EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010)
Table of Provisions
PART 1--PRELIMINARY
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
PART 4--WHEN IS DISCRIMINATION PROHIBITED?
Division 1--Discrimination in employment
- 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 an impairment
- 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 an impairment 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
- 29 Exception—early retirement schemes
Division 2--Discrimination in employment-related areas
- 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 an impairment
- 34 Exception—adjustments for person or partner with an impairment not reasonable
- 35 Discrimination by industrial organisations
- 36 Discrimination by qualifying bodies
- 37 Exception—reasonable terms of qualification
Division 3--Discrimination in education
- 38 Discrimination by educational authorities
- 39 Exception—educational institutions for particular groups
- 40 Educational authority must make reasonable adjustments for person with an impairment
- 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
Division 4--Discrimination in the provision of goods and services and disposal of land
- 44 Discrimination in the provision of goods and services
- 45 Service provider must make reasonable adjustments for person with an impairment
- 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
Division 5--Discrimination in accommodation
- 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
- 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
Division 6--Discrimination by clubs and club members
- 64 Discrimination against applicants for membership
- 65 Discrimination against club members
- 66 Exception—clubs for minority cultures
- 67 Exception—clubs and benefits for particular age groups
- 68 Exception—single sex clubs
- 69 Exception—separate access to benefits for men and women
Division 7--Discrimination in sport
Division 8--Discrimination in local government
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
Division 1--Victimisation
Division 2--Authorising or assisting discrimination
- 105 Prohibition of authorising or assisting discrimination
- 106 Liability of person who authorises or assists
Division 3--Discriminatory requests for information
- 107 Prohibition on requesting discriminatory information
- 108 Exception—information required for purposes not involving prohibited discrimination
Division 4--Vicarious liability
- 109 Vicarious liability of employers and principals
- 110 Exception to vicarious liability
PART 8--DISPUTES
Division 1--Dispute resolution by the Commissioner
- 111 Functions of the Commissioner
- 112 Principles of dispute resolution offered by the Commissioner
- 113 Who may bring a dispute to the Commissioner?
- 114 Representative body may bring a dispute to the Commissioner
- 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
Division 2--Applications to the Tribunal
- 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 AND PUBLIC INQUIRIES
Division 1--Commission may conduct investigation or public inquiry
- 127 When investigation may be conducted
- 128 When public inquiry may be conducted
- 129 Matters referred by Tribunal for investigation or public inquiry
Division 2--Conduct of investigations and public inquiries
- 130 Commission to conduct investigation or public inquiry as it thinks fit
- 131 Hearing for public inquiry to be held in public
- 132 Power to compel production of information or documents
- 133 Power to compel attendance
- 134 Compliance with notice requiring attendance or production of documents
- 135 Protection against self-incrimination
- 136 Disclosure of identity of persons who give information or documents
- 137 Publication of evidence, information or documents
- 138 Tribunal may make interim orders to prevent prejudice to investigation or public inquiry
Division 3--Outcomes of investigations and public inquiries
- 139 Outcome of an investigation
- 140 Outcome of a public inquiry
- 141 Content of reports
- 142 Report on public inquiry not prohibited disclosure
Division 4--Enforceable undertakings and compliance notices
- 143 Definition
- 144 Enforceable undertakings
- 145 Register of enforceable undertakings
- 146 Compliance notices
- 147 Failure to comply with enforceable undertaking or compliance notice
PART 10--PRACTICE GUIDELINES, REVIEWS AND ACTION PLANS
Division 1--Practice guidelines
- 148 Commission may issue practice guidelines
- 149 Effect of practice guidelines
- 150 Publication of practice guidelines or withdrawal of practice guidelines
Division 2--Reviews
- 151 Commission may conduct review of compliance
Division 3--Action plans
PART 11--VICTORIAN EQUAL OPPORTUNITY AND HUMAN RIGHTS COMMISSION
Division 1--The 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
Division 2--The Board
- 161 Constitution of Board
- 162 Functions of the Board
- 163 Terms of appointment of appointed members
- 164 Resignation and removal
- 165 Acting appointments
- 166 Payment of members
- 167 Procedure of Board
- 168 Effect of vacancy or defect
Division 3--The Commissioner
- 169 Appointment and role of Commissioner
- 170 Terms of appointment
- 171 Resignation and removal
- 172 Acting Commissioner
- 173 Payment of Commissioner
Division 4--General provisions
- 174 Staff of Commission
- 175 Delegation
- 176 Secrecy
- 177 Disclosure of information relating to disputes, complaints and investigations
- 178 Protection from liability
- 179 Annual reports
PART 12--OFFENCES
Division 1--Proceedings for offences
Division 2--Discriminatory advertising
- 182 Offence of discriminatory advertising
- 183 Defence
- 184 Proceedings for the offence of discriminatory advertising
Division 3--Other offences
PART 13--GENERAL
- 187 Proceedings against unincorporated associations
- 188 Contravention does not create civil or criminal liability
- 189 Protection of people giving evidence and information
- 190 Regulations
PART 14--REPEAL OF EQUAL OPPORTUNITY ACT 1995 AND TRANSITIONAL PROVISIONS
Division 1--Repeal of Equal Opportunity Act 1995
- 191 Repeal of Equal Opportunity Act 1995
Division 2--Transitional Provisions
- 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
- 196 Tribunal may make orders of a transitional nature
PART 15--CONSEQUENTIAL AMENDMENTS TO THE RACIAL AND RELIGIOUS TOLERANCE ACT 2001 AND OTHER ACTS
Division 1--Amendments to the Racial and Religious Tolerance Act 2001
- 197 Purposes
- 198 Definitions
- 199 Objects of Act
- 200 What is victimisation?
- 201 Liability of person who authorises or assists
- 202 Vicarious liability of employers and principals
- 203 Part 3 substituted
- 204 Part 5 substituted
Division 2--Consequential amendments to the Victorian Civil and Administrative Tribunal Act 1998
- 205 Definitions
- 206 New section 164 inserted
- 207 Part 7 of Schedule 1 substituted
- 208 New Part 16C of Schedule 1 inserted
Division 3--Consequential amendments to other Acts
- 209 Consequential amendments to other Acts
Division 4--Repeal of Part and Schedule
- 210 Repeal of Part and the Schedule
PART 16--AMENDMENT OF EQUAL OPPORTUNITY ACT 1995 AND STATUTE LAW REVISION
Division 1--Amendment of Equal Opportunity Act 1995
- 211 Appointment and role of Commissioner
Division 2--Statute Law Revision
- 212 Statute Law Revision—Equal Opportunity Act 1995
- 213 Statute Law Revision—Racial and Religious Tolerance Act 2001
Division 3--Repeal of Part 16
- 214 Repeal of Part 16
PART 17--AMENDMENTS TO THE EQUAL OPPORTUNITY ACT 2010
- 215 Section 179 amended
- 216 Repeal of Part