Anti-Discrimination Act 1977 No 48

An Act to render unlawful racial, sex and other types of discrimination in certain circumstances and to promote equality of opportunity between all persons.

This Act may be cited as the Anti-Discrimination Act 1977 .

(1) This section and section 1 shall commence on the date of assent to this Act.

(2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

s 3: Am 1980 No 67, sec 2 (a); 1981 No 15, Schs 1 (1), 2 (1), 4 (1), 5 (1); 1982 No 142, Schs 1 (1), 2 (1), 3 (1). Rep 1985 No 112, Sch 1 (1).

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

(a) any person with whom the person associates, whether socially or in business or commerce, or otherwise, and

(b) any person who is wholly or mainly dependent on, or a member of the household of, the person.

contract worker means an employee who, under a contract of employment performs work for an employer who has undertaken to perform that work for another person.

council means a council, a county council or a joint organisation within the meaning of the Local Government Act 1993 .

(a) total or partial loss of a person’s bodily or mental functions or of a part of a person’s body, or

(b) the presence in a person’s body of organisms causing or capable of causing disease or illness, or

(c) the malfunction, malformation or disfigurement of a part of a person’s body, or

(d) a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction, or

(e) a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour.

educational authority means a person or body administering a school, college, university or other institution at which education or training is provided.

employment agency means a person who, for profit or not, provides services for the purpose of finding work or employment for others or for supplying employers with workers or employees.

head of a Public Service agency has the same meaning as in the Government Sector Employment Act 2013 .

industrial organisation means an industrial organisation within the meaning of the Industrial Relations Act 1996 or an organisation registered under the Industrial Relations Act 1988 of the Commonwealth.

(a) single, or

(b) married, or

(c) married but living separately and apart from one’s spouse, or

(d) divorced, or

(e) widowed, or

(f) in a de facto relationship.

near relative , in relation to a person, means the spouse, de facto partner, parent, child, grandparent, grandchild, brother or sister of the person.

(a) in relation to a commission agent, a person for whom work is done by that commission agent, or

(b) in relation to a contract worker, a person for whom a contract worker performs work otherwise than under a contract of employment.

private educational authority means a person or body administering a school, college, university or other institution at which education or training is provided, not being—

(a) a school, college, university or other institution established under the Education Act 1990 (by the Minister administering that Act), the Technical and Further Education Commission Act 1990 or an Act of incorporation of a university, or

(b) an agricultural college administered by the Minister for Agriculture.

recognised transgender person means a person the record of whose sex is altered under Part 5A of the Births, Deaths and Marriages Registration Act 1995 or under the corresponding provisions of a law of another Australian jurisdiction.

relative of a person means any person to whom the person is related by blood, marriage, affinity or adoption, or the de facto partner of the person.

(a) services relating to banking, insurance and the provision of grants, loans, credit or finance,

(b) services relating to entertainment, recreation or refreshment,

(c) services relating to transport or travel,

(d) services of any profession or trade,

(e) services provided by a council or public authority,

(f) services consisting of access to, and the use of any facilities in, 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.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) A reference in this Act to the exercise of a function includes, where that function is a duty, a reference to the performance of that duty.

(3) For the purposes of this Act, the fact that a race may comprise two or more distinct races does not prevent it from being a race.

(4) A reference in this Act to the conferring, renewing or extending of an authorisation or a qualification, in relation to an authority or a body which is empowered to confer, renew or extend an authorisation or a qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation, includes a reference to the conferring, renewing, extending, granting, awarding, approving, issuing or accepting of a recognition, registration, enrolment, approval or certification by such an authority or such a body or to the admission of a person to membership of such an authority or such a body.

(5) Notes included in this Act do not form part of this Act.

(6), (7) (Repealed)

s 4: Am 1980 No 67, sec 2 (b); 1981 No 15, Schs 1 (2), 2 (2) (20), 4 (2), 5 (2); 1981 No 123, Sch 8; 1982 No 142, Schs 1 (2), 3 (2), 4 (1); 1987 No 63, Sch 2; 1989 No 130, Sch 1; 1990 No 118, Sch 3; 1994 No 28, Schs 1 (1), 3 (1), 4 (2), 5 (1); 1995 No 11, Sch 1.3 [1]; 1996 No 17, Sch 5.1; 1996 No 22, Sch 1 [1]; 1997 No 9, Sch 1 [1]–[6]; 1997 No 77, Sch 2.1 [1]; 2001 No 34, Sch 4.2 [1]; 2004 No 79, Sch 1 [1] [2]; 2008 No 23, Sch 1 [1]–[4]; 2010 No 19, Sch 3.4 [1]; 2011 No 48, Sch 2.1 [1]; 2013 No 95, Sch 2.7 [1]; 2015 No 58, Sch 3.8 [1]; 2017 No 63, Sch 4.2 [1]; 2017 No 65, Sch 2.1.

(b) one of the reasons consists of unlawful discrimination under this Act against a person (whether or not it is the dominant or a substantial reason for doing the act),

(1) A reference in this Act to an employer—

(a) in relation to employment in a Public Service agency, is a reference to the head of the agency, and

(b) in relation to employment in the NSW Police Force, is a reference to the Commissioner of Police, and

(c) in relation to employment in the Teaching Service, is a reference to the Secretary of the Department of Education.

(2) Any thing determined or done with respect to any matter concerning any such employment by a person who is employed in any Public Service agency, the NSW Police Force or the Teaching Service and who is authorised to determine and do things in that respect is taken to have been determined or done by the head of the agency, the Commissioner of Police or the Secretary of the Department of Education, respectively.

(3) Subsection (2) includes anything determined or done with respect to—

(b) the terms and conditions on which employment is offered, or

(c) the opportunity afforded for promotion, transfer, training or other benefits associated with employment, or

(d) dismissal from employment.

s 4B: Ins 1997 No 9, Sch 1 [7]. Am 2004 No 114, Sch 2.1 [1]–[3]; 2011 No 62, Sch 3.1; 2015 No 58, Sch 3.8 [2]–[4].

This Act binds the Crown not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

(1) A person ( the perpetrator ) discriminates against another person ( the aggrieved person ) on the ground of race if the perpetrator—

(a) on the ground of the aggrieved person’s race or the race of a relative or associate of the aggrieved person, treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the perpetrator treats or would treat a person of a different race or who has such a relative or associate of a different race, or

(b) on the ground of the aggrieved person’s race or the race of a relative or associate of the aggrieved person, segregates the aggrieved person from persons of a different race or from persons who have such a relative or associate of a different race, or

(c) requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons not of that race, or who have a relative or associate not of that race, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.

(2) For the purposes of subsection (1) (a) and (b), something is done on the ground of a person’s race if it is done on the ground of the person’s race, a characteristic that appertains generally to persons of that race or a characteristic that is generally imputed to persons of that race.

(1) It is unlawful for an employer to discriminate against a person on the ground of race—

(a) in the arrangements the employer makes for the purpose of determining who should be offered employment,

(b) in determining who should be offered employment, or

(c) in the terms on which the employer offers employment.

(2) It is unlawful for an employer to discriminate against an employee on the ground of race—

(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, or

(c) by dismissing the employee or subjecting the employee to any other detriment.

(3) Subsections (1) and (2) do not apply to employment for the purposes of a private household.

(1) It is unlawful for a principal to discriminate against a person on the ground of race—

(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 on which the principal engages the person as a commission agent.

