{"id":"antidiscrimination-act-1992","name":"Anti-discrimination Act 1992","slug":"antidiscrimination-act-1992","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":313769,"registerId":"nt-antidiscrimination-act-1992-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Anti-Discrimination Act 1992.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Objects","content":"3 Objects\nThe objects of this Act are:\n(a) to promote recognition and acceptance within the community\nof the principle of the right to equality of opportunity of persons\nregardless of an attribute; and\n(b) to prevent and eliminate discrimination, sexual harassment\nand victimisation to the greatest extent possible; and\n(c) to promote the identification and elimination of systemic\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"4 Interpretation\n(1) In this Act:\naccommodation includes:\n(a) business premises; and\n(b) a house or flat; and\n\nAnti-Discrimination Act 1992 2\n(c) a hotel or motel; and\n(d) a boarding house or hostel; and\n(e) a caravan or caravan site; and\n(f) a mobile home or mobile home site; and\n(g) a camping site; and\n(h) a building or construction site.\naccommodation status includes being:\n(a) a tenant, boarder, lodger or licensee; or\n(b) transient or homeless; or\n(c) a resident of any of the following:\n(i) an aged care facility;\n(ii) disability accommodation;\n(iii) supported care accommodation.\nacting in an official capacity, in relation to a person, means the\nperson is exercising powers or performing functions under, or\notherwise related to the administration of, this Act.\nadvertisement means every form of advertisement or notice,\nhowever displayed, and whether or not displayed to the public, and\nincludes an advertisement:\n(a) in a newspaper, on the internet or in another publication,\nwhether in printed or electronic form; and\n(b) by television, radio or a streaming service; and\n(c) by display of notices, signs, labels or goods; and\n(d) by distribution of samples, circulars, catalogues, price lists or\nother material; and\n(e) by exhibition of pictures, models or films.\nartificial fertilisation procedure means any artificial insemination\nprocedure or in vitro fertilisation procedure.\n\nAnti-Discrimination Act 1992 3\nartificial insemination procedure means a procedure where\nhuman sperm are introduced, by a non-coital method, into the\nreproductive system of a woman but which is not, and is not an\nintegral part of, an in vitro fertilisation procedure.\nassistance animal, see section 4A.\nattribute means an attribute referred to in section 19.\ncarer responsibilities means whether or not the person is a parent\nor has responsibility to care for a family member or near relative or\nthrough kinship or otherwise.\nchild means a person who has not attained the age of 18 years.\nclub means an incorporated or unincorporated association of not\nless than 30 members that:\n(a) is established for social, literary, cultural, political, sporting,\nathletic, recreational or community service purposes or any\nother similar lawful purpose; and\n(b) provides and maintains its facilities, wholly or partly, from\nfunds of the association.\nCommissioner means the person appointed under section 6 to be\nthe Anti-Discrimination Commissioner and includes a person\nappointed under section 11 to act as the Commissioner, when so\nacting.\ncommittee of management, in relation to a club, means the group\nor body of people, by whatever name called, that manages the\naffairs of the club.\ncomplainant means the person making a complaint and includes a\nperson joined as a complainant under section 73.\ncomplaint means a complaint made under Part 6.\nconciliation means a conciliation under Part 6, Division 3.\ndisability includes the following:\n(a) the total or partial loss of a bodily function;\n(b) the presence in the body of:\n(i) an organism that has caused or is capable of causing\ndisease; or\n\nAnti-Discrimination Act 1992 4\n(ii) organisms impeding, capable of impeding or that may\nimpede the capacity of the body to combat disease;\n(c) total or partial loss of a part of the body;\n(d) the malfunction or dysfunction of a part of the body;\n(e) the malformation or disfigurement of a part of the body;\n(f) a reliance on any of the following:\n(i) a support person;\n(ii) a disability aid;\n(iii) an assistance animal;\n(g) psychiatric or psychological disease or disorder, whether\npermanent or temporary;\n(h) a disorder or malfunction that results in a person learning\ndifferently from a person without the disorder or malfunction;\n(i) a disorder, illness or disease that affects a person's thought\nprocesses, perception of reality, emotions or judgment or that\nresults in disturbed behaviour.\ndisability aid means equipment (including a palliative or\ntherapeutic device) that is generally recognised to alleviate an\neffect of a disability.\ndocument includes:\n(a) paper or other material on which there is writing; and\n(b) paper or other material on which there are marks, figures,\nsymbols or perforations having a meaning for persons\nqualified to interpret them; and\n(c) an article or material from which sounds, images or writings\nare capable of being reproduced with or without the aid of any\nother article or device.\ndomestic violence, see section 5 of the Domestic and Family\nViolence Act 2007.\neducational authority means the body or person administering an\neducational institution.\n\nAnti-Discrimination Act 1992 5\neducational institution includes the following:\n(a) a childcare centre, school, college, university or other\ninstitution at which any form of training or instruction is\nprovided;\n(b) a place at which training or instruction is provided by an\nemployer;\n(c) a place that provides educational programs to people in\ncustody;\n(d) any other place that provides an education and care service.\nemployment status includes the following:\n(a) being unemployed;\n(b) receiving a pension or another social security benefit;\n(c) receiving compensation;\n(d) being employed on a part-time, casual or temporary basis;\n(e) undertaking shift or contract work.\nenforceable undertaking means an enforceable undertaking\nunder section 110B.\nenforcement order means an enforcement order under\nsection 110C.\nevaluate, in relation to a complaint, means to decide whether the\ncomplaint has a reasonable prospect of success at a hearing by the\nTribunal.\ngender identity means a person's gender-related identity, which\nmay or may not correspond with the person's designated sex at\nbirth, and includes:\n(a) the personal sense of the body (whether this involves medical\nintervention or not); and\n(b) other expressions of gender, such as dress, speech,\nmannerisms, names and personal references.\nHIV/hepatitis status means having:\n(a) the Human Immunodeficiency Virus; or\n(b) the medical condition known as hepatitis.\n\nAnti-Discrimination Act 1992 6\nhomeless means without access to safe and secure housing.\nindividual complaint means a complaint other than a\nrepresentative complaint.\ninsurance includes:\n(a) an annuity; and\n(b) life assurance; and\n(c) accident insurance; and\n(d) illness insurance.\nin vitro fertilisation procedure means a procedure which:\n(a) is consequent on the removal of an egg from the body of a\nwoman, and carried out for one or more of the following\npurposes:\n(i) the fertilisation of the egg, within or outside her body;\n(ii) the keeping or use of the egg with intent to derive from it\nan egg in the process of fertilisation or an embryo;\n(iii) the keeping or use of the egg in the process of\nfertilisation or embryo so derived; or\n(b) is directed at the introduction into the body of a woman of:\n(i) an egg, whether produced by the woman or by another\nwoman; or\n(ii) an egg in the process of fertilisation or an embryo,\nwhether produced by the woman or by another woman\nand whether or not fertilisation began outside the body\ninto which it is introduced.\nirrelevant criminal record, in relation to a person, means:\n(a) a spent record within the meaning of the Criminal Records\n(Spent Convictions) Act 1992; or\n(ab) a record expunged under the Expungement of Historical\nHomosexual Offence Records Act 2018; or\n(ac) a record expunged under Part XI, Division 18, of the Criminal\nCode; or\n\nAnti-Discrimination Act 1992 7\n(b) a record relating to arrest, interrogation or criminal\nproceedings where:\n(i) no further action was taken in relation to the arrest,\ninterrogation or charge of the person; or\n(ii) no charge has been laid; or\n(iii) the charge was dismissed; or\n(iv) the prosecution was withdrawn; or\n(v) the person was discharged, whether or not on\nconviction; or\n(vi) the person was found not guilty; or\n(vii) the person's finding of guilt was quashed or set aside; or\n(viii) the person was granted a pardon; or\n(ix) the circumstances relating to the offence for which the\nperson was found guilty are not directly relevant to the\nsituation in which the discrimination arises.\nnear relative, in relation to a person, means:\n(a) a parent, child, grandparent or sibling of the person; or\n(b) the spouse or de facto partner of the person or a person\nreferred to in paragraph (a).\nparent includes a step-parent, adoptive parent, foster parent,\nguardian and a person who provides care, nurturing and support to\na child.\npregnancy includes child bearing capacity.\nproceeding includes a conciliation, an investigation and an\nevaluation of a complaint.\nprohibited conduct means:\n(a) discrimination, other than discrimination exempted from the\napplication of this Act; or\n(b) sexual harassment; or\n(c) victimisation; or\n(ca) offensive behaviour; or\n\nAnti-Discrimination Act 1992 8\n(d) discriminatory advertising; or\n(e) seeking unnecessary information; or\n(f) contravention of duty to accommodate a special need; or\n(g) aiding a contravention of this Act.\nrace includes:\n(a) the nationality, ethnic or national origin, colour, descent or\nancestry of a person; and\n(b) that a person is or has been an immigrant.\nrelationship status means whether or not a person:\n(a) is single; or\n(b) is married; or\n(c) is married but living separately and apart from the person's\nspouse; or\n(d) is married, or has been married, to a particular person; or\n(e) is divorced; or\n(f) is a surviving spouse or de facto partner; or\n(g) is a de facto partner; or\n(h) is the de facto partner, or was the de facto partner, of a\nparticular person.\nrepresentative complaint means a complaint mentioned in\nsection 60(c).\nrespondent, in relation to a complaint, means the person or\norganisation alleged in the complaint to have engaged in prohibited\nconduct or systemic discrimination and includes a person joined as\na respondent under section 73.\nservices include:\n(a) access to or use of any land, place, vehicle or facility that\nmembers of the public are, or a section of the public is,\npermitted to use; and\n\nAnti-Discrimination Act 1992 9\n(b) banking or the supply of loans, finance, credit guarantees, hire\npurchase schemes or any other type of financial\naccommodation; and\n(c) services connected with the selling or leasing of an interest in\nland; and\n(d) recreation, including entertainment, sports, tourism and the\narts; and\n(e) the supply of refreshments; and\n(f) services connected with transport and travel; and\n(g) services of any profession, occupation, trade or business; and\n(h) services provided by a government, statutory corporation, a\ncompany or other body corporate in which a government has\na controlling interest, or a local government council;\nbut does not include insurance and superannuation.\nsex characteristics means a person's physical features and\ndevelopment relating to sex, including the following:\n(a) genitalia, gonads and other sexual and reproductive parts of\nthe person's anatomy;\n(b) chromosomes, genes and hormones related to sex;\n(c) secondary physical features emerging as a result of puberty.\nsexual orientation means each person's capacity for profound\nemotional, affectional and sexual attraction to, and intimate and\nsexual relations with, individuals of the same gender identity, a\ndifferent gender identity or more than one gender identity.\nsex work means provision by a person of either of the following\nservices in return for payment or reward:\n(a) services that involve the person participating in sexual activity\nwith another person;\n(b) services that involve the use or display of the person's body\nfor the sexual arousal or gratification of others.\nsupervision, in relation to a child, means to oversee or superintend\nthe execution of or performance of work or other tasks by the child.\n\nAnti-Discrimination Act 1992 10\nsupport person means a person who provides assistance or\nservices to another person because of a disability the other person\nhas.\nExamples for definition support person\nA carer, an assistant, an interpreter or a reader.\nsystemic discrimination means behaviour, practices, policies or\nprograms of an organisation or Agency that have the effect of\ncreating or perpetuating disadvantage for a group that shares a\nprotected attribute.\nTribunal means the Civil and Administrative Tribunal.\nvictimisation, see section 23(2).\nwork includes work carried out in any capacity and at any place,\nincluding as:\n(a) an employee; or\n(b) a contractor or subcontractor; or\n(c) an employee of a contractor or subcontractor; or\n(d) an employee of a labour hire company; or\n(e) an outworker; or\n(f) an apprentice or trainee; or\n(g) a student or other person gaining work experience, whether\nformal or informal; or\n(h) a volunteer or on another unpaid basis; or\n(i) a statutory appointee; or\n(j) part of a vocational training program or other occupational\ntraining or retraining program; or\n(k) a person of a prescribed class.\n(2) For the purposes of this Act, a person may be discriminated against\non the ground of race even if the person is, in addition to that race,\nof one or more other races.\n(3) For the purposes of this Act, trade union or employer association\nactivity is to be construed to include membership or non\nmembership of a trade union or employer association and a lack or\nabsence of trade union or employer association activity.\n\nAnti-Discrimination Act 1992 11\n(4) For the purposes of this Act, religious belief or activity is to be\nconstrued to include Aboriginal spiritual belief or activity.\n(5) For the purposes of this Act, political opinion, affiliation or activity is\nto be construed to include a lack or absence of political opinion,\naffiliation or activity.\n(5A) For the purposes of this Act, sexual orientation is to be construed to\ninclude an absence of profound emotional, affectional and sexual\nattraction to other individuals.\n(6) For the purposes of this Act, refusing or failing to do an act is taken\nto be the doing of an act and a reference to an act includes a\nreference to such a refusal or failure.\n(7) Unless the contrary intention appears, a reference in this Act to a\nperson includes a reference to an unincorporated association.\n(8) A reference in this Act to the provision of a service does not include\nthe carrying out of an artificial fertilisation procedure.\nNote for section 4\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Assistance animals","content":"4A Assistance animals\n(1) An assistance animal is an animal trained or accredited to assist,\nin a public place, a person with a disability in relation to the\ndisability.\ntrained or accredited means trained or accredited by a training\norganisation or State or Territory body prescribed by regulation.\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Act to bind Crown","content":"5 Act to bind Crown\nThis Act binds the Crown, not only in right of the Territory but, to the\nextent that the legislative power of the Legislative Assembly\npermits, in all its other capacities.\n\nAnti-Discrimination Act 1992 12\n","sortOrder":5},{"sectionNumber":"5A","sectionType":"section","heading":"Application of Criminal Code","content":"5A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 5A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Commissioner","content":"6 Commissioner\n(1) Subject to this Part, the Administrator may, in writing, appoint a\nperson to be the Anti-Discrimination Commissioner.\n(2) Subject to this Part, the Commissioner holds office for such period,\nnot longer than 5 years, as is specified in the notice of appointment\nbut is eligible for re-appointment.\n(3) The terms and conditions of the Commissioner's appointment shall\nbe fixed by the Administrator.\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Leave of absence","content":"7 Leave of absence\nThe Minister may grant leave of absence to the Commissioner on\nsuch terms as the Minister thinks fit.\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Resignation","content":"8 Resignation\nThe Commissioner may resign, in writing, delivered to the\nAdministrator.\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Termination of appointment","content":"9 Termination of appointment\n(1) The Administrator may, in writing, terminate the appointment of a\nperson as the Commissioner if the person:\n(a) becomes physically or mentally incapable of satisfactorily\nperforming the duties of the office; or\n(b) is guilty of misconduct of a kind that could warrant dismissal\nunder the Public Sector Employment and Management\nAct 1993 if the person were an employee within the meaning\nof that Act; or\n(c) is absent, without the Minister's leave and without reasonable\nexcuse, for 14 consecutive days or 28 days in any 12 months.\n\nAnti-Discrimination Act 1992 13\n(2) The Administrator shall, in writing, terminate the appointment of a\nperson as the Commissioner if the person:\n(a) is found guilty of an indictable offence (whether in the Territory\nor elsewhere); or\n(b) becomes bankrupt, applies to take the benefit of a law for the\nrelief of bankrupt or insolvent debtors, compounds with\ncreditors or makes an assignment of remuneration for their\nbenefit; or\n(c) engages in paid employment outside the duties of the office\nwithout the Minister's approval.\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Disclosure of interest","content":"10 Disclosure of interest\nThe Commissioner shall, as soon as practicable after being\nappointed and after acquiring them, in writing, notify the Minister of\nall direct or indirect pecuniary interests that the Commissioner has\nor acquires in a business, or in a body corporate carrying on a\nbusiness, whether in Australia or elsewhere.\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Acting Commissioner","content":"11 Acting Commissioner\n(1) Subject to this Part, the Administrator may, in writing, appoint a\nperson to act as the Commissioner:\n(a) during a vacancy in the office; or\n(b) during any period, or during all periods, when the\nCommissioner is absent from duty or from the Territory or is,\nfor any other reason, unable to perform the duties of the office.\n(2) A person appointed under subsection (1), while so acting, may\nexercise all the powers and perform all the functions of the\nCommissioner.\n(3) Subject to subsection (4), the terms and conditions of a person\nappointed under subsection (1) shall be fixed by the Administrator.\n(4) A person appointed under subsection (1) to act as the\nCommissioner during a vacancy in the office shall not continue to\nact for a period longer than 12 months.\n(5) Where no appointment under subsection (1) is in force or a person\nso appointed is unable, for any reason, to perform the duties of the\noffice of the Commissioner, the Minister may, in writing, appoint a\nperson to act as the Commissioner for a period of not longer than\n3 months.\n\nAnti-Discrimination Act 1992 14\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Staff of Commissioner","content":"12 Staff of Commissioner\nThe Commissioner shall be provided by the Minister with such staff,\nwho shall be employees within the meaning of the Public Sector\nEmployment and Management Act 1993, as is necessary for the\nadministration of this Act.\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Functions of Commissioner","content":"13 Functions of Commissioner\n(1) The Commissioner has the following functions:\n(a) to assess complaints, conduct conciliations in relation to\ncomplaints and evaluate and refer complaints for hearing by\nthe Tribunal;\n(b) to examine Acts and regulations and proposed Acts and\nregulations of the Territory to determine whether they are, or\nwould be, inconsistent with the purposes of this Act, and to\nreport the results of such examinations to the Minister;\n(c) to institute, promote or assist in research, the collection of\ndata and the dissemination of information relating to\ndiscrimination and the effects of discrimination;\n(d) to consult with organisations, departments and local\ngovernment councils to ascertain means of improving services\nand conditions affecting groups that are subjected to\nprohibited conduct;\n(e) to research and develop additional grounds of discrimination\nand to make recommendations for the inclusion of such\ngrounds in this Act;\n(f) to examine practices, alleged practices or proposed practices\nof a person, at the Commissioner's own initiative or when\nrequired by the Minister, to determine whether they are, or\nwould be, inconsistent with the purposes of this Act, and,\nwhen required by the Minister, to report the results of the\nexamination to the Minister;\n(g) to promote in the Territory an understanding and acceptance,\nand public discussion, of the purposes and principles of equal\nopportunity;\n(h) to promote an understanding and acceptance of, and\ncompliance with, this Act;\n(ha) to conduct investigations as to compliance with the duty in\n","sortOrder":14},{"sectionNumber":"Part 2A","sectionType":"part","heading":"or under Part 6, Division 4B and to take any required","content":"Part 2A or under Part 6, Division 4B and to take any required\naction arising out of those investigations;\n\nAnti-Discrimination Act 1992 15\n(j) to promote the recognition and acceptance of non-\ndiscriminatory attitudes, acts and practices;\n(k) to promote within the public sector the development of equal\nopportunity management programs;\n(m) to prepare and publish guidelines and codes of practice to\nassist persons to comply with this Act;\n(n) to provide advice and assistance to persons relating to this Act\nas the Commissioner thinks fit;\n(p) to advise the Minister generally on the operation of this Act;\n(q) if the Commissioner considers it appropriate to do so, to\nintervene in a proceeding that involves issues of equality of\nopportunity or discrimination with the leave of the court\nhearing the proceeding and subject to any conditions imposed\nby the court;\n(r) such functions as are conferred on the Commissioner by or\nunder this or any other Act;\n(s) such other functions as the Minister determines.\n(2) The Commissioner shall not regard, for the purposes of\nsubsection (1)(b), an Act or regulation or a proposed Act or\nregulation of the Territory as being inconsistent with the purposes of\nthis Act by reason of a provision of the Act or regulation or\nproposed Act or regulation that is included solely for the purpose of\npromoting equal opportunity for a group of persons who are\ndisadvantaged or have a special need because of any of the\nattributes referred to in section 19.\n(3) The Commissioner shall not regard an act or practice as being\ninconsistent with the purposes of this Act where the act or practice\nis done or engaged in solely for the purpose referred to in\nsubsection (2).\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Powers of Commissioner","content":"14 Powers of Commissioner\nSubject to this Act, the Commissioner has power to do all things\nthat are necessary or convenient to be done for or in connection\nwith or incidental to the performance of the Commissioner's\nfunctions under this Act.\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Delegation","content":"15 Delegation\nThe Commissioner may, in writing, delegate any of the\nCommissioner's powers and functions under this Act to a person.\n\nPart 2A Positive duty to eliminate discrimination, sexual harassment and victimisation\nAnti-Discrimination Act 1992 16\n","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Annual report","content":"16 Annual report\n(1) The Commissioner shall furnish a report to the Minister not later\nthan 30 September in each year on the operation of this Act for the\n12 months to 30 June immediately preceding.\n(2) The Minister may, in writing, direct the Commissioner to report on\nspecified matters in a report furnished under subsection (1).\n(3) A direction given under subsection (2) shall be included in the\nreport furnished under subsection (1).\n(4) The Minister shall cause a copy of each report furnished under\nsubsection (1) to be laid before the Legislative Assembly not later\nthan 6 sitting days of the Assembly after the report has been so\nfurnished.\n","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Special report","content":"17 Special report\n(1) The Minister may, in writing, at any time direct the Commissioner to\nprovide a report on any aspect of the operation of this Act.\n(2) If the Minister so determines, a report under subsection (1) shall be\nincluded in a report furnished under section 16.\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Legislative Assembly members not to be appointed","content":"18 Legislative Assembly members not to be appointed\n(1) A member of the Legislative Assembly shall not be appointed as\nthe Commissioner or to act as the Commissioner.\n(2) Subject to subsection (3), the appointment of a person as the\nCommissioner or to act as the Commissioner ceases on the person\nbecoming a member of the Legislative Assembly.\n(3) Notwithstanding subsection (2), an appointment of a person\nreferred to in that subsection shall continue in force in respect of a\ncomplaint made before the person became a member of the\nLegislative Assembly and in respect of which the person was\nperforming any functions under this Act until the completion of\nproceedings under this Act in respect of the complaint.\nPart 2A Positive duty to eliminate discrimination,\nsexual harassment and victimisation\n","sortOrder":20},{"sectionNumber":"18A","sectionType":"section","heading":"Purpose of Part","content":"18A Purpose of Part\nThe purpose of this Part is to provide for the taking of positive\naction to prevent and eliminate discrimination, sexual harassment\nand victimisation to the greatest extent possible.\n\nPart 2A Positive duty to eliminate discrimination, sexual harassment and victimisation\nAnti-Discrimination Act 1992 17\n","sortOrder":21},{"sectionNumber":"18B","sectionType":"section","heading":"Duty to eliminate discrimination, sexual harassment and","content":"18B Duty to eliminate discrimination, sexual harassment and\nvictimisation\n(1) This section applies to a person who is prohibited under Part 3 or 4\nfrom engaging in discrimination, sexual harassment or victimisation.\n(2) A person must take reasonable and proportionate measures to\neliminate that discrimination, sexual harassment or victimisation to\nthe greatest extent possible.\n(3) In determining whether a measure is reasonable and proportionate\nthe following factors must be considered:\n(a) the size of the person's business or operations;\n(b) the nature and circumstances of the person's business or\noperations;\n(c) the person's resources;\n(d) the person's business and operational priorities;\n(e) the practicability and the cost of the measure.\n","sortOrder":22},{"sectionNumber":"18C","sectionType":"section","heading":"Investigations","content":"18C Investigations\n(1) The Commissioner may investigate compliance with the duty\nimposed by this Part.\n(2) The Commissioner may conduct the investigation in any way the\n","sortOrder":23},{"sectionNumber":"18D","sectionType":"section","heading":"Outcome of investigation","content":"18D Outcome of investigation\n(1) After conducting an investigation into compliance with the duty\nimposed by this Part, the Commissioner may take any action the\n(2) Without limiting subsection (1), the Commissioner may do the\nfollowing:\n(a) take no further action;\n(b) enter into an enforceable undertaking with a person;\n(c) prepare a report and, subject to subsection (4), do either or\nboth of the following in relation to the report:\n(i) give it to the Minister;\n(ii) publish it.\n\nAnti-Discrimination Act 1992 18\n(3) A report under subsection (2)(c) may include the following:\n(a) an opinion of the Commissioner about whether compliance\nwith the duty imposed by this Part has occurred;\n(b) recommendations to address compliance.\n(4) If a report mentioned in subsection (2)(c) adversely mentions a\nperson, the Commissioner must give the person a reasonable\nopportunity to respond to the report before giving the report to\nMinister or publishing the report (as the case may be).\n(5) The Minister must table a report given to the Minister under\nsubsection (2)(c)(i) in the Legislative Assembly within 6 sitting days\nafter the Minister receives the report.\n(6) A report may be:\n(a) referred to in making an individual complaint; or\n(b) taken into account by the Tribunal in relation to an individual\ncomplaint referred to the Tribunal.\n","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Prohibition of discrimination","content":"19 Prohibition of discrimination\n(1) Subject to subsection (2), a person shall not discriminate against\nanother person on the ground of any of the following attributes:\n(a) race;\n(ab) language, including signed language;\n(b) sex;\n(ba) gender identity;\n(c) sexual orientation;\n(ca) sex characteristics;\n(d) age;\n(e) relationship status;\n(ea) accommodation status;\n\nAnti-Discrimination Act 1992 19\n(eb) employment status;\n(ec) employment in sex work or engaging in sex work, including\npast employment in sex work or engagement in sex work;\n(f) pregnancy;\n(g) carer responsibilities;\n(h) breastfeeding;\n(j) disability;\n(ja) HIV/hepatitis status;\n(jb) subjected to domestic violence;\n(k) trade union or employer association activity;\n(m) religious belief or activity;\n(n) political opinion, affiliation or activity;\n(p) irrelevant medical record;\n(q) irrelevant criminal record;\n(qa) the person's details being published under section 66M of the\nFines and Penalties (Recovery) Act 2001;\n(r) association with a person who has, or is believed to have, an\nattribute referred to in this section.\n(2) It is not unlawful for a person to discriminate against another person\non any of the attributes referred to in subsection (1) if an exemption\nunder Part 4 or 5 applies.\n","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Discrimination","content":"20 Discrimination\n(1) For the purposes of this Act, discrimination includes:\n(a) any distinction, restriction, exclusion or preference made on\nthe basis of an attribute that has the effect of nullifying or\nimpairing equality of opportunity; and\n(b) harassment on the basis of an attribute,\nin an area of activity referred to in Part 4.\n\nAnti-Discrimination Act 1992 20\n(2) Without limiting the generality of subsection (1), discrimination\ntakes place if a person treats or proposes to treat another person\nwho has or had, or is believed to have or had:\n(a) an attribute; or\n(b) a characteristic imputed to appertain to an attribute; or\n(c) a characteristic imputed to appertain generally to persons with\nan attribute,\nless favourably than a person who has not, or is believed not to\nhave, such an attribute.\n(3) For discrimination to take place, it is not necessary that:\n(a) the attribute is the sole or dominant ground for the less\nfavourable treatment; or\n(b) the person who discriminates regards the treatment as less\nfavourable.\n(4) The motive of a person alleged to have discriminated against\nanother person is, for the purposes of this Act, irrelevant.\n","sortOrder":26},{"sectionNumber":"20A","sectionType":"section","heading":"Inciting hatred, serious contempt or severe ridicule because of","content":"20A Inciting hatred, serious contempt or severe ridicule because of\nattribute\n(1) A person must not do an act that:\n(a) is reasonably likely, in all the circumstances, to incite hatred\ntowards, serious contempt for or severe ridicule of, another\nperson or a group of people; and\n(b) is done because of an attribute of the other person or of some\nor all of the people in the group.\n(2) Subsection (1) does not apply to an act done in private.\n(3) For subsection (2), an act is taken not to be done in private if it:\n(a) causes words, sounds, images or writing to be communicated\nto the public; or\n(b) is done in a public place; or\n(c) is done in the sight or hearing of people who are in a public\n\nAnti-Discrimination Act 1992 21\npublic place includes any place to which the public have access as\nof right or by invitation, whether express or implied and whether or\nnot a charge is made for admission to the place.\n","sortOrder":27},{"sectionNumber":"20B","sectionType":"section","heading":"Exemptions to section 20A","content":"20B Exemptions to section 20A\nSection 20A does not prevent anything said or done reasonably\nand in good faith:\n(a) in the performance, exhibition or distribution of an artistic\nwork; or\n(b) in the course of any statement, publication, discussion or\ndebate made or held for any genuine academic, artistic or\nscientific purpose or any other genuine purpose in the public\ninterest; or\n(c) in making or publishing:\n(i) a fair and accurate report of any event or matter of public\ninterest; or\n(ii) a fair comment on any event or matter of public interest,\nif the comment is an expression of a genuine belief held\nby the person making the comment.\n","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Discrimination by refusing to allow assistance animal","content":"21 Discrimination by refusing to allow assistance animal\n(1) For this Act, a person discriminates on the ground of disability\nagainst a person if the person treats the person with the disability\nless favourably because the person has an assistance animal.\n(2) Subsection (1) applies notwithstanding that it is the practice of the\nperson to treat less favourably other persons who have animals, or\nanimals of a particular kind.\n(3) Nothing in this section limits the operation of section 20 in relation\nto discrimination on the ground of disability.\n(4) This section does not affect the liability of a person with an\nassistance animal for any damage caused by the assistance\nanimal.\n(5) Nothing in this Act makes it unlawful for a person to:\n(a) request a person with an assistance animal to produce\nevidence that the animal is an assistance animal; and\n\nAnti-Discrimination Act 1992 22\n(b) if the person with an assistance animal does not produce\nevidence that the animal is an assistance animal –\ndiscriminate against the person on the ground that the person\nhas the animal.\n","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Prohibition of sexual harassment","content":"22 Prohibition of sexual harassment\n(1) A person must not sexually harass another person.\n(2) Sexual harassment takes place if a person:\n(a) subjects another person to an unwelcome act of physical\nintimacy; or\n(b) makes an unwelcome demand or request (whether directly or\nby implication) for sexual favours from the other person; or\n(c) makes an unwelcome remark with sexual connotations; or\n(d) engages in any other unwelcome conduct of a sexual nature,\nand:\n(e) that person does so:\n(i) with the intention of offending, humiliating or intimidating\nthe other person; or\n(ii) in circumstances where a reasonable person would have\nanticipated the possibility that the other person would be\noffended, humiliated or intimidated by the conduct; or\n(f) that other person is, or reasonably believes they are likely to\nbe, subjected to some detriment if they object to the act,\ndemand, request, remark or conduct.\n(3) For the purposes of subsection (2)(e)(ii), circumstances that are\nrelevant in determining whether a reasonable person would have\nanticipated the possibility that the other person would be offended,\nhumiliated or intimidated by the conduct include:\n(a) the race, sex, sexual orientation, gender identity, sex\ncharacteristics, age, relationship status or religious belief or\nactivity of the other person; and\n(b) any disability that the other person has; and\n\nAnti-Discrimination Act 1992 23\n(c) the relationship between the other person and the person\nengaging in the conduct; and\n(d) any other circumstance of the other person.\n","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Prohibition of victimisation","content":"23 Prohibition of victimisation\n(1) A person shall not victimise another person because the other\nperson:\n(a) has made, or intends to make, a complaint; or\n(b) has given, or intends to give, evidence or information in\nconnection with proceedings under this Act or\n(c) has alleged, or intends to allege, that a person has committed\nan act which would amount to a contravention of this Act; or\n(d) has done anything in relation to a person under or by\nreference to this Act.\n(2) Victimisation takes place if a person subjects or threatens to subject\nanother person or an associate of the other person to any\ndetriment.\n(3) Subsection (1)(c) does not apply to or in relation to an allegation\nthat is false and not made in good faith.\n","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Duty to accommodate special need","content":"24 Duty to accommodate special need\n(1) A person must reasonably accommodate a special need that\nanother person has because of an attribute.\n(2) For subsection (1):\n(a) reasonable accommodation of a special need of another\nperson means making adequate or appropriate provision to\naccommodate the special need; and\n(b) reasonable accommodation of a special need takes place\nwhen a person acts in a way that reasonably provides for the\nspecial need of another person who has the special need\nbecause of an attribute.\n(3) Whether a person reasonably provided for the special need of\nanother person depends on all the relevant circumstances of the\ncase including, but not limited to:\n(a) the nature of the special need; and\n\nAnti-Discrimination Act 1992 24\n(b) the cost of accommodating the special need and the number\nof people who would benefit or be disadvantaged; and\n(c) the financial circumstances of the person; and\n(d) the disruption that accommodating the special need may\ncause; and\n(e) the nature of any benefit or detriment to all persons\nconcerned.\nExample for section 24\nProviding an accredited interpreter to a person who needs one.\n","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Discriminatory advertising","content":"25 Discriminatory advertising\nA person shall not publish, cause to be published or authorise the\npublication of an advertisement which promotes or expresses or\ncould reasonably be understood to promote or express prohibited\nconduct or an intention to engage in prohibited conduct.\n","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Unnecessary information","content":"26 Unnecessary information\n(1) A person shall not ask another person, whether orally or in writing,\nto supply information on which unlawful discrimination might be\nbased.\n(2) Subsection (1) does not apply to a request that is necessary to\ncomply with, or is specifically authorised by:\n(a) a law of the Territory or the Commonwealth; or\n(b) an order of a court or tribunal; or\n(c) a provision of an order or award of a court or tribunal having\npower to fix minimum wages and other terms of employment;\nor\n(d) a provision of an industrial agreement; or\n(e) an order of the Commissioner.\n(3) Subsection (1) does not apply if the person proves, on the balance\nof probabilities, that the information was reasonably required for a\npurpose that did not involve discrimination.\n","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Prohibition of aiding contravention of Act","content":"27 Prohibition of aiding contravention of Act\n(1) A person shall not cause, instruct, induce, incite, assist or promote\nanother person to contravene this Act.\n\nAnti-Discrimination Act 1992 25\n(2) A person who causes, instructs, induces, incites, assists or\npromotes another person to contravene this Act is jointly and\nseverally liable with the other person for the contravention of this\nAct.\nPart 4 Areas of activities where discrimination\nprohibited\nDivision 1 Preliminary\n28 Areas of activities\nThis Act applies to prohibited conduct in the areas of:\n(a) education; and\n(b) work; and\n(c) accommodation; and\n(d) goods, services and facilities; and\n(e) clubs; and\n(f) insurance and superannuation; and\n(g) the administration of laws and government programs.\n","sortOrder":35},{"sectionNumber":"29","sectionType":"section","heading":"Discrimination in education","content":"29 Discrimination in education\n(1) An educational authority shall not discriminate:\n(a) by failing or refusing to accept a person's application for\nadmission as a student; or\n(b) in refusing or rejecting a person's admission as a student; or\n(c) in the way in which a person's application is processed; or\n(d) in the arrangements made for, or the criteria used in, deciding\nwho should be offered admission as a student; or\n(e) in the terms and conditions on which a person is admitted as a\nstudent.\n\nAnti-Discrimination Act 1992 26\n(2) An educational authority shall not discriminate:\n(a) in any variation of the terms and conditions of a student's\nenrolment; or\n(b) by failing or refusing to grant, or limiting, access to any benefit\narising from the enrolment that is supplied by the authority; or\n(c) by excluding a student; or\n(d) by treating a student less favourably in any way in connection\nwith the student's training or instruction.\n","sortOrder":36},{"sectionNumber":"30","sectionType":"section","heading":"Exemptions","content":"30 Exemptions\n(1) An educational authority that operates, or proposes to operate, an\neducational institution wholly or mainly for students of a particular\nsex may exclude applicants who are not of that sex.\n(3) An educational authority that operates, or proposes to operate, an\neducational institution wholly or mainly for students who have a\ngeneral or specific disability may exclude applicants who do not\nhave that disability.\n","sortOrder":37},{"sectionNumber":"31","sectionType":"section","heading":"Discrimination in work area","content":"31 Discrimination in work area\n(1) A person shall not discriminate:\n(a) in deciding who should be offered work; or\n(b) in the terms and conditions of work that is offered; or\n(c) in failing or refusing to offer work; or\n(d) by failing or refusing to grant a person seeking work access to\na guidance program, vocational training program or other\noccupational training or retraining program; or\n(e) in developing the scope or range of a program referred to in\nparagraph (d).\n(2) A person shall not discriminate:\n(a) in any variation of the terms and conditions of work; or\n(b) in failing or refusing to grant, or limiting, access to\nopportunities for promotion, transfer, training or other benefit\nto a worker; or\n\nAnti-Discrimination Act 1992 27\n(c) in dismissing a worker; or\n(d) by treating a worker less favourably in any way in connection\nwith work.\n(3) A person shall not discriminate against a worker on the grounds of\nthe worker's religious belief or activity by refusing the worker\npermission to carry out a religious activity during working hours\nbeing an activity:\n(a) of a kind recognized as necessary or desirable by persons of\nthe same religious belief as that of the worker; and\n(b) the performance of which during working hours is reasonable\nhaving regard to the circumstances of the work; and\n(c) that does not subject the employer to any detriment.\n","sortOrder":38},{"sectionNumber":"32","sectionType":"section","heading":"Discrimination in professional and trade organisations","content":"32 Discrimination in professional and trade organisations\n(1) An organisation of workers, employers or people who carry on an\nindustry, profession, trade or business shall not discriminate:\n(a) in failing to accept a person's application for membership of\nthe organisation; or\n(b) in the arrangements made for deciding who may join; or\n(c) in deciding who may join; or\n(d) in the terms on which a person may join.\n(2) An organisation of workers, employers, or people who carry on an\nindustry, profession, trade or business shall not discriminate:\n(a) in any variation of the terms of membership of the\norganisation; or\n(b) in denying or limiting access to any benefit arising from the\nmembership; or\n(c) in depriving a person of membership; or\n(d) by treating a person less favourably in any way in connection\nwith the membership.\n","sortOrder":39},{"sectionNumber":"33","sectionType":"section","heading":"Discrimination by qualifying body","content":"33 Discrimination by qualifying body\n(1) A person who has power to grant, renew or extend a qualification or\nauthorisation that (whether by itself or together with other\nqualifications or authorisations) is needed for, or facilitates, the\n\nAnti-Discrimination Act 1992 28\npractice of a profession, or the carrying on of a trade or business\nshall not discriminate:\n(a) in granting, renewing or extending a qualification or\nauthorisation or failing to do so; or\n(b) in the terms on which a qualification or authorisation is\ngranted, renewed or extended.\n(2) A person who has power to grant, renew or extend a qualification or\nauthorisation that (whether by itself or together with other\nqualifications or authorisations) is needed for or facilitates the\npractice of a profession or the carrying on of a trade or business\nshall not discriminate against another person:\n(a) in any variation of the terms on which a qualification or\nauthorisation was granted, renewed or extended; or\n(b) in revoking or withdrawing a qualification or authorisation or\nfailing to do so; or\n(c) by treating the other person less favourably in any way in\nconnection with the grant, renewal or extension of a\nqualification or authorisation.\n","sortOrder":40},{"sectionNumber":"34","sectionType":"section","heading":"Discrimination in employment agency area","content":"34 Discrimination in employment agency area\nA person who carries on a business (whether or not for reward or\nprofit) of introducing people seeking work to employers shall not\ndiscriminate:\n(a) by failing or refusing to supply a service of the business,\nwhether to a person seeking work or an employer seeking a\nworker; or\n(b) in the terms and conditions on which a service is offered or\nsupplied; or\n(c) in the way in which a service is supplied; or\n(d) by treating a person seeking work or an employer seeking a\nworker less favourably in any way in connection with a\nservice.\n\nAnti-Discrimination Act 1992 29\n","sortOrder":41},{"sectionNumber":"35","sectionType":"section","heading":"Exemptions – work","content":"35 Exemptions – work\n(1) A person may discriminate against another person in the area of\nwork:\n(a) by fixing reasonable terms and conditions if that other person,\nbecause of age or disability, has a restricted capacity to do the\nwork; or\n(b) if the discrimination is based:\n(i) on a genuine occupational qualification which the other\nperson is required to fill; or\n(ii) on the other person's inability to adequately perform the\ninherent requirements of the work even where the\nspecial need of the other person has been or were to be\naccommodated.\n(2) A person may discriminate in offering work where the work is to be\nperformed in the person's home.\n","sortOrder":42},{"sectionNumber":"35A","sectionType":"section","heading":"Exemption – employment status","content":"35A Exemption – employment status\nA person may discriminate against a person on the ground of\nemployment status in relation to something mentioned in\nsection 31(1)(a) to (c) if the discrimination is reasonable, justifiable\nand proportionate in the circumstances.\n","sortOrder":43},{"sectionNumber":"35B","sectionType":"section","heading":"Exemption – work in religious educational institutions","content":"35B Exemption – work in religious educational institutions\n(1) An educational authority that operates or proposes to operate an\neducational institution in accordance with the doctrine of a particular\nreligion may discriminate against a person in the area of work in the\neducational institution if the discrimination:\n(a) is on the ground of religious belief or activity; and\n(b) is in good faith to avoid offending the religious sensitivities of a\nreasonable person of the particular religion.\n(2) For subsection (1), the educational authority may:\n(a) give preference to employing persons of the same religion as\nthe religion in accordance with which the educational\ninstitution operates or proposes to operate; and\n\nAnti-Discrimination Act 1992 30\n(b) establish requirements in relation to the manner in which a\nperson employed by the educational authority conducts\nthemselves while at the workplace of the educational\ninstitution.\n(3) Subsections (1) and (2) do not apply in respect of an educational\ninstitution unless the educational authority:\n(a) produces a written policy for the educational institution that\nsets out the elements of the doctrine of the religion in\naccordance with which the educational institution operates:\n(i) that may be taken in account in giving preference to the\nemployment of people of that religion in accordance with\nsubsection (2)(a); and\n(ii) in establishing any requirements under subsection (2)(b)\nas to the conduct at the workplace of persons employed\nby the educational institution; and\n(b) makes the written policy available to employees and\nprospective employees.\ndoctrine, of a religion, includes the tenets, beliefs and teachings of\nthe religion.\n","sortOrder":44},{"sectionNumber":"36","sectionType":"section","heading":"Exemptions – age","content":"36 Exemptions – age\nA person may discriminate on the grounds of age by imposing a\nstandard age for commencement of work or a standard retirement\nage.\n","sortOrder":45},{"sectionNumber":"37","sectionType":"section","heading":"Exemption – irrelevant criminal record","content":"37 Exemption – irrelevant criminal record\n(1) A person may discriminate against another person on the grounds\nof irrelevant criminal record in the area of work if:\n(a) the work principally involves the care, instruction or\nsupervision of vulnerable persons; and\n(b) the discrimination is reasonably necessary to protect the\nphysical, psychological or emotional well-being of those\nvulnerable persons, having regard to all of the relevant\ncircumstances of the case including the person's actions.\n\nAnti-Discrimination Act 1992 31\n(2) In subsection (1):\nvulnerable persons includes children, aged persons and persons\nwith a physical or intellectual disability or mental illness.\n","sortOrder":46},{"sectionNumber":"38","sectionType":"section","heading":"Discrimination in accommodation area","content":"38 Discrimination in accommodation area\n(1) A person shall not discriminate against another person:\n(a) by failing or refusing to accept an application for\naccommodation; or\n(b) by failing or refusing to supply accommodation; or\n(c) by failing or refusing to renew or extend the supply of\naccommodation; or\n(d) in the way in which an application for accommodation is\nprocessed; or\n(e) in the terms and conditions on which accommodation is\noffered, renewed or extended.\n(2) A person shall not discriminate against a person to whom\naccommodation is supplied:\n(a) in any variation of the terms and conditions on which the\naccommodation is supplied; or\n(b) in failing or refusing to grant, or limiting, access to any benefit\nassociated with the accommodation; or\n(c) in evicting the person from the accommodation; or\n(d) by treating the person less favourably in any way in\nconnection with the accommodation.\n","sortOrder":47},{"sectionNumber":"39","sectionType":"section","heading":"Discrimination by refusing to allow reasonable alterations","content":"39 Discrimination by refusing to allow reasonable alterations\nA person must not discriminate against a person with a disability by\nfailing or refusing to allow the person to alter accommodation to\nmeet the person's special needs if:\n(a) the alteration is at the expense of that person; and\n(b) the alteration does not require an alteration to the\naccommodation of another person; and\n\nAnti-Discrimination Act 1992 32\n(c) the restoration of the accommodation to its previous condition\nis reasonably practicable; and\n(d) the person undertakes at the person's own expense to restore\nthe accommodation to its previous condition before leaving it,\nand it is reasonably likely that the person will do so.\n","sortOrder":48},{"sectionNumber":"40","sectionType":"section","heading":"Exemptions","content":"40 Exemptions\n(1) A person may discriminate against a person in deciding who is to\nreside in accommodation that forms part of, and is intended to\ncontinue to form part of, the main home of the person or a near\nrelative of the person.\n(2) An educational authority that operates, or proposes to operate, an\neducational institution wholly or mainly for students of a particular\nsex may provide accommodation wholly or mainly for students of\nthat sex.\n(2B) An educational authority that operates, or proposes to operate, an\neducational institution wholly or mainly for students who have a\ngeneral or specific disability may provide accommodation wholly or\nmainly for students with that disability.\n(3) A person may discriminate against a person with respect to a\nmatter that is otherwise prohibited under this Division if:\n(a) the accommodation concerned is:\n(i) under the direction or control of a body established for\nreligious purposes; and\n(ii) wholly within or directly attached to religious premises;\nand\n(b) the discrimination:\n(i) is in accordance with the doctrine of the religion\nconcerned; and\n(ii) is necessary to avoid offending the religious sensitivities\nof people of the religion.\n(4) A person may discriminate against a person with respect to a\nmatter that is otherwise prohibited under this Division if:\n(a) the accommodation concerned is under the direction or control\nof a body established for a charitable purpose; and\n\nAnti-Discrimination Act 1992 33\n(b) the discrimination is in accordance with the particular purpose\nfor which the accommodation was established by the body.\n(5) Subsection (3) does not apply in respect of any accommodation\nmentioned in paragraph (a) of that subsection at any time at which\na program that is funded by, or conducted on behalf of, the Territory\nor the Commonwealth is being conducted at that accommodation.\n(6) In this section:\nreligious premises means a church, temple, synagogue, mosque\nor any other similar place of worship.\n","sortOrder":49},{"sectionNumber":"41","sectionType":"section","heading":"Discrimination in goods, services and facilities area","content":"41 Discrimination in goods, services and facilities area\nA person who supplies or receives goods, services or facilities\n(whether or not for reward or profit) must not discriminate against\nanother person:\n(a) by failing or refusing to supply or receive the goods, services\nor facilities; or\n(b) in the terms and conditions on which the goods, services or\nfacilities are supplied or received; or\n(c) in the way in which the goods, services or facilities are\nsupplied or received; or\n(d) by treating the other person less favourably in any way in\nconnection with the supply or receipt of the goods, services or\nfacilities.\n","sortOrder":50},{"sectionNumber":"42","sectionType":"section","heading":"Exemptions – services for members of one sex","content":"42 Exemptions – services for members of one sex\nNothing in this Division applies to or in relation to the provision of a\nservice the nature of which is such that it can only be provided to\nmembers of one sex.\n","sortOrder":51},{"sectionNumber":"43","sectionType":"section","heading":"Exemptions – cultural or religious sites","content":"43 Exemptions – cultural or religious sites\n(1) A person may restrict access to land, a building or place of cultural\nor religious significance by people who are not of a particular sex,\nage, race or religion if the restriction:\n(a) is in accordance with the culture or the doctrine of the religion;\nand\n\nAnti-Discrimination Act 1992 34\n(b) is necessary to avoid offending the cultural or religious\nsensitivities of people of the culture or religion.\n(2) In subsection (1), a place of cultural or religious significance may\ninclude a place that is not a sacred site as defined in the Aboriginal\nLand Rights (Northern Territory) Act 1976 (Cth).\n","sortOrder":52},{"sectionNumber":"44","sectionType":"section","heading":"Exemptions – age-based benefits","content":"44 Exemptions – age-based benefits\nA person may supply benefits and concessions on the basis of age\nwith respect to a matter that is otherwise prohibited under this\nDivision.\n","sortOrder":53},{"sectionNumber":"45","sectionType":"section","heading":"Exemptions – child to be accompanied by adult","content":"45 Exemptions – child to be accompanied by adult\nA person may require, as a term of supplying goods, services or\nfacilities to a child, that the child be accompanied by an adult if\nthere is a reasonable risk that a child could cause a disruption or\nendanger themselves, or others, if not accompanied by an adult.\n","sortOrder":54},{"sectionNumber":"46","sectionType":"section","heading":"Discrimination in club membership and club activities","content":"46 Discrimination in club membership and club activities\n(1) A club, the committee of management of a club or a member of the\ncommittee of management shall not discriminate against a person\nwho is not a member of the club:\n(a) by failing or refusing to accept the person's application for\nmembership of the club; or\n(b) in refusing or rejecting a person's membership of the club; or\n(c) in the terms and conditions on which the club is prepared to\nadmit the person to membership of the club.\n(2) A club, the committee of management of a club or a member of the\ncommittee of management shall not discriminate against a member\nof the club:\n(a) in the terms and conditions of membership that are afforded to\nthe member; or\n(b) by failing or refusing to accept the member's application for a\nparticular class or type of membership of the club; or\n(c) by failing or refusing to grant the member access, or limiting\nthe member's access, to any benefit provided by the club; or\n\nAnti-Discrimination Act 1992 35\n(d) by depriving the member of membership or varying the terms\nand conditions of membership of the club; or\n(e) by treating the member less favourably in any way in\nconnection with membership of the club.\n","sortOrder":55},{"sectionNumber":"47","sectionType":"section","heading":"Exemptions","content":"47 Exemptions\n(1) A club, the committee of management of a club or a member of the\ncommittee of management may discriminate against applicants for\nmembership of the club who are not members of the group of\npeople with an attribute for whom the club was established if the\nclub operates wholly or mainly:\n(a) to preserve a minority culture; or\n(b) to prevent or reduce disadvantage suffered by, or meet the\nspecial or particular needs of, people of that group.\n(2) A club, the committee of management of a club or a member of the\ncommittee of management may discriminate against a person on\nthe ground of age in membership of the club if the club provides\nassociation wholly or mainly for people of a specific age or age\ngroup.\n(3) A club, the committee of management of a club or a member of the\ncommittee of management may discriminate against a person on\nthe ground of sex:\n(b) if the discrimination occurs in relation to the use or enjoyment\nof a benefit provided by the club where:\n(i) it is not practicable for the benefit to be used or enjoyed\nsimultaneously, or to the same extent, by different\nsexes; and\n(ii) either the same or an equivalent benefit is provided for\nthe use of different sexes separately from each other, or\ndifferent sexes are each entitled to a fair and reasonable\nproportion of the use and enjoyment of the benefit.\n(4) In determining a matter relating to the application of\nsubsection (3)(b) regard must be had to:\n(a) the purposes for which the club is established; and\n(b) the membership of the club, including any class or type of\nmembership; and\n(c) the nature of the benefits provided by the club; and\n\nAnti-Discrimination Act 1992 36\n(d) the opportunities for the use and enjoyment of those benefits\nby different sexes; and\n(e) any other relevant circumstances.\n","sortOrder":56},{"sectionNumber":"48","sectionType":"section","heading":"Discrimination in insurance and superannuation","content":"48 Discrimination in insurance and superannuation\n(1) A person shall not discriminate:\n(a) by failing or refusing to supply insurance or superannuation; or\n(b) in the terms and conditions on which insurance or\nsuperannuation is supplied; or\n(c) in the way in which insurance or superannuation is supplied.\n(2) A person shall not discriminate against another person seeking\nwork with the person in the terms and conditions of work that is\noffered that relate to insurance or superannuation.\n(3) A person shall not discriminate against a worker employed by the\nperson:\n(a) in any variation of the terms and conditions of employment of\nthe worker that relate to insurance or superannuation; or\n(b) in failing or refusing to grant the worker access, or limiting the\nworker's access, to any benefit that relates to insurance or\nsuperannuation; or\n(c) by treating the worker less favourably in any way in\nconnection with insurance or superannuation.\n","sortOrder":57},{"sectionNumber":"49","sectionType":"section","heading":"Exemptions","content":"49 Exemptions\n(1) A person may discriminate against a person with respect to a\nmatter that is otherwise prohibited under this Division if one or more\nof the following is applicable:\n(a) the discrimination happens because of the application of a\nstandard in force under the Superannuation Industry\n(Supervision) Act 1993 (Cth);\n(b) the discrimination is permitted under the Sex Discrimination\nAct 1984 of the Commonwealth;\n\n","sortOrder":58},{"sectionNumber":"Div 8","sectionType":"division","heading":"Administration of laws and government programs","content":"Division 8 Administration of laws and government programs\nAnti-Discrimination Act 1992 37\n(c) the discrimination happens in order to comply with or obtain\nthe benefits of, or to avoid penalties under, any other Act of\nthe Commonwealth;\n(d) the discrimination is based on reasonable actuarial or\nstatistical data from a source on which it is reasonable to rely\nand the discrimination is reasonable having regard to that data\nand other relevant factors;\n(e) if there is no reasonable actuarial or statistical data on which it\nis reasonable to rely, the discrimination is based on other data\non which it is reasonable to rely and the discrimination is\nreasonable having regard to the data and any other relevant\nfactors;\n(f) if there is no reasonable actuarial, statistical or other data on\nwhich it is reasonable to rely, the discrimination is reasonable\nhaving regard to any other relevant factors.\n(2) A person may discriminate in the area of superannuation to the\nextent that the discrimination is based on an existing\nsuperannuation fund condition and relates to a person who became\na member of the fund before the commencement of this Act or not\nmore than 12 months after that commencement.\n(3) In this section, existing superannuation fund condition means a\nsuperannuation fund condition in existence at the commencement\nof this Act.\nDivision 8 Administration of laws and government programs\n","sortOrder":59},{"sectionNumber":"49A","sectionType":"section","heading":"Discrimination in administration of laws and government","content":"49A Discrimination in administration of laws and government\nprograms\n(1) A person who performs any function or exercises any power under\na law of the Territory or for the purposes of a Territory Government\nprogram or has any other responsibility for the administration of a\nlaw of the Territory or the conduct of a Territory Government\nprogram must not discriminate in:\n(a) the performance of the function; or\n(b) the exercise of the power; or\n(c) the carrying out of the responsibility.\nTerritory Government program means a program conducted by\nor on behalf of the Territory Government.\n\nAnti-Discrimination Act 1992 38\n","sortOrder":60},{"sectionNumber":"50","sectionType":"section","heading":"Legal incapacity","content":"50 Legal incapacity\nA person may discriminate against another person who is subject to\na legal incapacity if that incapacity is relevant to the transaction in\nwhich they are involved.\n","sortOrder":61},{"sectionNumber":"51","sectionType":"section","heading":"Religious bodies","content":"51 Religious bodies\nThis Act does not apply to or in relation to:\n(a) the ordination or appointment of priests, ministers of religion or\nmembers of a religious order; or\n(b) the training or education of people seeking ordination or\nappointment as priests, ministers of religion or members of a\nreligious order; or\n(ba) the training or education of people seeking appointment as\nleaders in a religious organisation; or\n(c) the selection or appointment of people to perform functions in\nrelation to, or otherwise participate in, any religious\nobservance or practice; or\n(d) an act by a body established for religious purposes if the act is\ndone as part of any religious observance or practice.\n","sortOrder":62},{"sectionNumber":"52","sectionType":"section","heading":"Charities","content":"52 Charities\n(1) A person:\n(a) may include in a will, deed or other instrument a discriminatory\nprovision that provides for charitable benefits; and\n(b) may do an act that is required to give effect to a provision\nreferred to in paragraph (a).\n(2) In this section, charitable benefits means benefits for purposes\nthat are exclusively charitable according to the law in force in any\npart of Australia.\n\nAnti-Discrimination Act 1992 39\n","sortOrder":63},{"sectionNumber":"53","sectionType":"section","heading":"Acts done in compliance with legislation, etc.","content":"53 Acts done in compliance with legislation, etc.\nNotwithstanding anything to the contrary in this Act, a person may\ndo an act that is necessary to comply with, or is specifically\nauthorised by:\n(a) an Act or regulation of the Territory; or\n(b) an Act or regulation of the Commonwealth; or\n(c) an order of a court or tribunal; or\n(d) an order or award of a court or tribunal having power to fix\nminimum wages and other terms and conditions of\nemployment; or\n(e) an industrial agreement in existence at the commencement of\nthis Act; or\n(f) an order of the Commissioner under this Act; or\n(g) a guideline or code of practice prepared and published by the\nCommissioner under this Act; or\n(h) advice given by the Commissioner under this Act.\n","sortOrder":64},{"sectionNumber":"54","sectionType":"section","heading":"Pregnancy or childbirth","content":"54 Pregnancy or childbirth\nA person (person A) may discriminate against another person\n(person B) by reason only of the fact that person A grants rights\nand privileges to a person (person C) in connection with person C's\npregnancy or childbirth.\n","sortOrder":65},{"sectionNumber":"55","sectionType":"section","heading":"Public health","content":"55 Public health\nA person may discriminate against a person on the ground of\ndisability if the discrimination is reasonably necessary to protect\npublic health.\n","sortOrder":66},{"sectionNumber":"56","sectionType":"section","heading":"Sport","content":"56 Sport\n(1) A person may restrict participation in a competitive sporting activity:\n(a) to persons of a particular sex, if the restriction is reasonable\nhaving regard to the strength, stamina or physique\nrequirements of the activity; or\n(b) to people who can effectively compete; or\n(c) to people of a specified age or age group; or\n\nAnti-Discrimination Act 1992 40\n(d) to people with a general or specific disability.\n(2) Subsection (1)(a) does not apply to a sporting activity for children\nwho have not attained 12 years of age.\n(3) In this section, competitive sporting activity does not include:\n(a) the coaching of people engaged in a sporting activity; or\n(b) the umpiring or refereeing of a sporting activity; or\n(c) the administration of a sporting activity; or\n(d) a prescribed sporting activity.\n","sortOrder":67},{"sectionNumber":"57","sectionType":"section","heading":"Special measures","content":"57 Special measures\n(1) A person may discriminate against a person in a program, plan or\narrangement designed to promote equality of opportunity for a\ngroup of people who are disadvantaged or have a special need\nbecause of an attribute.\n(2) Subsection (1) applies only until equality of opportunity has been\nachieved.\n","sortOrder":68},{"sectionNumber":"58","sectionType":"section","heading":"Accommodating special need unreasonable","content":"58 Accommodating special need unreasonable\n(1) A person may discriminate against another person who has a\nspecial need with respect to a matter that is otherwise prohibited\nunder this Act if:\n(a) the other person would require special services or facilities;\nand\n(b) it is unreasonable to require the person to supply the special\nservices or facilities.\n(2) Whether it is unreasonable to require a person to supply special\nservices or facilities depends on the relevant circumstances of the\ncase including, but not limited to:\n(a) the nature of the special services or facilities; and\n(b) the cost of providing the special services or facilities and the\nnumber of people who would benefit or be disadvantaged; and\n(c) the financial circumstances of the person; and\n(d) the disruption that providing the special services or facilities\nmay cause; and\n\nAnti-Discrimination Act 1992 41\n(e) the nature of any benefit or detriment to all persons\nconcerned.\n","sortOrder":69},{"sectionNumber":"59","sectionType":"section","heading":"Commissioner may grant exemptions","content":"59 Commissioner may grant exemptions\n(1) A person may apply to the Commissioner for an exemption from\nthis Act in respect of discriminatory conduct that would otherwise\ncontravene this Act.\n(2) A person to whom an exemption under this section has been\ngranted may, before the expiration of the exemption, apply to the\nCommissioner for the renewal of the exemption.\n(3) In considering an application under subsection (1) or (2), the\nCommissioner may have regard to:\n(a) the desirability of certain discriminatory conduct being\npermitted to redress the effect of past discrimination; and\n(b) any other factor that the Commissioner considers relevant.\n(4) After considering an application under subsection (1) the\nCommissioner may grant an exemption from this Act in respect of\ndiscriminatory conduct, or may refuse the application.\n(5) The Commissioner:\n(a) may grant an exemption under subsection (4), subject to such\nconditions as the Commissioner thinks fit, for a period of not\nlonger than 3 years; and\n(b) may revoke an exemption granted under subsection (4) on\nbreach of a condition to which the exemption is subject.\n(6) After considering an application under subsection (2) the\nCommissioner may renew the exemption for a further period not\nlonger than 3 years or may refuse to renew the exemption.\n(7) The Commissioner shall cause a notice of the grant, renewal or\nrevocation of an exemption under this section to be published in the\nGazette.\n(8) A notice under subsection (7) of the grant or renewal of an\nexemption shall specify:\n(a) the period for which the exemption is granted or renewed; and\n(b) the conditions, if any, to which the exemption is subject.\n\nAnti-Discrimination Act 1992 42\n(9) If the Commissioner refuses to grant or renew an exemption under\nthis section, the Commissioner shall provide to the applicant a\nwritten statement of the reasons for the refusal.\n","sortOrder":70},{"sectionNumber":"60","sectionType":"section","heading":"Who may complain","content":"60 Who may complain\nSubject to this Act, the following may make a complaint to the\nCommissioner:\n(a) a person aggrieved by prohibited conduct;\n(b) a person, authorised in writing by the Commissioner, on behalf\nof a person referred to in paragraph (a);\n(c) an organisation or body (whether or not incorporated), in\nrelation to systemic discrimination.\n","sortOrder":71},{"sectionNumber":"61","sectionType":"section","heading":"Complaints may be dealt with jointly","content":"61 Complaints may be dealt with jointly\nThe Commissioner may deal with 2 or more complaints jointly if\nthey arise out of substantially the same conduct or systemic\n","sortOrder":72},{"sectionNumber":"62","sectionType":"section","heading":"Authorisation to act for complainant or respondent","content":"62 Authorisation to act for complainant or respondent\n(1) The Commissioner may authorise a person nominated by a\ncomplainant or respondent to act on behalf of the complainant or\nrespondent in any proceedings under this Act in respect of the\ncomplaint, and the person may act accordingly.\n(2) The Commissioner may authorise a person nominated by a\ncomplainant or respondent to accompany the complainant or\nrespondent in any proceedings under this Act in respect of the\ncomplaint and the person may assist the complainant or respondent\nin the proceedings.\n(2A) An authorisation under subsection (1) or (2) may be on any\nconditions the Commissioner considers appropriate.\n\nAnti-Discrimination Act 1992 43\n(3) The Commissioner may withdraw an authorisation under this\nsection if the Commissioner considers it appropriate to do so.\nExample for section 62\nThe Commissioner may authorise a lawyer, guardian, friend or family member to\nact on behalf of the complainant or respondent or to accompany and assist the\ncomplainant or respondent in any proceedings under this Act.\n","sortOrder":73},{"sectionNumber":"62A","sectionType":"section","heading":"Representative complaints","content":"62A Representative complaints\n(1) A representative complaint must allege systemic discrimination.\n(2) A representative complaint is not required to:\n(a) name the individual members of the group who are affected by\nthe systemic discrimination; or\n(b) identify the number of individuals affected by the systemic\n(3) The complainant in a representative complaint is not required to\nobtain the consent of the individuals it alleges are affected by the\nsystemic discrimination.\n(4) Despite sections 66D and 66E, the making of a representative\ncomplaint does not preclude an individual who the complaint\nalleges is affected by the systemic discrimination from making a\n(5) In this section:\norganisation includes an Agency, a body corporate and an\nunincorporated body.\n","sortOrder":74},{"sectionNumber":"62B","sectionType":"section","heading":"Guidelines for representative complaints","content":"62B Guidelines for representative complaints\n(1) The Commissioner may issue guidelines in relation to\nrepresentative complaints.\n(2) Without limiting subsection (1), a guideline may provide for the\nfactors the Commissioner may consider in deciding whether to\naccept or decline a representative complaint.\n","sortOrder":75},{"sectionNumber":"63","sectionType":"section","heading":"Complaint may contain more than one allegation","content":"63 Complaint may contain more than one allegation\nA complaint may contain more than one allegation of prohibited\nconduct or systemic discrimination.\n\nAnti-Discrimination Act 1992 44\n","sortOrder":76},{"sectionNumber":"64","sectionType":"section","heading":"Form of complaint","content":"64 Form of complaint\n(1) A complaint must:\n(a) be in writing; and\n(b) set out in detail the alleged prohibited conduct or systemic\ndiscrimination; and\n(c) so far as practicable, specify the respondent or each\n(d) be lodged with, or sent or transmitted to, the Commissioner.\n(1A) A representative complaint must establish the credentials of the\ncomplainant in representing the group affected by the systemic\n(2) The Commissioner may permit a complainant to amend a complaint\nat any time.\n(3) The Commissioner may, based on information provided in the\ncomplaint or by the complainant, amend the complaint to ensure:\n(a) any alleged contravention of this Act is identified in a concise\nmanner; or\n(b) efficient resolution of the complaint is facilitated.