Victorian Current Acts

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EQUAL OPPORTUNITY ACT 2010


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

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

   PART 2--WHAT IS 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.     Special measures  
   13.     When is discrimination lawful?  

   PART 3--DUTY TO ELIMINATE DISCRIMINATION, SEXUAL HARASSMENT AND VICTIMISATION

   14.     Purpose of Part  
   15.     Duty to eliminate discrimination, sexual harassment or victimisation  

   PART 4--WHEN IS DISCRIMINATION PROHIBITED?

   16.     Discrimination against job applicants  
   17.     Employer must accommodate responsibilities as parent or carer of person offered employment  
   18.     Discrimination against employees  
   19.     Employer must accommodate employee's responsibilities as parent or carer  
   20.     Employer must make reasonable adjustments for person offered employment or employee with a disability  
   21.     Discrimination against contract workers  
   22.     Principal must accommodate contract worker's responsibilities as parent or carer  
   23.     Exception—adjustments for person or employee with a disability not reasonable  
   24.     Exception—domestic or personal services  
   25.     Exception—care of children  
   26.     Exception—genuine occupational requirements  
   27.     Exception—political employment  
   28.     Exception—welfare services  
   28A.    Exception—youth wages  
   29.     Exception—early retirement schemes  
   30.     Discrimination in establishing firms  
   31.     Discrimination by firms  
   32.     Firm must accommodate responsibilities as parent or carer of person invited to become a partner or of a partner  
   33.     Firm must make reasonable adjustments for person invited to become a partner or partner with a disability  
   34.     Exception—adjustments for person or partner with a disability not reasonable  
   35.     Discrimination by industrial organisations  
   36.     Discrimination by qualifying bodies  
   37.     Exception—reasonable terms of qualification  
   38.     Discrimination by educational authorities  
   39.     Exception—educational institutions for particular groups  
   40.     Educational authority must make reasonable adjustments for person with a disability  
   41.     Exception—not reasonable for educational authority to make adjustments  
   42.     Exception—standards of dress and behaviour  
   43.     Exception—age-based admission schemes and age quotas  
   44.     Discrimination in the provision of goods and services  
   45.     Service provider must make reasonable adjustments for person with a disability  
   46.     Exception—adjustments to provision of service not reasonable  
   47.     Exception—insurance  
   48.     Exception—credit providers  
   49.     Exception—supervision of children  
   50.     Discrimination in the disposal of land  
   51.     Exception—disposal by will or gift  
   52.     Discrimination in offering to provide accommodation  
   53.     Discrimination in providing accommodation  
   54.     Discrimination by refusing to allow assistance dogs  
   55.     Discrimination by refusing to allow alterations  
   56.     Discrimination by refusing to allow alterations—owners corporations  
   57.     Discrimination in access to public premises  
   58.     Exception—access to or use of public premises unreasonable  
   58A.    Exception—accommodation unsuitable for children  
   59.     Exception—shared accommodation  
   60.     Exception—welfare measures  
   61.     Exception—accommodation for students  
   62.     Exception—accommodation for commercial sexual services  
   63.     Application of this Division  
   64.     Discrimination against applicants for membership  
   65.     Discrimination against club members  
   66.     Exception—clubs for minority cultures  
   66A.    Exception—clubs for political purposes  
   67.     Exception—clubs and benefits for particular age groups  
   68.     Exception—single sex clubs  
   69.     Exception—separate access to benefits for men and women  
   70.     Definitions  
   71.     Discrimination in sport  
   72.     Exception—competitive sporting activities  
   73.     Discrimination by councillors  
   74.     Exception—political belief or activity  

   PART 5--GENERAL EXCEPTIONS TO AND EXEMPTIONS FROM THE PROHIBITION OF DISCRIMINATION

   75.     Things done with statutory authority  
   76.     Things done to comply with orders of courts and tribunals  
   77.     Pensions  
   78.     Superannuation—existing fund conditions before 1 January 1996  
   79.     Superannuation—new fund conditions after 1 January 1996  
   80.     Charities  
   81.     Definition of religious body  
   82.     Religious bodies  
   83.     Religious schools  
   84.     Religious beliefs or principles  
   85.     Legal incapacity and age of majority  
   86.     Protection of health, safety and property  
   87.     Age benefits and concessions  
   88.     Special needs  
   89.     Exemptions by the Tribunal  
   90.     Factors to be considered by Tribunal  
   91.     Applicant to give notice to Commission  

   PART 6--PROHIBITION OF SEXUAL HARASSMENT

   92.     What is sexual harassment?  
   93.     Harassment by employers and employees  
   94.     Harassment in common workplaces  
   95.     Harassment by partners  
   96.     Harassment in industrial organisations  
   97.     Harassment by members of qualifying bodies  
   98.     Harassment in educational institutions  
   99.     Harassment in the provision of goods and services  
   100.    Harassment in the provision of accommodation  
   101.    Harassment in clubs  
   102.    Harassment in local government  