(2) It is unlawful for a principal to discriminate against a commission agent on the ground of race—

(b) by denying him or her access, or limiting his or her access, to opportunities for promotion, transfer or training, or to any other benefits associated with his or her position as a commission agent, or

(c) by terminating his or her engagement or subjecting him or her to any other detriment.

It is unlawful for a principal to discriminate against a contract worker on the ground of race—

(b) by not allowing him or her to work or continue to work,

(c) by denying him or her access, or limiting his or her access, to any benefit associated with the work in respect of which the contract with his or her employer is made, or

(d) by subjecting him or her to any other detriment.

(1) It is unlawful for a firm consisting of 6 or more partners, or for any one or more of 6 or more persons proposing to form themselves into a partnership, to discriminate against a person on the ground of race—

(a) in the arrangements made for the purpose of determining who should be offered a position as partner in the firm,

(b) in determining who should be offered a position as partner in the firm, or

(c) in the terms on which the person is offered a position as partner in the firm.

(2) It is unlawful for a firm consisting of 6 or more partners to discriminate against a partner on the ground of race—

(a) by denying the partner access, or limiting the partner’s access, to any benefit arising from membership of the firm,

(b) by expelling the partner from the firm, or

(c) by subjecting the partner to any other detriment.

It is unlawful for any member or members of a council of a local government area when acting (whether alone or together) in the course of his, her or their official functions to discriminate against another member of the council on the ground of race.

(1) It is unlawful for an industrial organisation to discriminate against a person who is not a member of the industrial organisation on the ground of race—

(b) in the terms on which it is prepared to admit the person to membership.

(2) It is unlawful for an industrial organisation to discriminate against a person who is a member of the industrial organisation on the ground of race—

(a) by denying the person access, or limiting the person’s access, to any benefit provided by the industrial 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 a body which is empowered to confer, renew or extend an authorisation or a qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to discriminate against a person on the ground of race—

(b) in the terms on which it is prepared to confer the authorisation or qualification or to renew or extend the authorisation or qualification, or

(c) by 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 race—

(b) in the terms 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.

Nothing in this Division applies to or in respect of any work or employment where that work or employment involves any one or more of the following—

(a) participation in a dramatic performance or other entertainment in a capacity for which a person of a particular race is required for reasons of authenticity,

(b) participation as an artist’s or photographic model in the production of a work of art, visual image or sequence of visual images for which a person of a particular race is required for reasons of authenticity,

(c) working in a place where food or drink is, for payment or not, provided to and consumed by persons in circumstances in which a person of a particular race is required for reasons of authenticity, or

(d) providing persons of a particular race with services for the purpose of promoting their welfare where those services can most effectively be provided by a person of the same race.

15 Exception—employment intended to provide training in skills to be exercised outside New South Wales

Nothing in this Division applies to or in respect of anything done by an employer in or in connection with the employment in New South Wales of a person not ordinarily resident in New South Wales where that employment is intended to provide the person with training in skills to be exercised by the person wholly outside New South Wales.

Nothing in this Division applies to or in respect of the employment of a person on a ship or an aircraft in New South Wales if that person was engaged for that employment outside New South Wales.

(1) It is unlawful for an educational authority to discriminate against a person on the ground of race—

(b) in the terms 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 race—

(a) by denying the student access, or limiting the student’s access, to any benefit provided by the educational authority, or

(b) by expelling the student or subjecting the student to any other detriment.

(3) Nothing in this section applies to or in respect of a prescribed educational authority in relation to such circumstances, if any, as may be prescribed.

It is unlawful for a person who provides (whether or not for payment) goods or services to discriminate against another person on the ground of race—

(b) in the terms on which the other person is provided with those goods or services.

(1) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of race—

(b) in the terms on which the person offers the person accommodation, or

(c) by deferring the person’s application for accommodation or according the 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 race—

(a) by denying the person access, or limiting the person’s access, to any benefit associated with accommodation occupied by the person, or

(b) by evicting the person or subjecting the person to any other detriment.

(3) Nothing in this section applies to or in respect of the provision of accommodation in premises if—

(a) 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

(b) the accommodation provided in those premises is for no more than 6 persons.

(1) It is unlawful for a registered club to discriminate against a person who is not a member of the registered club on the ground of race—

(b) in the terms on which it is prepared to admit the person to membership.

(2) It is unlawful for a registered club to discriminate against a person who is a member of the registered club on the ground of race—

(a) by denying the person access, or limiting the person’s access, to any benefit provided by the registered club,

(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.

(3) Nothing in subsection (1) or (2) applies to or in respect of a registered club if the principal object of the registered club is to provide benefits for persons of a specified race defined otherwise than by reference to—

(b) a description which has the effect of excluding persons of that race who are of a different colour from those persons, or the majority of those persons, who do not come within that description.

(4) In determining whether the principal object of a registered club is as referred to in subsection (3), regard shall be had to—

(b) the extent to which the affairs of the registered club are so conducted that the persons primarily enjoying the benefits of membership are of the race specified in the principal object, and

(c) any other relevant circumstance.

In this Division, public act includes—

(a) any form of communication to the public, including speaking, writing, printing, displaying notices, broadcasting, telecasting, screening and playing of tapes or other recorded material, and

(b) any conduct (not being a form of communication referred to in paragraph (a)) observable by the public, including actions and gestures and the wearing or display of clothing, signs, flags, emblems and insignia, and

(c) the distribution or dissemination of any matter to the public with knowledge that the matter promotes or expresses hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race of the person or members of the group.

(1) It is unlawful for a person, by a public act, to incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race of the person or members of the group.

(2) Nothing in this section renders unlawful—

(b) a communication or the distribution or dissemination of any matter on an occasion that would be subject to a defence of absolute privilege (whether under the Defamation Act 2005 or otherwise) in proceedings for defamation, or

(c) a public act, done reasonably and in good faith, for academic, artistic, scientific or research purposes or for other purposes in the public interest, including discussion or debate about and expositions of any act or matter.

Nothing in this Part applies to or in respect of anything done in affording persons of a particular race access to facilities, services or opportunities to meet their special needs or to promote equal or improved access for them to facilities, services and opportunities.

Nothing in this Part applies to or in respect of anything done on the grounds of a person’s nationality or place of birth or length of time for which the person has been resident in a particular place or area—

(b) in pursuance of the rules of any competition in so far as they relate to eligibility to compete in any sport or game.

For the purposes of this Part, a person sexually harasses another person if—

(a) the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the other person, or

(b) the person engages in other unwelcome conduct of a sexual nature in relation to the other person,

in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated.

(1) It is unlawful for an employer to sexually harass—

(b) a person who is seeking employment with the employer.

(2) It is unlawful for an employee to sexually harass a fellow employee or a person who is seeking employment with the same employer.

(3) It is unlawful for a person to sexually harass—

(b) a person who is seeking to become a commission agent or contract worker of the person.

(4) It is unlawful for a commission agent or contract worker to sexually harass a fellow commission agent or fellow contract worker.

(5) It is unlawful for a partner in a partnership to sexually harass another partner, or a person who is seeking to become a partner, in the same partnership.

(6) It is unlawful for a workplace participant to sexually harass another workplace participant at a place that is a workplace of both those persons.

(7) It is unlawful for a member of either House of Parliament to sexually harass—

(a) a workplace participant at a place that is a workplace of both the member and the workplace participant, or

(b) another member of Parliament at a place that is a workplace of both members.

