ACTS AMENDMENT (LESBIAN AND GAY LAW REFORM) ACT 2002 (NO. 3 OF 2002) - SECT 52
ACTS AMENDMENT (LESBIAN AND GAY LAW REFORM) ACT 2002 (NO. 3 OF 2002) - SECT 52
52 . Part IIB inserted
After Part IIA the
following Part is inserted —
“
Part IIB — Discrimination on ground of sexual orientation
35O. Discrimination on the ground of sexual
orientation
(1) For the purposes
of this Act, a person (in this subsection referred to
as the "discriminator") discriminates against another person
(in this subsection referred to as the "aggrieved person") on the ground of
the sexual orientation of the aggrieved person if, on the ground
of —
(a) the
sexual orientation of the aggrieved person;
(b) a
characteristic that appertains generally to persons of the sexual orientation
of the aggrieved person; or
(c) a
characteristic that is generally imputed to persons of the sexual orientation
of the aggrieved person,
the discriminator
treats the aggrieved person less favourably than, in circumstances that are
the same or are not materially different, the discriminator treats or would
treat a person who is not of that sexual orientation.
(2) For the purposes
of this Act, a person (in this subsection referred to
as the "discriminator") discriminates against another person
(in this subsection referred to as the "aggrieved person") on the ground of
sexual orientation if, on the ground of —
(a) the
sexual orientation of;
(b) a
characteristic that appertains generally to persons of the same sexual
orientation as; or
(c) a
characteristic that is generally imputed to persons of the same sexual
orientation as,
any relative or
associate of the aggrieved person, the discriminator treats the
aggrieved person less favourably than in the same circumstances, or in
circumstances that are not materially different, the discriminator treats or
would treat a person who is not of that sexual orientation.
(3) For the purposes
of this Act, a person (in this subsection referred to
as the "discriminator") discriminates against another person
(in this subsection referred to as the "aggrieved person") on the ground of
the sexual orientation of the aggrieved person if the discriminator requires
the aggrieved person to comply with a requirement or condition —
(a) with
which a substantially higher proportion of persons who are not of the sexual
orientation of the aggrieved person comply or are able to comply;
(b)
which is not reasonable having regard to the circumstances of the case; and
(c) with
which the aggrieved person does not or is not able to comply.
Division 2 — Discrimination in work
35P. Discrimination against applicants and
employees
(1) It is unlawful for
an employer to discriminate against a person on the ground of the
person’s sexual orientation —
(a) in
the arrangements made for the purpose of determining who should be offered
employment;
(b) in
determining who should be offered employment; or
(c) in
the terms or conditions on which employment is offered.
(2) It is unlawful for
an employer to discriminate against an employee on the ground of the
employee’s sexual orientation —
(a) in
the terms or conditions of employment that the employer affords the employee;
(b) by
denying the employee access, or limiting the employee’s access, to
opportunities for promotion, transfer or training, or to any other benefits
associated with employment;
(c) by
dismissing the employee; or
(d) by
subjecting the employee to any other detriment.
(3) Nothing in
subsection (1)(a) and (b) renders it unlawful for a person to
discriminate against another person, on the ground of the other person’s
sexual orientation, in connection with employment to perform domestic duties
on the premises on which the first-mentioned person resides.
35Q. Discrimination against commission agents
(1) It is unlawful for
a principal to discriminate against a person on the ground of the
person’s sexual orientation —
(a) in
the arrangements the principal makes for the purpose of determining who should
be engaged as a commission agent;
(b) in
determining who should be engaged as a commission agent; or
(c) in
the terms or conditions on which the person is engaged as a commission agent.
(2) It is unlawful for
a principal to discriminate against a commission agent on the ground of the
commission agent’s sexual orientation —
(a) in
the terms or conditions that the principal affords the commission agent as a
commission agent;
(b) by
denying the commission agent access, or limiting the commission agent’s
access, to opportunities for promotion, transfer or training, or to any other
benefits associated with the position as a commission agent;
(c) by
terminating the engagement; or
(d) by
subjecting the commission agent to any other detriment.
35R. Discrimination against contract workers
(1) It is unlawful for
a principal to discriminate against a contract worker on the ground of the
contract worker’s sexual orientation —
(a) in
the terms or conditions on which the principal allows the contract worker to
work;
(b) by
not allowing the contract worker to work or continue to work;
(c) by
denying the contract worker access, or limiting the contract worker’s
access, to any benefit associated with the work in respect of which the
contract with the employer is made; or
(d) by
subjecting the contract worker to any other detriment.
(2) Nothing in
subsection (1) renders it unlawful for a person to discriminate against
another person, on the ground of the other person’s sexual orientation,
in connection with work to perform domestic duties on the premises on which
the first-mentioned person resides.
(1) It is unlawful for
6 or more persons being persons who are proposing to form themselves into a
partnership to discriminate against a person on the ground of the
person’s sexual orientation —
(a) in
determining who should be invited to become a partner in the partnership; or
(b) in
the terms or conditions on which the person is invited to become a partner in
the partnership.
(2) It is unlawful for
any one or more of the partners in a partnership consisting of 6 or more
partners to discriminate against a person on the ground of the person’s
sexual orientation —
(a) in
determining who should be invited to become a partner in the partnership; or
(b) in
the terms or conditions on which the person is invited to become a partner in
the partnership.
(3) It is unlawful for
any one or more of the partners in a partnership consisting of 6 or more
partners to discriminate against a partner in the partnership on the ground of
the partner’s sexual orientation —
(a) by
denying the partner access, or limiting the partner’s access, to any
benefit arising from being a partner in the partnership;
(b) by
expelling the partner from the partnership; or
(c) by
subjecting the partner to any other detriment.
35T. Professional or trade organisations, etc.
(1) This section
applies to an organisation of employees and to an organisation of employers.
(2) It is unlawful for
an organisation to which this section applies or for the committee of
management of such an organisation or for a member of such a committee of
management to discriminate against a person who is not a member of the
organisation on the ground of the person’s sexual
orientation —
(a) by
refusing or failing to accept the person’s application for membership;
or
(b) in
the terms or conditions on which the organisation is prepared to admit the
person to membership.
(3) It is unlawful for
an organisation to which this section applies or for the committee of
management of such an organisation or for a member of such a committee of
management to discriminate against a person who is a member of the
organisation on the ground of the person’s sexual
orientation —
(a) by
denying the person access, or limiting the person’s access, to any
benefit provided by the organisation;
(b) by
depriving the person of membership or varying the terms of the person’s
membership; or
(c) by
subjecting the person to any other detriment.
It is unlawful for an
authority or body that is empowered to confer, renew, extend, revoke or
withdraw an authorisation or qualification that is needed for or facilitates
the practice of a profession, the carrying on of a trade or business or the
engaging in of an occupation to discriminate against a person on the ground of
the person’s sexual orientation —
(a) by
refusing or failing to confer, renew or extend the authorisation or
qualification;
(b) in
the terms or conditions on which it is prepared to confer the authorisation or
qualification or to renew or extend the authorisation or qualification; or
(c) by
revoking or withdrawing the authorisation or qualification or varying the
terms or conditions upon which it is held.
It is unlawful for an
employment agency to discriminate against a person on the ground of the
person’s sexual orientation —
(a) by
refusing to provide the person with any of its services;
(b) in
the terms or conditions on which it offers to provide the person with any of
its services; or
(c) in
the manner in which it provides the person with any of its services.
Division 3 — Discrimination in other areas
(1) It is unlawful for
an educational authority to discriminate against a person on the ground of the
person’s sexual orientation —
(a) by
refusing or failing to accept the person’s application for admission as
a student; or
(b) in
the terms or conditions on which it is prepared to admit the person as a
student.
(2) It is unlawful for
an educational authority to discriminate against a student on the ground of
the student’s sexual orientation —
(a) by
denying the student access, or limiting the student’s access, to any
benefit provided by the educational authority;
(b) by
expelling the student; or
(c) by
subjecting the student to any other detriment.
35X. Access to places and vehicles
It is unlawful for a
person (in this section referred to as the
"discriminator") to discriminate against another person (in
this section referred to as the "aggrieved person") on the ground of the
aggrieved person’s sexual orientation —
(a) by
refusing to allow the aggrieved person access to or the use of any place or
vehicle that the public or a section of the public is entitled or allowed to
enter or use, for payment or not;
(b) in
the terms on which the discriminator is prepared to allow the aggrieved person
access to or the use of any such place or vehicle;
(c) by
refusing to allow the aggrieved person the use of any facilities in any such
place or vehicle that the public or a section of the public is entitled or
allowed to use, for payment or not;
(d) in
the terms on which the discriminator is prepared to allow the aggrieved person
the use of any such facilities; or
(e) by
requiring the aggrieved person to leave or cease to use any such place or
vehicle or any such facilities.
35Y. Goods, services and facilities
It is unlawful for a
person who, whether for payment or not, provides goods or services, or makes
facilities available, to discriminate against another person on the ground of
the other person’s sexual orientation —
(a) by
refusing to provide the other person with those goods or services or to make
those facilities available to the other person;
(b) in
the terms or conditions on which the first-mentioned person provides the other
person with those goods or services or makes those facilities available to the
other person; or
(c) in
the manner in which the first-mentioned person provides the other person with
those goods or services or makes those facilities available to the other
person.
(1) It is unlawful for
a person, whether as principal or agent, to discriminate against another
person on the ground of the other person’s sexual
orientation —
(a) by
refusing the other person’s application for accommodation;
(b) in
the terms or conditions on which accommodation is offered to the other person;
or
(c) by
deferring the other person’s application for accommodation or according
to the other 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 another
person on the ground of the other person’s sexual
orientation —
(a) by
denying the other person access, or limiting the other person’s access,
to any benefit associated with accommodation occupied by the other person;
(b) by
evicting the other person from accommodation occupied by the other person; or
(c) by
subjecting the other person to any other detriment in relation to
accommodation occupied by the other 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
subparagraph (i) or near relatives of such a person; or
(b)
accommodation provided by a religious body.
(1) It is unlawful for
a person, whether as principal or agent, to discriminate against another
person on the ground of the sexual orientation of the other
person —
(a) by
refusing or failing to dispose of an estate or interest in land to the other
person; or
(b) in
the terms or conditions on which an estate or interest in land is offered to
the other person.
(2) Without limiting
the generality of section 70(1), this section does not apply in relation
to a disposal of an estate or interest in land by will or by way of gift.
(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 sexual orientation —
(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 sexual orientation —
(a) in
the terms or conditions of membership that are afforded to the member;
(b) by
refusing or failing to accept the member’s application for a particular
class or type of membership;
(c) by
denying the member access, or limiting the member’s access, to any
benefit provided by the club;
(d) by
depriving the member of membership or varying the terms of membership; or
(e) by
subjecting the member to any other detriment.
Where, by virtue of a
provision of Division 2 or this Division, it would be unlawful, in
particular circumstances, for a person to discriminate against another person,
on the ground of the other person’s sexual orientation, in doing a
particular act, it is unlawful for the first-mentioned person to request or
require the other person to provide, in connection with or for the purposes of
the doing of the act, information (whether by way of completing a form or
otherwise) that persons who are not of the other person’s sexual
orientation would not, in circumstances that are the same or not materially
different, be requested or required to provide.
Division 4 — Exceptions to Part IIB
35ZD. Measures intended to achieve equality
Nothing in
Division 2 or 3 renders it unlawful to do an act a purpose of which
is —
(a) to
ensure that persons of a particular sexual orientation have equal
opportunities with other persons in circumstances in relation to which
provision is made by this Act; or
(b) to
afford persons of a particular sexual orientation access to facilities,
services or opportunities to meet their special needs in relation to
employment, education, training or welfare.
”.