EQUAL OPPORTUNITY ACT 1984
Table of Provisions
PART I -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Objects
- 4 Terms used
- 5 Act done for 2 or more reasons
- 6 Act binds Crown
- 7 Inter-governmental arrangements
PART II -- Discrimination on ground of sex, marital status, pregnancy or breast feeding
Division 1 -- General
- 8 Discrimination on the ground of sex
- 9 Discrimination on the ground of marital status
- 10 Discrimination on the ground of pregnancy
- 10A Discrimination on the ground of breast feeding
Division 2 -- Discrimination in work
- 11 Discrimination against applicants and employees
- 12 Discrimination against commission agents
- 13 Discrimination against contract workers
- 14 Partnerships
- 15 Professional or trade organisations
- 16 Qualifying bodies
- 17 Employment agencies
Division 3 -- Discrimination in other areas
- 18 Education
- 19 Access to places and vehicles
- 20 Goods, services and facilities
- 21 Accommodation
- 21A Land
- 22 Clubs
- 23 Requesting or requiring provision of certain information
Division 4 -- Discrimination involving sexual harassment
- 24 Sexual harassment in employment
- 25 Sexual harassment in education
- 26 Sexual harassment related to accommodation
Division 5 -- Exceptions to Part II
- 27 Genuine occupational qualifications
- 28 Pregnancy or childbirth
- 29 Employment of married couple or partners in de facto relationship
- 30 Services for members of one sex
- 31 Measures intended to achieve equality
- 32 Accommodation provided for employees or students
- 33 Residential care of children
- 34 Insurance
- 35 Sport
PART IIAA -- Discrimination on gender history grounds in certain cases
Division 1 -- General
- 35AA Gender history
- 35AB Discrimination on gender history grounds
Division 2 -- Discrimination in work
- 35AC Discrimination against applicants and employees
- 35AD Discrimination against commission agents
- 35AE Discrimination against contract workers
- 35AF Partnerships
- 35AG Professional or trade organisations
- 35AH Qualifying bodies
- 35AI Employment agencies
Division 3 -- Discrimination in other areas
- 35AJ Education
- 35AK Access to places and vehicles
- 35AL Goods, services and facilities
- 35AM Accommodation
- 35AN Land
- 35AO Clubs
- 35AP Discrimination in sport on gender history grounds
- 35AQ Requesting or requiring provision of certain information
- 35AR Superannuation schemes and provident funds
PART IIA -- Discrimination on the ground of family responsibility or family status
Division 1 -- General
- 35A Discrimination on the ground of family responsibility or family status
Division 2 -- Discrimination in work
- 35B Discrimination against applicants and employees
- 35C Discrimination against commission agents
- 35D Discrimination against contract workers
- 35E Partnerships
- 35F Professional or trade organisations
- 35G Qualifying bodies
- 35H Employment agencies
Division 3 -- Discrimination in other areas
- 35I Education
- 35J Requesting or requiring provision of certain information
Division 4 -- Exceptions to Part IIA
- 35K Measures intended to meet special needs
- 35L Accommodation provided for employees
- 35M Identity of relative
PART IIB -- Discrimination on ground of sexual orientation
Division 1 -- General
- 35O Discrimination on the ground of sexual orientation
Division 2 -- Discrimination in work
- 35P Discrimination against applicants and employees
- 35Q Discrimination against commission agents
- 35R Discrimination against contract workers
- 35S Partnerships
- 35T Professional or trade organisations
- 35U Qualifying bodies
- 35V Employment agencies
Division 3 -- Discrimination in other areas
- 35W Education
- 35X Access to places and vehicles
- 35Y Goods, services and facilities
- 35Z Accommodation
- 35ZA Land
- 35ZB Clubs
- 35ZC Requesting or requiring provision of certain information
Division 4 -- Exceptions to PART IIB
- 35ZD Measures intended to achieve equality
PART III -- Discrimination on the ground of race
Division 1 -- General
Division 2 -- Discrimination in work
- 37 Discrimination against applicants and employees
- 38 Discrimination against commission agents
- 39 Discrimination against contract workers
- 40 Partnerships
- 41 Professional or trade organisations
- 42 Qualifying bodies
- 43 Employment agencies
Division 3 -- Discrimination in other areas
- 44 Education
- 45 Access to places and vehicles
