EQUAL OPPORTUNITY ACT 1984 - SECT 22

EQUAL OPPORTUNITY ACT 1984 - SECT 22

22 .         Clubs

        (1)         It is unlawful for a club, the committee of management of a club or a member of the committee of management of a club to discriminate against a person who is not a member of the club on the ground of the person’s sex, marital status, pregnancy or breast feeding —

            (a)         by refusing or failing to accept the person’s application for membership; or

            (b)         in the terms or conditions on which the club is prepared to admit the person to membership.

        (2)         It is unlawful for a club, the committee of management of a club or a member of the committee of management of a club to discriminate against a person who is a member of the club on the ground of the member’s sex, marital status, pregnancy or breast feeding —

            (a)         in the terms or conditions of membership that are afforded to the member; or

            (b)         by refusing or failing to accept the member’s application for a particular class or type of membership; or

            (c)         by denying the member access, or limiting the member’s access, to any benefit provided by the club; or

            (d)         by depriving the member of membership or varying the terms of membership; or

            (e)         by subjecting the member to any other detriment.

        (3)         Nothing in subsection (1) or (2) renders it unlawful to discriminate against a person on the ground of the person’s sex if membership of the club is available to persons of the opposite sex only.

        (4)         Nothing in subsection (1), other than paragraph (a), or subsection (2) renders it unlawful to discriminate against a person on the ground of the person’s sex if the discrimination occurs in relation to the use or enjoyment of any benefit provided by the club where —

            (a)         it is not practicable for the benefit to be used or enjoyed —

                  (i)         simultaneously; or

                  (ii)         to the same extent,

                by both men and women; and

            (b)         either —

                  (i)         the same, or an equivalent, benefit is provided for the use of men and women separately from each other; or

                  (ii)         men and women are each entitled to a fair and reasonable proportion of the use and enjoyment of the benefit.

        (5)         In determining any matter relating to the application of subsection (4), regard shall be had to —

            (a)         the purposes for which the club is established; and

            (b)         the membership of the club, including any class or type of membership; and

            (c)         the nature of the benefits provided by the club; and

            (d)         the opportunities for the use and enjoyment of those benefits by men and women; and

            (e)         any other relevant circumstances.

        [Section 22 amended: No. 2 of 2010 s. 18.]