(8) It is unlawful for a workplace participant to sexually harass a member of either House of Parliament at a place that is the workplace of both the member and the workplace participant.

(9) In this section—

workplace means a place at which a workplace participant works or otherwise attends in connection with being a workplace participant.

(b) a commission agent or contract worker,

(c) a partner in a partnership,

(d) a person who is self-employed,

(e) a volunteer or unpaid trainee.

(10) Without limiting the definition of workplace , the workplace of a member of either House of Parliament is taken to include the following—

(b) any ministerial office or electoral office of the member,

(c) any other place that the member otherwise attends in connection with his or her Ministerial, parliamentary or electoral duties.

(1) It is unlawful for a member or an employee of an authority or body which is empowered to confer, renew or extend an authorisation or a qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to sexually harass a person seeking action in connection with an occupational qualification.

(2) In this section—

action in connection with an occupational qualification means conferring, renewing, extending, revoking or withdrawing an authorisation or qualification.

It is unlawful for—

(b) an employee of an employment agency,

to sexually harass another person in the course of providing, or offering to provide, any of the agency’s services to that other person.

(1) It is unlawful for a member of the staff of an educational institution to sexually harass—

(b) a person who is seeking to become a student at the institution.

(2) It is unlawful for a person who is an adult student at an educational institution to sexually harass—

(b) a member of the staff of the institution.

(3) If a complaint under subsection (2) is found to have been substantiated after an inquiry under Part 9, the Tribunal may make any order that it is empowered to make under section 113 (1) (b). However, if the respondent student was over the age of 16, but under the age of 18, when the unlawful conduct occurred, the Tribunal may not make an order requiring the student to pay damages under section 113 (1) (b) (i).

(4) In this section—

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

It is unlawful for a person to sexually harass another person in the course of—

(b) providing, or offering to provide, goods or services to that other person.

(1) It is unlawful for a person to sexually harass another person in the course of providing, or offering to provide, (whether as principal or agent) accommodation to that other person.

(2) This section does not apply to anything done by a person in the course of providing, or offering to provide, accommodation in a private household.

It is unlawful for a person to sexually harass another person in the course of dealing (whether as principal or agent) with that other person in connection with—

(b) acquiring, or offering to acquire, an estate or interest in land from the other person.

(1) It is unlawful for a person engaged in a sporting activity to sexually harass another person engaged in a sporting activity.

(2) For the purposes of this section, a person is engaged in a sporting activity if—

(b) the person is coaching a person or team, or is being coached, for the purposes of an organised sporting competition,

(c) the person is carrying out an activity relating to the administration of a sport or an organised sporting competition,

(d) the person is officiating at an organised sporting competition or carrying out related duties or functions,

(e) the person is officially involved in a function relating to a sport or an organised sporting competition.

(1) It is unlawful for a person to sexually harass another person—

(a) in the course of performing any function under a State law or for the purposes of a State program, or

(b) in the course of carrying out any other responsibility for the administration of a State law or the conduct of a State program.

(2) In this section—

(b) an order or award made under or pursuant to such a law.

In this Part—

(1) A person ( the perpetrator ) discriminates against another person ( the aggrieved person ) on the ground of sex if the perpetrator—

(a) on the ground of the aggrieved person’s sex or the sex of a relative or associate of the aggrieved person, treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the perpetrator treats or would treat a person of the opposite sex or who does not have such a relative or associate of that sex, or

(b) requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons of the opposite sex, or who do not have a relative or associate of that sex, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.

(1A) For the purposes of subsection (1) (a), something is done on the ground of a person’s sex if it is done on the ground of the person’s sex, a characteristic that appertains generally to persons of that sex or a characteristic that is generally imputed to persons of that sex.

(1B) For the purposes of this section, but without limiting the generality of this section, the fact that a woman is or may become pregnant is a characteristic that appertains generally to women.

(1C) For the purposes of this section, but without limiting the generality of this section, the fact that a woman is breastfeeding or may breastfeed is a characteristic that appertains generally to women. For the purposes of this Act, breastfeeding includes the act of expressing breast milk.

(2) For the purposes of subsection (1), the circumstances in which a person treats or would treat another person of the opposite sex are not materially different by reason of the fact that the persons between whom the discrimination occurs—

(b) are not of the same marital or domestic status, or

(c) are a woman who is breastfeeding and a man.

(3) (Repealed)

s 24: Am 1981 No 15, Sch 5 (8); 1994 No 28, Sch 4 (8); 2007 No 45, Sch 1 [1] [2]; 2008 No 23, Sch 1 [5]; 2013 No 38, Sch 1.1 [5]–[7].

(1) It is unlawful for an employer to discriminate against a person on the ground of sex—

(a) in the arrangements the employer makes for the purpose of determining who should be offered employment,

(b) in determining who should be offered employment, or

(c) in the terms on which the employer offers employment.

(1A) (Repealed)

(2) It is unlawful for an employer to discriminate against an employee on the ground of sex—

(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, or

(c) by dismissing the employee or subjecting the employee to any other detriment.

(2A) (Repealed)

(3) Subsections (1) and (2) do not apply to employment—

(b) where the number of persons employed by the employer, disregarding any persons employed within the employer’s private household, does not exceed 5, or

(c) by a private educational authority.

(4) For the purposes of subsection (3) (b), a corporation shall be regarded as the employer of the employees of any other corporation which, with respect to the firstmentioned corporation, is a related body corporate within the meaning of the Corporations Act 2001 of the Commonwealth.

s 25: Am 1981 No 15, Sch 5 (9); 1981 No 123, Sch 8; 1994 No 28, Schs 4 (9) (10), 5 (2) (3) (5) (18); 1997 No 9, Sch 1 [11]; 2001 No 34, Sch 4.2 [2]; 2018 No 4, Sch 1.1 [1].

(1) It is unlawful for a principal to discriminate against a person on the ground of sex—

(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 on which the principal engages the person as a commission agent.

(2) It is unlawful for a principal to discriminate against a commission agent on the ground of sex—

(b) by denying him or her access, or limiting his or her access, to opportunities for promotion, transfer or training, or to any other benefits associated with his or her position as a commission agent, or

(c) by terminating his or her engagement or subjecting him or her to any other detriment.

It is unlawful for a principal to discriminate against a contract worker on the ground of sex—

(b) by not allowing the contract worker to work or continue to work,

(c) by denying the contract worker access, or limiting his or her access, to any benefit associated with the work in respect of which the contract with his or her employer is made, or

(d) by subjecting the contract worker to any other detriment.

(1) It is unlawful for a firm consisting of 6 or more partners, or for any one or more of 6 or more persons proposing to form themselves into a partnership, to discriminate against a person on the ground of sex—

(a) in the arrangements made for the purpose of determining who should be offered a position as a partner in the firm,

(b) in determining who should be offered a position as partner in the firm, or

(c) in the terms on which the person is offered a position as partner in the firm.

(2) It is unlawful for a firm consisting of 6 or more partners to discriminate against a partner on the ground of sex—

(a) by denying the partner access, or limiting the partner’s access, to any benefit arising from membership of the firm,

(b) by expelling the partner from the firm, or

(c) by subjecting the partner to any other detriment.

It is unlawful for any member or members of a council of a local government area when acting (whether alone or together) in the course of his, her or their official functions to discriminate against another member of the council on the ground of sex.

(1) It is unlawful for an industrial organisation to discriminate against a person who is not a member of the industrial organisation on the ground of sex—

(b) in the terms on which it is prepared to admit the person to membership.