- 46 Goods, services and facilities
- 47 Accommodation
- 47A Land
- 48 Clubs
- 49 Requesting or requiring provision of certain information
Division 3A -- Discrimination involving racial harassment
- 49A Racial harassment in employment
- 49B Racial harassment in education
- 49C Racial harassment related to accommodation
- 49D Racial grounds
Division 4 -- Exceptions to Part III
- 50 Genuine occupational qualifications
- 51 Measures intended to achieve equality
- 52 Citizenship
PART IV -- Discrimination on the ground of religious or political conviction
Division 1 -- General
- 53 Discrimination on ground of religious or political conviction
Division 2 -- Discrimination in work
- 54 Discrimination against applicants and employees
- 55 Discrimination against commission agents
- 56 Discrimination against contract workers
- 57 Partnerships
- 58 Professional or trade organisations
- 59 Qualifying bodies
- 60 Employment agencies
Division 3 -- Discrimination in other areas
- 61 Education
- 62 Goods, services and facilities
- 63 Accommodation
- 64 Clubs
- 65 Requesting or requiring provision of certain information
Division 4 -- Exceptions to Part IV
PART IVA -- Discrimination on the ground of impairment
Division 1 -- General
- 66A Discrimination on ground of impairment
Division 2 -- Discrimination in work
- 66B Discrimination against applicants and employees
- 66C Discrimination against commission agents
- 66D Discrimination against contract workers
- 66E Partnerships
- 66F Professional or trade organisations
- 66G Qualifying bodies
- 66H Employment agencies
Division 3 -- Discrimination in other areas
- 66I Education
- 66J Access to places and vehicles
- 66K Goods, services and facilities
- 66L Accommodation
- 66M Clubs and incorporated associations
- 66N Discrimination in sport on ground of impairment
- 66O Requesting or requiring provision of certain information
- 66P Superannuation schemes and provident funds
Division 4 -- Exceptions to Part IVA
- 66Q Exceptions to certain work related provisions in Div.
- 66R Measures intended to achieve equality
- 66S Genuine occupational qualifications
- 66T Insurance
- 66U Regulations
PART IVB -- Discrimination on the ground of age
Division 1 -- General
- 66V Discrimination on ground of age
Division 2 -- Discrimination in work
- 66W Discrimination against applicants and employees
- 66X Discrimination against commission agents
- 66Y Discrimination against contract workers
- 66Z Partnerships
- 66ZA Professional or trade organisations
- 66ZB Qualifying bodies
- 66ZC Employment agencies
Division 3 -- Discrimination in other areas
- 66ZD Education
- 66ZE Access to places and vehicles
- 66ZF Goods, services and facilities
- 66ZG Accommodation
- 66ZH Land
- 66ZI Clubs and incorporated associations
- 66ZJ Discrimination in sport on ground of age
- 66ZK Requesting or requiring provison of certain information
- 66ZL Superannuation schemes and provident funds
Division 4 -- Exceptions to Part IVB
- 66ZM Health and safety considerations
- 66ZN Retirement
- 66ZO Contracts with minors
- 66ZP Measures intended to achieve equality
- 66ZQ Genuine occupational qualifications
- 66ZR Insurance
- 66ZS Acts done under statutory authority
PART IVC -- Discrimination on ground of publication of relevant details of persons on Fines Enforcement Registrar’s website
Division 1 -- General
- 67A Discrimination on ground of publication of relevant details on Fines Enforcement Registrar’s website
Division 2 -- Discrimination in work
- 67B Discrimination against applicants and employees
- 67C Discrimination against commission agents
- 67D Discrimination against contract workers
- 67E Professional or trade organisations
- 67F Qualifying bodies
- 67G Employment agencies
Division 3 -- Discrimination in other areas
- 67H Goods, services and facilities
- 67I Accommodation
PART V -- Other unlawful acts
- 67 Victimisation
- 68 Advertisements
PART VI -- General exceptions to this Act
- 69 Acts done under statutory authority
- 70 Charities
- 71 Voluntary bodies
- 72 Religious bodies
- 73 Educational institutions established for religious purposes
- 74 Establishments providing housing accommodation for aged persons
PART VII -- The Commissioner for Equal Opportunity
Division 1 -- Office of Commissioner
- 75 Commissioner for Equal Opportunity
- 76 Vacation of office
- 77 Existing rights etc.
