorporated associations
   209.    Contravention does not create civil or criminal liability
   210.    Protection of people giving evidence and information
   211.    Supreme Court-limitation of jurisdiction
   212.    Regulations

   PART 12-REPEALS, AMENDMENTS AND TRANSITIONAL PROVISIONS

   213.    Definitions
   214.    Repealed
   215.    Commission members to continue in office
   216.    Repealed
   217.    Dealing with complaints already lodged
   218.    Dealing with new complaints
   219.    Current investigations and inquiries
   220.    Repealed
   221.    Temporary exemptions continue
   222.    References to the Board
   222A.   Transitional
   223.    Transitional provisions-Equal Opportunity (Breastfeeding) Act 2000.
   224.    Transitional provisions-Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000.
   225.    Transitional provision-Equal Opportunity and Tolerance Legislation (Amendment) Act 2006.
   226.    Transitional provision-Justice Legislation (Further Amendment) Act 2006.

   PART 13-Repealed
   __________________
           1, 2-Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details