Subject

Section

Accommodation

    allowable alterations

55, 56

    application of Division 5 Part 4

63

    definition

4

    discrimination

52–56

    exceptions to prohibitions on discrimination

59–62

    sexual harassment

100

    shared accommodation

59

    student accommodation

61

Access

57, 58

Act

    amendment to Equal Opportunity Act 2010

215

    amendments to Equal Opportunity Act 1995

211, 212

    amendments to other Acts

197–209, 213, Sch. 1

    commencement

2

    Crown bound by

5

    objectives

3

    purposes

1

    regulations

190

    repeal of Equal Opportunity Act 1995

191

    repeal of Parts 15–17, Sch. 1

210, 214, 216

    transitional provisions

192–196

Action plans

152, 153

Advertising

182–184

Age

    age of majority

85

    exceptions and exemptions to discrimination

26, 29, 43, 44, 67, 72, 79, 87, 88

    prohibition of discrimination on grounds of

6

Assistance dogs

4, 7, 54

Associations

    proceedings against unincorporated associations

187

Attributes

    as basis for prohibited discrimination

6

Behaviour See Standards of dress and behaviour

Board See Victorian Equal Opportunity and Human Rights Commission

Breast feeding

4, 6

Carers

4, 6, 17, 19, 22, 32

Charities

80

Children

    care of as form of employment

25

    definition

4

    provision of goods and services to

49

Subject

Section

Clubs and club members

    definition

4

    discrimination

64, 65

    exceptions to prohibitions on discrimination

66–69

    sexual harassment

101

Commission See Victorian Equal Opportunity and Human Rights Commission

Commissioner

    acting Commissioner

172

    appointment and role

169

    definition

4

    delegation

175

    functions regarding dispute resolution

111, 112

    payment

173

    protection from liability

178

    resignation and removal

171

    secrecy provisions

176, 177

    terms of appointment

170

Complaints

177, 192, 193

See also Disputes

Contract workers

4, 21, 22

Credit providers

48

Definitions

4, 7, 47, 48, 56, 57, 59, 70, 78, 80, 81, 92, 94, 97, 104, 108, 143, 150, 176, 177, 185, 192

Detriment (def.)

4

Disability See Impairment

Discrimination

    acting with others or alone or not acting

11

    against contract workers

21, 22

    against employees

18, 19

    against job applicants

16, 17

    assistance in and authorisation of

105

    attributes prohibited discrimination is based on

6

    by industrial organisations

35

    by qualifying bodies

36, 37

    by religious organisations and institutions

81–84

    Commission's educative and research functions

156–158

    definition

7

    direct discrimination

8

    duty to eliminate

15

    in access, use of public premises

57, 58

    in accommodation

52–56

    in advertisements

182–184

    in clubs

64, 65

    in disposal of land

50

    in education

38, 40

    in employment

16–29

    in employment-related areas

30–37

    in firms

30–33

    in local government

73, 74

Subject

Section

    in provision of goods and services

44, 45

    in sport

70, 71

    indirect discrimination

9

    irrelevance of motive

10

    lawful discrimination

13

    purpose of Part 3

14

    request for discriminatory information

107

    special measures

12

    vicarious liability

109, 110

See also Disputes; Exceptions to prohibited discrimination; Exemptions from prohibited discrimination

Disposal of land

50, 51

Disputes

    against unincorporated associations

187

    definition

4

    dispute resolution (def.)

4

    parties (def.)

4

    resolution by Commissioner

admissibility of information gathered during

117

beginning, end of dispute

115

discretion to decline to provide, continue

116

functions

111

principles of dispute resolution

112

settlement agreements

119, 120

who may bring dispute

113, 114

withdrawal from

118

    resolution by Tribunal

applications

122–124

enforcement of orders

126

interim orders

121

orders

125

representative bodies

124

settlement agreements

120

Domestic partners (def.)