(2) It is unlawful for an industrial organisation to discriminate against a person who is a member of the industrial organisation on the ground of sex—

(a) by denying the person access, or limiting the person’s access, to any benefit provided by the industrial 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 a body which is empowered to confer, renew or extend an authorisation or a qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to discriminate against a person on the ground of sex—

(b) in the terms on which it is prepared to confer the authorisation or qualification or to renew or extend the authorisation or qualification, or

(c) by 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 sex—

(b) in the terms 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.

(1) Nothing in this Division renders unlawful discrimination against a person on the ground of the person’s sex where being a person of a particular sex is a genuine occupational qualification for the job.

(2) Being a person of a particular sex is a genuine occupational qualification for a job where any one or more of the following requirements is satisfied—

(a) the essential nature of the job calls for a person of that sex for reasons of physiognomy or physique, excluding physical strength or stamina, or, in dramatic performances or other entertainment, for reasons of authenticity, so that the essential nature of the job would be materially different if carried out by a person of the opposite sex, or

(b) the job needs to be held by a person of that sex to preserve decency or privacy because it involves the fitting of a person’s clothing, or

(c) the job requires the holder of the job to enter a lavatory ordinarily used by persons of that sex while it is used by persons of that sex, or

(d) the job requires the holder of the job to search persons of that sex, or

(e) the job requires the holder of the job to enter areas ordinarily used by persons of that sex while in a state of undress or while bathing or showering, or

(f) the job requires the holder of the job to live in premises provided by the employer and—

(i) those premises are not equipped with separate sleeping accommodation for persons of the opposite sex and sanitary facilities which could be used by persons of the opposite sex in privacy from persons of that sex, and

(ii) it is not reasonable to expect the employer either to equip those premises with accommodation and facilities of that kind or to provide other premises for persons of the opposite sex, or

(g) the job requires the holder of the job to keep persons of that sex in custody in a prison or other institution or in part of a prison or other institution, or

(h) the holder of the job provides persons of that sex with personal services relating to their welfare or education, or similar personal services, and they or a substantial number of them might reasonably object to its being carried out by a person of the opposite sex, or

(i) the job is one of two to be held by a married couple.

(3) Being a person of a particular sex is a genuine occupational qualification for a prescribed job or a job of a prescribed class or description.

(4) Nothing in subsection (2) limits the Governor’s power to make a regulation for the purposes of subsection (3).

s 31: Am 1981 No 15, Sch 5 (13); 1987 No 48, Sch 32; 1994 No 28, Sch 4 (9). Subst 1994 No 28, Sch 5 (20).

(1) It is unlawful for an educational authority to discriminate against a person on the ground of sex—

(b) in the terms 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 sex—

(a) by denying the student access, or limiting the student’s access, to any benefit provided by the educational authority, or

(b) by expelling the student or subjecting the student to any other detriment.

(3) Nothing in this section applies to or in respect of—

(b) a refusal or failure to accept a person’s application for admission as a student by an educational authority where the educational authority administers a school, college, university or other institution which is conducted solely for students of the opposite sex to the sex of the applicant.

(4) The admission into any such school, college, university or other institution of a transgender person as referred to in Part 3A who identifies with the sex of persons for whom the school, college, university or other institution is conducted does not, for the purposes of subsection (3) (b), affect its status as a school, college, university or other institution conducted solely for students of the same sex.

s 31A: Ins 1981 No 15, Sch 5 (14). Am 1994 No 28, Schs 4 (9), 5 (4) (7) (14) (15); 1996 No 22, Sch 1 [2].

(1) It is unlawful for a person who provides, for payment or not, goods or services to discriminate against another person on the ground of sex—

(b) in the terms on which he or she provides the person with those goods or services.

(2) Where a skill is commonly exercised in a different way in relation to men and women, a person does not contravene subsection (1) by exercising the skill in relation to men only, or women only, in accordance with the person’s normal practice.

(1) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of sex—

(b) in the terms on which he or she offers the person accommodation, or

(c) by deferring the person’s application for accommodation or according to the 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 sex—

(a) by denying the person access, or limiting the person’s access, to any benefit associated with accommodation occupied by the person, or

(b) by evicting the person or subjecting the person to any other detriment.

(3) Nothing in this section applies to or in respect of the provision of accommodation in premises if—

(a) 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

(b) the accommodation provided in those premises is for no more than 6 persons.

(1) It is unlawful for a registered club to discriminate against a person who is not a member of the registered club on the ground of sex—

(b) in the terms on which it is prepared to admit the person to membership.

(2) It is unlawful for a registered club to discriminate against a person who is a member of a registered club on the ground of sex—

(a) by denying the person access, or limiting the person’s access, to any benefit provided by the registered club,

(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.

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

(3A) The admission into any such registered club of a transgender person as referred to in Part 3A who identifies with the sex of persons for whom membership of the registered club is available does not, for the purposes of subsection (3), affect its status as a registered club the membership of which is available to persons of the same sex only.

(4) Nothing in subsection (1) (paragraph (a) excepted) or subsection (2) renders unlawful discrimination by a registered club against a person on the ground of sex if the discrimination occurs in relation to the use or enjoyment of any benefit provided by the registered club where—

(ii) to the same extent,

(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—

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

(c) the nature of the benefits provided by the registered club,

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

(e) any other relevant circumstance.

Nothing in this Part renders unlawful discrimination by a person against a man on the ground of sex by reason only of the fact that that person grants to a woman rights or privileges in connection with pregnancy, childbirth or breastfeeding.

Nothing in this Part renders unlawful discrimination on the ground of sex in the terms or conditions appertaining to a superannuation or provident fund or scheme, where—

(ii) are reasonable having regard to the data and any other relevant factors, or

(b) in a case where no such actuarial or statistical data is available and cannot reasonably be obtained—the terms or conditions are reasonable having regard to any other relevant factors,

and the source on which any data referred to in paragraph (a) is based is disclosed to the Tribunal, where the Tribunal so requires, and any other relevant factors to which regard has been had as referred to in paragraph (a) or (b) are disclosed to the Tribunal, where the Tribunal so requires.

Nothing in this Part renders unlawful discrimination on the ground of sex with respect to the terms on which an annuity, a life assurance policy, an accident or insurance policy or other policy of insurance is offered or may be obtained where—

(ii) reasonable having regard to the data and any other relevant factors, and

(b) the source on which the actuarial or statistical data referred to in paragraph (a) (i) is based is disclosed to the Tribunal, where the Tribunal so requires.

Nothing in this Part renders unlawful the exclusion of persons of the one sex from participation in any sporting activity not being the coaching of persons engaged in any sporting activity, the administration of any sporting activity or any prescribed sporting activity.

A reference in this Part to a person being transgender or a transgender person is a reference to a person, whether or not the person is a recognised transgender person—

(a) who identifies as a member of the opposite sex by living, or seeking to live, as a member of the opposite sex, or

(b) who has identified as a member of the opposite sex by living as a member of the opposite sex, or

(c) who, being of indeterminate sex, identifies as a member of a particular sex by living as a member of that sex,

and includes a reference to the person being thought of as a transgender person, whether the person is, or was, in fact a transgender person.

(1) A person ( the perpetrator ) discriminates against another person ( the aggrieved person ) on transgender grounds if the perpetrator—

(a) on the ground of the aggrieved person being transgender or a relative or associate of the aggrieved person being transgender, treats the aggrieved person less favourably than in the same circumstances (or in circumstances which are not materially different) the perpetrator treats or would treat a person who he or she did not think was a transgender person or who does not have such a relative or associate who he or she did not think was a transgender person, or

(b) requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons who are not transgender persons, or who do not have a relative or associate who is a transgender person, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply, or

(c) treats the aggrieved person, being a recognised transgender person, as being of the person’s former sex or requires the aggrieved person, being a recognised transgender person, to comply with a requirement or condition with which a substantially higher proportion of persons of the person’s former sex comply or are able to comply, being a requirement or condition which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.

(2) For the purposes of subsection (1) (a), something is done on the ground of a person being transgender if it is done on the ground of the person being transgender, a characteristic that appertains generally to transgender persons or a characteristic that is generally imputed to transgender persons.

(1) It is unlawful for an employer to discriminate against a person on transgender grounds—

(a) in the arrangements the employer makes for the purpose of determining who should be offered employment, or

(b) in determining who should be offered employment, or

(c) in the terms on which employment is offered.

(2) It is unlawful for an employer to discriminate against an employee on transgender grounds—

(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, or

(c) by dismissing the employee or subjecting the employee to any other detriment.

(3) Subsections (1) and (2) do not apply to employment—

(b) if the number of persons employed by the employer (disregarding any persons employed within the employer’s private household) does not exceed 5, or

(c) by a private educational authority.

(4) For the purposes of subsection (3) (b), a corporation is regarded as the employer of the employees of any other corporation which, with respect to the firstmentioned corporation, is a related body corporate within the meaning of the Corporations Act 2001 of the Commonwealth.

(1) It is unlawful for a principal to discriminate against a person on transgender grounds—

(a) in the arrangements the principal makes for the purpose of determining who should be engaged as a commission agent, or

(b) in determining who should be engaged as a commission agent, or

(c) in the terms on which the principal engages the person as a commission agent.

(2) It is unlawful for a principal to discriminate against a commission agent on transgender grounds—

(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 his or her position as a commission agent, or

(c) by terminating the commission agent’s engagement or subjecting the commission agent to any other detriment.

It is unlawful for a principal to discriminate against a contract worker on transgender grounds—

(b) by not allowing the contract worker to work or continue to work, or

(c) by denying the contract worker access, or limiting the contract worker’s access, to any benefit associated with the work performed by the contract worker, or

(d) by subjecting the contract worker to any other detriment.

(1) It is unlawful for a firm consisting of 6 or more partners, or for any one or more of 6 or more persons proposing to form themselves into a partnership, to discriminate against a person on transgender grounds—

(a) in the arrangements made for the purpose of determining who should be offered a position as partner in the firm, or

(b) in determining who should be offered a position as partner in the firm, or

(c) in the terms on which the person is offered a position as partner in the firm.

(2) It is unlawful for a firm consisting of 6 or more partners to discriminate against a partner on transgender grounds—

(a) by denying the partner access, or limiting the partner’s access, to any benefit arising from membership of the firm, or

(b) by expelling the partner from the firm, or

(c) by subjecting the partner to any other detriment.

It is unlawful for any member or members of a council of a local government area when acting (whether alone or together) in the course of the member’s or members’ official functions to discriminate against another member of the council on transgender grounds.

(1) It is unlawful for an industrial organisation to discriminate on transgender grounds against a person who is not a member of the industrial organisation—

(b) in the terms on which it is prepared to admit the person to membership.

(2) It is unlawful for an industrial organisation to discriminate against a member of the organisation on transgender grounds—

(a) by denying the member access, or limiting the member’s access, to any benefit provided by the organisation, or

(b) by depriving the member of membership or varying the terms of his or her membership, or

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

It is unlawful for an authority or a body which is empowered to confer, renew or extend an authorisation or a qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to discriminate against a person on transgender grounds—

(b) in the terms on which it is prepared to confer the authorisation or qualification or to renew or extend the authorisation or qualification, or

(c) by withdrawing the authorisation or qualification or varying the terms or conditions on which it is held.

It is unlawful for an employment agency to discriminate against a person on transgender grounds—

(b) in the terms 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.

(1) It is unlawful for an educational authority to discriminate against a person on transgender grounds—

(b) in the terms 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 transgender grounds—

(a) by denying the student access, or limiting the student’s access, to any benefit provided by the educational authority, or

(b) by expelling the student or subjecting the student to any other detriment.

(3) Nothing in this section applies to or in respect of a private educational authority.

It is unlawful for a person who provides (whether or not for payment) goods or services to discriminate against another person on transgender grounds—

(b) in the terms on which the other person is provided with those goods or services.

(1) It is unlawful for a person, whether as principal or agent, to discriminate against another person on transgender grounds—

(b) in the terms on which he or she offers the person accommodation, or

(c) by deferring the person’s application for accommodation or giving the 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 transgender grounds—

(a) by denying the person access, or limiting the person’s access, to any benefit associated with accommodation occupied by the person, or

(b) by evicting the person or subjecting the person to any other detriment.

(3) Nothing in this section applies to or in respect of the provision of accommodation in premises if—

(a) the person who provides or proposes to provide the accommodation or a near relative of that person resides, and intends to continue to reside, in those premises, and

(b) the accommodation provided in those premises is for no more than 6 persons.

(1) It is unlawful for a registered club to discriminate on transgender grounds against a person who is not a member of the registered club—

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

(2) It is unlawful for a registered club to discriminate on transgender grounds against a member of the registered club—

(a) by denying the member access, or limiting the members’ access, to any benefit provided by the club, or

(b) by depriving the member of membership or varying the terms of his or her membership, or

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

(1) Nothing in this Part renders unlawful the exclusion of a transgender person from participation in any sporting activity for members of the sex with which the transgender person identifies.

(2) Subsection (1) does not apply—

(b) to the administration of any sporting activity, or

(c) to any sporting activity prescribed by the regulations for the purposes of this section.

A person does not discriminate against a transgender person (whether or not a recognised transgender person) on transgender grounds if, in the administration of a superannuation or provident fund or scheme, the other person treats the transgender person as being of the opposite sex to the sex with which the transgender person identifies.

In this Division—

(a) any form of communication to the public, including speaking, writing, printing, displaying notices, broadcasting, telecasting, screening and playing of tapes or other recorded material, or

(b) any conduct (not being a form of communication referred to in paragraph (a)) observable by the public, including actions and gestures and the wearing or display of clothing, signs, flags, emblems and insignia, or

(c) the distribution or dissemination of any matter to the public with knowledge that the matter promotes or expresses hatred towards, serious contempt for, or severe ridicule of—

(ii) a group of persons on the ground that the members of the group are transgender persons.

(1) It is unlawful for a person, by a public act, to incite hatred towards, serious contempt for, or severe ridicule of—

(b) a group of persons on the ground that the members of the group are transgender persons.

(2) Nothing in this section renders unlawful—

(b) a communication or the distribution or dissemination of any matter on an occasion that would be subject to a defence of absolute privilege (whether under the Defamation Act 2005 or otherwise) in proceedings for defamation, or

(c) a public act, done reasonably and in good faith, for academic, artistic, scientific, research or religious discussion or instruction purposes or for other purposes in the public interest, including discussion or debate about and expositions of any act or matter.

(1) A person ( the perpetrator ) discriminates against another person ( the aggrieved person ) on the ground of marital or domestic status if the perpetrator—

(a) on the ground of the aggrieved person’s marital or domestic status or the marital or domestic status of a relative or associate of the aggrieved person, treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the perpetrator treats or would treat a person of a different marital or domestic status or who does not have such a relative or associate of that marital or domestic status, or

(b) requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons of a different marital or domestic status, or who do not have a relative or associate of that marital or domestic status, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.

(1A) For the purposes of subsection (1) (a), something is done on the ground of a person’s marital or domestic status if it is done on the ground of the person’s marital or domestic status, a characteristic that appertains generally to persons of that marital or domestic status or a characteristic that is generally imputed to persons of that marital or domestic status.

(2) For the purposes of subsection (1), the circumstances in which a person treats or would treat another person of a different marital or domestic status are not materially different by reason of the fact that the persons between whom the discrimination occurs are not of the same sex.

(3) (Repealed)

s 39: Am 1981 No 15, Sch 5 (16); 1994 No 28, Sch 4 (13); 2008 No 23, Sch 1 [5]; 2013 No 38, Sch 1.1 [10]–[12].

(1) It is unlawful for an employer to discriminate against a person on the ground of marital or domestic status—

(a) in the arrangements the employer makes for the purpose of determining who shall be offered employment,

(b) in determining who should be offered employment, or

(c) in the terms on which the employer offers employment.

(2) It is unlawful for an employer to discriminate against an employee on the ground of marital or domestic status—

(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, or

(c) by dismissing the employee or subjecting the employee to any other detriment.

(3) Subsections (1) and (2) do not apply to employment—

(b) where the number of persons employed by the employer, disregarding any persons employed within the employer’s private household, does not exceed 5, or

(c) by a private educational authority.

(4) For the purposes of subsection (3) (b), a corporation shall be regarded as the employer of the employees of any other corporation which, with respect to the firstmentioned corporation, is a related body corporate within the meaning of the Corporations Act 2001 of the Commonwealth.

s 40: Am 1981 No 15, Sch 5 (17); 1981 No 123, Sch 8; 1994 No 28, Schs 4 (14), 5 (2) (3) (5) (18); 1997 No 9, Sch 1 [11]; 2001 No 34, Sch 4.2 [4]; 2008 No 23, Sch 1 [5].

(1) It is unlawful for a principal to discriminate against a person on the ground of marital or domestic status—

(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 on which the principal engages the person as a commission agent.

(2) It is unlawful for a principal to discriminate against a commission agent on the ground of marital or domestic status—

(b) by denying him or her access, or limiting his or her access, to opportunities for promotion, transfer or training, or to any other benefits associated with his or her position as a commission agent, or

(c) by terminating his or her engagement or subjecting him or her to any other detriment.

It is unlawful for a principal to discriminate against a contract worker on the ground of marital or domestic status—

(b) by not allowing the contract worker to work or continue to work,

(c) by denying the contract worker access, or limiting his or her access, to any benefit associated with the work in respect of which the contract with his or her employer is made, or

(d) by subjecting the contract worker to any other detriment.

(1) It is unlawful for a firm consisting of 6 or more partners, or for any one or more of 6 or more persons proposing to form themselves into a partnership, to discriminate against a person on the ground of marital or domestic status—

(a) in the arrangements made for the purpose of determining who should be offered a position as partner in the firm,

(b) in determining who should be offered a position as partner in the firm, or

(c) in the terms on which the person is offered a position as partner in the firm.

(2) It is unlawful for a firm consisting of 6 or more partners to discriminate against a partner on the ground of marital or domestic status—

(a) by denying the partner access, or limiting the partner’s access, to any benefit arising from membership of the firm,

(b) by expelling the partner from the firm, or

(c) by subjecting the partner to any other detriment.

It is unlawful for any member or members of a council of a local government area when acting (whether alone or together) in the course of his, her or their official functions to discriminate against another member of the council on the ground of marital or domestic status.

(1) It is unlawful for an industrial organisation to discriminate against a person who is not a member of the industrial organisation on the ground of marital or domestic status—

(b) in the terms on which it is prepared to admit the person to membership.

(2) It is unlawful for an industrial organisation to discriminate against a person who is a member of the industrial organisation on the ground of marital or domestic status—

(a) by denying the person access, or limiting the person’s access, to any benefit provided by the industrial 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 a body which is empowered to confer, renew or extend an authorisation or a qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to discriminate against a person on the ground of marital or domestic status—

(b) in the terms on which it is prepared to confer the authorisation or qualification or to renew or extend the authorisation or qualification, or

(c) by 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 marital or domestic status—

(b) in the terms 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.

Nothing in this Division renders unlawful discrimination against a person on the ground of marital or domestic status in relation to a job which is one of two to be held by a married couple.

(1) It is unlawful for an educational authority to discriminate against a person on the ground of marital or domestic status—

(b) in the terms 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 marital or domestic status—

(a) by denying the student access, or limiting the student’s access, to any benefit provided by the educational authority, or

(b) by expelling the student or subjecting the student to any other detriment.

(3) Nothing in this section applies to or in respect of a private educational authority.

s 46A: Ins 1981 No 15, Sch 5 (21). Am 1994 No 28, Schs 4 (14), 5 (4) (7) (14) (15); 2008 No 23, Sch 1 [5].

It is unlawful for a person who provides, for payment or not, goods or services to discriminate against a person on the ground of marital or domestic status—

(b) in the terms on which he or she provides the person with those goods or services.

s 47: Subst 1981 No 15, Sch 5 (21). Am 1994 No 28, Sch 4 (14). Subst 1994 No 28, Sch 4 (16). Am 2008 No 23, Sch 1 [5].

(1) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of marital or domestic status—

(b) in the terms on which he or she offers the person accommodation, or

(c) by deferring the person’s application for accommodation or according the 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 marital or domestic status—

(a) by denying the person access, or limiting the person’s access, to any benefit associated with accommodation occupied by the person, or

(b) by evicting the person or subjecting the person to any other detriment.

(3) Nothing in this section applies to or in respect of the provision of accommodation in premises if—

(a) 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

(b) the accommodation provided in those premises is for no more than 6 persons.

(1) It is unlawful for a registered club to discriminate against a person who is not a member of the registered club on the ground of marital or domestic status—

(b) in the terms on which it is prepared to admit the person to membership.

(2) It is unlawful for a registered club to discriminate against a person who is a member of the registered club on the ground of marital or domestic status—

(a) by denying the person access, or limiting the person’s access, to any benefit provided by the registered club,

(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.

Nothing in this Part renders unlawful discrimination on the ground of marital or domestic status in the terms or conditions appertaining to a superannuation or provident fund or scheme, where—

(ii) are reasonable having regard to the data and any other relevant factors, or

(b) in a case where no such actuarial or statistical data is available and cannot reasonably be obtained—the terms or conditions are reasonable having regard to any other relevant factors,

and the source on which any data referred to in paragraph (a) is based is disclosed to the Tribunal, where the Tribunal so requires, and any other relevant factors to which regard has been had as referred to in paragraph (a) or (b) are disclosed to the Tribunal, where the Tribunal so requires.

A reference in this Part to a person’s disability is a reference to a disability—

(b) that a person is thought to have (whether or not the person in fact has the disability), or

(c) that a person had in the past, or is thought to have had in the past (whether or not the person in fact had the disability), or

(d) that a person will have in the future, or that it is thought a person will have in the future (whether or not the person in fact will have the disability).