   PART 7--PROHIBITION OF OTHER CONDUCT AND VICARIOUS LIABILITY FOR DISCRIMINATION

   103.    Prohibition of victimisation  
   104.    What is victimisation?  
   105.    Prohibition of authorising or assisting discrimination  
   106.    Liability of person who authorises or assists  
   107.    Prohibition on requesting discriminatory information  
   108.    Exception—information required for purposes not involving prohibited discrimination  
   109.    Vicarious liability of employers and principals  
   110.    Exception to vicarious liability  

   PART 8--DISPUTES

   111.    Functions of the Commission  
   112.    Principles of dispute resolution offered by the Commission  
   113.    Who may bring a dispute to the Commission?  
   114.    Representative body may bring a dispute to the Commission  
   115.    Beginning and end of dispute resolution  
   116.    Discretion to decline to provide or continue dispute resolution  
   117.    Admissibility of information gathered during dispute resolution  
   118.    Withdrawal from dispute resolution  
   119.    Settlement agreements  
   120.    Registration of settlement agreements  
   121.    Tribunal may make interim orders to prevent prejudice to dispute resolution  
   122.    Application may be made to Tribunal in respect of dispute  
   123.    Who can apply?  
   124.    Representative body may apply to Tribunal  
   125.    What may the Tribunal decide?  
   126.    Commission may apply to enforce order of Tribunal  

   PART 9--INVESTIGATIONS

   127.    When investigation may be conducted  
   128.    Matters referred by Tribunal for investigation  
   129.    Commission to conduct investigation as it thinks fit  
   130.    Commission may ask for information  
   131.    Tribunal order compelling production of information or documents  
   132.    Creation of documents  
   133.    Documents produced to the Commission  
   134.    Power to compel attendance  
   135.    Disclosure of identity of persons who give information or documents  
   136.    Publication of evidence, information or documents  
   137.    Tribunal may make interim orders to prevent prejudice to investigation  
   138.    Investigation when other proceedings commenced  
   139.    Outcome of an investigation  
   140.    Registration of agreements  
   141.    Inquiries by the Tribunal  
   142.    Report of an investigation  
   143.    Content of reports  
   144.    Report on investigation not prohibited disclosure  

   PART 10--PRACTICE GUIDELINES, REVIEWS AND ACTION PLANS

   148.    Commission may issue practice guidelines  
   149.    Effect of practice guidelines  
   150.    Publication of practice guidelines or withdrawal of practice guidelines  
   151.    Commission may conduct review of compliance  
   152.    Action plans  
   153.    Register of action plans  

   PART 11--VICTORIAN EQUAL OPPORTUNITY AND HUMAN RIGHTS COMMISSION

   154.    Continuation of Commission  
   155.    Functions and powers of Commission  
   156.    Commission's educative functions  
   157.    Commission's research functions  
   158.    Commission may report on educative or research functions  
   159.    Commission may intervene in proceedings  
   160.    Commission may assist in proceedings as amicus curiae  
   161.    Constitution of the Board  
   162.    Functions of the Board  
   163.    Terms of appointment of members  
   164.    Resignation and removal  
   165.    Chairperson  
   166.    Acting appointments  
   167.    Payment of members  
   168.    Procedure of Board  
   169.    Effect of vacancy or defect  
   170.    Appointment and role of Commissioner  
   171.    Payment of Commissioner  
   172.    Acting Commissioner  
   174.    Staff of Commission  
   175.    Delegation  
   176.    Secrecy  
   176A.   Exceptions—court-ordered disclosure in criminal proceedings or disclosure with consent  
   177.    Disclosure of information relating to disputes, complaints and investigations  
   178.    Protection from liability  
   179.    Annual reports  

   PART 12--OFFENCES

   180.    Who may bring proceedings for an offence?  
   181.    Offences are to be dealt with summarily  
   182.    Offence of discriminatory advertising  
   183.    Defence  
   184.    Proceedings for the offence of discriminatory advertising  
   185.    Obstructing Commission  
   186.    False or misleading information  

   PART 13--GENERAL

   187.    Proceedings against unincorporated associations  
   188.    Contravention does not create civil or criminal liability  
   188A.   Protection against self-incrimination  
   189.    Protection of people giving evidence and information  
   190.    Regulations  

   PART 14--REPEAL OF EQUAL OPPORTUNITY ACT 1995 AND TRANSITIONAL PROVISIONS

   191.    Repeal of Equal Opportunity Act 1995  
   192.    Definitions  
   193.    Complaints lodged before commencement day  
   194.    Alleged contraventions that occurred prior to commencement day  
   195.    Exemptions under the old Act by the Tribunal  
   195A.   Continuation of the Board of the Commission  
   195B.   Interim chairperson  
   195C.   Commissioner  
   196.    Tribunal may make orders of a transitional nature  
           ENDNOTES


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