4

Domestic services

24

Dress See Standards of dress and behaviour

Education

    definitions of educational authorities, institutions

4

    discrimination

38, 40

    exceptions to prohibitions on discrimination

39, 41–43

    sexual harassment

98

Employment

    definition

4

    discrimination against contract workers

21, 22

    discrimination against employees

18–20

    discrimination against job applicants

16, 17, 20

    exceptions to prohibited discrimination

23–29

    genuine occupational requirements

26

    sexual harassment

93–96

    vicarious liability of employers

109, 110

Subject

Section

Ethnic groups See Minority cultures

Evidence

117, 137, 189

Exceptions to prohibited discrimination

    in relation to

access, use of public premises

58

accommodation

59–62

age

85, 87

charities

80

children

49

clubs

66–69

compliance with orders of courts and tribunals

76

compliance with provisions of an Act

75

credit providers

48

disposal of land by will or gift

51

early retirement schemes

29

education

39, 41–43

employment

23–29

firms

34

gender identity

72, 82–84

goods and services

46–49

insurance

47

legal incapacity

85

pensions

77

political beliefs

74

pregnancy

86, 88

protection of health, safety and property

86

qualifying bodies

37

religious beliefs and organisations

81–84

requests for information

108

special services, benefits, facilities

88

sport

72

standards of dress and behaviour

42

superannuation

78, 79

Exemptions from prohibited discrimination

    power of Tribunal to grant

89–91

Fair Work Australia

4

Firms

    definition

4

    discrimination

30–33

    exception to prohibited discrimination

34

    sexual harassment

95

Gender identity

    definition

4

    exceptions to prohibited discrimination

72, 82–84

    prohibition of discrimination on grounds of

6

Goods and services

    definition of services

4

    discrimination in provision of

44, 45

    exceptions to prohibited discrimination

46–49

    sexual harassment in provision of

99

Guide dogs See Assistance dogs

Subject

Section

Health and safety

    protection of

86

Holiday tours

88

Impairment

    definition

4

    exceptions to prohibited discrimination

23, 34, 37, 39, 41, 46, 58, 61, 72, 79, 85, 86

    prohibition of discrimination on grounds of

6, 54, 55, 56, 57

    reasonable adjustments to be made for persons with

20, 33, 40, 45

Industrial activities

4, 6

Industrial associations

4

Industrial organisations

    definition

4

    discrimination

35

    sexual harassment

96

Information

    discriminatory requests for

107, 108

Inquiries See Public inquiries and investigations

Insurance

47

Investigations See Public inquiries and investigations

Job applicants

    discrimination against

16, 17

    sexual harassment of

93

Legal incapacity

85

Liability

    for contravention of Act

188

    of person authorising or assisting discrimination

106

    protection from

63, 178, 189

    vicarious liability of employers and principals

109, 110

Local government

    discrimination

73, 74

    sexual harassment by councillors

102

Marital status

4, 6, 79, 82–84

Minority cultures

66

Offences

    against Commission

185

    compliance notices

134

    discriminatory advertising

182–184

    false, misleading information

186

    power to bring proceedings for

180

    summary offences

181

Owners corporations

4, 56

Parental status

4, 6, 17, 19, 22, 32, 82–84

Partners See Firms

Pensions

77

Personal services

24

Physical features

4, 6, 26, 86

Political beliefs or activities

4, 6, 27, 74

Practice guidelines

4, 148–150

Pregnancy

6, 86, 88

Subject

Section

Proceedings

    against unincorporated associations

187

    protection of people giving evidence, information

189

Property

    protection of

86

Public inquiries and investigations

    attendance compellable

133, 134

    compliance notices

146, 147

    conduct

127, 128

    disclosure of identity

136

    enforceable undertakings

144, 145, 147

    interim orders

138

    outcomes

139

    procedure

130

    production of information, documents to

132–136

    public hearings

131

    publication of evidence, information, documents

137

    referral of matters to Tribunal

129

    reports

140–142

    unlawful acts (def.)

143

See also Victorian Civil and Administrative Tribunal

Public premises

57, 58

Qualifying bodies

    definitions

4, 97

    discrimination

36, 37

    sexual harassment

97

Race and racial discrimination

4, 6, 26, 39, 60, 61

Regulations

190

Relatives

4, 6, 59

Religion

4, 6, 39, 60, 61, 81–84

Retirement

    early retirement schemes

29

Review

151

Secrecy

176

Self-incrimination

    protection against

135

Services

See Domestic services; Goods and services;

        Personal services; Sexual services;

        Welfare services and measures

Sex discrimination

6, 26, 39, 60, 61, 68, 69, 79, 82–84

Sexual activities

4, 6

Sexual harassment

    by members of qualifying bodies

97

    conduct of a sexual nature (def.)

92

    definition

92

    duty to eliminate

15

    in accommodation

100

    in clubs

101

    in educational institutions

98

Subject

Section

    in employment

93, 94

    in firms

95

    in industrial organisations

96

    in local government

102

    in provision of goods and services

99

See also Disputes

Sexual orientation

4, 6, 82–84

Sexual services

62

Special measures

12, 28

Sport

70–72

Standards of dress and behaviour

42

Superannuation

78, 79

Transitional provisions

192–196

Victorian Civil and Administrative Tribunal

    applications to

122–124

    enforcement of orders

126

    interim orders, orders

121, 125, 138

    orders regarding compliance

147

    power to grant exemptions

89–91

    referral of matters to

129

    representative bodies

124

Vicarious liability

109, 110

Victimisation

15, 103, 104

Victorian Equal Opportunity and Human Rights Commission

    annual report

179

    Board

acting appointments

165

constitution

161

delegation

175

effect of vacancy or defect

168

functions

162

payment of members

166

procedure

167

resignation and removal

164

terms of appointment

163

    continuation of

154

    custody and judicial notice of official seal

154

    delegation

175

    educative functions

156, 158

    functions and powers in general

155

    functions regarding

action plans

152, 153

practice guidelines

148, 150

review of compliance

151

role in proceedings

159, 160

    protection from liability

178

    research functions

157, 158

    secrecy provisions

176, 177

    staff

174

See also Public inquiries and investigations

Welfare services and measures

28, 60