- 78 Acting Commissioner
- 79 Staff
Division 2 -- Functions of the Commissioner
- 80 General functions of Commissioner
- 81 Reference by the Minister to the Commissioner
- 82 Review of legislation, policies and practices
- 83 Making complaints to Commissioner
- 83A Withdrawal and lapse of complaints
- 84 Investigation of complaints by Commissioner
- 85 Application to Tribunal for interim order under s.
- 86 Power to obtain information and documents
- 87 Directions to attend compulsory conference
- 88 Compulsory conference
- 89 Commissioner may dismiss certain complaints
- 90 Commissioner to refer complaint to Tribunal if complainant so requires
- 91 Resolving complaints by conciliation
- 92 Representation in conciliation proceedings
- 93 Referring complaints to Tribunal
- 93A Commissioner may assist complainants on appeal to Supreme Court
- 94 Delegation by Commissioner
- 95 Annual report
PART VIII -- The Role of the State Administrative Tribunal
Division 1 -- Constituting the Tribunal
Division 2 -- Functions
- 107 Jurisdiction of Tribunal
- 108 Commissioner’s reference under s. 93(1)
113. Officer of Commissioner assisting Tribunal
- 114 Determining representative complaints
- 115 Matter to be considered in determining representative complaints
- 116 Amendment of complaint by Tribunal
- 117 Ordinary complaint not precluded by representative complaint
- 122 Tribunal may prohibit publication of evidence
- 123 Proof of exceptions
- 126 Interim orders
- 127 Decisions of Tribunal
- 134 Appeals
Division 3 -- Power of Tribunal to grant exemptions
- 135 Tribunal may grant exemptions
- 136 Tribunal must publish decisions made under s.
- 137 Effect of exemption orders
PART IX -- Equal opportunity in public employment
Division 1 -- General
- 138 Terms used
- 139 Application of Part IX
- 140 Objects of Part IX
- 141 Exercise of functions of authorities
Division 2 -- The Director of Equal Opportunity in Public Employment
- 142 The Director
- 143 Functions of Director
- 144 Annual report of Director
Division 3 -- Equal employment opportunity management plans
- 145 Preparation and implementation of management plans
- 146 Annual report to Director
- 147 Investigation by Director
- 149 Representation in investigation proceedings
- 150 Powers of Director on an investigation
- 151 Incriminatory statements
- 152 Conclusion of investigation
- 153 Direction to amend management plan
PART X -- Miscellaneous
- 154 Effect of contravention of Act
- 155 Obstruction
- 156 Failure to provide actuarial or statistical data
- 157 Failure to attend conciliation proceedings or conference
- 158 Failure to furnish information or produce document
- 159 False or misleading information
- 160 Liability of persons involved in unlawful acts
- 161 Vicarious liability
- 162 Acts done on behalf of bodies
- 163 References to employer
- 164 Self-incrimination
- 165 Particulars of certain complaints not to be communicated
- 166 Protection from civil actions
- 167 Non-disclosure of private information
- 168 Information stored otherwise than in written form
- 169 Regulations
Defined terms