\n","sortOrder":77},{"sectionNumber":"65","sectionType":"section","heading":"Time limit for making complaint","content":"65 Time limit for making complaint\n(1) Subject to subsections (1A) and (2), a complaint must be made not\nlater than 12 months after the alleged prohibited conduct took\n(1A) Subject to subsection (2), a representative complaint must be made\nnot later than 24 months after an instance of the systemic\ndiscrimination alleged in the complaint occurred.\n(2) The Commissioner may accept a complaint after the time referred\nto in subsection (1) or (1A) has expired if the Commissioner is\nsatisfied it is appropriate to do so.\n","sortOrder":78},{"sectionNumber":"66","sectionType":"section","heading":"Commissioner to accept or decline complaint","content":"66 Commissioner to accept or decline complaint\n(1) The Commissioner must, after assessing a complaint, decide to\naccept or decline the complaint:\n(a) for a representative complaint – no later than 90 days after\nreceiving it; or\n\nAnti-Discrimination Act 1992 45\n(b) otherwise – no later than 60 days after receiving it.\n(2) The Commissioner must notify the complainant of the\nCommissioner's decision under subsection (1) as soon as\npracticable after making it.\n","sortOrder":79},{"sectionNumber":"66B","sectionType":"section","heading":"Commissioner may seek response from respondent","content":"66B Commissioner may seek response from respondent\n(1) In assessing the complaint, the Commissioner may request\ninformation in relation to the complaint from a respondent.\n(2) The Commissioner may request information from a respondent if:\n(a) the Commissioner has notified the complainant that the\nCommissioner intends to request the information; and\n(b) the Commissioner believes the respondent's information may\nresult in a resolution of the complaint or for any other reason\nthe Commissioner considers it appropriate to do so.\n","sortOrder":80},{"sectionNumber":"66C","sectionType":"section","heading":"Respondent to be notified if complaint accepted","content":"66C Respondent to be notified if complaint accepted\nIf a complaint is accepted under section 66, the Commissioner\nmust, as soon as practicable after accepting the complaint, notify\nthe respondent in writing of the substance of the complaint.\n","sortOrder":81},{"sectionNumber":"66D","sectionType":"section","heading":"Complaint declined","content":"66D Complaint declined\n(1) If a complaint is declined under section 66:\n(a) the Commissioner must provide the complainant with written\nreasons as to why the complaint was declined; and\n(b) the complaint lapses and the complainant cannot make\nanother complaint in relation to the same conduct.\n(2) Despite subsection (1), the Commissioner may give permission for\na representative complaint declined under section 66 to be made\nagain, if the Commissioner considers it appropriate to do so.\n\nAnti-Discrimination Act 1992 46\n","sortOrder":82},{"sectionNumber":"66E","sectionType":"section","heading":"Commissioner may decline complaint if no further action can","content":"66E Commissioner may decline complaint if no further action can\nbe taken\nThe Commissioner may decline a complaint at any time if the\nCommissioner reasonably believes that no further action can be\ntaken on the complaint.\nExamples for section 66E\nCircumstances when the Commissioner may form the belief that no further action\ncan be taken include the following:\n(a) the complainant has not cooperated with the Commissioner in relation to the\ncomplaint;\n(b) the respondent has gone into liquidation;\n(c) the Commissioner is unable to contact the complainant or the respondent;\n(d) the complainant or the respondent has died.\n","sortOrder":83},{"sectionNumber":"66F","sectionType":"section","heading":"Complaint declined – similar complaints prohibited","content":"66F Complaint declined – similar complaints prohibited\n(1) If the Commissioner declines a complaint under section 66E, the\ncomplainant cannot make another complaint in relation to the same\nconduct, unless the Commissioner gives the complainant\npermission to do so.\n(2) Nothing in this section prevents the Commissioner from evaluating\na complaint to which Division 4 applies under section 83(c) after the\ncomplaint has been declined.\n","sortOrder":84},{"sectionNumber":"67","sectionType":"section","heading":"Commissioner to decline frivolous, etc., complaint","content":"67 Commissioner to decline frivolous, etc., complaint\nThe Commissioner may decline a complaint at any time if the\nCommissioner reasonably believes that the complaint is:\n(a) frivolous or vexatious; or\n(b) trivial; or\n(c) misconceived or lacking in substance; or\n(d) fails to disclose any prohibited conduct or systemic\n\nAnti-Discrimination Act 1992 47\n","sortOrder":85},{"sectionNumber":"68","sectionType":"section","heading":"Commissioner may decline or stay complaint dealt with","content":"68 Commissioner may decline or stay complaint dealt with\nelsewhere\n(1) The Commissioner may decline or stay a complaint at any time if, in\nrelation to the prohibited conduct or systemic discrimination alleged\nin the complaint:\n(a) there is a concurrent proceeding, or has been a finding, in a\ncourt, tribunal or any other public complaints body; or\n(b) the Commissioner reasonably considers the prohibited\nconduct or systemic discrimination has been adequately dealt\nwith by another entity; or\n(c) in the case of an individual complaint that relates to conduct\nthat is the same as an instance of the systemic discrimination\nalleged by a representative complaint – until the\nrepresentative complaint is resolved.\n(2) A time limit for doing anything under this Act in relation to a\ncomplaint does not run while the complaint is stayed under\nsubsection (1).\n","sortOrder":86},{"sectionNumber":"71","sectionType":"section","heading":"Withdrawal of complaint","content":"71 Withdrawal of complaint\n(1) A complainant may, at any time, apply to the Commissioner to\nwithdraw the complaint.\n(2) The Commissioner may, on receipt of an application under\nsubsection (1), investigate the circumstances of the application and,\nif satisfied that the application is made voluntarily, the\nCommissioner shall:\n(a) grant the application and notify the respondent that the\ncomplaint has been withdrawn; and\n(b) with the consent of the complainant and the respondent,\nrecord the terms of any agreement reached between the\ncomplainant and the respondent.\n(3) The withdrawal of a complaint under this section does not prevent\nthe Commissioner evaluating the complaint under Division 4 or\ninvestigating the complaint if permitted by Division 4B.\n(4) Except with the permission of the Commissioner, a complainant\nwho withdraws a complaint under this section shall not make\nanother complaint in relation to the same conduct.\n\nAnti-Discrimination Act 1992 48\n","sortOrder":87},{"sectionNumber":"72","sectionType":"section","heading":"Lapse of complaint if complainant loses interest","content":"72 Lapse of complaint if complainant loses interest\n(1) If the Commissioner is satisfied that a complainant has lost interest\nin continuing with a complaint, the Commissioner shall advise the\ncomplainant in writing that the complaint will lapse unless the\ncomplainant indicates that the complainant wishes to continue with\nit.\n(2) If a complainant, on being advised under subsection (1), does not\ngive an indication within 60 days that the complainant wishes to\ncontinue with the complaint, the complaint lapses and the\nCommissioner shall, as soon as practicable thereafter, notify the\ncomplainant and the respondent that the complaint has lapsed.\n(3) Where a complaint lapses under this section, the complainant shall\nnot make another complaint in relation to the same conduct.\n","sortOrder":88},{"sectionNumber":"73","sectionType":"section","heading":"Commissioner may join person as party","content":"73 Commissioner may join person as party\nThe Commissioner may, by written notice served on a person, join\nthe person as a party to a complaint.\n","sortOrder":89},{"sectionNumber":"78","sectionType":"section","heading":"Conciliation of complaint","content":"78 Conciliation of complaint\n(1) The Commissioner may conduct a conciliation at any time after the\ncomplaint is made.\n(2) The complainant or respondent may attend conciliation in relation to\nthe complaint at any time after the complaint is made.\n","sortOrder":90},{"sectionNumber":"79","sectionType":"section","heading":"Conciliation","content":"79 Conciliation\n(1) The Commissioner may direct a person to take part in a\nconciliation.\n(2) A direction under subsection (1) must be in writing and specify the\ntime when and place where the conciliation will be held.\n(3) A conciliation under this Division must be held in private.\n(4) A person commits an offence if:\n(a) the person is given a direction by the Commissioner under\n(b) the person does not comply with the direction.\nMaximum penalty: 100 penalty units.\n\nAnti-Discrimination Act 1992 49\n(5) Strict liability applies to subsection (4)(b).\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant has a reasonable excuse.\n","sortOrder":91},{"sectionNumber":"80","sectionType":"section","heading":"Failure to attend conciliation","content":"80 Failure to attend conciliation\n(1) If, without reasonable excuse, a party to a complaint does not\ncomply with a direction given under section 79, the Commissioner\nmay, where the party is:\n(a) the complainant, dismiss the complaint and may direct the\ncomplainant to pay to the respondent such costs as the\nCommissioner thinks fit; or\n(b) the respondent, direct the respondent to pay to the\ncomplainant such costs as the Commissioner thinks fit.\n(2) An amount ordered to be paid as costs under this section may be\nregistered as a judgment debt in a court of competent jurisdiction\nand may be recovered accordingly.\n","sortOrder":92},{"sectionNumber":"81","sectionType":"section","heading":"Conclusion of conciliation","content":"81 Conclusion of conciliation\n(1) If a complaint is resolved by conciliation, the Commissioner may,\nwith the consent of the complainant and the respondent, record the\nterms of the agreement reached between the complainant and the\nrespondent and, where the Commissioner does so, the\nCommissioner shall:\n(a) have the agreement signed by the complainant and the\n(b) provide a copy of the agreement to the complainant and the\n(c) notify the complainant and the respondent that proceedings in\nrelation to the complaint have ceased.\n(2) If a complaint is not resolved by conciliation, the Commissioner\nshall notify the complainant and the respondent that conciliation\nproceedings under this Division have ceased.\n(3) If a complaint other than a representative complaint is not resolved\nby conciliation, the complainant may request the Commissioner to\nevaluate the complaint.\n(4) The request must be made within 21 days after receiving the\nCommissioner's notification under subsection (2).\n\nAnti-Discrimination Act 1992 50\n(5) The complainant may apply to the Commissioner for an extension\nof the time in subsection (4) or the Commissioner may extend the\ntime on the Commissioner's own initiative.\n(6) If the complainant does not request the complaint be evaluated, the\ncomplaint lapses and the complainant cannot make a further\ncomplaint in relation to the same conduct.\n","sortOrder":93},{"sectionNumber":"82","sectionType":"section","heading":"Conciliation not admissible","content":"82 Conciliation not admissible\nAnything said, written or done in the course of a conciliation under\nthis Division is not to be taken into account in any other\nproceedings under this Act or any other Act in relation to the\n","sortOrder":94},{"sectionNumber":"82A","sectionType":"section","heading":"Application","content":"82A Application\nThis Division does not apply to a representative complaint.\n","sortOrder":95},{"sectionNumber":"83","sectionType":"section","heading":"Commissioner must evaluate complaint","content":"83 Commissioner must evaluate complaint\n(1) The Commissioner must evaluate a complaint:\n(a) if requested under section 81(3); or\n(b) if requested by the Minister; or\n(c) if the Commissioner considers evaluation of the complaint is\nappropriate.\n(2) The Commissioner may conduct the evaluation in any way the\n(3) Without limiting subsection (2), the Commissioner may adopt any\nfindings or decisions of a court or tribunal that may be relevant to\nthe complaint.\n","sortOrder":96},{"sectionNumber":"84","sectionType":"section","heading":"Documents or information required to be produced or retained","content":"84 Documents or information required to be produced or retained\n(1) In evaluating the complaint, the Commissioner may, in writing,\norder a person to give the Commissioner:\n(a) a document or class of documents as specified in the order; or\n(b) information in the possession of the person relevant to the\nproceedings as specified in the order.\n\nAnti-Discrimination Act 1992 51\n(2) If a document or information is given to the Commissioner under\nsubsection (1), the Commissioner:\n(a) may take possession of, and copy or take extracts from, the\ndocument or information; and\n(b) may give copies or extracts from the document or information\nto the complainant or respondent; and\n(c) may retain possession of the document or information for such\nperiod as is reasonably necessary; and\n(d) may allow a person who, if the document were not in the\npossession of the Commissioner, would be entitled to inspect\nit, to inspect the document at all reasonable times.\n(2A) Without limiting subsection (1) or (2), in evaluating a complaint the\nCommissioner may, in writing, order a person to retain a document\nor class of document specified in the order for a period, of no longer\nthan 6 months, specified in the order.\n(3) A person commits an offence if the person:\n(a) is the subject of an order under subsection (1) or (2A); and\n","sortOrder":97},{"sectionNumber":"85","sectionType":"section","heading":"Witnesses","content":"85 Witnesses\n(1) In evaluating the complaint, the Commissioner may order a person:\n(a) to take an oath before giving evidence before the\nCommissioner; and\n(b) to answer a question asked by the Commissioner.\n(2) A person commits an offence if the person:\n(a) is the subject of an order of the Commissioner under\n\nAnti-Discrimination Act 1992 52\n(2A) An offence against subsection (2) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\n","sortOrder":98},{"sectionNumber":"86","sectionType":"section","heading":"Hearing by Tribunal","content":"86 Hearing by Tribunal\n(1) After evaluating a complaint under section 83, the Commissioner\nmay refer the complaint to the Tribunal if the Commissioner\nbelieves the complaint has a reasonable prospect of success at a\nhearing by the Tribunal.\n(2) The Commissioner must, within 28 days of deciding whether to\nrefer the complaint under subsection (1), give the complainant and\nrespondent to the complaint written notice of:\n(a) the decision; and\n(b) reasons for the decision; and\n(c) if the Commissioner decides not to refer the complaint – the\nfact that the complainant may apply under subsection (4) to\nhave the complaint heard by the Tribunal.\n(3) If the Commissioner refers the complaint to the Tribunal, the\nCommissioner must determine the parties to the complaint.\n(4) If the Commissioner decides not to refer the complaint, the\ncomplainant may, within 21 days after receiving the written notice,\napply to have the complaint heard by the Tribunal.\n","sortOrder":99},{"sectionNumber":"87","sectionType":"section","heading":"Complaint not referred – similar complaints prohibited","content":"87 Complaint not referred – similar complaints prohibited\n(1) This section applies if:\n(a) the Commissioner decides not to refer a complaint to the\nTribunal; and\n(b) the complainant has not applied to have the complaint heard\nby the Tribunal within the time allowed by section 86(4).\n(2) The complaint lapses and the complainant may not make a further\ncomplaint in relation to the same conduct.\n\nAnti-Discrimination Act 1992 53\n","sortOrder":100},{"sectionNumber":"87A","sectionType":"section","heading":"Report of Commissioner to Tribunal","content":"87A Report of Commissioner to Tribunal\n(1) If the Commissioner refers a complaint to the Tribunal under\nsection 86(1), the Commissioner must give a report in relation to\nthe complaint to the Tribunal and the parties within 60 days of\nreferring the complaint.\n(2) If a complainant applies to have the complaint heard by the\nTribunal, the Tribunal may order the Commissioner to give a report\nin relation to the complaint to the Tribunal and the parties within\n60 days of the application.\n(3) The report must include all of the information in relation to the\ncomplaint that the Commissioner reasonably believes will be\nrelevant for the hearing.\n(4) This section does not prevent the Tribunal from taking any other\nevidence in relation to the hearing.\n","sortOrder":101},{"sectionNumber":"87B","sectionType":"section","heading":"Parties to a complaint","content":"87B Parties to a complaint\nDespite section 86(3) and without limiting section 128 of the\nNorthern Territory Civil and Administrative Tribunal Act 2014, the\nTribunal may add, substitute or remove a party to a complaint\nreferred to it.\n","sortOrder":102},{"sectionNumber":"88","sectionType":"section","heading":"Orders after hearing","content":"88 Orders after hearing\n(1) If, after the hearing of a complaint, the Tribunal finds the prohibited\nconduct alleged in the complaint is substantiated, the Tribunal may\nmake one or more of the following orders:\n(a) an order requiring the respondent not to repeat or continue the\nprohibited conduct;\n(b) an order requiring the respondent to pay to the complainant or\nanother person, within a specified period, an amount, being an\namount not more than that prescribed, that the Tribunal\nconsiders appropriate as compensation for loss or damage\ncaused by the prohibited conduct;\n(c) an order requiring the respondent to do specified things to\nredress loss or damage suffered by the complainant or any\nother person because of the prohibited conduct;\n(d) an order declaring void all or part of an agreement made in\nconnection with the prohibited conduct, either from the time\nthe agreement was made or subsequently.\n\nAnti-Discrimination Act 1992 54\n(2) In this section, the specified things a respondent may be required to\ndo, include, but are not limited to the following:\n(a) employing, reinstating or re-employing a person;\n(b) promoting a person;\n(c) moving a person to a specified position within a specified time.\n(3) In this section, damage, in relation to a person, includes the\noffence, embarrassment, humiliation, and intimidation suffered by\nthe person.\n(4) If, after the hearing of a complaint, the Tribunal finds the prohibited\nconduct alleged in the complaint is not substantiated the Tribunal\nshall make an order dismissing the complaint.\n","sortOrder":103},{"sectionNumber":"89","sectionType":"section","heading":"Apologies and retractions","content":"89 Apologies and retractions\n(1) In addition to an order under section 88, the Tribunal may order a\nrespondent to apologise to a complainant or a complainant to\napologise to a respondent and make such retractions as the\nTribunal considers appropriate.\n(2) For the purposes of subsection (1), the Tribunal may order an\napology or retraction to be published or made in such manner as\nthe Tribunal thinks fit.\n","sortOrder":104},{"sectionNumber":"89A","sectionType":"section","heading":"Commissioner must investigate complaint","content":"89A Commissioner must investigate complaint\n(1) The Commissioner must investigate a representative complaint if\nthe Commissioner considers it appropriate to do so.\n(2) The Commissioner may conduct the investigation in any way the\n","sortOrder":105},{"sectionNumber":"89B","sectionType":"section","heading":"Report of investigation","content":"89B Report of investigation\n(1) After investigating a representative complaint, the Commissioner\nmay make a report on the outcome of the investigation of the\n(2) The report may include:\n(a) an opinion of the Commissioner about whether systemic\ndiscrimination has occurred or may occur; and\n\nAnti-Discrimination Act 1992 55\n(b) recommendations to address the systemic discrimination.\nExamples for subsection (2)(b)\nA recommendation that an organisation review a policy or program, implement\nspecific policies or programs to eliminate discrimination, conduct specific\nanti-discrimination training or make a public announcement to explain actions the\norganisation proposes to take.\n(3) The Commissioner may publish the report.\n(4) Before publishing a report, the Commissioner must give any person\nor organisation adversely mentioned in the report a reasonable\nopportunity to respond to the report.\n(5) The Minister must table a published report in relation to a\nrepresentative complaint, in which an Agency or another public\nsector body is a respondent, in the Legislative Assembly within\n6 sitting days after publication.\n(6) A report may be:\n(a) referred to in making an individual complaint; or\n(b) taken into account by the Tribunal in relation to an individual\ncomplaint referred to the Tribunal.\n","sortOrder":106},{"sectionNumber":"90","sectionType":"section","heading":"Conduct of proceedings","content":"90 Conduct of proceedings\nIn the conduct of proceedings under this Act, the Tribunal:\n(a) is not bound by the rules of evidence and the Tribunal may\nobtain information on any matter as the Tribunal considers\nappropriate; and\n(b) shall act according to equity, good conscience and the\nsubstantial merits of the case without regard to technicalities\nand legal forms; and\n(c) may give directions relating to procedure that, in the Tribunal's\nopinion, will enable costs or delay to be reduced and will help\nto achieve a prompt hearing of the matters at issue between\nthe parties; and\n(d) may draw conclusions of fact from any proceeding before a\ncourt or tribunal; and\n(e) may adopt any findings or decisions of a court or tribunal that\nmay be relevant to the proceedings; and\n\nAnti-Discrimination Act 1992 56\n(f) may conduct proceedings in the absence of a party who was\ngiven reasonable notice to attend but failed to do so without\nreasonable excuse.\n","sortOrder":107},{"sectionNumber":"91","sectionType":"section","heading":"Burden and standard of proof","content":"91 Burden and standard of proof\n(1) Subject to this section, it is for the complainant to prove, on the\nbalance of probabilities, that the prohibited conduct or systemic\ndiscrimination alleged in the complaint is substantiated.\n(2) Where a respondent wishes to rely on an exemption, it is for the\nrespondent to raise and prove, on the balance of probabilities, that\nthe exemption applies.\n","sortOrder":108},{"sectionNumber":"94","sectionType":"section","heading":"Legal practitioner may assist Commissioner","content":"94 Legal practitioner may assist Commissioner\n(1) The Commissioner may make arrangements for a legal practitioner\nto appear at proceedings under this Act to assist the Commissioner.\n(2) A legal practitioner assisting the Commissioner under this section is\nsubject to the Commissioner's direction and control.\n","sortOrder":109},{"sectionNumber":"97","sectionType":"section","heading":"Unincorporated association represented by committee","content":"97 Unincorporated association represented by committee\nmember\n(1) If proceedings under this Act involve an unincorporated association:\n(a) the president; or\n(b) the secretary; or\n(c) a member of the committee of management,\nof the association at the time the alleged prohibited conduct to\nwhich the proceedings relate occurred, and who is specified in the\ncomplaint, is the nominal party.\n(2) Where a document or notice is required to be served on or given to\nan unincorporated association under this Act it may be given to or\nserved on the nominal party.\n","sortOrder":110},{"sectionNumber":"98","sectionType":"section","heading":"Actuarial or statistical data","content":"98 Actuarial or statistical data\n(1) If a person has done an act of discrimination that would, but for\nsection 49, be unlawful, the Commissioner may by notice in writing\nrequire the person, not later than 21 days after service of the notice,\nto give the Commissioner the actuarial or statistical data or the\nsource of the data on which the act of discrimination was based.\n\nAnti-Discrimination Act 1992 57\n(2) A person commits an offence if:\n(a) the person is served with a notice under subsection (1); and\n(b) the person fails to comply with the notice.\nMaximum penalty: 100 penalty units.\n(3) An offence against subsection (2) is an offence of strict liability.\n(4) It is a defence to a prosecution for an offence against\n","sortOrder":111},{"sectionNumber":"100","sectionType":"section","heading":"Anonymity","content":"100 Anonymity\n(1) If the Commissioner considers that the preservation of anonymity of\na person who is, or has been, involved in proceedings under this\nAct is necessary to protect the work security, privacy or any human\nright of the person, the Commissioner may make an order\nprohibiting the disclosure of the person's identity.\n(2) In this section, a reference to involvement in proceedings under this\nAct includes:\n(a) making a complaint and continuing with the complaint,\nwhether by investigation, conciliation or hearing; and\n(ab) being an individual alleged to be affected by systemic\ndiscrimination in a representative complaint; and\n(b) being a respondent to a complaint; and\n(c) involvement in a prosecution for an offence against this Act;\nand\n(d) supplying information and producing documents to a person\nwho is performing a function under this Act; and\n(e) appearing as a witness in proceedings under this Act.\n(3) A person commits an offence if:\n(a) the person is the subject of an order of the Commissioner\nunder subsection (1); and\n(b) the person fails to comply with the order.\n\nAnti-Discrimination Act 1992 58\n","sortOrder":112},{"sectionNumber":"101","sectionType":"section","heading":"Interim orders","content":"101 Interim orders\n(1) Subject to subsection (2), the Commissioner may, at any stage in a\nproceeding under this Act in relation to a complaint prior to the\ncomplaint being referred to the Tribunal, make an interim order\npending the completion of the proceedings to preserve:\n(a) the status quo between the parties to the complaint; or\n(b) the rights of the parties to the complaint; or\n(c) the status quo between the parties to the complaint as existing\nbefore the prohibited conduct alleged in the complaint took\n(2) The Commissioner shall not make an order under subsection (1)\nunless the Commissioner has given the parties to the complaint an\nopportunity to be heard and has taken into account the\nsubmissions, if any, put to the Commissioner by the parties.\n(3) A person commits an offence if:\n(a) the person is the subject of an order of the Commissioner\nunder subsection (1); and\n(b) the person fails to comply with the order.\n","sortOrder":113},{"sectionNumber":"102","sectionType":"section","heading":"Duty under Part 2A may be considered in conciliation or","content":"102 Duty under Part 2A may be considered in conciliation or\nevaluation\nIn conducting a conciliation or an evaluation of a complaint, the\nCommissioner may consider whether the duty under Part 2A has\nbeen complied with.\n","sortOrder":114},{"sectionNumber":"105","sectionType":"section","heading":"Vicarious liability","content":"105 Vicarious liability\n(1) If:\n(a) a worker of a person does an act in connection with the\nperson's work that is unlawful under this Act; or\n\nAnti-Discrimination Act 1992 59\n(b) an agent of a person does an act in connection with the\nperson's duties as an agent that is unlawful under this Act,\nthis Act applies in relation to the person as if the person had also\ndone the act.\n(2) Subsection (1) does not apply if the person shows that the person\ntook all reasonable steps to prevent the worker or agent from doing\nthe act referred to in that subsection.\n(3) For the purposes of subsection (2) and without limiting the matters\nthat may be taken into account in determining whether the person\nhas taken all reasonable steps, the following matters are to be\nconsidered:\n(a) the provision of anti-discrimination training by the person;\n(b) the development and implementation of an equal employment\nopportunity management plan by the person;\n(c) the publication of an anti-discrimination policy by the person;\n(d) the financial circumstances of the person;\n(e) the number of workers and agents of the person.\n(4) If, after the hearing of a complaint, the Tribunal finds that prohibited\nconduct alleged in the complaint is substantiated in respect of an\nact that a person is taken to have done under subsection (1), the\nTribunal must, before making an order that an amount be paid to\nthe complainant for loss or damage caused by the prohibited\nconduct:\n(a) consider the extent of steps taken by the person to prevent the\nprohibited conduct; and\n(b) take those steps into consideration in determining the\nproportion of the amount to be paid to the complainant by the\nperson.\n","sortOrder":115},{"sectionNumber":"106","sectionType":"section","heading":"Appeals against decision of Tribunal","content":"106 Appeals against decision of Tribunal\n(1) The following persons may appeal to the Supreme Court against a\ndecision or order of the Tribunal:\n(a) a party aggrieved by the decision or order of the Tribunal; or\n\nAnti-Discrimination Act 1992 60\n(b) the Commissioner.\n(2) An appeal may be on a question of law or fact or law and fact and\nmust be made:\n(a) within 28 days after the day on which the decision or order\nwas made; or\n(b) if the Tribunal did not give written reasons at the time the\ndecision or order was made, and the party making the appeal\nsubsequently requests the Tribunal to do so, not later than\n28 days after the day on which the party received the reasons\nin writing.\n","sortOrder":116},{"sectionNumber":"107","sectionType":"section","heading":"Powers of Supreme Court","content":"107 Powers of Supreme Court\nThe Supreme Court, on hearing an appeal under this Part, may do\none or more of the following:\n(a) affirm or vary the decision or order appealed against;\n(b) quash the decision or order appealed against and substitute\nany decision or order that the Tribunal may make under this\nAct;\n(c) remit the matter to the Tribunal for further hearing or\nconsideration, or for rehearing;\n(d) make such other orders (including as to costs) as the Court\nconsiders appropriate.\n","sortOrder":117},{"sectionNumber":"107A","sectionType":"section","heading":"Documents or information required to be produced or retained","content":"107A Documents or information required to be produced or retained\n(1) In conducting an investigation under this Act, the Commissioner\nmay, in writing, order a person to give the Commissioner:\n(a) a document or class of documents as specified in the order; or\n(b) information in the possession of the person relevant to the\nproceedings as specified in the order.\n(2) If a document or information is given to the Commissioner under\nsubsection (1), the Commissioner:\n(a) may take possession of, and copy or take extracts from, the\ndocument or information; and\n\nAnti-Discrimination Act 1992 61\n(b) may give copies or extracts from the document or information\nto the complainant or respondent; and\n(c) may retain possession of the document or information for such\nperiod as is reasonably necessary; and\n(d) may allow a person who, if the document were not in the\npossession of the Commissioner, would be entitled to inspect\nit, to inspect the document at all reasonable times.\n(3) Without limiting subsections (1) and (2), in conducting an\ninvestigation the Commissioner may, in writing, order a person to\nretain a document or class of document specified in the order for a\nperiod, of no longer than 6 months, specified in the order.\n(4) A person commits an offence if the person:\n(a) is the subject of an order under subsection (1) or (3); and\n(5) An offence against subsection (4) is an offence of strict liability.\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant has a reasonable excuse.\n","sortOrder":118},{"sectionNumber":"107B","sectionType":"section","heading":"Witnesses","content":"107B Witnesses\n(1) In conducting an investigation under this Act, the Commissioner\nmay order a person:\n(a) to take an oath before giving evidence before the\nCommissioner; and\n(b) to answer a question asked by the Commissioner.\n(2) A person commits an offence if the person:\n(a) is the subject of an order of the Commissioner under\n(3) An offence against subsection (2) is an offence of strict liability.\n\nAnti-Discrimination Act 1992 62\n(4) It is a defence to a prosecution for an offence against\n","sortOrder":119},{"sectionNumber":"108","sectionType":"section","heading":"Confidentiality of information","content":"108 Confidentiality of information\n(a) the person obtains information in the course of performing\nfunctions connected with the administration of this Act; and\n(b) the person engages in conduct that results in the disclosure of\nthe information.\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n(3) Subsection (1) does not apply if:\n(a) the person discloses the information:\n(i) for the administration of this Act; or\n(ii) with the consent of the person to whom the information\nrelates; or\n(iii) for legal proceedings arising out of the operation of this\nAct; or\n(b) the information is otherwise available to the public.\nNote for subsection (3)\nIn addition to the circumstances mentioned in subsection (3), a person who\ndiscloses confidential information will not be criminally responsible for an offence\nif the disclosure is justified or excused by or under a law (see section 43BE of the\nCriminal Code).\n","sortOrder":120},{"sectionNumber":"109","sectionType":"section","heading":"Discriminatory advertising prohibited","content":"109 Discriminatory advertising prohibited\n(a) the person publishes an advertisement; and\n(b) the advertisement contains prohibited conduct or an intention\nto engage in prohibited conduct.\n2 years.\n\nAnti-Discrimination Act 1992 63\n(2) A prosecution for an offence against subsection (1) must not be\ncommenced or continued if a complaint has been made in respect\nof the advertisement and:\n(a) the complaint has lapsed; or\n(b) the complaint has been withdrawn; or\n(c) the Commissioner has decided not to refer the complaint\nunder section 86 and the time allowed for the complainant to\napply to have the complaint heard by the Tribunal has expired;\nor\n(d) the person alleged to have committed the offence has\ncomplied with an agreement or order made in respect of the\ncomplaint by the time specified by the agreement or order.\n(3) Subsection (1) does not apply if the publication is authorised by the\nCommissioner.\npublish includes cause or authorise to be published.\n","sortOrder":121},{"sectionNumber":"109A","sectionType":"section","heading":"Inducement to publish advertisement","content":"109A Inducement to publish advertisement\n(a) the person makes a statement to another person; and\n(b) the person knows the statement is misleading; and\n(c) in making the statement, the person intends to induce the\nother person to publish or display an advertisement; and\n(d) the advertisement would contain prohibited conduct or an\nintention to engage in prohibited conduct.\nmisleading, in relation to a statement, means a statement that is\nmisleading in a material particular or because of the omission of a\nmaterial particular.\n","sortOrder":122},{"sectionNumber":"110","sectionType":"section","heading":"Obstruction","content":"110 Obstruction\n(a) the person intentionally obstructs another person; and\n\nAnti-Discrimination Act 1992 64\n(b) the other person is acting in an official capacity and the person\n12 months.\nobstruct includes hinder and resist.\n","sortOrder":123},{"sectionNumber":"110A","sectionType":"section","heading":"Misleading information","content":"110A Misleading information\n(a) the person intentionally gives information to another person;\nand\n(b) the information is misleading and the person has knowledge of\nthat circumstance; and\n(c) the other person is acting in an official capacity and the person\n(2) A person commits an offence if:\n(a) the person intentionally gives a document to another person;\nand\n(b) the document contains misleading information and the person\nhas knowledge of that circumstance; and\n(c) the other person is acting in an official capacity and the person\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) or (2) if the defendant, when giving the information or\ndocument:\n(a) draws the misleading aspect of the information or document to\nthe person's attention; and\n\nAnti-Discrimination Act 1992 65\n(b) to the extent to which the defendant can reasonably do so –\ngives the person the information necessary to remedy the\nmisleading aspect of the information or document.\nNote for subsection (3)\nThe defendant has an evidential burden in relation to the matters mentioned (see\nsection 43BU of the Criminal Code).\n","sortOrder":124},{"sectionNumber":"110B","sectionType":"section","heading":"Commissioner may accept enforceable undertaking","content":"110B Commissioner may accept enforceable undertaking\n(1) The Commissioner may accept an enforceable undertaking, to take\nspecified action required to comply with this Act, made by:\n(a) a respondent to a representative complaint; or\n(b) a person in relation to compliance with the duty imposed by\nPart 2A.\n(2) An enforceable undertaking must be in writing and signed by the\nCommissioner and the person making the undertaking.\n","sortOrder":125},{"sectionNumber":"110C","sectionType":"section","heading":"Enforcement orders","content":"110C Enforcement orders\n(1) The Commissioner may apply to the Local Court for an\nenforcement order if the Commissioner considers that the person\nwho gave an enforceable undertaking has contravened it.