(1) A person ( the perpetrator ) discriminates against another person ( the aggrieved person ) on the ground of disability if the perpetrator—

(a) on the ground of the aggrieved person’s disability or the disability of a relative or associate of the aggrieved person, treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the perpetrator treats or would treat a person who does not have that disability or who does not have such a relative or associate who has that disability, or

(b) requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons who do not have that disability, or who do not have a relative or associate who has that disability, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.

(2) For the purposes of subsection (1) (a), something is done on the ground of a person’s disability if it is done on the ground of the person’s disability, a characteristic that appertains generally to persons who have that disability or a characteristic that is generally imputed to persons who have that disability.

(3) For the purposes of, but without limiting, this section, the fact that a person who has a disability of or relating to vision, hearing or mobility has, or may be accompanied by, a dog which assists the person in respect of that disability, is taken to be a characteristic that appertains generally to persons who have that disability, but nothing in this Act affects the liability of any such person for any injury, loss or damage caused by the dog.

(3A) For the purposes of, but without limiting, this section, the fact that a person who has a disability—

(a) is accompanied by, or possesses, a palliative or therapeutic device, or other mechanical equipment, that provides assistance to the person to alleviate the effect of the disability, or

(b) is accompanied by an interpreter, a reader, an assistant, or a carer, who provides interpretive, reading or other services to the person because of the disability, or because of any matter related to that fact,

(4) A reference in this section to persons who have a disability (“the particular disability”) is a reference to persons who have the particular disability or who have a disability that is substantially the same as the particular disability.

s 49B: Ins 1981 No 15, Sch 1 (3). Am 1982 No 142, Sch 1 (3); 1984 No 153, Sch 16. Subst 1994 No 28, Sch 3 (2). Am 2004 No 79, Sch 2 [1]; 2013 No 38, Sch 1.1 [13]–[15].

In determining what constitutes unjustifiable hardship for the purposes of this Part, all relevant circumstances of the particular case are to be taken into account including—

(a) the nature of the benefit or detriment likely to accrue or be suffered by any persons concerned, and

(b) the effect of the disability of a person concerned, and

(c) the financial circumstances and the estimated amount of expenditure required to be made by the person claiming unjustifiable hardship.

(1) It is unlawful for an employer to discriminate against a person on the ground of disability—

(a) in the arrangements the employer makes for the purpose of determining who should be offered employment, or

(b) in determining who should be offered employment, or

(c) in the terms on which the employer offers employment.

(2) It is unlawful for an employer to discriminate against an employee on the ground of disability—

(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, or

(c) by dismissing the employee, or

(d) by subjecting the employee to any other detriment.

(3) Subsections (1) and (2) do not apply to employment—

(b) where the number of persons employed by the employer, disregarding any persons employed within the employer’s private household, does not exceed 5, or

(c) by a private educational authority.

(4) Nothing in subsection (1) (b) or (2) (c) renders unlawful discrimination by an employer against a person on the ground of the person’s disability if taking into account the person’s past training, qualifications and experience relevant to the particular employment and, if the person is already employed by the employer, the person’s performance as an employee, and all other relevant factors that it is reasonable to take into account, the person because of his or her disability—

(b) would, in order to carry out those requirements, require services or facilities that are not required by persons without that disability and the provision of which would impose an unjustifiable hardship on the employer.

(5) For the purposes of subsection (3) (b), a corporation is taken to be the employer of the employees of any other corporation which, with respect to the firstmentioned corporation, is a related body corporate within the meaning of the Corporations Act 2001 of the Commonwealth.

s 49D: Ins 1981 No 15, Sch 1 (3). Am 1982 No 142, Sch 1 (3). Subst 1994 No 28, Sch 3 (2). Am 2001 No 34, Sch 4.2 [5].

(1) It is unlawful for a principal to discriminate against a person on the ground of disability—

(a) in the arrangements the principal makes for the purpose of determining who should be engaged as a commission agent, or

(b) in determining who should be engaged as a commission agent, or

(c) in the terms on which the principal engages the person as a commission agent.

(2) It is unlawful for a principal to discriminate against a commission agent on the ground of disability—

(b) by denying him or her access, or limiting his or her access, to opportunities for promotion, transfer or training, or to any other benefits associated with his or her position as a commission agent, or

(c) by terminating his or her engagement, or

(d) by subjecting him or her to any other detriment.

(3) Nothing in subsection (1) (b) or (2) (c) renders unlawful discrimination by a principal against a person on the ground of the person’s disability if taking into account the person’s past training, qualifications and experience relevant to engagement as a commission agent and, if the person is already engaged by the principal as a commission agent, the person’s performance as a commission agent, and all other relevant factors that it is reasonable to take into account, the person because of his or her disability—

(b) would, in order to carry out those requirements, require services or facilities that are not required by persons without that disability and the provision of which would impose an unjustifiable hardship on the principal.

(1) It is unlawful for a principal to discriminate against a contract worker on the ground of disability—

(b) by not allowing him or her to work or continue to work, or

(c) by denying him or her access, or limiting his or her access, to any benefit associated with the work in respect of which the contract with his or her employer is made, or

(d) by subjecting him or her to any other detriment.

(2) Nothing in subsection (1) (b) renders unlawful discrimination by a principal against a contract worker on the ground of the contract worker’s disability if taking into account the contract worker’s past training, qualifications and experience relevant to working as a contract worker and, if the person is already working for the principal as a contract worker, the contract worker’s performance as a contract worker, and all other relevant factors that it is reasonable to take into account, the contract worker because of his or her disability—

(b) would, in order to carry out those requirements, require services or facilities that are not required by persons without that disability and the provision of which would impose an unjustifiable hardship on the principal.

(1) It is unlawful for a firm consisting of 6 or more partners, or for any one or more of 6 or more persons proposing to form themselves into a partnership, to discriminate against a person on the ground of disability—

(a) in the arrangements made for the purpose of determining who should be offered a position as partner in the firm, or

(b) in determining who should be offered a position as partner in the firm, or

(c) in the terms on which the person is offered a position as partner in the firm.

(2) It is unlawful for a firm consisting of 6 or more partners to discriminate against a partner on the ground of disability—

(a) by denying the partner access, or limiting the partner’s access, to any benefit arising from membership of the firm, or

(b) by expelling the partner from the firm, or

(c) by subjecting the partner to any other detriment.

(3) Nothing in subsection (1) (b) or (2) (b) renders unlawful discrimination by a person against another person on the ground of the other person’s disability if taking into account the other person’s past training, qualifications and experience relevant to the proposed partnership or the partnership and, if the other person is already a partner, the other person’s performance as a partner, and all other relevant factors that it is reasonable to take into account, the other person because of his or her disability—

(a) would be unable to carry out the inherent requirements of a partner in the proposed partnership or the partnership, or

(b) would, in order to carry out those requirements, require services or facilities that are not required by persons without that disability and the provision of which would impose an unjustifiable hardship on the partnership.

It is unlawful for any member or members of a council of a local government area when acting (whether alone or together) in the course of his, her or their official functions to discriminate against another member of the council on the ground of disability.

(1) It is unlawful for an industrial organisation to discriminate against a person who is not a member of the industrial organisation on the ground of disability—

(b) in the terms on which it is prepared to admit him or her to membership.

(2) It is unlawful for an industrial organisation to discriminate against a person who is a member of the industrial organisation on the ground of disability—

(a) by denying him or her access, or limiting his or her access, to any benefit provided by the industrial organisation, or

(b) by depriving him or her of membership or varying the terms of his or her membership, or

(c) by subjecting him or her to any other detriment.

