Western Australian Consolidated Acts Western Australian Consolidated Acts (1) It is unlawful for
a person, whether as principal or agent, to discriminate against a gender
reassigned person on gender history grounds —
(a) by
refusing the gender reassigned person’s application for accommodation;
(b) in
the terms or conditions on which accommodation is offered to the gender
reassigned person; or
(c) by
deferring the gender reassigned person’s application for accommodation,
or according to the gender reassigned person a lower order of precedence in
any list of applicants for that accommodation.
(2) It is unlawful for
a person, whether as principal or agent, to discriminate against a gender
reassigned person on gender history grounds —
(a) by
denying the gender reassigned person access, or limiting the gender reassigned
person’s access, to any benefit associated with accommodation occupied
by the gender reassigned person;
(b) by
evicting the gender reassigned person from accommodation occupied by the
gender reassigned person; or
(c) by
subjecting the gender reassigned person to any other detriment in relation to
accommodation occupied by the gender reassigned person.
(3) Nothing in this
section applies to or in respect of —
(a) the
provision of accommodation in premises if —
(i)
the person who provides or proposes to provide the
accommodation or a near relative of that person resides, and intends to
continue to reside, on those premises; and
(ii)
the accommodation provided in those premises is for no
more than 3 persons other than a person referred to in paragraph (a) or
near relatives of such a person;
or
(b)
accommodation provided by a religious body.
[Section 35AM inserted by No. 2 of 2000
s. 28.]