\n(2) The Local Court may make any of the following enforcement orders\nif the Local Court is satisfied that the person who gave the\nenforceable undertaking has contravened it:\n(a) an order directing the person to comply with the enforceable\nundertaking;\n(b) an order directing the person to do any specified act or thing\nfor the purpose of complying with the enforceable undertaking;\n(c) an order revoking the enforceable undertaking;\n(d) any other order the Local Court considers appropriate in the\ncircumstances.\n","sortOrder":126},{"sectionNumber":"112","sectionType":"section","heading":"Commencement of proceedings for offences","content":"112 Commencement of proceedings for offences\nA prosecution for an offence against this Act shall be commenced\nnot later than:\n(a) 12 months after the offence was committed; or\n(b) 6 months after the offence comes to the Commissioner's\nknowledge,\n\nAnti-Discrimination Act 1992 66\nwhichever period ends last, but a prosecution shall not be\ncommenced more than 2 years after the offence is committed.\n","sortOrder":127},{"sectionNumber":"113","sectionType":"section","heading":"Protection from legal proceedings","content":"113 Protection from legal proceedings\n(1) No action or proceedings, whether civil or criminal, shall be\ncommenced or continue against a person for or in relation to an act,\nomission or thing done in good faith by the person in the\nperformance or exercise, or purported performance or exercise, of\na function or power under this Act.\n(2) No action or proceeding, whether civil or criminal, shall be\ncommenced or continue against a person in respect of any loss or\ndamage suffered by another person by reason only that the person:\n(a) lodged a complaint; or\n(b) provided information or evidence to the Commissioner or the\nTribunal.\n","sortOrder":128},{"sectionNumber":"114","sectionType":"section","heading":"Self incrimination","content":"114 Self incrimination\nIt is not a reasonable excuse for the purposes of section 85(2)\nor 107B(2) for a person to refuse or fail to give evidence or\ninformation or to provide a document to the Commissioner that the\ngiving of the evidence or information or the providing of the\ndocument might incriminate the person, but the evidence,\ninformation or document is not admissible in evidence against the\nperson in any civil or criminal proceeding before a court, other than\na proceeding for an offence under section 110.\n","sortOrder":129},{"sectionNumber":"115","sectionType":"section","heading":"Service of document","content":"115 Service of document\nA notice or document required to be served on or given to a person\nunder this Act may be served or given:\n(a) by delivering it to the person; or\n(b) by posting it to the person at the person's place of residence\nor business; or\n(ba) by sending it to the person's email address; or\n(c) by leaving it at the person's place of residence or business\nwith a person who is apparently over the age of 16 years and\nliving or working there.\n\n","sortOrder":130},{"sectionNumber":"Part 9","sectionType":"part","heading":"Transitional matters for Justice Legislation Amendment Act 2015","content":"Part 9 Transitional matters for Justice Legislation Amendment Act 2015\nAnti-Discrimination Act 1992 67\n","sortOrder":131},{"sectionNumber":"116","sectionType":"section","heading":"Non-application of Act","content":"116 Non-application of Act\n(1) This Act does not apply to prohibited conduct which took place\nbefore the commencement of this Act.\n(2) Subsection (1) does not prevent evidence of conduct which took\nplace or practices which were used before the commencement of\nthis Act being taken into account in determining whether a person\nhas been subjected to prohibited conduct.\n","sortOrder":132},{"sectionNumber":"117","sectionType":"section","heading":"Regulations","content":"117 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) Without limiting the generality of subsection (1), the Regulations\nmay make provision exempting persons, activities or things from\nthe operation of this Act or specified provisions of this Act.\nPart 9 Transitional matters for Justice Legislation\nAmendment Act 2015\n","sortOrder":133},{"sectionNumber":"118","sectionType":"section","heading":"Definitions","content":"118 Definitions\ncommencement means the day on which Part 2 of the Justice\nLegislation Amendment Act 2015 commences.\n","sortOrder":134},{"sectionNumber":"119","sectionType":"section","heading":"Complaint made before commencement","content":"119 Complaint made before commencement\nThis Act, as in force before the commencement, continues to apply\nin relation to a complaint if the complaint was made before the\n","sortOrder":135},{"sectionNumber":"120","sectionType":"section","heading":"Offence provisions – before and after commencement","content":"120 Offence provisions – before and after commencement\n(1) The offence provisions, as amended by the Justice Legislation\nAmendment Act 2015, apply only in relation to offences committed\nafter the commencement.\n(2) The offence provisions, as in force before the commencement,\ncontinue to apply in relation to offences committed on or before the\n\n","sortOrder":136},{"sectionNumber":"Part 10","sectionType":"part","heading":"Transitional matters for Anti-Discrimination Amendment Act 2022","content":"Part 10 Transitional matters for Anti-Discrimination Amendment Act 2022\nAnti-Discrimination Act 1992 68\n(3) For this section, if any of the conduct constituting an offence\noccurred on or before the commencement, the offence is taken to\nhave been committed on or before the commencement.\n(4) Subsection (3) does not apply in relation to an offence under\nsection 108 if the only conduct that occurred before the\ncommencement was the conduct referred to in section 108(1)(a).\n(5) In this section:\noffence provisions means the provisions of this Act that create or\nrelate to offences (including in relation to criminal responsibility,\ndefences and penalties).\nPart 10 Transitional matters for Anti-Discrimination\nAmendment Act 2022\n","sortOrder":137},{"sectionNumber":"121","sectionType":"section","heading":"Definitions","content":"121 Definitions\namending Act means the Anti-Discrimination Amendment\nAct 2022.\ncommencement means the commencement of section 3 of the\namending Act.\noffence provisions means the provisions of this Act that create or\nrelate to offences (including in relation to criminal responsibility,\ndefences and penalties).\n","sortOrder":138},{"sectionNumber":"122","sectionType":"section","heading":"Complaint made before commencement","content":"122 Complaint made before commencement\nThis Act, as in force before the commencement, continues to apply\nin relation to a complaint that was made before the\n","sortOrder":139},{"sectionNumber":"123","sectionType":"section","heading":"Application of amendments","content":"123 Application of amendments\n(1) The amendments made by the amending Act do not apply to\nprohibited conduct or systemic discrimination that took place before\nthe commencement.\n(2) Subsection (1) does not prevent evidence of conduct that took\nplace or practices that were used before the commencement being\ntaken into account in determining whether prohibited conduct or\nsystemic discrimination occurs after the commencement.\n\nPart 11 Transitional matters for Anti-Discrimination Amendment Act 2025\nDivision 2 Amendments commencing on day after assent\nAnti-Discrimination Act 1992 69\n124 Offence provisions – before commencement\n(1) The offence provisions, as amended by the amending Act, do not\napply to offences committed before the commencement.\n(2) For subsection (1), if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\nPart 11 Transitional matters for Anti-Discrimination\nAmendment Act 2025\nDivision 1 Preliminary matters\n125 Definition\namending Act means the Anti-Discrimination Amendment\nAct 2025.\n","sortOrder":140},{"sectionNumber":"Div 2","sectionType":"division","heading":"Amendments commencing on day after assent","content":"Division 2 Amendments commencing on day after assent\n","sortOrder":141},{"sectionNumber":"126","sectionType":"section","heading":"Application of amendments to section 20A","content":"126 Application of amendments to section 20A\n(1) Despite the amendment of section 20A by the amending Act:\n(a) that section, as in force immediately before the\ncommencement, continues to apply in relation to a complaint\nmade after the commencement about an act done before the\ncommencement; and\n(b) the 12-month limitation period in section 65(1) continues to\napply in relation to a complaint referred to in paragraph (a).\n(2) The Commissioner's power in section 65(2) does not apply to a\ncomplaint referred to in subsection (1).\n(3) In this section:\ncommencement means the commencement of section 4 of the\namending Act.\n","sortOrder":142},{"sectionNumber":"127","sectionType":"section","heading":"Application of section 35B","content":"127 Application of section 35B\nSection 35B does not apply in respect of any person who works for\nan educational institution at the time section 5 of the amending Act\ncommences.\n\nAnti-Discrimination Act 1992 70\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nAnti-Discrimination Act 1992 (Act No. 80, 1992)\nAssent date 18 December 1992\nCommenced 1 August 1993 (Gaz G30, 28 July 1993, p 2)\nPublic Sector Employment and Management (Consequential Amendments) Act 1993\n(Act No. 28, 1993)\nAssent date 30 June 1993\nCommenced 1 July 1993 (s 2, s 2 Public Sector Employment and\nManagement Act 1993 (Act No. 11, 1993) and Gaz S53,\n29 June 1993)\nAnti-Discrimination Amendment Act 1994 (Act No. 68, 1994)\nAssent date 15 December 1994\nCommenced 22 November 1994 (s 2)\nStatute Law Revision Act 1995 (Act No. 14, 1995)\nAssent date 23 June 1995\nCommenced 23 June 1995\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995)\nand Gaz S15, 13 June 1996)\nAnti-Discrimination Amendment Act 1996 (Act No. 45, 1996)\nAssent date 22 October 1996\nCommenced 22 October 1996\nAnti-Discrimination Amendment Act (No. 2) 1996 (Act No. 58, 1996)\nAssent date 16 December 1996\nCommenced 16 December 1996\n\nAnti-Discrimination Act 1992 71\nAnti-Discrimination Amendment Act 1999 (Act No. 31, 1999)\nAssent date 18 June 1999\nCommenced 18 June 1999\nAnti-Discrimination Amendment Act 2002 (Act No. 7, 2002)\nAssent date 28 March 2002\nCommenced 24 April 2002 (Gaz G16, 24 April 2002, p 3)\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2003\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nJustice Legislation Amendment Act 2007 (Act No. 5, 2007)\nAssent date 24 April 2007\nCommenced s 37 (exc amd of Criminal Code and Legal Profession\nAct 2006): 1 May 2007 (s 2(1), s 2 Victims of Crime\nAssistance Act 2006 (Act No. 15, 2006) and Gaz G17,\n26 April 2007, p 7); rem: 24 April 2007\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nStatute Law Revision Act 2010 (Act No. 29, 2010)\nAssent date 9 September 2010\nCommenced 13 October 2010 (Gaz G41, 13 October 2010, p 2)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014,\n(s 2)\nJustice Legislation Amendment Act 2015 (Act No. 14, 2015)\nAssent date 22 May 2015\nCommenced pts 4, 6, 7 and 9: 1 June 2015; rem: 1 July 2015 (Gaz S53,\n29 May 2015, p 1)\nFines and Penalties (Recovery) Amendment Act 2015 (Act No. 24, 2015)\nAssent date 18 September 2015\nCommenced 6 October 2015 (Gaz S100, 6 October 2015)\nExpungement of Historical Homosexual Offence Records Act 2018 (Act No. 8, 2018)\nAssent date 23 May 2018\nCommenced 14 November 2018 (Gaz G46, 14 November 2018, p 1)\n\nAnti-Discrimination Act 1992 72\nAnti-Discrimination Amendment Act 2022 (Act No. 26, 2022)\nAssent date 9 December 2022\nCommenced ss 8, 9, 26 to 31, 33 to 35, 40, 42 and 44: 2 January 2024;\nrem: 3 July 2023 (Gaz G11, 25 May 2023, p 1)\nCriminal Code Amendment (Age of Criminal Responsibility) Act 2022 (Act No. 30, 2022)\nAssent date 16 December 2022\nCommenced 1 August 2023 (Gaz S50, 24 July 2023)\nAnti-Discrimination Amendment Act 2025 (Act No. 27, 2025)\nAssent date 30 October 2025\nCommenced pt 3: nc; rem: 31 October 2025 (s 2(1))\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 4 Anti-Discrimination Amendment Act 1994 (Act No. 68, 1994)\ns 3 Anti-Discrimination Amendment Act 1999 (Act No. 31, 1999)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 9, 12 and 19.\n5 LIST OF AMENDMENTS\ns 3 amd No. 29, 2010, s 7; No. 26, 2022, s 4\ns 4 amd No. 68, 1994, s 3; No. 17, 1996, s 6; No. 1, 2004, s 20; No. 25, 2009,\ns 10; No. 29, 2010, s 7; No. 19, 2014, s26; No. 14, 2015, s 4; No. 8, 2018,\ns 33; No. 26, 2022, s 5; No. 30, 2022, s 8\ns 4A ins No. 26, 2022, s 6\ns 5A ins No. 14, 2015, s 5\ns 6 amd No. 26, 2022, s 7\ns 9 amd No. 28, 1993, s 3; No. 17, 1996, s 6; No. 29, 2010, s 7\ns 12 amd No. 28, 1993, s 3\ns 13 amd No. 25, 2009, s 10; No. 19, 2014, s26; No. 14, 2015, s 6; No. 26, 2022,\ns 8\ns 15 sub No. 14, 2015, s 7\ns 18 amd No. 14, 2015, s 8\npt 2A hdg ins No. 26, 2022, s 9\nss 18A – 18D ins No. 26, 2022, s 9\ns 19 amd No. 24, 2015, s 23; No. 26, 2022, s 10\ns 20 amd No. 29, 2010, s 7\ns 20A ins No. 26, 2022, s 11\namd No. 27, 2025, s 4\ns 20B ins No. 26, 2022, s 11\ns 21 sub No. 26, 2022, s 11\ns 22 amd No. 29, 2010, s 7; No. 26, 2022, s 12\ns 23 amd No. 29, 2010, s 7\ns 24 amd No. 29, 2010, s 7; No. 26, 2022, s 13\ns 26 amd No. 29, 2010, s 7; No. 14, 2015, s 9\ns 28 amd No. 29, 2010, s 7; No. 26, 2022, s 14\ns 29 amd No. 29, 2010, s 7\n\nAnti-Discrimination Act 1992 73\ns 30 sub No. 1, 2004, s 21\namd No. 26, 2022, s 15\nss 31 – 34 amd No. 29, 2010, s 7\ns 35 amd No. 26, 2022, s 47\ns 35A ins No. 26, 2022, s 16\ns 35B ins No. 27, 2025, s 5\ns 37 sub No. 1, 2004, s 22\ns 37A ins No. 1, 2004, s 22\nrep No. 26, 2022, s 17\ns 38 amd No. 29, 2010, s 7\ns 39 amd No. 29, 2010, s 7; No. 26, 2022, s 47\ns 40 amd No. 1, 2004, s 23; No. 26, 2022, s 18\ns 41 amd No. 5, 2007, s 6; No. 29, 2010, s 7\nsub No. 26, 2022, s 19\ns 43 amd No. 26, 2022, s 20\ns 45 amd No. 26, 2022, s 47\ns 46 amd No. 29, 2010, s 7\ns 47 amd No. 29, 2010, s 7; No. 26, 2022, s 21\ns 48 amd No. 29, 2010, s 7\ns 49 amd No. 26, 2022, s 47\npt 4\ndiv 8 hdg ins No. 26, 2022, s 22\nss 49A ins No. 26, 2022, s 22\ns 51 amd No. 1, 2004, s 24; No. 29, 2010, s 7; No. 26, 2022, s 23\ns 53 amd No. 29, 2010, s 7; No. 26, 2022, s 47\ns 54 sub No. 26, 2022, s 24\ns 55 amd No. 26, 2022, s 47\ns 56 amd No. 29, 2010, s 7; No. 26, 2022, s 25\ns 58 amd No. 29, 2010, s 7\ns 60 sub No. 26, 2022, s 26\ns 61 amd No. 26, 2022, s 47\ns 62 amd No. 14, 2015, s 10\nss 62A – 62B ins No. 26, 2022, s 27\ns 63 amd No. 26, 2022, s 47\ns 64 amd No. 29, 2010, s 7; No. 26, 2022, s 28\ns 65 amd No. 14, 2015, s 11; No. 26, 2022, s 29\ns 66 amd No. 14, 2015, s 12\nsub No. 26, 2022, s 30\ns 66A ins No. 14, 2015, s 13\nrep No. 26, 2022, s 30\nss 66B – 66C ins No. 14, 2015, s 13\ns 66D ins No. 14, 2015, s 13\namd No. 26, 2022, s 31\ns 66E ins No. 14, 2015, s 13\namd No. 26, 2022, s 47\ns 66F ins No. 14, 2015, s 13\namd No. 26, 2022, s 32\ns 67 amd No. 29, 2010, s 7; No. 14, 2015, s 14; No. 26, 2022, s 47\ns 68 amd No. 14, 2015, s 15; No. 26, 2022, s 33\nss 69 – 70 rep No. 14, 2015, s 16\ns 71 amd No. 14, 2015, s 17; No. 26, 2022, s 34\npt 6\ndiv 2 hdg rep No. 14, 2015, s 18\ns 74 amd No. 29, 2010, s 7\nrep No. 14, 2015, s 18\nss 75 – 77 rep No. 14, 2015, s 18\ns 78 sub No. 14, 2015, s 19\n\nAnti-Discrimination Act 1992 74\ns 79 amd No. 12, 2010, s 3\nsub No. 14, 2015, s 19\ns 80 amd No. 14, 2015, s 20\ns 81 amd No. 14, 2015, s 21; No. 26, 2022, s 47\ns 82 amd No. 14, 2015, s 22\ns 82A ins No. 26, 2022, s 35\npt 6\ndiv 4 hdg amd No. 14, 2015, s 23\ns 83 amd No. 29, 2010, s 7\nsub No. 14, 2015, s 24\namd No. 26, 2022, s 36\ns 84 sub No. 14, 2015, s 24\namd No. 26, 2022, s 37\ns 85 amd No. 45, 1996, s 2; No. 31, 1999, s 2\nsub No. 14, 2015, s 24\namd No. 26, 2022, s 38\npt 6\ndiv 4A hdg ins No. 14, 2015, s 24\nss 86 – 87 sub No. 14, 2015, s 24\ns 87A ins No. 14, 2015, s 24\ns 87B ins No. 26, 2022, s 39\ns 88 amd No. 14, 2015, s 25\ns 89 amd No. 14, 2015, s 26\npt 6\ndiv 4B hdg ins No. 26, 2022, s 40\nss 89A – 89B ins No. 26, 2022, s 40\ns 90 amd No. 29, 2010, s 7; No. 14, 2015, s 27\ns 91 amd No. 26, 2022, s 47\ns 92 amd No. 12, 2010, s 3; No. 40, 2010, s 118\nrep No. 14, 2015, s 28\ns 93 amd No. 14, 1995, s 12\nrep No. 14, 2015, s 28\nss 95 – 96 rep No. 14, 2015, s 28\ns 97 amd No. 29, 2010, s 7\ns 98 amd No. 12, 2010, s 3; No. 14, 2015, s 29\ns 99 amd No. 12, 2010, s 3\nrep No. 14, 2015, s 30\ns 100 amd No. 12, 2010, s 3; No. 29, 2010, s 7; No. 14, 2015, s 31; No. 26, 2022,\ns 41\ns 101 amd No. 12, 2010, s 3; No. 14, 2015, s 32\ns 102 amd No. 29, 2010, s 7\nrep No. 14, 2015, s 33\nins No. 26, 2022, s 42\ns 103 rep No. 14, 2015, s 33\ns 104 amd No. 12, 2010, s 3\nrep No. 14, 2015, s 33\ns 105 rep No. 58, 1996, s 2\nins No. 7, 2002, s 3\namd No. 14, 2015, s 34; No. 26, 2022, s 47\ns 106 sub No. 14, 2015, s 35\ns 107 amd No. 29, 2010, s 7; No. 14, 2015, s 36\nss 107A –\n107B ins No. 26, 2022, s 43\ns 108 amd No. 12, 2010, s 3; No. 29, 2010, s 7\nsub No. 14, 2015, s 37\ns 109 amd No. 12, 2010, s 3\nsub No. 14, 2015, s 37\ns 109A ins No. 14, 2015, s 37\n\nAnti-Discrimination Act 1992 75\ns 110 amd No. 12, 2010, s 3; No. 29, 2010, s 7\nsub No. 14, 2015, s 37; No. 26, 2022, s 44\ns 110A ins No. 14, 2015, s 37\nsub No. 26, 2022, s 44\nss 110B –\n110C ins No. 26, 2022, s 44\ns 111 amd No. 12, 2010, s 3\nrep No. 14, 2015, s 37\ns 113 amd No. 14, 2015, s 38\ns 114 amd No. 14, 2015, s 39; No. 26, 2022, s 47\ns 115 amd No. 29, 2010, s 7; No. 26, 2022, s 45\npt 9 hdg ins No. 14, 2015, s 40\nss 118 – 120 ins No. 14, 2015, s 40\npt 10 hdg ins No. 26, 2022, s 46\nss 121 –\n124 ins No. 26, 2022, s 46\npt 11 hdg ins No. 27, 2025, s 6\npt 11\ndiv 1 hdg ins No. 27, 2025, s 6\ns 125 ins No. 27, 2025, s 6\npt 11\ndiv 2 hdg ins No. 27, 2025, s 6\nss 126 – 127 ins No. 27, 2025, s 6","sortOrder":143}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2849},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1992 intent as a reactive complaints-based system. Major amendments (particularly the 2022 and 2025 updates) have transformed it into a proactive compliance framework. Key expansions include: (1) a 'positive duty' requiring organisations to actively prevent discrimination rather than merely respond to complaints; (2) new protected attributes such as sex work status, domestic violence victimisation, sex characteristics, and accommodation status; (3) prohibition on inciting hatred, serious contempt or severe ridicule (vilification); (4) representative complaints allowing systemic discrimination to be challenged without naming every victim; and (5) enhanced investigative powers for the Commissioner. The scope has shifted from individual dispute resolution to broader systemic regulation and prevention."},"complexity_factors":["Extensive definitions section (section 4) containing over 40 defined terms including nuanced concepts like 'irrelevant criminal record', 'sex characteristics', and 'systemic discrimination'","Multi-layered complaint resolution pathway: conciliation (mediation) → evaluation → referral to Tribunal, with different procedural rules at each stage","Nested conditional exemptions, particularly section 35B (religious educational institutions) which requires written policies and good faith tests, and section 49 (insurance/superannuation) with actuarial data requirements","Positive duty provision (section 18B) requiring assessment of five specific factors (size, nature, resources, priorities, cost) to determine 'reasonable and proportionate measures'","Parallel complaint systems with different time limits: 12 months for individual complaints vs 24 months for representative complaints","Vicarious liability provisions (section 105) making employers responsible for workers' conduct, subject to a 'reasonable steps' defence requiring consideration of training, policies, and financial circumstances","Complex transitional arrangements spanning three amendment Acts (2015, 2022, 2025) with different commencement rules and savings provisions affecting complaints made at different times"],"plain_english_summary":"**What this law does:** This is the Northern Territory's main law protecting people from unfair treatment. It makes it illegal to discriminate against someone based on who they are—such as their race, sex, gender identity, sexual orientation, age, disability, pregnancy, carer responsibilities, employment status, or past sex work—in key areas of life including work, education, housing, and accessing goods and services. It also bans sexual harassment and victimisation (punishing someone for making a complaint).\n\n**The Positive Duty:** Since recent updates, organisations and employers must now take **reasonable and proportionate measures** to actively prevent discrimination, sexual harassment, and victimisation before they happen, rather than just reacting to complaints. The Commissioner can investigate compliance with this duty.\n\n**Making a complaint:** If someone believes they've been treated unlawfully, they can make a complaint to the **Anti-Discrimination Commissioner**. The process usually starts with **conciliation** (confidential mediation) to reach an agreement. If that fails, the Commissioner evaluates the case and may refer it to the **Civil and Administrative Tribunal** (a formal court-like body) for a hearing. The Tribunal can order compensation, apologies, or require someone to stop the discriminatory conduct.\n\n**Representative complaints:** Groups or organisations can bring complaints about **systemic discrimination** (patterns or policies that disadvantage groups of people), even without naming every individual affected.\n\n**Exemptions:** The law recognises specific exceptions, such as religious bodies for religious roles, competitive sport restrictions based on age or physique, single-sex services where privacy is essential, and special measures designed to help disadvantaged groups achieve equality.\n\n**Who it affects:** Everyone in the NT—employers, landlords, schools, clubs, government agencies, and businesses—must comply. The Act also establishes the independent Anti-Discrimination Commissioner to handle complaints, conduct investigations, and educate the community."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has been extended by later amendments to add new protected attributes (for example gender identity, sex characteristics, employment in sex work, accommodation status and employment status are now listed in s 19), to create a positive duty requiring proactive measures to eliminate discrimination (Part 2A, ss 18A–18D), to introduce an offence directed at public acts that incite hatred/serious contempt/severe ridicule because of an attribute (s 20A with exemptions in s 20B), and to provide formal mechanisms for representative (systemic) complaints and enforceable undertakings (ss 62A–62B; 89A–89B; 110B–110C). These changes broaden both the substantive protections and the enforcement and investigatory tools available under the Act, while retaining multiple exemptions and proportionality tests (see Part 5 and s 18B(3))."},"complexity_factors":["Large number of substantive prohibitions and many protected attributes listed in s 19 (adds granularity to assessment of conduct).","Multiple overlapping areas of application across Part 4 (education, work, accommodation, goods/services, clubs, insurance, government administration) requiring contextual legal analysis (s 28 and Divisions in Part 4).","Combination of complaint‑handling, conciliation, evaluation, investigation, Tribunal hearing and court appeal routes with specific time limits and preconditions (ss 60–66, 78–87, 106–107).","Introduction of a positive duty to eliminate discrimination with a proportionality test tied to entity size, resources and practicability (Part 2A, s 18B), creating fact‑sensitive obligations.","Broad investigatory powers (document retention/production orders, witness compulsion) with criminal penalties for non‑compliance (ss 84–85, 107A–107B) increasing procedural complexity.","Range of statutory exemptions and case‑by‑case Commissioner exemptions (Part 5, ss 49, 51, 57, 59), requiring careful application and justification.","Vicarious liability rules and employer defences that require evidentiary demonstration of ‘all reasonable steps’ and list relevant factors (s 105(1)–(3)), increasing compliance documentation needs.","New provisions addressing systemic (representative) complaints and enforceable undertakings/enforcement orders (ss 62A–62B, 89A–89B, 110B–110C) that create distinct procedural tracks from individual complaints.","Criminal offences for specific forms of conduct (e.g. ss 108, 109) that sit alongside civil remedies, adding a parallel enforcement regime.","Interplay with other Territory and Commonwealth laws and transitional/amendment layers (e.g. s 5A; transitional provisions in Parts 9–11) which affect temporal application and interpretation."],"plain_english_summary":"# What this law does, who it affects, and how it works\n\nThis Act makes it unlawful in the Northern Territory to treat people less favourably, to sexually harass them, to victimise them for using the Act, or to engage in certain other conduct, when the treatment is connected to a listed personal attribute (for example race, sex, disability, gender identity, sexual orientation, age and others) (see s 19 and s 20). It applies across specified areas of life: education, work, accommodation, goods/services/facilities, clubs, insurance and superannuation, and the administration of Territory laws and programs (s 28; Divisions in Part 4).\n\nMechanics (what the Act requires and what happens when it is invoked)\n\n- Prohibitions: The Act lists protected attributes (s 19) and defines discrimination broadly to include distinctions, exclusions, harassment and less favourable treatment (s 20). It also forbids sexual harassment (s 22), victimisation (s 23), discriminatory advertising (s 25), seeking unnecessary information (s 26), aiding another person to breach the Act (s 27) and an offence that targets public acts that are reasonably likely to incite hatred, serious contempt or severe ridicule because of an attribute (s 20A, with exemptions in s 20B).\n\n- Positive duty: Persons who are already prohibited from discrimination must also take reasonable and proportionate measures to eliminate discrimination, sexual harassment and victimisation to the greatest extent possible (Part 2A, ss 18A–18D). What is “reasonable and proportionate” must take into account size, nature, resources, priorities and practicability/cost (s 18B(3)). The Commissioner can investigate compliance and take action including enforceable undertakings and reports (ss 18C–18D).\n\n- Complaint pathway and decision‑makers: Individuals or authorised persons may complain to the Anti‑Discrimination Commissioner (Part 6, s 60). The Commissioner assesses complaints (time limits apply: ordinarily 12 months; representative complaints 24 months) and must accept or decline within statutory timeframes (ss 65, 66). The Commissioner can conciliate, evaluate, investigate representative complaints, make interim orders, accept enforceable undertakings (ss 78–81; 82–87; 89A–89B; 101; 110B). If the Commissioner evaluates and decides a complaint has a reasonable prospect of success they may refer it to the Civil and Administrative Tribunal for hearing (ss 83; 86). The Tribunal hears matters and may order remedies including non‑repetition orders, compensation up to a prescribed cap, orders to redress loss (including reinstatement or promotion) and declarations that agreements are void (ss 86, 88(1)). Appeals from the Tribunal go to the Supreme Court (ss 106–107).\n\n- Investigatory and evidence powers: The Commissioner and Tribunal have statutory powers to require documents and information, to order retention of documents, to take evidence on oath and to require witnesses to answer questions (ss 84–85, 107A–107B). Failure to comply with certain orders can attract penalties (see ss 84(3), 85(2), 107A(4)–(6), 107B(2)). The Commissioner may publish reports of investigations (s 18D(2)–(3), s 89B(1)–(3)), but must give a person adversely mentioned a chance to respond (s 18D(4), s 89B(4)).\n\n- Remedies, sanctions and offences: The Tribunal can grant civil remedies (s 88). The Act also creates criminal offences for certain conduct (for example publishing discriminatory advertising (s 109), disclosure of confidential information (s 108), obstruction and giving misleading information to officials (ss 110, 110A)). Time limits for prosecuting offences are set out (s 112).\n\n- Exemptions and limits: The Act contains a range of express exemptions where discrimination is permitted—for example religious bodies (s 51), special measures designed to promote equality (s 57), reasonable occupational qualifications and inherent requirements (s 35), age or sport related rules (ss 36, 56), and actuarial or statutory bases for insurance or superannuation differences (s 49). The Commissioner can also grant case‑by‑case exemptions for up to 3 years (s 59).\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: Respondents found to have engaged in prohibited conduct may be ordered to pay compensation or costs by the Tribunal (s 88). Parties may incur costs in complying with investigatory orders (ss 84, 107A), in responding to conciliation (ss 78–81) and in defending proceedings. Businesses and organisations bear compliance costs for policies, training, reasonable accommodation and recordkeeping — these costs factor into what measures are “reasonable” under the positive duty (s 18B(3)) and in vicarious liability defences where employers must show they took all reasonable steps (s 105(2)–(3)).\n\n- Who decides: The Commissioner controls intake, assessment, conciliation and referral decisions (ss 66, 78–79, 83–86). The Tribunal determines liability and remedies after hearing (ss 86–88). The Local Court enforces breach of enforceable undertakings (ss 110B–110C). Appeals from the Tribunal go to the Supreme Court (ss 106–107).\n\n- Behaviour changes the law is designed to produce: organisations should implement proportionate prevention and remediation measures (Part 2A, s 18B), adopt anti‑discrimination policies and training (s 13(k), s 105(3)), reasonably accommodate special needs (s 24) unless unreasonable (s 58), avoid discriminatory advertising and unnecessary information requests (ss 25–26), and not engage in speech that meets the public incitement threshold (s 20A subject to s 20B exemptions). Businesses may change recruitment, customer service, insurance underwriting and accommodation practices to comply with the Act’s requirements and exemptions (Part 4; ss 31–41; s 49).\n\nCosts, incentives, trade‑offs and implementation risks (source‑grounded)\n\n- Compliance burden and costs: The positive duty (s 18B) and vicarious liability rules (s 105) create ongoing compliance obligations. The Act explicitly requires consideration of size and resources when judging reasonableness (s 18B(3)) and allows “unreasonable to accommodate” where costs, disruption or benefits to others are relevant (s 58; s 24(3)). These provisions channel the compliance burden toward entities with more capacity while preserving a proportional test.\n\n- Discretion and administrative concentration: The Commissioner has broad functions and investigatory powers (ss 13, 14, 18C, 84, 107A–107B) and discretion to accept or decline complaints (s 66) and to grant exemptions (s 59). That centralisation means outcomes depend substantially on the Commissioner’s decisions about priorities and evidence (ss 13(b), 16–17 require reporting and Ministerial oversight), which creates implementation risk tied to administrative resourcing and guidance.\n\n- Remedies versus private ordering: The Act emphasizes conciliation and enforceable undertakings (ss 78–81; 110B), which encourages negotiated outcomes before litigation. However, Tribunal remedies (s 88) and criminal penalties for particular offences (e.g. ss 108, 109) create enforcement backstops and potential deterrence costs for respondents.\n\n- Effects on speech and expression: Section 20A prohibits public acts reasonably likely to incite hatred, serious contempt or severe ridicule on attribute grounds, while s 20B preserves acts done reasonably and in good faith for artistic, academic, scientific or public interest purposes. The law thus draws a line between public incitement and protected expression; the applicability depends on context and the reasonableness/good faith tests in s 20B.\n\n- Risk of substitution and targeted compliance: The Act allows a range of exemptions (Part 5) and narrow exceptions (e.g. inherent requirements, religious doctrine, actuarial data for insurance (s 49)), so respondents may alter the form of services or recruitment (or use exemptions) to remain lawful. Representative complaint procedures (ss 60(c), 62A–62B, 89A–89B) enable systemic issues to be pursued without naming every affected individual.\n\nKey procedural points to note\n\n- Time limits: Ordinary complaints usually must be made within 12 months (s 65(1)); representative complaints within 24 months (s 65(1A)); Commissioner may extend in special circumstances (s 65(2)).\n- Conciliation is a statutory step with powers to compel attendance (ss 78–79) and confidentiality protections for conciliation communications (s 82).\n- Employers can be held vicariously liable but may avoid liability by showing they took all reasonable steps; the Act lists non‑exhaustive preventive steps (s 105(2)–(3)).\n- The Commissioner may publish reports about systemic issues, but must give persons adversely mentioned a chance to respond before publication (ss 18D(4); 89B(3)–(4)).\n\nPurpose statements and source claims\n\n- The Act’s stated purpose is to promote equality of opportunity and to prevent and eliminate discrimination, sexual harassment and victimisation and to address systemic discrimination (s 3). Those are the policy aims stated in the Act; the Act implements those aims by (a) defining prohibited conduct and protected attributes (Part 3), (b) creating a complaints, conciliation and Tribunal-based enforcement system (Part 6 and Div 4A), and (c) imposing a positive duty on those who are already bound by the prohibitions to take reasonable and proportionate measures to eliminate discrimination (Part 2A). The positive duty specifically channels incentives: it makes prevention an explicit obligation while calibrating reasonableness to organisational capacity (s 18B(3)).\n\nWhere the Act concentrates benefits and costs\n\n- Concentrated benefits: Individuals or groups who secure remedies (compensation, reinstatement, policy changes) gain concrete redress (s 88). Representative complaints and published reports (ss 62A, 89B) can produce systemic change benefitting group members.\n- Diffuse costs: Businesses, organisations and public bodies face ongoing compliance costs (policy development, training, accommodation, record‑keeping, possible insurance premiums) that the Act recognises by requiring proportionality in assessing obligations (s 18B(3)).\n\nPractical takeaways for affected parties\n\n- Organisations should review their policies and recordkeeping, document the steps they take to prevent discrimination (s 105(3)), and consider proportionate measures that reflect their size and resources (s 18B(3)).\n- Individuals and organisations bringing systemic complaints can do so without naming every affected person (ss 60(c), 62A). Representative complaints can trigger Commissioner investigations and published reports (ss 89A–89B).\n- Be aware of the dual track: the Commissioner’s conciliation/enforcement powers and the Tribunal’s remedial powers (ss 78–88). Criminal offence provisions (e.g. ss 108, 109) operate alongside civil complaint pathways.\n\nReferences to key sections where the mechanics and duties are set out: sections 3, 13, 18A–18D, 19–21, 22–27, 28, 31–41, 49, 51, 57–59, 60–66, 78–88, 98, 101, 105, 109–110C, 112–116, 118–127."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient legislative text has been provided to determine whether the scope changed from the original intent. Only administrative metadata and structural headings are present — no substantive provisions, amendments, or explanatory materials are included that would allow a meaningful scope comparison."},"complexity_factors":["Very limited legislative text provided — only metadata and headers are present, with no substantive sections or provisions to analyse","Anti-discrimination law as a category can be moderately complex due to multiple protected attributes and exemptions, but cannot be fully assessed from the text given","The reprint reference (REPA027) suggests significant amendment history, which typically adds layers of complexity","Without the actual operative provisions, exemptions, complaint procedures, and definitions, a full complexity assessment is not possible — score reflects the metadata only"],"plain_english_summary":"## Northern Territory Anti-Discrimination Act 1992\n\nThis is the Northern Territory's foundational law that **protects people from being treated unfairly** based on who they are.\n\n### What does it do?\nIt makes it illegal to discriminate against (treat worse) people in important areas of life — like when applying for a job, renting a home, accessing services, or getting an education — based on personal characteristics such as race, gender, age, disability, or sexual orientation.\n\n### Who does it affect?\n- **Everyone in the NT** — whether you're an individual, a business, a landlord, an employer, or a government agency\n- People who believe they've been discriminated against have the right to **make a formal complaint**\n- Businesses and organisations must ensure their policies and practices don't unfairly disadvantage certain groups\n\n### Why does it matter?\nWithout this law, there would be no formal legal mechanism in the NT to challenge unfair treatment based on personal attributes. It gives ordinary people a **practical pathway to seek justice** — typically through a complaints process — without necessarily going to court.\n\n### Key point\nThis law has been in force since 1992 and is still active today, meaning it continues to shape how people and organisations must treat each other in the Northern Territory."}},"importantCases":[],"_links":{"self":"/api/acts/antidiscrimination-act-1992","history":"/api/acts/antidiscrimination-act-1992/history","analysis":"/api/acts/antidiscrimination-act-1992/analysis","conflicts":"/api/acts/antidiscrimination-act-1992/conflicts","importantCases":"/api/acts/antidiscrimination-act-1992/important-cases","documents":"/api/acts/antidiscrimination-act-1992/documents"}}