(3) Nothing in subsection (2) (a) renders it unlawful to discriminate against a person on the ground of disability where, because of the person’s disability, the person requires the benefit to be provided in a special manner and the benefit cannot be provided in that manner by the industrial organisation without unjustifiable hardship to it.

(1) It is unlawful for an authority or body which is empowered to confer, renew or extend an authorisation or a qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to discriminate against a person on the ground of disability—

(b) in the terms on which it is prepared to confer the authorisation or qualification or to renew or extend the authorisation or qualification, or

(c) by withdrawing the authorisation or qualification or varying the terms or conditions upon which it is held.

(2) Nothing in subsection (1) (a) or (c) renders unlawful discrimination by an authority or body against a person on the ground of the person’s disability if taking into account the person’s past training, qualifications and experience relevant to the particular profession, trade or occupation and, if the person is already a member of the profession, carrying on the trade or engaged in the occupation, the person’s performance in the profession trade or occupation, and all other relevant factors that it is reasonable to take into account, the person because of his or her disability would be unable to carry out the inherent requirements of the profession, trade or occupation.

(1) It is unlawful for an employment agency to discriminate against a person on the ground of disability—

(b) in the terms on which it offers to provide him or her with any of its services, or

(c) in the manner in which it provides him or her with any of its services.

(2) Nothing in this section renders unlawful discrimination by an employment agency against a person on the ground of the person’s disability if taking into account the person’s past training, qualifications and experience relevant to the work sought, and all other relevant factors that it is reasonable to take into account, the person because of his or her disability would be unable to carry out the inherent requirements of the work sought.

(1) It is unlawful for an educational authority to discriminate against a person on the ground of disability—

(b) in the terms on which it is prepared to admit him or her as a student.

(2) It is unlawful for an educational authority to discriminate against a student on the ground of disability—

(a) by denying him or her access, or limiting his or her access, to any benefit provided by the educational authority, or

(b) by expelling him or her, or

(c) by subjecting him or her to any other detriment.

(3) Nothing in this section applies to or in respect of—

(b) a refusal or failure to accept a person’s application for admission as a student by an educational authority where the educational authority administers a school, college, university or other institution which is conducted solely for students who have a disability which is not the same as that of the applicant.

(4) Nothing in subsection (1) (a) or (2) (b) renders it unlawful to discriminate against a person on the ground of disability where, because of the person’s disability, the person requires services or facilities that are not required by students who do not have a disability and the provision of which would impose unjustifiable hardship on the educational authority.

(5) Nothing in subsection (2) (a) renders it unlawful to discriminate against a person on the ground of disability where, because of the person’s disability, the person requires the benefit to be provided in a special manner and the benefit cannot without unjustifiable hardship be so provided by the educational authority.

(1) It is unlawful for a person who provides, for payment or not, goods or services to discriminate against a person on the ground of disability—

(b) in the terms on which he or she provides the person with those goods or services.

(2) Nothing in this section renders it unlawful to discriminate against a person on the ground of the person’s disability if the provision of the goods or services would impose unjustifiable hardship on the person who provides the goods or services.

(1) It is unlawful for a person, whether as principal or agent, to discriminate against a person on the ground of disability—

(b) in the terms on which the person is offered accommodation, or

(c) by deferring the person’s application for accommodation or according the 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 person on the ground of disability—

(a) by denying the person access, or limiting the person’s access, to any benefit associated with accommodation occupied by the person, or

(b) by evicting the person, or

(c) by subjecting the person to any other detriment.

(3) Nothing in this section applies to or in respect of the provision of accommodation in premises if—

(a) 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

(b) the accommodation provided in those premises is for no more than 6 persons.

(4) Nothing in this section applies to the provision of accommodation in premises where special services or facilities would be required by the person with a disability and the provision of such special services or facilities would impose unjustifiable hardship on the person providing or proposing to provide the accommodation whether as principal or agent.

(5) Nothing in this section applies to the provision of accommodation to persons who have a particular disability by a charitable body or other body that does not distribute its profits to members.

(6) Nothing in subsection (2) (a) renders it unlawful to discriminate against a person on the ground of disability where, because of the person’s disability, the person requires the benefit to be provided in a special manner and the benefit cannot without unjustifiable hardship be so provided by the person who provides the accommodation.

s 49N: Ins 1981 No 15, Sch 1 (3). Am 1981 No 15, Sch 2 (20); 1982 No 142, Sch 1 (3). Subst 1994 No 28, Sch 3 (2).

(1) It is unlawful for a registered club to discriminate against a person who is not a member of the registered club on the ground of disability—

(b) in the terms on which it is prepared to admit the person to membership.

(2) It is unlawful for a registered club to discriminate against a person who is a member of the registered club on the ground of disability—

(a) by denying the person access, or limiting the person’s access, to any benefit provided by the registered club, or

(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.

(3) Nothing in subsection (1) or (2) applies to or in respect of a registered club if the principal object of the registered club is to provide benefits only for persons who have a particular disability specified in the principal object.

(4) In determining whether the principal object of a registered club is as referred to in subsection (3), regard is to be had to—

(b) the extent to which the affairs of the registered club are so conducted that the persons primarily enjoying the benefits of membership are persons who have the particular disability specified in the principal object, and

(c) any other relevant circumstance.

(5) Nothing in subsection (2) (a) renders it unlawful to discriminate against a person on the ground of disability where, because of the person’s disability, the person requires the benefit to be provided in a special manner and the benefit cannot without unjustifiable hardship be so provided by the registered club.

Nothing in this Part renders unlawful discrimination against a person on the ground of disability if the disability concerned is an infectious disease and the discrimination is reasonably necessary to protect public health.

(1) This section applies to the provisions of Division 2 (Discrimination in work), other than sections 49H, 49I and 49J.

(2) Nothing in those provisions renders unlawful discrimination against a person on the ground of disability if—

(b) the person is actually addicted to a prohibited drug at the time of the discrimination.

(3) However, nothing in this section makes it lawful to discriminate against a person on the ground of the person having hepatitis C, HIV infection or any medical condition other than addiction to a prohibited drug.

(4) In this section—

prohibited drug means a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985 , but does not include—

(b) any other drug that is declared by the regulations not to be a prohibited drug for the purposes of this section.

Nothing in this Part renders unlawful discrimination against a person on the ground of disability in the terms or conditions appertaining to a superannuation or provident fund or scheme or with respect to the terms on which an annuity, a life assurance policy, an accident or insurance policy or other policy of insurance is offered or may be obtained, where—

(ii) are reasonable having regard to the data and any other relevant factors, or

(b) in a case where no such actuarial or statistical data is available and cannot reasonably be obtained—the terms or conditions are reasonable having regard to any other relevant factors,

and the source on which any data referred to in paragraph (a) is based is disclosed to the Tribunal, where the Tribunal so requires, and any other relevant factors to which regard has been had as referred to in paragraph (a) or (b) are disclosed to the Tribunal, where the Tribunal so requires.

Nothing in this Part renders unlawful discrimination against a person on the ground of disability, being discrimination consisting of the exclusion of the person from a sporting activity—

(a) if the person is not reasonably capable of performing the actions reasonably required in relation to the sporting activity, or

(b) if the persons who participate or are to participate in the sporting activity are selected by a method which is reasonable on the basis of their skills and abilities relevant to the sporting activity and relative to each other, or

(c) if the sporting activity is conducted only for persons who have a particular disability and the person does not have that disability.