EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 4 Definitions

EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 4

    (1)     In this Act—

"accommodation" includes—

        (a)     business premises;

        (b)     a house or flat;

        (c)     a hotel or motel;

        (d)     a boarding house or hostel;

        (e)     a caravan or caravan site;

        (f)     a mobile home or mobile home site;

        (g)     a camping site;

"appointed member", of the Board, means a member of the Board other than the Commissioner;

assistance dog means a dog that is trained to perform tasks or functions that assist a person with an impairment to alleviate the effects of his or her impairment;

attribute means an attribute in section 6;

"Board" means the Board of the Commission established under section 161;

breastfeeding includes the act of expressing milk;

"carer " means a person on whom another person is wholly or substantially dependent for ongoing care and attention, other than a person who provides that care and attention wholly or substantially on a commercial basis;

"child " means a person under the age of 18 years;

"club " means an association of more than 30 persons associated together for social, literary, cultural, political, sporting, athletic or other lawful purposes that—

        (a)     has a licence (other than a temporary limited licence or a major event licence) to supply liquor under the Liquor Control Reform Act 1998 ; and

        (b)     operates its facilities wholly or partly from its own funds;

Commission means the Victorian Equal Opportunity and Human Rights Commission continued in existence by section 154;

"Commissioner "means the Commissioner appointed under section 169 ;

contract worker means a person who does work for a principal under a contract between the person's employer and the principal;

detriment includes humiliation and denigration;

discrimination has the meaning given in Part 2;

"dispute" means a dispute about compliance with this Act;

"dispute resolution" means dispute resolution conducted by the Commissioner under Division 1 of Part 8;

domestic partner of a person means—

        (a)     a person who is in a registered domestic relationship with the person; or

        (b)         a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

educational authority means the person or body administering an educational institution;

educational institution means a school, college, university or other institution at which education or training is provided;

employee includes—

        (a)             a person employed under a contract of service, whether or not under a federal agreement or award;

        (b)     a person employed under the Public Administration Act 2004 or appointed to a statutory office;

        (c)     a person engaged under a contract for services;

        (d)     a person who is engaged to perform any work the remuneration for which is based wholly or partly on commission—

and in Part 6 includes, but does not otherwise in this Act include, an unpaid worker or volunteer;

employer includes—

        (a)     a person who employs another person under a contract of service, whether or not under a federal agreement or award;

        (b)     a person who engages another person under a contract for services;

        (c)     a person who engages another person to perform any work the remuneration for which is based wholly or partly on commission—

and in Part 6 includes, but does not otherwise in this Act include, a person who employs another person on an unpaid or voluntary basis;

"employment" includes—

        (a)     employment under a contract of service, whether or not under a federal agreement or award;

        (b)     employment under the Public Administration Act 2004 or under a statutory appointment;

        (c)     engagement under a contract for services;

        (d)     work that is remunerated wholly or partly on commission—

and in Part 6 includes, but does not otherwise in this Act include, work on a voluntary or unpaid basis;

"employment activity" means an employee in his or her individual capacity—

        (a)     making a reasonable request to his or her employer, orally or in writing, for information regarding his or her employment entitlements; or

        (b)     communicating to his or her employer, orally or in writing, the employee's concern that he or she has not been, is not being or will not be, given some or all of his or her employment entitlements;

employment agent means a person who carries on a business of providing services for the purpose of finding employment for people seeking to be employed or procuring employees for people seeking to employ them, or both;

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employment entitlements , in relation to an employee, means the employee's rights and entitlements under an applicable—

        (a)     contract of service; or

        (b)     federal agreement or award; or

        (c)     minimum wage order under the Fair Work Act 2009 of the Commonwealth; or

        (d)     contract for services; or

        (e)     Act or enactment; or

        (f)     law of the Commonwealth;

enactment means a rule, regulation, by-law, local law, order, Order in Council, proclamation or other instrument of a legislative character;

Fair Work Australia has the same meaning as in the Fair Work Act 2009 of the Commonwealth;

firm has the same meaning as in the Partnership Act 1958 ;

"gender identity" means—

        (a)     the identification on a bona fide basis by a person of one sex 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 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 on a bona fide basis by a person of 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 intervention, style of dressing or otherwise; or

              (ii)     by living, or seeking to live, as a member of that sex;

"home" , in relation to a person, means a private residence of that person;

"impairment" means —

        (a)     total or partial loss of a bodily function; or

        (b)     the presence in the body of organisms that may cause disease; or

        (c)     total or partial loss of a part of the body; or

        (d)     malfunction of a part of the body, including—

              (i)     a mental or psychological disease or disorder;

              (ii)     a condition or disorder that results in a person learning more slowly than people who do not have that condition or disorder; or

        (e)     malformation or disfigurement of a part of the body—

        and includes an impairment that may exist in the future (including because of a genetic predisposition to that impairment) and, to avoid doubt, behaviour that is a symptom or manifestation of an impairment;    

"industrial activity" means—

        (a)     being or not being a member of, or joining, not joining or refusing to join, an industrial organisation or industrial association; or

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        (b)     establishing or being involved in establishing an industrial organisation or forming or being involved in forming an industrial association; or

        (c)     organising or promoting or proposing to organise or promote a lawful activity on behalf of an industrial organisation or industrial association; or

        (d)     encouraging, assisting, participating in or proposing to encourage, assist or participate in a lawful activity organised or promoted by an industrial organisation or industrial association; or

        (e)     not participating in or refusing to participate in a lawful activity organised or promoted by an industrial organisation or industrial association; or

        (f)     representing or advancing the views, claims or interests of members of an industrial organisation or industrial association;

industrial association means a group of employees or employers, formed formally or informally to represent or advance the views, claims or interests of the employees or employers in a particular industry, trade, profession, business or employment, not including an industrial organisation;

"industrial organisation" means one of the following organisations that is registered or recognised under a State or Commonwealth Act or enactment —

        (a)     an organisation of employees;

        (b)     an organisation of employers;

        (c)     any other organisation established for the purposes of people who carry on a particular industry, trade, profession, business or employment;

lawful sexual activity means engaging in, not engaging in or refusing to engage in a lawful sexual activity;

marital status means a person's status of being—

        (a)     single; or

        (b)     married; or

        (c)     a domestic partner; or

        (d)     married but living separately and apart from his or her spouse; or

        (e)     divorced; or

        (f)     widowed;

"member of staff", of the Commission, means a member of the staff referred to in section 174;

occupational qualification means an authorisation or qualification that is needed for, or facilitates—

        (a)     the practice of a profession; or

        (b)     the carrying on of a trade or business; or

        (c)     the engaging in of any other occupation or employment;

owners corporation has the meaning given in the Owners Corporation Act 2006 ;

parent includes—

        (a)     step-parent;

        (b)     adoptive parent;

        (c)     foster parent;

        (d)     guardian;

parental status means the status of being a parent or not being a parent;

"party" , in relation to a dispute, means—

        (a)     a person who brings a dispute to the Commissioner for dispute resolution under section 113; or

        (b)     a representative body who brings a dispute to the Commissioner for dispute resolution under section 114; or

        (c)     a person on whose behalf a dispute is brought to the Commissioner for dispute resolution under section 113 or  114; or

        (d)     a person about whom a dispute is brought to the Commissioner for dispute resolution;

person includes an unincorporated association and, in relation to a natural person, means a person of any age;

physical features means a person's height, weight, size or other bodily characteristics;

"political belief or activity" means—

        (a)     holding or not holding a lawful political belief or view;

        (b)     engaging in, not engaging in or refusing to engage in a lawful political activity;

"practice guidelines" means practice guidelines issued under Division 1 of Part 10;

"principal", in relation to a contract worker," " means a person who contracts with another person for work to be done by employees of the other person;

qualifying body means a person or body that is empowered to confer, renew or extend an occupational qualification;

race includes—

        (a)     colour;

        (b)     descent or ancestry;

        (c)     nationality or national origin;

        (d)     ethnicity or ethnic origin;

        (e)     if 2 or more distinct races are collectively referred to as a race—

              (i)     each of those distinct races;

              (ii)     that collective race;

"relative" , in relation to a person, means—

        (a)     a spouse or domestic partner of that person; or

        (b)     a parent or grandparent of that person or of a spouse or domestic partner of that person; or

        (c)     a child or grandchild (whether or not under the age of 18 years) of that person or of a spouse or domestic partner of that person; or

        (d)     a brother or sister of that person or of a spouse or domestic partner of that person; or

        (e)     a child (whether or not under the age of 18 years) of a brother or sister of that person or of a brother or sister of a spouse or domestic partner of that person; or

        (f)     a child (whether or not under the age of 18 years) of a brother or sister of a parent of that person or of a brother or sister of a parent of a spouse or domestic partner of that person;

"religious belief or activity" means—

        (a)     holding or not holding a lawful religious belief or view;

        (b)     engaging in, not engaging in or refusing to engage in a lawful religious activity;

services includes, without limiting the generality of the word—

        (a)     access to and use of any place that members of the public are permitted to enter;

        (b)     banking services, the provision of loans or finance, financial accommodation, credit guarantees and insurance;

        (c)     provision of entertainment, recreation or refreshment;

        (d)     services connected with transportation or travel;

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        (e)     services of any profession, trade or business, including those of an employment agent;

        (f)     services provided by a government department, public authority, State owned enterprise or municipal council—

but does not include education or training in an educational institution;

sexual orientation means homosexuality (including lesbianism), bisexuality or heterosexuality;

"spouse " of a person means a person to whom the person is married;

State owned enterprise has the same meaning as in the State Owned Enterprises Act 1992 ;

terms includes conditions;

Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998 ;

"work arrangements" means—

        (a)     in the case of a person offered employment, arrangements—

              (i)     that would apply to the person as an employee; or

              (ii)     applying to the workplace; or

        (b)     in the case of an employee, arrangements applying to the employee or the workplace; or

        (c)     in the case of a contract worker, arrangements applying to the contract worker or the workplace of the principal; or

        (d)     in the case of a person invited to become a partner in a firm, arrangements—

              (i)     that would apply to the person as a partner; or

              (ii)     applying to the firm's workplace; or

        (e)     in the case of a partner of a firm, arrangements applying to the partner or the firm's workplace.

    (2)     For the purposes of the definition of domestic partner in subsection (1)—

        (a)     registered domestic relationship has the same meaning as in the Relationships Act 2008 ; and

        (b)     in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

    (3)         A reference in the definition of employee , employer , employment or employment entitlements in subsection (1) to a federal agreement or award is a reference to—

        (a)     an enterprise agreement made under the Fair Work Act 2009 of the Commonwealth; or

        (b)     an agreement-based transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; or

        (c)     a modern award within the meaning of the Fair Work Act 2009 of the Commonwealth; or

        (d)     a determination of Fair Work Australia made under the Fair Work Act 2009 of the Commonwealth; or

        (e)     an award-based transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; or

        (f)     a transitional minimum wage instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth.