{"id":"a-1991-81","name":"Discrimination Act 1991","slug":"discrimination-act-1991","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"81 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23413,"registerId":"act-a-1991-81-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Discrimination Act 1991.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘discriminate—see section 8.’\nmeans that the word ‘discriminate’ is defined in section 8.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Objects of Act","content":"4 Objects of Act\nThe objects of this Act are—\n(a) to eliminate discrimination to the greatest extent possible; and\n(b) to promote and protect the right to equality before the law under\nthe Human Rights Act 2004, including—\n(i) the right to enjoy a person’s human rights without\ndistinction or discrimination of any kind; and\n\n(ii) the right to the equal protection of the law without\ndiscrimination; and\n(iii) the right to equal and effective protection against\ndiscrimination on any ground; and\n(c) to encourage the identification and elimination of systemic\ncauses of discrimination; and\n(d) to promote and facilitate the progressive realisation of equality,\nas far as reasonably practicable, by recognising that—\n(i) discrimination can cause social and economic\ndisadvantage and that access opportunities are not\nequitably distributed throughout society; and\n(ii) equal application of a rule to different groups can have\nunequal results or outcomes; and\n(iii) the achievement of substantive equality may require the\nmaking of reasonable adjustments, reasonable\naccommodation and the taking of special measures.\n4AA Interpretation beneficial to people with protected\nattributes\nThis Act must be interpreted in a way that is beneficial to a person\nwho has a protected attribute, to the extent it is possible to do so\nconsistently with—\n(a) the objects of this Act; and\n(b) human rights under the Human Rights Act 2004.\nNote The Legislation Act, s 139 (1) (which is about interpreting legislation to\nbe consistent with its purpose) and the Human Rights Act 2004, s 30\n(which is about interpreting legislation to be consistent with human\nrights) are also relevant to interpreting territory laws.\n\n","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Meaning of doing an act","content":"4A Meaning of doing an act\n(1) In this Act:\ndoing an act includes failing to do the act.\n(2) In this Act, a reference to doing an act because of a particular matter\nincludes a reference to doing an act because of 2 or more matters that\ninclude the particular matter, whether or not the particular matter is\nthe dominant or substantial reason for doing the act.\n5AA Meaning of disability\n(1) In this Act:\ndisability means—\n(a) total or partial loss of a bodily or mental function; or\n(b) total or partial loss of a part of the body; or\n(c) the presence in the body of organisms that cause disease or\nillness; or\n(d) the presence in the body of organisms that are capable of causing\ndisease or illness; or\n(e) the malfunction, malformation or disfigurement of a part of the\nbody; or\n(f) a disorder or malfunction that results in a person learning\ndifferently from a person without the disorder or malfunction;\nor\n(g) a disorder, illness or disease that affects a person’s thought\nprocesses, perception of reality, emotions or judgment or that\nresults in disturbed behaviour; or\n(h) any other condition prescribed by regulation.\n\n(2) For this Act, disability includes—\n(a) behaviour that is a symptom or manifestation of the disability;\nand\n(b) a disability that a person may have in the future, including\nbecause of a genetic disposition to the disability; and\n(c) a disability that it is thought a person may have in the future,\nwhether or not—\n(i) the person has a genetic disposition to the disability; or\n(ii) there is anything else to indicate the person may have the\ndisability in the future; and\nNote Disability also includes a disability that the person has or is thought\nto have, and a disability that the person has had in the past, or is\nthought to have had in the past (see s 7 (2)).\n(d) reliance on—\n(i) a support person; or\n(ii) a disability aid; or\n(iii) an assistance animal.\nassistance animal means an assistance animal trained to assist a\nperson with disability to alleviate the effect of the disability\n(including by guiding a person who is blind or vision impaired or\nalerting a person who is deaf or hearing impaired to sounds), that\nsatisfies any requirements prescribed by regulation.\ndisability aid—\n(a) means equipment (including a palliative or therapeutic device)\nthat is generally recognised to alleviate an effect of a disability;\nand\n\n(b) includes anything prescribed by regulation.\nNote Power to make a statutory instrument (including a regulation) includes\npower to make different provision in relation to different matters or\ndifferent classes of matters, and to make an instrument that applies\ndifferently by reference to stated exceptions or factors (see Legislation\nAct, s 48).\nsupport person means a person who provides assistance or services\nto another person because of a disability the other person has.\nExamples\ncarer, assistant, interpreter, reader\n5AB Liability of person relying on assistance animal etc\n(1) This section applies to a person with disability who relies on an\nassistance animal or disability aid.\n(2) Nothing in this Act affects the liability of the person for any injury,\nloss or damage caused by the person’s assistance animal or disability\naid.\nassistance animal—see section 5AA (3).\ndisability aid—see section 5AA (3).\n","sortOrder":4},{"sectionNumber":"5A","sectionType":"section","heading":"Meaning of potential pregnancy","content":"5A Meaning of potential pregnancy\nIn this Act:\npotential pregnancy, of a person, includes—\n(a) the fact that the person is or may be capable of bearing children;\nand\n(b) the fact that the person has expressed a desire to become\npregnant; and\n(c) the fact that the person is likely, or is perceived as being likely,\nto become pregnant.\n\n","sortOrder":5},{"sectionNumber":"5B","sectionType":"section","heading":"Unjustifiable hardship","content":"5B Unjustifiable hardship\nFor this Act, in deciding whether unjustifiable hardship would be\nimposed on a person by having to accommodate another person’s\nprotected attribute, all relevant circumstances must be taken into\naccount, including the following:\n(a) the benefit or detriment likely to be received or experienced by\neach person;\n(b) the protected attributes of the other person;\n(c) the estimated cost to, and financial circumstances of, the person\nclaiming unjustifiable hardship.\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"MLAs as employers","content":"6 MLAs as employers\n(1) For this Act, a member of the Legislative Assembly (in his or her\ncapacity as an office-holder or otherwise) is taken to be an employer\nin relation to a person who is, or who is seeking to be, employed under\nthe Legislative Assembly (Members’ Staff) Act 1989, section 5 or 10\nas a member of the staff of the member.\noffice-holder—see the Legislative Assembly (Members’ Staff)\nAct 1989, dictionary.\n\n","sortOrder":7},{"sectionNumber":"6A","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"6A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act\n(see Code, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nDiscrimination to which Act applies Part 2\n","sortOrder":8},{"sectionNumber":"Part 2","sectionType":"part","heading":"Discrimination to which Act","content":"Part 2 Discrimination to which Act\napplies\n","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Protected attributes","content":"7 Protected attributes\n(1) This Act applies to discrimination on the ground of any of the\nfollowing attributes (a protected attribute):\n(a) accommodation status;\n(b) age;\nExamples—par (b)\nbecause the person is a child or young person or an older person\n(c) association (whether as a relative or otherwise) with a person\nwho is identified by reference to another protected attribute;\n(d) breastfeeding;\n(e) disability;\n(f) employment status;\n(g) gender identity;\n(h) genetic information;\n(i) immigration status;\n(j) industrial activity;\n(k) irrelevant criminal record;\n(l) parent, family, carer or kinship responsibilities;\n(m) physical features;\n(n) political conviction;\n(o) pregnancy;\n(p) profession, trade, occupation or calling;\n\nPart 2 Discrimination to which Act applies\n(q) race;\n(r) record of a person’s sex having been altered under the Births,\nDeaths and Marriages Registration Act 1997 or a law of another\njurisdiction that corresponds, or substantially, corresponds, to\nthe Act, section 26 (Alteration of register);\n(s) relationship status;\n(t) religious conviction;\n(u) sex;\n(v) sex characteristics;\n(w) sexuality;\n(x) subjection to domestic or family violence.\n(2) For this Act, protected attribute includes—\n(a) a characteristic that people with the attribute generally have; and\n(b) a characteristic that people with the attribute are generally\npresumed to have; and\n(c) the attribute that a person has; and\n(d) the attribute that a person has had in the past, whether or not the\nperson still has the attribute; and\n(e) the attribute that a person is thought to have, whether or not the\nperson has the attribute; and\n(f) the attribute that a person is thought to have had in the past,\nwhether or not the person has had the attribute in the past.\n\nDiscrimination to which Act applies Part 2\n","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of discrimination","content":"8 Meaning of discrimination\n(1) For this Act, discrimination occurs when a person discriminates\neither directly or indirectly, or both, against someone else.\n(2) For this section, a person directly discriminates against someone else\nif the person treats, or proposes to treat, another person unfavourably\nbecause the other person has 1 or more protected attributes.\n(3) For this section, a person indirectly discriminates against someone\nelse if the person imposes, or proposes to impose, a condition or\nrequirement that has, or is likely to have, the effect of disadvantaging\nthe other person because the other person has 1 or more protected\nattributes.\n(4) However, a condition or requirement does not give rise to indirect\ndiscrimination if it is reasonable in the circumstances.\n(5) In deciding whether a condition or requirement is reasonable in the\ncircumstances, the matters to be taken into account include—\n(a) the nature and extent of any disadvantage that results from\nimposing the condition or requirement; and\n(b) the feasibility of overcoming or mitigating the disadvantage; and\n(c) whether the disadvantage is disproportionate to the result sought\nby the person who imposes, or proposes to impose, the condition\nor requirement.\n\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Applicants and employees","content":"10 Applicants and employees\n(1) It is unlawful for an employer to discriminate against a person—\n(a) in the arrangements made for the purpose of deciding who\nshould be offered employment; or\n(b) in deciding who should be offered employment; or\n(c) in the terms or conditions on which employment is offered.\n(2) It is unlawful for an employer to discriminate against an employee—\n(a) in the terms or conditions of employment that the employer\naffords the employee; or\n(b) by denying the employee access, or limiting the employee’s\naccess, to opportunities for promotion, transfer or training or to\nany other benefit associated with employment; or\n(c) by dismissing the employee; or\n(d) by subjecting the employee to any other detriment.\n(3) To remove any doubt, an employer discriminates against an employee\nif the employer denies the employee access to a benefit associated\nwith employment because the employee is in a same-sex relationship.\nExample of discrimination\ndenying an employee who is in a same-sex relationship access to parental leave that\nis available to other parents\n(4) Subsection (3) is in addition to, and does not limit, any other provision\nof this Act that provides what is, or is not, discrimination under this\nAct.\n\nDiscrimination in work Division 3.1\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Employees—religious practice","content":"11 Employees—religious practice\nIt is unlawful for an employer to discriminate against an employee on\nthe ground of religious conviction by refusing the employee\npermission to carry out a religious practice during working hours,\nbeing a practice—\n(a) of a kind recognised as necessary or desirable by people of the\nsame religious conviction as that of the employee; and\n(b) the performance of which during working hours is reasonable\nhaving regard to the circumstances of the employment; and\n(c) that does not subject the employer to unreasonable detriment.\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Commission agents","content":"12 Commission agents\n(1) It is unlawful for a principal to discriminate against a person—\n(a) in the arrangements made for the purpose of deciding who\nshould be engaged as a commission agent; or\n(b) in deciding who should be engaged as a commission agent; or\n(c) in the terms or conditions on which engagement as a\ncommission agent is offered.\n(2) It is unlawful for a principal to discriminate against a commission\nagent—\n(a) in the terms or conditions that the principal affords the agent; or\n(b) by denying the agent access, or limiting the agent’s access, to\nopportunities for promotion, transfer or training or to any other\nbenefit associated with the position as an agent; or\n(c) by terminating the engagement; or\n(d) by subjecting the agent to any other detriment.\n\n","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Contract workers","content":"13 Contract workers\nIt is unlawful for a principal to discriminate against a contract\nworker—\n(a) in the terms or conditions on which the principal allows the\ncontract worker to work; or\n(b) by not allowing the contract worker to work or continue to work;\nor\n(c) by denying the contract worker access, or limiting the contract\nworker’s access, to any benefit associated with the relevant\nwork; or\n(d) by subjecting the contract worker to any other detriment.\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Partnerships","content":"14 Partnerships\n(1) It is unlawful for any people who are proposing to form themselves\ninto a partnership to discriminate against a person—\n(a) in deciding who should be invited to become a partner in the\npartnership; or\n(b) in the terms or conditions on which the person is invited to\nbecome a partner in the partnership.\n(2) It is unlawful for a partner in a partnership to discriminate against a\n(a) in deciding who should be invited to become a partner in the\npartnership; or\n(b) in the terms or conditions on which the person is invited to\nbecome a partner in the partnership.\n\nDiscrimination in work Division 3.1\n(3) It is unlawful for a partner in a partnership to discriminate against\nanother partner in the partnership—\n(a) by denying the partner access, or limiting the partner’s access,\nto any benefit arising from being a partner in the partnership; or\n(b) by expelling the partner from the partnership; or\n(c) by subjecting the partner to any other detriment.\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Professional or trade organisations","content":"15 Professional or trade organisations\n(1) In this section:\norganisation means an association or organisation of employers or\nemployees.\n(2) It is unlawful for an organisation, the committee of management of\nan organisation or a member of the committee of management of an\norganisation to discriminate against a person who is not a member of\nthe organisation—\n(a) by failing to accept the person’s application for membership; or\n(b) in the terms or conditions on which the organisation is prepared\nto admit the person to membership.\n(3) It is unlawful for an organisation, the committee of management of\nan organisation or a member of the committee of management of an\norganisation to discriminate against a member of the organisation—\n(a) by denying the member access, or limiting the member’s access,\nto any benefit provided by the organisation; or\n(b) by depriving the member of membership or varying the terms of\nmembership; or\n(c) by subjecting the member to any other detriment.\n\n","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Qualifying bodies","content":"16 Qualifying bodies\nIt is unlawful for an authority or body that is empowered to confer,\nrenew, extend, revoke or withdraw an authorisation or qualification\nthat is needed for or facilitates the practice of a profession, the\ncarrying on of a trade or the engaging in of an occupation to\ndiscriminate against a person—\n(a) by failing to confer, renew or extend the authorisation or\nqualification; or\n(b) in the terms or conditions on which it is prepared to confer,\nrenew or extend the authorisation or qualification; or\n(c) by revoking or withdrawing the authorisation or qualification or\nvarying the terms or conditions on which it is held; or\n(d) by subjecting the person to any other detriment.\n","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Employment agencies","content":"17 Employment agencies\nIt is unlawful for an employment agency to discriminate against a\n(a) by refusing to provide the person with any of its services; or\n(b) in the terms or conditions on which it offers to provide the\nperson with any of its services; or\n(c) in the way in which it provides the person with any of its\nservices; or\n(d) by subjecting the person to any other detriment.\n\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Education","content":"18 Education\n(1) It is unlawful for an educational authority to discriminate against a\n(a) by failing to accept the person’s application for admission as a\nstudent; or\n(b) in the terms or conditions on which it is prepared to admit the\nperson as a student.\n(2) It is unlawful for an educational authority to discriminate against a\nstudent—\n(a) by denying the student access, or limiting the student’s access,\nto any benefit provided by the authority; or\n(b) by expelling the student; or\n(c) by subjecting the student to any other detriment.\n","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Access to premises","content":"19 Access to premises\nIt is unlawful for a person to discriminate against another person—\n(a) by refusing to allow the other person access to, or the use of, any\npremises (public premises) that the public or a section of the\npublic is entitled or allowed to enter or use (whether for payment\nor not); or\n(b) in the terms or conditions on which the discriminator is prepared\nto allow the other person access to, or the use of, public\npremises; or\n(c) in relation to the provision of means of access to public\npremises; or\n\n(d) by refusing to allow the other person the use of any facilities\n(public facilities) in public premises that the public or a section\nof the public is entitled or allowed to use (whether for payment\nor not); or\n(e) in the terms or conditions on which the discriminator is prepared\nto allow the other person the use of public facilities; or\n(f) by requiring the other person to leave public premises or cease\nto use such facilities.\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Goods, services and facilities","content":"20 Goods, services and facilities\nIt is unlawful for a person (the provider) who (whether for payment\nor not) provides goods or services, or makes facilities available, to\n(a) by refusing to provide those goods or services or make those\nfacilities available to the other person; or\n(b) in the terms or conditions on which the provider provides those\ngoods or services or makes those facilities available to the other\n(c) in the way in which the provider provides those goods or\nservices or makes those facilities available to the other person.\n","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Accommodation","content":"21 Accommodation\n(1) It is unlawful for a person (whether as principal or agent) to\n(a) by refusing the other person’s application for accommodation;\nor\n(b) in the terms or conditions on which accommodation is offered\nto the other person; or\n\n(c) by deferring the other person’s application for accommodation\nor according to the other person a lower order of precedence in\nany list of applicants for that accommodation.\n(2) It is unlawful for a person (whether as principal or agent) to\n(a) by denying the other person access, or limiting the other\nperson’s access, to any benefit associated with accommodation\noccupied by the other person; or\n(b) by evicting the other person from accommodation occupied by\nthe other person; or\n(c) by subjecting the other person to any other detriment in relation\nto accommodation occupied by the other person.\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Clubs","content":"22 Clubs\n(1) It is unlawful for a club, the committee of management of a club or a\nmember of the committee of management of a club to discriminate\nagainst a person who is not a member of the club—\n(a) by failing to accept the person’s application for membership; or\n(b) in the terms or conditions on which the club is prepared to admit\nthe person to membership.\n(2) It is unlawful for a club, the committee of management of a club or a\nmember of the committee of management of a club to discriminate\nagainst a member of the club—\n(a) in the terms or conditions of membership that are afforded to the\nmember; or\n(b) by failing to accept the member’s application for a particular\nclass or type of membership; or\n\n(c) by denying the member access, or limiting the member’s access,\nto any benefit provided by the club; or\n(d) by depriving the member of membership or varying the terms of\nmembership; or\n(e) by subjecting the member to any other detriment.\n","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Requests etc for information","content":"23 Requests etc for information\nIt is unlawful for a person to discriminate against another person by\nrequesting or requiring information (whether by way of completing a\nform or otherwise) in connection with, or for the purpose of\nperforming, an act that is or would be unlawful under any other\nprovision of this part or under part 5, 6 or 7.\n","sortOrder":25},{"sectionNumber":"23A","sectionType":"section","heading":"Sporting activities","content":"23A Sporting activities\nIt is unlawful for a person responsible for the organisation or\nadministration of a formally organised sporting activity (including a\ncoach or manager) to discriminate against another person in relation\nto participation in the activity.\nExamples—formally organised sporting activity\n• basketball competition organised by a private school\n• dodgeball league match\nExamples—informally organised sporting activity\n• backyard cricket match between friends\n• game at a child’s birthday party\n\n","sortOrder":26},{"sectionNumber":"23B","sectionType":"section","heading":"Competitions","content":"23B Competitions\nIt is unlawful for a person responsible for the organisation or\nadministration of a formally organised competition to discriminate\nagainst another person in relation to participation in the competition.\nExamples—formally organised competition\n• singing competition organised by a commercial radio station\n• weekend chess competition for individuals under 18 years old\n• short film festival run by a not-for-profit organisation\n","sortOrder":27},{"sectionNumber":"23C","sectionType":"section","heading":"Administration of territory laws etc","content":"23C Administration of territory laws etc\n(1) It is unlawful for a public authority to discriminate against a person\nwhen administering a territory law, or an ACT government program\nor policy.\n(2) Subsection (1) does not—\n(a) affect the law relating to the privileges of the Legislative\nAssembly; or\n(b) apply to—\n(i) for the Office of the Legislative Assembly—an act done,\nor a practice engaged in, by the Office when exercising a\nfunction in relation to a proceeding of the Legislative\nAssembly; or\n(ii) for an ACT court—an act done, or a practice engaged in,\nby the ACT court other than an act done, or a practice\nengaged in, by the ACT court in relation to a matter of an\nadministrative nature; or\n(iii) the doing of an act mentioned in section 18 (whether or not\nthe act is done by an educational authority).\n\nACT court—\n(a) means the Supreme Court, Magistrates Court, Coroner’s Court\nor a tribunal; and\n(b) includes a judge, magistrate, tribunal member or any other\nperson exercising a function of the court or tribunal in relation\nto the hearing or determination of a proceeding before the court\nor tribunal.\nadministering, a territory law or ACT government program or policy,\nincludes exercising a function under the law or carrying out the\nfunction of a public nature—see the Human Rights Act 2004,\nsection 40A.\npublic authority means any of the following:\n(a) an administrative unit;\n(b) a territory authority;\n(c) a territory instrumentality;\n(d) a Minister;\n(e) a public employee;\n(f) an entity whose functions are or include functions of a public\nnature, when it is exercising those functions for the Territory or\nan entity mentioned in paragraph (a) to (e) (whether or not under\ncontract).\n\n","sortOrder":28},{"sectionNumber":"Part 4","sectionType":"part","heading":"Exceptions to unlawful","content":"Part 4 Exceptions to unlawful\ndiscrimination\n","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Domestic duties","content":"24 Domestic duties\nSection 10 (1) (a) or (b) or section 13 (b) does not make it unlawful\nfor a person (the first person) to discriminate against someone else in\nrelation to a position as an employee or contract worker if—\n(a) the duties of the position involve doing domestic duties on the\npremises where the first person lives; and\n","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Residential care of children","content":"25 Residential care of children\nSection 10 (1) (a) or (b) or section 13 (b) does not make it unlawful\nfor a person to discriminate against someone else in relation to a\nposition as an employee or contract worker if the duties of the position\ninvolve the care of a child where the child lives.\n","sortOrder":31},{"sectionNumber":"25A","sectionType":"section","heading":"Adoption","content":"25A Adoption\nThis Act does not prevent the director-general responsible for\nadministering the Adoption Act 1993 from discriminating against a\nperson in making a decision—\n(a) under the Adoption Act 1993, section 18 in relation to the\napproval of a person to be registered as suitable for the\nplacement of a child or young person for adoption; or\n(b) under the Adoption Act 1993, section 19 in relation to the\nremoval of a person’s name from the register of suitable people;\nor\n\n(c) under the Adoption Act 1993, section 35A in relation to the\nplacement of a child or young person before adoption in the care\nof a person who is on the register of suitable people.\n","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"Domestic accommodation etc","content":"26 Domestic accommodation etc\n(1) Section 21 does not make unlawful discrimination in relation to—\n(a) the provision of accommodation if—\n(i) the person who provides or proposes to provide the\naccommodation, or a near relative or carer of the person,\nlives and intends to continue to live on the premises; and\n(ii) the accommodation provided in the premises is for not\nmore than 6 people, not including the person mentioned in\nsubparagraph (i) and any near relative or carer of the\n(b) the provision of accommodation by a charitable or voluntary\nbody for members of a relevant class of people.\n(2) Also, section 21 does not make it unlawful for a person to\ndiscriminate on the ground of accommodation status in relation to the\nprovision of accommodation if the discrimination is reasonable,\nhaving regard to any relevant factors.\nnear relative, of a person, means—\n(a) a parent, child, grandparent, grandchild, brother or sister of the\n(b) a domestic partner of the person or of a person mentioned in\nparagraph (a).\nNote For the meaning of domestic partner, see Legislation Act, s 169.\n\n","sortOrder":33},{"sectionNumber":"26A","sectionType":"section","heading":"Preselection by employment agencies","content":"26A Preselection by employment agencies\n","sortOrder":34},{"sectionNumber":"Part 3","sectionType":"part","heading":"or part 4 does not make unlawful discrimination by an","content":"Part 3 or part 4 does not make unlawful discrimination by an\nemployment agency in the selection of people as suitable for a job\nvacancy if, had the proposed employer discriminated against the\nperson in the same way, the discrimination would not have been\nunlawful.\n","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Measures intended to achieve equality","content":"27 Measures intended to achieve equality\n(1) Part 3 does not make it unlawful to do an act if a purpose of the act\nis—\n(a) to ensure that members of a relevant class of people have equal\nopportunities with other people; or\n(b) to give members of a relevant class of people access to facilities,\nservices or opportunities to meet the special needs they have as\nmembers of the relevant class.\n(2) However, subsection (1) does not make it lawful to do an act for a\npurpose mentioned in that subsection if the act discriminates against\na member of the relevant class in a way that is not reasonable for the\nachievement of that purpose.\nExample for s (1) (a)\nAn employer runs a management skills development course for female employees\nonly. Part 3 does not make this unlawful if a purpose is to ensure that women have\nequal opportunities (in this case, for career development) with men. Women are\n‘members of a relevant class of people’ (relevant class of people is defined in the\ndict) because they are a class of people whose members are identified by reference\nto a protected attribute, in this case, sex in s 7 (1) (u).\n\nExample for s (1) (b)\nA health clinic provides speech therapy for autistic children only. Part 3 does not\nmake this unlawful if a purpose is to give autistic children access to a service that\nmeets their special needs as autistic children. Autistic children are ‘members of a\nrelevant class of people’ because they are a class of people whose members are\nidentified by reference to 2 attributes mentioned in s 7, in this case, disability in\ns 7 (1) (e) and age in s 7 (1) (b) (the Legislation Act, s 145 (b) provides that words\nin the singular include the plural ie ‘attribute’ in the def of relevant class of people\ncan mean ‘attributes’).\n","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Insurance and superannuation","content":"28 Insurance and superannuation\n(1) This section applies to a person providing insurance or\nsuperannuation services (the insurance or superannuation services\nprovider) who discriminates against another person (the consumer)\nin relation to the terms on which—\n(a) an annuity or insurance policy is offered or provided to the\nconsumer; or\n(b) membership of a superannuation or provident fund or scheme is\noffered or provided to the consumer.\n(2) Part 3 does not make it unlawful for the insurance or superannuation\nservices provider to discriminate against the consumer if—\n(a) the discrimination is based on—\n(i) actuarial or statistical data; or\n(ii) when actuarial and statistical data is unavailable—other\nrelevant documents; and\n(b) it is reasonable for the insurance or superannuation services\nprovider to rely on the data or other documents; and\n(c) the discrimination is reasonable, proportionate and justifiable in\n\n(3) If the consumer requests access to the data or other documents, the\ninsurance or superannuation services provider must—\n(a) give the consumer a copy of the data or other documents, or a\nmeaningful explanation of the data or other documents in\nwriting; or\n(b) make the data or other documents available for inspection at a\nreasonable time and place.\n","sortOrder":37},{"sectionNumber":"30","sectionType":"section","heading":"Acts done under statutory authority etc","content":"30 Acts done under statutory authority etc\n(1) This Act does not make unlawful anything done necessarily for the\npurpose of complying with a requirement of—\n(a) a territory law; or\n(b) a determination or direction made under a territory law; or\n(c) an order of a court; or\n(d) an order of the ACAT.\n(2) The Minister may declare that subsection (1) (a) and (b) expire on a\nday stated in the declaration.\n(3) The declaration is a notifiable instrument.\n(4) Subsection (1) (a) and (b) and this subsection expire on the day stated\nin the declaration.\n","sortOrder":38},{"sectionNumber":"31","sectionType":"section","heading":"Clubs and voluntary bodies","content":"31 Clubs and voluntary bodies\nPart 3 does not make it unlawful for a club or voluntary body, or the\ncommittee of management or a member of the committee of\nmanagement of the club or body, to discriminate against a person if—\n(a) the club or body is established to benefit a class of people\nsharing a protected attribute; and\n\n(b) the discrimination—\n(i) is in relation to the provision of membership, benefits,\nfacilities or services to the person; and\n(ii) occurs because the person does not have the protected\nattribute; and\n(iii) is reasonable, proportionate and justifiable in the\ncircumstances.\n","sortOrder":39},{"sectionNumber":"32","sectionType":"section","heading":"Religious bodies","content":"32 Religious bodies\n(1) Part 3 does not make it unlawful for a religious body to discriminate\nagainst a person in relation to the following:\n(a) the ordination or appointment, by the body, of priests, ministers\nof religion or members of an order;\n(b) the training or education of people seeking ordination or\nappointment, by the body, as priests, ministers of religion or\nmembers of an order;\n(c) the selection or appointment of people to exercise functions for,\nor in relation to, any religious observance or practice by the\nbody;\n(d) the provision by the body of goods, services or facilities to the\npublic if—\n(i) the discrimination—\n(A) is on the ground of religious conviction only; and\n(B) conforms to the doctrines, tenets or beliefs of the\nbody’s religion; and\n(C) is necessary to avoid injury to the religious\nsusceptibilities of adherents of the religion; and\n\n(ii) the body has published its policy in relation to the\nprovision of goods, services or facilities; and\n(iii) the policy is readily accessible to the public;\n(e) employment by the body if—\n(i) the discrimination—\n(A) is on the ground of religious conviction only; and\n(B) conforms to the doctrines, tenets or beliefs of the\nbody’s religion; and\n(C) is necessary to avoid injury to the religious\nsusceptibilities of adherents of the religion; and\n(ii) the body has published its policy in relation to employment\nwith the body; and\n(iii) the policy is readily accessible to the public;\n(f) the provision by the body of accommodation for members of a\nrelevant class of people;\n(g) any other act or practice of the body that—\n(i) conforms to the doctrines, tenets or beliefs of the body’s\nreligion; and\n(ii) is necessary to avoid injury to the religious susceptibilities\nof adherents of the religion.\n(2) Subsection (1) (d) to (g) does not apply to discrimination in relation\nto—\n(a) employment of a person at an educational institution; or\n(b) admission, treatment or continued enrolment of a person as a\nstudent at an educational institution.\n(3) Subsection (1) does not apply to a religious body whose sole or main\npurpose is a commercial purpose.\n\n","sortOrder":40},{"sectionNumber":"33A","sectionType":"section","heading":"Discrimination relating to accommodation, goods or","content":"33A Discrimination relating to accommodation, goods or\nservices etc\nPart 3 does not make it unlawful to discriminate against a person in\nrelation to accommodation, providing goods or services or making\nfacilities available only because a person charges for the\naccommodation, goods, services or facilities.\n","sortOrder":41},{"sectionNumber":"33B","sectionType":"section","heading":"Genuine occupational qualifications","content":"33B Genuine occupational qualifications\n(1) Part 3 does not make it unlawful to discriminate against a person in\nrelation to a position as an employee, commission agent, contract\nworker or business partner if—\n(a) it is a genuine occupational qualification of the position that the\nposition be filled by a person having a particular protected\nattribute; and\nExamples—genuine occupational qualifications\n• employing a female carer to provide personal care services for a woman on\nthe basis of privacy or modesty\n• selecting a person of a particular race for a role in a theatrical performance on\nthe basis of authenticity, aesthetics or tradition\n• preferencing people with lived experience of family and domestic violence for\npeer support positions in a women’s crisis centre\n(2) Subsection (1) does not apply to discrimination on the ground of\nreligious conviction.\n\nExceptions about sex, relationship status, pregnancy or breastfeeding Division 4.2\n","sortOrder":42},{"sectionNumber":"33C","sectionType":"section","heading":"Inherent requirements of employment","content":"33C Inherent requirements of employment\nPart 3 does not make it unlawful for an employer to discriminate\nagainst another person (a prospective employee) in relation to a\nposition of employment if—\n(a) the prospective employee is, or would be, unable to carry out the\ninherent requirements of the position—\n(i) because of the prospective employee’s protected attribute;\nand\n(ii) regardless of any reasonable adjustments able to be made\nby the employer in accordance with section 74; and\n","sortOrder":43},{"sectionNumber":"33D","sectionType":"section","heading":"Competitions—age","content":"33D Competitions—age\nSection 23B (Competitions) does not make it unlawful to discriminate\non the ground of age by limiting participation in a competition to\npeople belonging to a particular age group.\nDivision 4.2 Exceptions about sex, relationship\nstatus, pregnancy or breastfeeding\n35 Employment of couple\nPart 3 does not make unlawful discrimination against a person on the\ngrounds of relationship status in relation to a job that is 1 of 2 jobs to\nbe held by a couple in a domestic partnership.\nNote For the meaning of domestic partnership, see Legislation Act, s 169.\n\n","sortOrder":44},{"sectionNumber":"Div 4","sectionType":"division","heading":"2 Exceptions about sex, relationship status, pregnancy or breastfeeding","content":"Division 4.2 Exceptions about sex, relationship status, pregnancy or breastfeeding\n","sortOrder":45},{"sectionNumber":"36","sectionType":"section","heading":"Educational institutions for members of one sex","content":"36 Educational institutions for members of one sex\nSection 18 does not make unlawful discrimination on the ground of\nsex in relation to a failure to accept a person’s application for\nadmission as a student at an educational institution that is conducted\nsolely for students of a different sex to that of the applicant.\n","sortOrder":46},{"sectionNumber":"37","sectionType":"section","heading":"Pregnancy, childbirth or breastfeeding","content":"37 Pregnancy, childbirth or breastfeeding\nPart 3 does not make it unlawful for a person to discriminate against\nanother person on the ground of the other person’s sex only because\nthe first person gives rights or privileges in relation to pregnancy,\nchildbirth or breastfeeding to other people.\n","sortOrder":47},{"sectionNumber":"38","sectionType":"section","heading":"Services for members of one sex","content":"38 Services for members of one sex\nPart 3 does not make unlawful discrimination on the ground of sex in\nrelation to the provision of services the nature of which is such that\nthey can only be provided to members of one sex.\n","sortOrder":48},{"sectionNumber":"39","sectionType":"section","heading":"Accommodation provided for employees, contract","content":"39 Accommodation provided for employees, contract\nworkers or students\n(1) Part 3, in its application in relation to discrimination on the ground of\nsex, relationship status, pregnancy or breastfeeding, does not make it\nunlawful for an employer or principal who provides accommodation\nto employees or contract workers to provide accommodation of\ndifferent standards to different employees or contract workers if—\n(a) the standard of the accommodation provided is decided having\nregard to the number of people in the household of the employee\nor contract worker; and\n(b) it is not reasonable to expect the employer or principal to provide\naccommodation of the same standard for all employees or\ncontract workers.\n\nExceptions about sex, relationship status, pregnancy or breastfeeding Division 4.2\n(2) Part 3 does not make unlawful discrimination on the ground of sex in\nrelation to the provision of accommodation if the accommodation is\nprovided solely for people of one sex who are students at an\neducational institution.\n","sortOrder":49},{"sectionNumber":"41","sectionType":"section","heading":"Sporting activities—sex","content":"41 Sporting activities—sex\ndiscriminate on the ground of sex by excluding people of one sex\nfrom participation in any formally organised competitive sporting\nactivity if—\n(a) the strength, stamina or physique of competitors is relevant; and\n(2) Subsection (1) does not apply to the following kinds of\ndiscrimination:\n(a) the exclusion of people from participation in—\n(i) the coaching of people engaged in any sporting activity; or\n(ii) the umpiring or refereeing of any sporting activity; or\n(iii) the administration of any sporting activity; or\n(iv) any other formally organised competitive sporting activity\nprescribed by regulation;\n(b) discrimination against a child under 12 years old.\n\nDivision 4.4 Exceptions relating to religious or political convictions\nDivision 4.4 Exceptions relating to religious or\npolitical convictions\n44 Religious workers\nSection 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or\nsection 14 (1) (a) or (2) (a) does not make unlawful—\n(a) discrimination on the ground of religious conviction by an\neducational authority in relation to employment or work in an\neducational institution conducted by the authority; or\n(b) discrimination on the ground of religious conviction by a\nreligious body in relation to employment or work in a hospital\nor other place conducted by the body in which health services\nare provided;\nif the duties of the employment or work involve, or would involve,\nthe participation by the employee or worker in the teaching or practice\nof the relevant religion.\n","sortOrder":50},{"sectionNumber":"45","sectionType":"section","heading":"Political workers etc","content":"45 Political workers etc\nSection 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or\nsection 14 (1) (a) or (2) (a) does not make unlawful discrimination on\nthe ground of political conviction in relation to employment or\nwork—\n(a) as an adviser to, or a member of the staff of, a Minister, the\nSpeaker of the Legislative Assembly or a member of the\nLegislative Assembly; or\n(b) as an officer or employee of, or a worker for, a political party;\nor\n(c) as a member of the electoral staff of a person; or\n(d) in any other similar employment or work.\n\nExceptions relating to religious or political convictions Division 4.4\n","sortOrder":51},{"sectionNumber":"46","sectionType":"section","heading":"Religious educational institutions","content":"46 Religious educational institutions\n(1) Section 18 does not make unlawful discrimination on the ground of\nreligious conviction in relation to a failure to accept a person’s\napplication for admission as a student at an educational institution\nthat is conducted solely for students having a religious conviction\nother than that of the applicant.\n(2) Section 10 or section 13 does not make unlawful discrimination on\nthe ground of religious conviction in relation to staff matters at an\neducational institution if—\n(a) the institution is conducted in accordance with the doctrines,\ntenets, beliefs or teaching of a particular religion or creed; and\n(b) the discrimination is intended to enable, or better enable, the\ninstitution to be conducted in accordance with those doctrines,\ntenets, beliefs or teachings.\n(3) Subsection (1) does not apply unless—\n(a) the educational institution has published its policy in relation to\nstudent matters; and\n(b) the policy is readily accessible by prospective and current\nstudents at the institution.\n(4) Subsection (2) does not apply unless—\n(a) the educational institution has published its policy in relation to\nstaff matters; and\n(b) the policy is readily accessible by prospective and current\nemployees and contractors of the institution.\n\n(5) In this section:\nstaff matters, in relation to an educational institution, means—\n(a) the employment of a member of staff of the institution; or\n(b) the engagement of a contractor to do work in the institution.\nstudent matters, in relation to an educational institution, means the\nadmission of a student at the institution.\n","sortOrder":52},{"sectionNumber":"50","sectionType":"section","heading":"Discrimination by qualifying bodies etc","content":"50 Discrimination by qualifying bodies etc\n(1) Section 16 does not make unlawful discrimination by an authority or\nbody against a person on the ground of disability if the authority or\nbody believes on reasonable grounds that, because of a disability, the\nperson is, or would be, unable to carry out work that is essential to\nthe position concerned.\ndisability does not include anything mentioned in—\n(a) section 5AA (2) (b) or (c) (Meaning of disability etc); or\n(b) section 7 (2) (Protected attributes), other than a disability that\nthe person has.\n","sortOrder":53},{"sectionNumber":"51","sectionType":"section","heading":"Discrimination by educational institutions","content":"51 Discrimination by educational institutions\n(1) Section 18 does not make unlawful discrimination on the ground of\ndisability in relation to a failure to accept a person’s application for\nadmission as a student at an educational institution that is conducted\nsolely for students with a disability that the applicant does not have.\n\nExceptions relating to disability Division 4.5\n(2) Section 18 does not make unlawful discrimination on the ground of\ndisability in relation to a failure to accept an application by a person\nwith a disability for admission as a student at an educational\ninstitution if the person, if so admitted, would require services or\nfacilities that are not required by students who do not have a\ndisability, the provision of which would impose unjustifiable\nhardship on the relevant educational authority.\n","sortOrder":54},{"sectionNumber":"52","sectionType":"section","heading":"Discrimination relating to access to premises","content":"52 Discrimination relating to access to premises\n(1) Section 19 does not make unlawful discrimination on the ground of\ndisability in relation to the provision of access to premises if—\n(a) the premises are so designed or constructed as to be inaccessible\nto a person with a disability; and\n(b) any alteration of the premises to provide such access would\nimpose unjustifiable hardship on the person who would have to\nprovide that access.\n(2) The Minister may declare that subsection (1) does not apply to a\nbuilding the construction of which begins on or after a day stated in\nthe declaration.\n(3) The declaration is a notifiable instrument.\n(4) Subsection (1) does not apply to a building the construction of which\nbegins on or after a day stated in the declaration.\n(5) For this section, the construction of a building begins on the day when\na building approval for the erection of the building is granted under\nthe Building Act 2004.\n\n","sortOrder":55},{"sectionNumber":"53","sectionType":"section","heading":"Discrimination in the provision of goods and services","content":"53 Discrimination in the provision of goods and services\n(1) Section 20 does not make unlawful discrimination on the ground of\ndisability in relation to the provision of goods, services or facilities\nif—\n(a) because of a person’s disability, the goods, services or facilities\nwould have to be provided in a special way; and\n(b) their provision in that way would impose unjustifiable hardship\non the person providing, or proposing to provide, the goods,\nservices or facilities.\nservices includes services provided by an employment agency.\n","sortOrder":56},{"sectionNumber":"54","sectionType":"section","heading":"Discrimination relating to accommodation","content":"54 Discrimination relating to accommodation\nSection 21 does not make unlawful discrimination on the ground of\ndisability in relation to the provision of accommodation to a person\nwith a disability if special services or facilities are, or would be,\nrequired by the person and their provision would impose unjustifiable\nhardship on the person providing or proposing to provide the\naccommodation.\n","sortOrder":57},{"sectionNumber":"56","sectionType":"section","heading":"Public health","content":"56 Public health\nPart 3 does not make unlawful discrimination against a person on the\nground of disability if the discrimination is necessary and reasonable\nto protect public health.\n\nExceptions relating to disability Division 4.5\n","sortOrder":58},{"sectionNumber":"57","sectionType":"section","heading":"Sporting activities—disability","content":"57 Sporting activities—disability\ndiscriminate on the ground of disability by excluding a person from\nparticipation in any formally organised competitive sporting activity\nif—\n(a) the discrimination is reasonable, proportionate and justifiable in\nthe circumstances and—\n(i) the person is not reasonably capable of performing the\nactions reasonably required in relation to the sporting\nactivity; or\n(ii) the people participating in the sporting activity are selected\nin a reasonable way on the basis of their skills and abilities\nrelevant to the sporting activity and relative to each other;\nor\n(b) the activity is conducted for, or mainly for, people who have a\nparticular kind of disability and the person does not have a\ndisability of that kind.\n(2) Subsection (1) does not apply in relation to the exclusion of people\nfrom participation in—\n(a) the coaching of people engaged in any sporting activity; or\n(b) the umpiring or refereeing of any sporting activity; or\n(c) the administration of any sporting activity; or\n(d) any other formally organised competitive sporting activity\nprescribed by regulation.\n\n","sortOrder":59},{"sectionNumber":"57B","sectionType":"section","heading":"Youth wages","content":"57B Youth wages\n(1) This section applies if an award provides for the payment of reduced\nwages to employees under 21 years old.\n(2) If this section applies, section 10 (1) or (2) (a) or (b) does not make it\nunlawful for an employer to discriminate against a person on the\nground of age—\n(a) if the person is 21 years old or older—in relation to the offer of\nemployment to a person under 21 years old; or\n(b) if the person is under 21 years old—in relation to the payment\nof reduced wages to the person in accordance with the award.\naward means a modern award made under the Fair Work Act 2009\n(Cwlth).\n","sortOrder":60},{"sectionNumber":"57C","sectionType":"section","heading":"Employment and work—health and safety","content":"57C Employment and work—health and safety\n(1) Section 10 (1) (c) or (2) (a) or (b), section 12 (1) (c) or (2) (a) or (b),\nsection 13 (a) or (c) or section 14 (1) (b), (2) (b) or (3) (a) does not\nmake it unlawful to discriminate against a person on the ground of\nage in relation to employment or work, or qualifications for\nemployment or work, if the discrimination is practised to comply with\nreasonable health and safety requirements relevant to the employment\nor work.\n(2) In deciding what health and safety requirements are reasonable for\nsubsection (1), all the relevant circumstances of the particular case\nmust be taken into account, including the effects of the discrimination\non the person discriminated against.\n\nExceptions relating to age Division 4.6\n","sortOrder":61},{"sectionNumber":"57E","sectionType":"section","heading":"Education—minimum-age admissions","content":"57E Education—minimum-age admissions\n(1) Section 18 does not make it unlawful to discriminate against a person\non the ground of age in relation to the admission of the person to an\neducational institution if the level of education or training sought is\nprovided only for students older than a particular age.\n(2) Section 18 does not make it unlawful to fail to accept an application\nfor admission as a student at an educational institution under a mature\nage admission scheme, if the application is made by a person whose\nage is below the minimum age fixed under that scheme for admission.\n","sortOrder":62},{"sectionNumber":"57G","sectionType":"section","heading":"Legal incapacity","content":"57G Legal incapacity\nthe ground of age in relation to a transaction if the person is subject\nto a legal incapacity because of his or her age and the incapacity is\nrelevant to the transaction.\n","sortOrder":63},{"sectionNumber":"57H","sectionType":"section","heading":"Benefits and concessions","content":"57H Benefits and concessions\n","sortOrder":64},{"sectionNumber":"Div 3","sectionType":"division","heading":"2 does not make it unlawful to discriminate against a","content":"Division 3.2 does not make it unlawful to discriminate against a\nperson in relation to the provision of genuine benefits, including\nconcessions, to someone else because of his or her age.\n","sortOrder":65},{"sectionNumber":"57J","sectionType":"section","heading":"Goods, services and facilities—health and safety","content":"57J Goods, services and facilities—health and safety\n(1) Section 19 or section 20 does not make it unlawful to discriminate\nagainst a person on the ground of age in relation to the provision of\ngoods, services or facilities if that discrimination is practised to\ncomply with reasonable health and safety requirements relevant to\nsuch provision.\n(2) In deciding what health and safety requirements are reasonable for\nsubsection (1), all the relevant circumstances of the particular case\nmust be taken into account, including the effects of the discrimination\non the person discriminated against.\n\nDivision 4.7 Exceptions relating to profession, trade, occupation or calling\n","sortOrder":66},{"sectionNumber":"57K","sectionType":"section","heading":"Recreational tours and accommodation","content":"57K Recreational tours and accommodation\nSection 20 or section 21 does not make it unlawful to discriminate\nagainst a person on the ground of age in relation to the provision of a\nrecreational tour or recreational accommodation.\n","sortOrder":67},{"sectionNumber":"57M","sectionType":"section","heading":"Sporting activities—age","content":"57M Sporting activities—age\ndiscriminate on the ground of age by limiting participation in a\nformally organised competitive sporting activity to people belonging\nto a particular age group.\n(2) This section does not apply in relation to the exclusion of people from\nparticipation in—\n(a) coaching people doing any sporting activity; or\n(b) umpiring or refereeing any sporting activity; or\n(c) administering any sporting activity; or\n(d) any other formally organised competitive sporting activity\nprescribed by regulation.\nDivision 4.7 Exceptions relating to profession,\ntrade, occupation or calling\n","sortOrder":68},{"sectionNumber":"57N","sectionType":"section","heading":"Discrimination in profession, trade, occupation or calling","content":"57N Discrimination in profession, trade, occupation or calling\nthe ground of the profession, trade, occupation or calling of the person\nin relation to any transaction if profession, trade, occupation or\ncalling is relevant to that transaction and the discrimination is\nreasonable in those circumstances.\n\nExceptions relating to employment status Division 4.8\nDivision 4.8 Exceptions relating to employment\nstatus\n","sortOrder":69},{"sectionNumber":"57O","sectionType":"section","heading":"Discrimination relating to employment status","content":"57O Discrimination relating to employment status\nthe ground of employment status in relation to something mentioned\nin section 10 (1) or (2) (Applicants and employees) if the\ndiscrimination is reasonable, having regard to any relevant factors.\nDivision 4.9 Exceptions relating to immigration\nstatus\n","sortOrder":70},{"sectionNumber":"57P","sectionType":"section","heading":"Discrimination relating to immigration status","content":"57P Discrimination relating to immigration status\nthe ground of immigration status if the discrimination is reasonable,\nhaving regard to any relevant factors.\nDivision 4.10 Exception relating to physical\nfeatures\n","sortOrder":71},{"sectionNumber":"57R","sectionType":"section","heading":"Health and safety—physical features","content":"57R Health and safety—physical features\nthe ground of physical features if the discrimination is reasonably\nnecessary to—\n(a) protect the health or safety of the person, anyone else or the\npublic generally; or\n(b) protect the property of the person, anyone else or the public\ngenerally.\n\n","sortOrder":72},{"sectionNumber":"58","sectionType":"section","heading":"Meaning of sexual harassment for pt 5","content":"58 Meaning of sexual harassment for pt 5\n(1) In this part:\nsexual harassment—a person subjects someone else to sexual\nharassment if the person makes an unwelcome sexual advance, or an\nunwelcome request for sexual favours, to the other person or engages\nin other unwelcome conduct of a sexual nature in circumstances in\nwhich the other person reasonably feels offended, humiliated or\nintimidated.\nconduct, of a sexual nature, includes the making of a statement of a\nsexual nature to, or in the presence of, a person, whether the statement\nis made orally or in writing.\n","sortOrder":73},{"sectionNumber":"59","sectionType":"section","heading":"Employment etc","content":"59 Employment etc\n(1) It is unlawful for an employer to subject an employee, or a person\nseeking employment, to sexual harassment.\n(2) It is unlawful for an employee to subject a fellow employee, or a\nperson seeking employment with the same employer, to sexual\nharassment.\n(3) It is unlawful for a principal to subject a commission agent or contract\nworker, or a person seeking to become his or her commission agent\nor contract worker, to sexual harassment.\n(4) It is unlawful for a commission agent or contract worker to subject a\nfellow commission agent or contract worker to sexual harassment.\n(5) It is unlawful for a partner in a partnership to subject another partner\nin the partnership, or a person seeking to become a partner in the\npartnership, to sexual harassment.\n\nSexual harassment Part 5\n(6) It is unlawful for a workplace participant to subject another\nworkplace participant, or a person seeking to become a workplace\nparticipant at that workplace, to sexual harassment at a place that is a\nworkplace, or potential workplace, as the case requires, of both of\nthose people.\n(7) In this section:\nplace includes a ship, aircraft or vehicle.\nworkplace means a place at which a workplace participant works or\notherwise carries out functions in connection with being a workplace\nparticipant.\nworkplace participant means any of the following:\n(a) an employer or employee;\n(b) a commission agent or contract worker;\n(c) a partner in a partnership.\n","sortOrder":74},{"sectionNumber":"60","sectionType":"section","heading":"Educational institutions","content":"60 Educational institutions\n(1) It is unlawful for a member of the staff of an educational institution\nto subject a student at that institution, or a person seeking admission\nto the institution as a student, to sexual harassment.\n(2) It is unlawful for a student at an educational institution to subject—\n(a) another student at the institution; or\n(b) a member of the staff of the institution;\nto sexual harassment.\n\n","sortOrder":75},{"sectionNumber":"61","sectionType":"section","heading":"Access to premises","content":"61 Access to premises\nharassment in the course of providing, or offering to provide, the\nother person with access to any premises to which the public or a\nsection of the public are entitled to have access, whether for payment\nor not.\n","sortOrder":76},{"sectionNumber":"62","sectionType":"section","heading":"Provision of goods, services and facilities","content":"62 Provision of goods, services and facilities\nharassment in the course of providing, or offering to provide, goods,\nservices or facilities to the other person.\n","sortOrder":77},{"sectionNumber":"63","sectionType":"section","heading":"Accommodation","content":"63 Accommodation\nharassment in the course of providing, or offering to provide,\naccommodation to the other person.\n","sortOrder":78},{"sectionNumber":"64","sectionType":"section","heading":"Clubs","content":"64 Clubs\nIt is unlawful for a member of the committee of management of a club\nto subject a member of the club, or a person seeking to become a\nmember of the club, to sexual harassment.\n","sortOrder":79},{"sectionNumber":"65","sectionType":"section","heading":"Sporting activities—sexual harassment","content":"65 Sporting activities—sexual harassment\nIt is unlawful for a person organising, administering or participating\nin a sporting activity to subject another person organising,\nadministering or participating in the sporting activity to sexual\nharassment.\n","sortOrder":80},{"sectionNumber":"66","sectionType":"section","heading":"Competitions—sexual harassment","content":"66 Competitions—sexual harassment\nIt is unlawful for a person organising, administering or participating\nin a competition to subject another person organising, administering\nor participating in the competition to sexual harassment.\n\nSexual harassment Part 5\n","sortOrder":81},{"sectionNumber":"67","sectionType":"section","heading":"Administration of territory laws etc—sexual harassment","content":"67 Administration of territory laws etc—sexual harassment\n(1) It is unlawful for a person to subject another person to sexual\nharassment when administering a territory law, or ACT government\nadministering, a territory law or ACT government program or policy,\nincludes exercising a function under the law or carrying out the\n\n","sortOrder":82},{"sectionNumber":"67A","sectionType":"section","heading":"Unlawful vilification","content":"67A Unlawful vilification\n(1) It is unlawful for a person to incite hatred toward, revulsion of, serious\ncontempt for, or severe ridicule of a person or group of people on the\nground of any of the following, other than in private:\n(a) disability;\n(b) gender identity;\n(c) HIV/AIDS status;\n(d) race;\n(e) religious conviction;\n(f) sex;\n(g) sex characteristics;\n(h) sexuality;\n(i) association (whether as a relative or otherwise) with a person\nwho is, or a group of people who are, identified by reference to\nan attribute mentioned in paragraphs (a) to (h).\nExamples—other than in private\n1 screening recorded material at an event that is open to the public, even if\nprivately organised\n2 writing a publicly viewable post on social media\n3 speaking in an interview intended to be broadcast or published\n4 actions or gestures observable by the public\n5 wearing or displaying clothes, signs or flags observable by the public\nNote Serious vilification is an offence under the Criminal Code, s 750.\n\nOther unlawful acts Part 7\n(2) However, it is not unlawful to—\n(a) make a fair report about an act mentioned in subsection (1); or\n(b) communicate, distribute or disseminate any matter consisting of\na publication that is subject to a defence of absolute privilege in\na proceeding for defamation; or\n(c) do an act mentioned in subsection (1) reasonably and honestly,\nfor academic, artistic, scientific or research purposes or for other\npurposes in the public interest, including discussion or debate\nabout and presentations of any matter.\nHIV/AIDS status means status as a person who has the Human\nImmunodeficiency Virus or Acquired Immune Deficiency\nSyndrome.\n","sortOrder":83},{"sectionNumber":"68","sectionType":"section","heading":"Victimisation","content":"68 Victimisation\n(1) It is unlawful for a person (the first person) to subject, or threaten to\nsubject, another person (the other person) to any detriment because—\n(a) the other person, or someone associated with the other person—\n(i) has taken discrimination action; or\n(ii) proposes to take discrimination action; or\n(b) the first person believes the other person, or someone associated\nwith the other person—\n(i) has taken discrimination action; or\n(ii) proposes to take discrimination action.\n\ndiscrimination action means any of the following:\n(a) begin a proceeding in the ACAT or a court in relation to this\nAct;\n(b) make a discrimination complaint;\n(c) participate in or assist with, a criminal investigation in relation\nto an offence under the Criminal Code, section 750 (Serious\nvilification);\n(d) give information or produce a document or other thing to a\nperson exercising a function under the HRC Act in relation to a\ndiscrimination complaint;\n(e) give information, produce a document or other thing or answer\na question when required under the HRC Act in relation to a\ndiscrimination complaint;\n(f) give evidence or produce a document or thing to the ACAT or a\ncourt in relation to this Act;\n(g) reasonably assert any rights that the other person, or someone\nelse, has under this Act;\n(h) claim that a person has committed an act that is unlawful under\nthis Act, or is an offence against the Criminal Code, section 750,\nother than a claim that is false and not made honestly;\n(i) do anything else in accordance with this Act.\ndiscrimination complaint means a complaint under the HRC Act\nabout an unlawful act.\nHRC Act means the Human Rights Commission Act 2005.\n\nOther unlawful acts Part 7\n","sortOrder":84},{"sectionNumber":"69","sectionType":"section","heading":"Unlawful advertising","content":"69 Unlawful advertising\nIt is unlawful for a person to advertise any matter—\n(a) that indicates an intention to do an act that is unlawful under\npart 3, part 5 or this part; or\n(b) that could reasonably be understood as indicating such an\nintention.\n\nPart 8 General principles about unlawful acts\nPart 8 General principles about\nunlawful acts\n70 Onus of establishing exception etc\nIf, apart from an exception, exemption, excuse, qualification or\njustification under this Act, conduct would be an unlawful act, the\nonus of establishing the exception, exemption, excuse, qualification\nor justification lies on the person seeking to rely on it.\n","sortOrder":85},{"sectionNumber":"71","sectionType":"section","heading":"Unlawful act not an offence","content":"71 Unlawful act not an offence\nThe doing of an act is not an offence only because it is an unlawful\nact.\n","sortOrder":86},{"sectionNumber":"72","sectionType":"section","heading":"Unlawful act no basis for civil action","content":"72 Unlawful act no basis for civil action\nThis Act does not give a person any right of action in relation to the\ndoing of an act that is an unlawful act.\n","sortOrder":87},{"sectionNumber":"73","sectionType":"section","heading":"Aiding etc unlawful acts","content":"73 Aiding etc unlawful acts\nA person who aids, abets, counsels or procures someone else to do an\nact that is an unlawful act is taken, for this Act, also to have done the\nact.\n\nPositive duties Part 9\n","sortOrder":88},{"sectionNumber":"74","sectionType":"section","heading":"Positive duty to make reasonable adjustments","content":"74 Positive duty to make reasonable adjustments\n(1) A person must make reasonable adjustments to accommodate another\nperson’s particular needs arising from a protected attribute if\ndiscrimination on the ground of the attribute is unlawful under this\nAct.\n(2) For subsection (1), an adjustment is not reasonable if it would cause\nunjustifiable hardship to the person making the adjustment.\n(3) Failure to make reasonable adjustments in accordance with this\nsection is an unlawful act.\n","sortOrder":89},{"sectionNumber":"75","sectionType":"section","heading":"Positive duty to eliminate discrimination, sexual","content":"75 Positive duty to eliminate discrimination, sexual\nharassment and unlawful vilification\n(1) This section applies to an organisation or business, and any individual\nwith organisational management responsibility for an organisation or\nbusiness, required under this Act not to engage in discrimination,\nsexual harassment or unlawful vilification in particular\ncircumstances.\nExamples—organisation\n• educational authority\n• sporting club\n• church\nExamples—individual with organisational management responsibility\n• sole trader\n• chancellor or vice-chancellor at a university\n• owner of a small private business\n(2) The organisation, business or individual must take reasonable and\nproportionate steps to eliminate the discrimination, sexual harassment\nand unlawful vilification.\n\n(3) In deciding whether steps are reasonable and proportionate, all the\ncircumstances must be considered, including the following:\n(a) the nature and size of the organisation or business;\n(b) the resources of the organisation, business or individual;\n(c) the business or operational priorities of the organisation,\nbusiness or individual;\n(d) practicability and cost of the steps.\n(4) However, this section does not apply to—\n(a) an administrative unit, territory authority or territory\ninstrumentality until 12 months after the commencement day; or\n(b) an individual with organisational management responsibility for\nan entity mentioned in paragraph (a) until 12 months after the\ncommencement day; or\n(c) any other person until 3 years after the commencement day.\n(5) This subsection, subsection (4) and subsection (6), definition of\ncommencement day expire 3 years after the commencement day.\n(6) In this section:\ncommencement day means the day the Discrimination Amendment\nAct 2023, section 3 commences.\norganisational management responsibility, in relation to an\norganisation or business, means responsibility for controlling or\ndirecting the organisation or business.\n\nPositive duties Part 9\n","sortOrder":90},{"sectionNumber":"76","sectionType":"section","heading":"Exception or exemption for positive duties","content":"76 Exception or exemption for positive duties\nA duty under section 74 or section 75 does not apply to a person to\nthe extent that—\n(a) an exception under part 4 applies to make the discrimination\nlawful; or\n(b) the person is, under part 10, exempt from a provision of this Act\nthat makes the discrimination unlawful.\n\n","sortOrder":91},{"sectionNumber":"109","sectionType":"section","heading":"Grant of exemptions","content":"109 Grant of exemptions\n(1) The HRC may, on written application, exempt the applicant from the\noperation of a specified provision of part 3, part 5 or part 7.\n(2) The HRC may, on a written application made—\n(a) by a person to whom an exemption has been granted; and\n(b) before expiry of that exemption;\nfurther exempt the applicant from the operation of the provision\nconcerned.\n(3) In the exercise of a power under subsection (1) or subsection (2), the\nmatters to which the HRC must have regard include the following\nmatters:\n(a) the need to promote an acceptance of, and compliance with, this\nAct;\n(b) the desirability, if relevant, of certain discriminatory actions\nbeing permitted for the purpose of redressing the effects of past\ndiscrimination.\n(4) An exemption or further exemption—\n(a) is a notifiable instrument; and\n(b) is subject to the conditions (if any) specified in the notice; and\n(c) has effect according to its terms for the period not longer than\n3 years specified in the notice.\n(5) If the HRC refuses to grant an exemption or a further exemption, the\nHRC must give the applicant or each applicant written notice of the\nrefusal.\n(6) A notice mentioned in subsection (4) or (5) is a reviewable decision\nnotice.\n\nExemptions Part 10\n","sortOrder":92},{"sectionNumber":"110","sectionType":"section","heading":"Review by ACAT","content":"110 Review by ACAT\nAn application may be made to the ACAT for review of a decision of\nthe HRC under section 109.\n\n","sortOrder":93},{"sectionNumber":"121","sectionType":"section","heading":"Secrecy","content":"121 Secrecy\n(1) In this section:\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\ndivulge includes communicate.\nperson to whom this section applies means a person who exercises,\nor has exercised, a function under this Act.\nproduce includes allow access to.\nprotected information means information about a person that is\ndisclosed to, or obtained by, a person to whom this section applies\nbecause of the exercise of a function under this Act by the person or\nsomeone else.\n(2) A person to whom this section applies commits an offence if—\n(a) the person—\n(i) makes a record of protected information about someone\nelse; and\n(ii) is reckless about whether the information is protected\ninformation about someone else; or\n(b) the person—\n(i) does something that divulges protected information about\nsomeone else; and\n(ii) is reckless about whether—\n(A) the information is protected information about\nsomeone else; and\n\nMiscellaneous Part 12\n(B) doing the thing would result in the information being\ndivulged to someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(3) Subsection (2) does not apply if the record is made, or the information\nis divulged—\n(a) under this or any other Act; or\n(b) in relation to the exercise of a function, as a person to whom this\nsection applies, under this Act or another territory law.\n(4) Subsection (2) does not apply to the divulging of protected\ninformation about someone with the person’s consent.\n(5) A person to whom this section applies need not divulge protected\ninformation to a court, or produce a document containing protected\ninformation to a court, unless it is necessary to do so for this Act or\nanother territory law.\n","sortOrder":94},{"sectionNumber":"121A","sectionType":"section","heading":"Acts and omissions of representatives","content":"121A Acts and omissions of representatives\n(1) This section applies to the doing of an unlawful act (conduct).\nNote 1 A complaint may be made about an unlawful act (see Human Rights\nCommission Act 2005, s 42 (1) (c)).\nNote 2 Doing an act—see s 4A.\n(2) Conduct engaged in on behalf of a person by a representative of the\nperson is taken to have been engaged in by the person if the conduct\nwas within the scope of the representative’s actual or apparent\nauthority.\n(3) However, subsection (2) does not apply if the person establishes that\nthe person took all reasonable steps to prevent the representative from\nengaging in the conduct.\n\n(4) In this section:\nrepresentative, of a person, means an employee or agent of the\nperson.\n","sortOrder":95},{"sectionNumber":"122","sectionType":"section","heading":"Relationship to other laws","content":"122 Relationship to other laws\nThis Act is additional to any other territory law that provides for the\nprotection of a person from conduct that is or would be unlawful\nunder this Act.\n","sortOrder":96},{"sectionNumber":"123","sectionType":"section","heading":"Regulation-making power","content":"123 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) The regulations may except people, activities or other things from the\noperation of particular provisions of part 3, part 5 or part 7.\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• body\n• civil partner\n• civil partnership\n• civil union\n• civil union partner\n• corporation\n• director-general (see s 163)\n• domestic partner (see s 169)\n• domestic partnership (see s 169)\n• fail\n• for\n• in relation to\n• intersex person (see s 169B)\n• reviewable decision notice\n• State\n• territory authority\n• territory law\n• the Territory\n• under.\naccommodation includes residential and business accommodation.\naccommodation status includes being—\n(a) a tenant; and\n(b) an occupant within the meaning of the Residential Tenancies\nAct 1997; and\n\n(c) in receipt of, or waiting to receive, housing assistance within the\nmeaning of the Housing Assistance Act 2007; and\n(d) homeless.\ncarer—a person is a carer of someone else (the dependant) if—\n(a) the dependant is dependent on the person for ongoing care and\nassistance; and\n(b) the person cares for the dependant otherwise than because of—\n(i) a commercial arrangement; or\n(ii) an arrangement that is substantially commercial.\nExample—carer\nJesse has multiple sclerosis and requires constant care. Jesse’s spouse and\n3 children share care for Jesse and each is a carer.\nclub means an association (whether incorporated or unincorporated)\nformed for social, literary, cultural, political, sporting, athletic or\nother lawful purposes that provides and maintains facilities, in whole\nor in part, from the funds of the association.\ncommission agent means a person who does work for another person\nas the agent of that other person and who is remunerated (whether\nwholly or partially) by commission.\ncommittee of management, in relation to a club, organisation or\nvoluntary body, means the group or body of people (however\ndescribed) that manages the affairs of the club, organisation or\nvoluntary body.\ncontract worker means a person (the worker) who does work for\nsomeone else (the third person) under a contract between the\nworker’s employer and the third person.\ndisability—see section 5AA.\ndiscrimination—see section 8.\ndoing an act—see section 4A.\n\neducational authority means a body or person administering an\neducational institution.\neducational institution means a school, college, university or other\ninstitution at which education or training is provided.\nemployer, in relation to an unpaid worker, means the person for\nwhom the unpaid worker performs work.\nemployment includes—\n(a) work under a contract for services; and\n(b) work as a territory employee; and\n(c) work as an unpaid worker.\nemployment agency means any person who or body that (whether for\npayment or not) assists people to find employment or other work or\nassists employers to find employees or workers.\nemployment status includes—\n(a) being unemployed; and\n(b) receiving a pension or another social security benefit; and\n(c) receiving compensation; and\n(d) being employed on a part-time, casual or temporary basis; and\n(e) undertaking shift or contract work.\ngender identity means the gender expression or gender-related\nidentity, appearance or mannerisms or other gender-related\ncharacteristics of a person, with or without regard to the person’s\ndesignated sex at birth.\nNote Gender identity includes the gender identity that the person has or has\nhad in the past, or is thought to have or have had in the past (see s 7 (2)).\nHRC means the human rights commission.\n\nimmigration status includes being an immigrant, a refugee or an\nasylum seeker, or holding any kind of visa under the Migration\nAct 1958 (Cwlth).\nNote Immigration status includes the immigration status that the person has\nor has had in the past, or is thought to have or have had in the past\n(see s 7 (2)).\nindustrial activity means any of the following:\n(a) being or not being a member of, or joining, not joining or\nrefusing to join, an industrial organisation or industrial\nassociation;\n(b) establishing or being involved in establishing an industrial\norganisation or forming or being involved in forming an\nindustrial association;\n(c) organising or promoting or proposing to organise or promote a\nlawful activity on behalf of an industrial organisation or\nindustrial association;\n(d) encouraging, assisting, participating in or proposing to\nencourage, assist or participate in a lawful activity organised or\npromoted by an industrial organisation or industrial association;\n(e) not participating in or refusing to participate in a lawful activity\norganised or promoted by an industrial organisation or industrial\nassociation;\n(f) representing or advancing the views, claims or interests of\nmembers of an industrial organisation or industrial association.\nindustrial association—\n(a) means a group of employees or employers formed formally or\ninformally to represent or advance the views, claims or interests\nof the employees or employers in a particular industry, trade,\nprofession, business or employment; but\n(b) does not include an industrial organisation.\n\nindustrial organisation means any of the following that is registered\nor recognised under the law of the Commonwealth, a State or another\nTerritory:\n(a) an organisation of employees;\n(b) an organisation of employers;\n(c) any other organisation established for the purposes of people\nwho carry on a particular industry, trade, profession, business or\nemployment.\nirrelevant criminal record, in relation to a person, means a record\nrelating to an offence, or an alleged offence, if—\n(a) the person has been charged with the offence but—\n(i) a proceeding for the alleged offence is not finalised; or\n(ii) the charge has lapsed, been withdrawn or discharged, or\nstruck out; or\n(b) the person has been acquitted of the alleged offence; or\n(c) the person has had a conviction for the alleged offence quashed\nor set aside; or\n(d) the person has been served with an infringement notice for the\nalleged offence; or\n(e) the person has a conviction for the offence, but the\ncircumstances of the offence are not directly relevant to the\nsituation in which discrimination arises; or\n(f) the person has an extinguished conviction, within the meaning\nof the Spent Convictions Act 2000, for the offence; or\n(g) the person has a spent conviction, within the meaning of the\nSpent Convictions Act 2000, for the offence, unless—\n(i) the circumstances of the offence are directly relevant to the\nsituation in which discrimination arises; and\n\n(ii) the Spent Convictions Act 2000, section 16 does not apply\nto the person in the situation in which discrimination arises.\nNote The Spent Convictions Act 2000, s 19 sets out the\ncircumstances in which s 16 does not apply in relation to an\napplication by a person.\nphysical features means a person’s height, weight, size or other\nbodily features.\npolitical conviction includes—\n(a) having a political conviction, belief, opinion or affiliation; and\n(b) engaging in political activity; and\n(c) not having a political conviction, belief, opinion or affiliation;\nand\n(d) not engaging in political activity.\npotential pregnancy—see section 5A.\npregnancy includes potential pregnancy.\npremises includes—\n(a) a structure, building, aircraft, vehicle or vessel; and\n(b) a place (whether enclosed or built on or not); and\n(c) a part of premises (including premises of a kind referred to in\nparagraph (a) or paragraph (b)).\nprincipal means—\n(a) for a commission agent—a person for whom the commission\nagent does work as a commission agent; or\n(b) for a contract worker—a person for whom the contract worker\ndoes work under a contract between the contract worker’s\nemployer and the person.\nprotected attribute—see section 7.\n\nrace includes—\n(a) colour, descent, ethnic and national origin and nationality; and\n(b) any 2 or more distinct races that are collectively referred to or\nknown as a race.\nrelationship status means the status or condition of being—\n(a) single; or\n(b) married; or\n(c) married but living separately and apart from one’s spouse; or\n(d) in a civil union; or\n(e) in a civil union but living separately and apart from one’s civil\nunion partner; or\n(f) in a civil partnership; or\n(g) in a civil partnership but living separately and apart from one’s\ncivil partner; or\n(h) divorced; or\n(i) the surviving spouse; or\n(j) the domestic partner (other than the spouse, civil union partner\nor civil partner) of someone else.\nNote For the meaning of domestic partner, see Legislation Act, s 169.\nrelative, of a person, means—\n(a) a person who is related to the person by blood, marriage, civil\nunion, civil partnership or any other domestic partnership or\nadoption; or\n(b) a domestic partner of the person or of a person mentioned in\nparagraph (a).\nrelevant class of people means a class of people whose members are\nidentified by reference to a protected attribute.\n\nreligious conviction includes—\n(a) having a religious conviction, belief, opinion or affiliation; and\n(b) engaging in religious activity; and\n(c) the cultural heritage and distinctive spiritual practices,\nobservances, beliefs and teachings of Aboriginal and Torres\nStrait Islander people; and\n(d) engaging in the cultural heritage and distinctive spiritual\npractices, observances, beliefs and teachings of Aboriginal and\nTorres Strait Islander peoples; and\n(e) not having a religious conviction, belief, opinion or affiliation;\nand\n(f) not engaging in religious activity.\nservices includes—\n(a) services relating to banking, insurance or the provision of grants,\nloans, credit or finance; and\n(b) services relating to entertainment, recreation or refreshment; and\n(c) services relating to transport or travel; and\n(d) services of any profession, trade or business; and\n(e) services provided by a government, government authority, local\ngovernment body or corporation in which a government has a\ncontrolling interest; and\n(f) the provision of scholarships, prizes or awards.\nsex characteristics—\n(a) means a person’s physical features relating to sex; and\n(b) includes—\n(i) genitalia and other sexual and reproductive parts of the\nperson’s anatomy; and\n\n(ii) the person’s chromosomes, hormones and secondary\nphysical features emerging as a result of puberty.\nsexual harassment, for part 5 (Sexual harassment)—see section 58.\nsexuality includes heterosexuality, homosexuality and bisexuality.\nterritory employee means a person who is—\n(a) a public servant; or\n(b) employed by a territory authority.\nunlawful act means an act that is unlawful under—\n(a) part 3 (Unlawful discrimination); or\n(b) part 5 (Sexual harassment); or\n(c) part 7 (Other unlawful acts).\nunpaid worker means a person who performs work for an employer\nfor no remuneration.\nvoluntary body means an association or other body (whether\nincorporated or unincorporated) the activities of which are not\nengaged in for the purpose of making a profit, but does not include—\n(a) a club; or\n(b) a body established by a law of the Territory, the Commonwealth,\na State or another Territory; or\n(c) an association that provides grants, loans, credit or finance to its\nmembers.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nDiscrimination Act 1991 A1991-81\nnotified 13 December 1991 (Gaz 1991 No S143)\ns 1, s 2 commenced 13 December 1991 (s 2 (1))\nremainder commenced 20 January 1992 (s 2 (2) and Gaz 1992 No S6)\nas amended by\nDiscrimination (Amendment) Act 1993 A1993-25\nnotified 21 May 1993 (Gaz 1993 No S83)\ncommenced 21 May 1993 (s 2)\nActs Revision (Position of Crown) Act 1993 A1993-44 sch 2\nnotified 27 August 1993 (Gaz 1994 No S165)\ncommenced 27 August 1993 (s 2)\nDiscrimination (Amendment) Act 1994 A1994-1\nnotified 4 March 1994 (Gaz 1994 No S35)\ncommenced 4 March 1994 (s 2)\nDiscrimination (Amendment) Act (No 2) 1994 A1994-11\nnotified 14 March 1994 (Gaz 1994 No S44)\ns 1, s 2 commenced 14 March 1994 (s 2 (1))\nremainder commenced 14 May 1994 (s 2 (2))\nPublic Sector Management (Consequential and Transitional\nProvisions) Act 1994 A1994-38 sch 1 pt 28\nnotified 30 June 1994 (Gaz 1994 No S121)\ns 1, s 2 commenced 30 June 1994 (s 2 (1))\nsch 1 pt 28 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)\nAdministrative Appeals (Consequential Amendments) Act 1994\nA1994-60 sch 1\nnotified 11 October 1994 (Gaz 1994 No S197)\ns 1, s 2 commenced 11 October 1994 (s 2 (1))\nsch 1 commenced 14 November 1994 (s 2 (2) and see Administrative\nAppeals Tribunal (Amendment) Act (No 2) 1994 A1994-58, s 2 (2) and\nGaz 1994 No S250)\n\nDiscrimination (Amendment) Act (No 3) 1994 A1994-103\nnotified 22 December 1994 (Gaz 1994 No S289)\ncommenced 22 December 1994 (s 2)\nDiscrimination (Amendment) Act 1995 A1995-9\nnotified 30 June 1995 (Gaz 1995 No S135)\ncommenced 30 June 1995 (s 2)\nAnnual Reports (Government Agencies) (Consequential Provisions)\nAct 1995 A1995-25 sch\nnotified 5 September 1995 (Gaz 1995 No S212)\nsch commenced 5 September 1995 (s 2)\nStatute Law Revision Act 1995 A1995-46 sch\nnotified 18 December 1995 (Gaz 1995 No S306)\nsch commenced 18 December 1995 (s 2)\nDiscrimination (Amendment) Act 1996 A1996-67\nnotified 20 December 1996 (Gaz 1996 No S328)\nss 1-3 commenced 20 December 1996 (s 2 (1))\nss 4-24 commenced 31 December 1996 (s 2 (2) and Gaz 1996\nNo S350)\nremainder commenced 8 January 1997 (s 2 (2) and Gaz 1997 No S3)\nRemuneration Tribunal (Consequential Amendments) Act 1997\nA1997-41 sch 1 (as am by A2002-49 amdt 3.222)\nnotified 19 September 1997 (Gaz 1997 No S264)\ncommenced 24 September 1997 (s 2 as am by A2002-49 amdt 3.222)\nBuilding (Amendment) Act (No 2) 1998 A1998-52 sch\nnotified 16 November 1998 (Gaz 1998 No S205)\nss 1-3 commenced 16 November 1998 (s 2 (1))\nsch commenced 4 January 1999 (s 2 (2) and Gaz 1999 No S1)\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\n\nCourts and Tribunals (Audio Visual and Audio Linking) Act 1999\nA1999-22 s 12\nnotified 14 April 1999 (Gaz 1999 No S16)\ns 1, s 2 commenced 14 April 1999 (s 2 (1))\ns 12 commenced 1 September 1999 (s 2 (2) and Gaz 1999 No 35)\nDiscrimination Amendment Act 1999 A1999-60\ncommenced 10 November 1999 (s 2)\nChildren and Young People (Consequential Amendments) Act 1999\nA1999-64 sch 2\ns 1, s 2 commenced 10 November 1999 (s 2 (1))\nsch 2 commenced 10 May 2000 (s 2 (2) and see Children and Young\nPeople Act 1999 A1999-63 s 2 (3))\nLaw Reform (Miscellaneous Provisions) Act 1999 A1999-66 sch 3\nsch 3 commenced 10 November 1999 (s 2)\nDiscrimination Amendment Act (No 2) 1999 A1999-83\nnotified 23 December 1999 (Gaz 1999 No S65)\ncommenced 23 December 1999 (s 2)\nJustice and Community Safety Legislation Amendment Act 2000\n(No 2) A2000-2 sch\nnotified 9 March 2000 (Gaz 2000 No 10)\ncommenced 9 March 2000 (s 2)\nJustice and Community Safety Legislation Amendment Act 2000\n(No 3) A2000-17 sch 1\nnotified 1 June 2000 (Gaz 2000 No 22)\ncommenced 1 June 2000 (s 2)\nSpent Convictions Act 2000 A2000-48 pt 5\nnotified 28 September 2000 (Gaz 2000 No 39)\ns 1, s 2 commenced 28 September 2000 (IA s 10B)\npt 5 (s 24) commenced 28 March 2001 (s 2 and IA s 10E)\n\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 105\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 105 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nLegislation Amendment Act 2002 A2002-11 pt 2.16\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75 (1))\npt 2.16 commenced 28 May 2002 (s 2 (1))\nDiscrimination Amendment Act 2002 A2002-19\nnotified LR 13 June 2002\ns 1, s 2 commenced 13 June 2002 (LA s 75 (1))\nremainder commenced 14 June 2002 (s 2)\nCriminal Code 2002 No 51 pt 1.7\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\npt 1.7 commenced 1 January 2003 (s 2 (1))\nStatute Law Amendment Act 2002 (No 2) A2002-49 amdt 3.222\nnotified LR 20 December 2002\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\namdt 3.222 commenced 24 September 1997 (s 2 (3))\nNote This Act only amends the Remuneration Tribunal (Consequential\nAmendments) Act 1997 A1997-41 .\nDiscrimination Amendment Act 2003 A2003-15\nnotified LR 27 March 2003\ns 1, s 2 commenced 27 March 2003 (LA s 75 (1))\nremainder commenced 28 March 2003 (s 2)\nStatute Law Amendment Act 2003 A2003-41 sch 3 pt 3.7\nnotified LR 19 August 2003\ns 1, s 2 commenced 27 March 2003 (LA s 75 (1))\nsch 3 pt 3.7 commenced 9 October 2003 (s 2 (1))\n\nEvidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48\nsch 2 pt 2.5\nnotified LR 31 October 2003\ns 1, s 2 commenced 31 October 2003 (LA s 75 (1))\nsch 2 pt 2.5 commenced 30 April 2004 (s 2 and LA s 79)\nSexuality Discrimination Legislation Amendment Act 2004 A2004-2\nsch 2 pt 2.3\nnotified LR 18 February 2004\ns 1, s 2 commenced 18 February 2004 (LA s 75 (1))\nsch 2 pt 2.3 commenced 22 March 2004 (s 2 and CN2004-4)\nHuman Rights Act 2004 A2004-5 sch 2 pt 2.2\nnotified LR 10 March 2004\ns 1, s 2 commenced 10 March 2004 (LA s 75 (1))\nsch 2 pt 2.2 commenced 1 July 2004 (s 2)\nConstruction Occupations Legislation Amendment Act 2004\nA2004-13 sch 2 pt 2.7\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.7 commenced 1 September 2004 (s 2 and see Construction\nOccupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 1 pt 1.8, sch 2 pt 2.26\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 1 pt 1.8, sch 2 pt 2.26 commenced 9 April 2004 (s 2 (1))\nDiscrimination Amendment Act 2004 A2004-51\nnotified LR 11 August 2004\ns 1, s 2 commenced 11 August 2004 (LA s 75 (1))\nremainder commenced 12 August 2004 (s 2)\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.22\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.22 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\n\nHuman Rights Commission Legislation Amendment Act 2005\nA2005-41 sch 1 pt 1.2 (as am by A2006-3 amdt 1.3)\nnotified LR 1 September 2005\ns 1, s 2 commenced 1 September 2005 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 November 2006 (s 2 (3) (as am by A2006-3\namdt 1.3) and see Human Rights Commission Act 2005 A2005-40,\ns 2 (as am by A2006-3 s 4) and CN2006-21)\nCriminal Code (Administration of Justice Offences) Amendment\nAct 2005 A2005-53 sch 1 pt 1.8 (as am by A2005-60 pt 1.13)\nnotified LR 26 October 2005\ns 1, s 2 commenced 26 October 2005 (LA s 75 (1))\nsch 1 pt 1.8 commenced 1 November 2006 (s 2 (2) (as am by\nA2005-60 amdt 1.54) and see Human Rights Commission Act 2005\nA2005-40, s 2 (as am by A2006-3 s 4) and CN2006-21)\nJustice and Community Safety Legislation Amendment Act 2005\n(No 4) A2005-60 sch 1 pt 1.13\nnotified LR 1 December 2005\ns 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))\nsch 1 pt 1.13 commenced 22 December 2005 (s 2 (4))\nNote This Act only amends the Criminal Code (Administration of\nJustice Offences) Amendment Act 2005 A2005-53\nHuman Rights Commission Legislation Amendment Act 2006\nA2006-3 amdt 1.3\nnotified LR 22 February 2006\ns 1, s 2 commenced 22 February 2006 (LA s 75 (1))\namdt 1.3 commenced 23 February 2006 (s 2)\nNote This Act only amends the Human Rights Commission\nLegislation Amendment Act 2005 A2005-41\nCivil Unions Act 2006 A2006-22 sch 1 pt 1.9\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nsch 1 pt 1.9 never commenced\nNote Act repealed by disallowance 14 June 2006 (see Cwlth\nGaz 2006 No S93)\n\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 2 pt 2.14\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 2 pt 2.14 commenced 29 September 2006 (s 2 (1))\nCarers Recognition Legislation Amendment Act 2006 A2006-47 pt 2\nnotified LR 28 November 2006\ns 1, s 2 commenced 28 November 2006 (LA s 75 (1))\npt 2 commenced 28 May 2007 (s 2 and LA s 79)\nStatute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.11\nnotified LR 20 June 2007\ns 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))\nsch 3 pt 3.11 commenced 11 July 2007 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2007\nA2007-22 sch 1 pt 1.8\nnotified LR 5 September 2007\ns 1, s 2 commenced 5 September 2007 (LA s 75 (1))\nsch 1 pt 1.8 commenced 6 September 2007 (s 2)\nStatute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.9\nnotified LR 6 December 2007\ns 1, s 2 commenced 6 December 2007 (LA s 75 (1))\nsch 3 pt 3.9 commenced 27 December 2007 (s 2)\nCivil Partnerships Act 2008 A2008-14 sch 1 pt 1.8\nnotified LR 15 May 2008\ns 1, s 2 commenced 15 May 2008 (LA s 75 (1))\nsch 1 pt 1.8 commenced 19 May 2008 (s 2 and CN2008-8)\nParental Leave Legislation Amendment Act 2008 A2008-27\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nremainder commenced 13 August 2008 (s 2)\nJustice and Community Safety Legislation Amendment\nAct 2008 (No 3) A2008-29 sch 1 pt 1.7\nnotified LR 13 August 2008\ns 1, s 2 commenced 13 August 2008 (LA s 75 (1))\nsch 1 pt 1.7 commenced 27 August 2008 (s 2)\n\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.20\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.20 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nAdoption Amendment Act 2009 (No 2) A2009-36 sch 1 pt 1.3\nnotified LR 22 October 2009\ns 1, s 2 commenced 22 October 2009 (LA s 75 (1))\nsch 1 pt 1.3 commenced 22 April 2010 (s 2 and LA s 79)\nHuman Rights Commission Legislation Amendment Act 2010\nA2010-5 pt 2\nnotified LR 2 March 2010\ns 1, s 2 commenced 2 March 2010 (LA s 75 (1))\npt 2 commenced 9 March 2010 (s 2)\nLiquor (Consequential Amendments) Act 2010 A2010-43 sch 1 pt 1.8\nnotified LR 8 November 2010\ns 1, s 2 commenced 8 November 2010 (LA s 75 (1))\nsch 1 pt 1.8 commenced 1 December 2010 (s 2 (4) and see Liquor\nAct 2010 A2010-35, s 2 (3) (as am by A2010-43 amdt 1.19) and\nCN2010-14)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.54\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.54 commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.8\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nsch 3 pt 3.8 commenced 21 September 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.19\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.19 commenced 12 December 2011 (s 2)\n\nCivil Unions Act 2012 A2012-40 sch 3 pt 3.9\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nsch 3 pt 3.9 commenced 11 September 2012 (s 2)\nMarriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.9\nnotified LR 4 November 2013\ns 1, s 2 commenced 4 November 2013 (LA s 75 (1))\nsch 2 pt 2.9 commenced 7 November 2013 (s 2 and CN2013-11)\nNote The High Court held this Act to be of no effect (see\nCommonwealth v Australian Capital Territory [2013] HCA 55)\nSpent Convictions (Historical Homosexual Convictions\nExtinguishment) Amendment Act 2015 A2015-45 sch 1 pt 1.3\nnotified LR 6 November 2015\ns 1, s 2 commenced 6 November 2015 (LA s 75 (1))\nsch 1 pt 1.3 commenced 7 November 2015 (s 2)\nDiscrimination Amendment Act 2016 A2016-49 pt 2, pt 3\nnotified LR 23 August 2016\ns 1, s 2 commenced 23 August 2016 (LA s 75 (1))\npt 2 commenced 24 August 2016 (s 2 (1))\npt 3 commenced 3 April 2017 (s 2 (2))\nDiscrimination Amendment Act 2018 A2018-48\nnotified LR 6 December 2018\ns 1, s 2 commenced 6 December 2018 (LA s 75 (1))\nremainder commenced 29 April 2019 (s 2 and CN2019-7)\nJustice and Community Safety Legislation Amendment Act 2019\nA2019-17 sch 1 pt 1.2\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\nsch 1 pt 1.2 commenced 21 June 2019 (s 2)\nAnimal Welfare Legislation Amendment Act 2019 A2019-35 pt 4\nnotified LR 10 October 2019\ns 1, s 2 commenced 10 October 2019 (LA s 75 (1))\npt 4 commenced 10 April 2020 (s 2 (2))\n\nJustice Legislation Amendment Act 2020 A2020-42 pt 12\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\npt 12 commenced 28 August 2020 (s 2 (9))\nDiscrimination Amendment Act 2023 A2023-7\nnotified LR 11 April 2023\ns 1, s 2 commenced 11 April 2023 (LA s 75 (1))\nremainder commenced 11 April 2024 (s 2)\nJustice and Community Safety Legislation Amendment Act 2023\n(No 3) A2023-57 pt 6\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\npt 6 commenced 11 April 2024 (s 2 (2) and see Discrimination\nAmendment Act 2023 A2023-7 s 2)\nJustice and Community Safety Legislation Amendment Act 2024\nA2024-49 sch 1\nnotified LR 17 September 2024\ns 1, s 2 taken to have commenced 11 June 2024 (LA s 75 (2))\nsch 1 commenced 18 September 2024 (s 2 (4))\nJustice and Community Safety Legislation Amendment\nAct 2025 (No 3) A2025-22 pt 4\nnotified LR 12 September 2025\ns 1, s 2 commenced 12 September 2025 (LA s 75 (1))\npt 4 commenced 13 September 2025 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.30, sch 4\npt 4.57\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.30, sch 4 pt 4.57 commenced 16 November 2025\n(s 2 (1), (9))\nJustice and Community Safety Legislation Amendment Act 2026\nA2026-4 pt 6\nnotified LR 16 February 2026\ns 1, s 2 commenced 16 February 2026 (LA s 75 (1))\npt 6 commenced 23 February 2026 (s 2)\n\nLong title\nlong title am A2003-41 amdt 3.22\nName of Act\ns 1 sub A2003-41 amdt 3.23\ns 2 om A2001-44 amdt 1.1123\nins A2003-41 amdt 3.33\nNotes\ns 3 orig s 3 am A2003-41 amdt 3.206\nrenum as s 4\nins A2003-41 amdt 3.33\nObjects of Act\ns 4 orig s 4 defs reloc to dict A2003-41 amdt 3.32\nom A2003-41 amdt 3.33\n(prev s 3) renum A2003-41 amdt 3.24\nsub A2016-49 s 4\ndef de facto spouse om A2003-15 s 4\ndef impairment sub A2003-15 s 5\nom A2003-41 amdt 3.28\ndef marital status om A2003-15 s 6\ndef near relative om A2003-15 s 6\nInterpretation beneficial to people with protected attributes\ns 4AA ins A2016-49 s 4\nam A2016-49 s 19\nMeaning of doing an act\ns 4A ins A2003-41 amdt 3.34\nMeaning of complainant and respondent\ns 5 sub A2003-41 amdt 3.35\nom A2005-41 amdt 1.3\nMeaning of disability\ns 5AA hdg am A2003-41 amdt 3.36\ns 5AA ins A2003-15 s 9\nam A2003-41 amdts 3.37-3.39\nsub A2016-49 s 5\nam A2019-35 s 124\nLiability of person relying on assistance animal etc\ns 5AB ins A2016-49 s 5\nMeaning of potential pregnancy\ns 5A ins A2002-19 s 5\nam A2003-41 amdt 3.40; A2026-4 s 18\n\nUnjustifiable hardship\ns 5B ins A2023-7 s 4\nMLAs as employers\ns 6 om A1993-44 sch 2\nins A1995-9 s 4\nsub A2003-41 amdt 3.41\nam A2007-16 amdt 3.45\nOffences against Act—application of Criminal Code etc\ns 6A ins A2004-2 amdt 2.4\nam A2005-41 amdt 1.4\nProtected attributes\ns 7 am A1993-25 s 4; A1994-1 s 4; A1994-11 s 4; A1996-67 s 5;\nA1999-60 s 4; A2000-48 s 24; A2003-15 s 10; pars renum\nR11 LA (see A2003-15 s 11); A2003-41 amdt 3.42,\namdt 3.43, amdt 3.206; A2010-5 s 4, s 5; A2015-45 amdt 1.3\nsub A2016-49 s 20\nam A2020-42 s 58, s 59; pars renum R49 LA\nMeaning of discrimination\ns 8 am A2003-41 amdt 3.44, amdt 3.206\nsub A2016-49 s 6\nam A2016-49 s 21\nDisability—guide-dogs etc\ns 9 hdg am A2003-41 amdt 3.207\ns 9 am A1996-67 s 5; A2003-41 amdts 3.45-3.47, amdt 3.206,\namdt 3.207\nom A2016-49 s 7\nApplicants and employees\ns 10 am A2003-41 amdt 3.48; A2008-27 s 4\nEmployees—religious practice\ns 11 am A2003-41 amdt 3.206\nCommission agents\ns 12 am A2003-41 amdt 3.49\nPartnerships\ns 14 am A2003-41 amdt 3.50, amdt 3.206\nProfessional or trade organisations\ns 15 am A1993-25 s 5; A2003-41 amdt 3.51, amdt 3.52\nQualifying bodies\ns 16 am A2003-41 amdt 3.53, amdt 3.54\nEducation\ns 18 am A2003-41 amdt 3.55, amdt 3.56\n\nAccess to premises\ns 19 am A2003-41 amdts 3.57-3.62\nGoods, services and facilities\ns 20 am A2003-41 amdt 3.63, amdt 3.64\nClubs\ns 22 am A2003-41 amdts 3.65-3.67\nSporting activities\ns 23A ins A2023-7 s 5\nCompetitions\ns 23B ins A2023-7 s 5\nAdministration of territory laws etc\ns 23C ins A2023-7 s 5\nDomestic duties\ns 24 sub A2003-41 amdt 3.68\nam A2023-7 s 6\nResidential care of children\ns 25 sub A2003-41 amdt 3.68\nAdoption\ns 25A ins A1994-1 s 5\nam A1999-64 sch 2; A2003-41 amdt 3.69, amdt 3.206;\nA2009-36 amdt 1.5; A2011-22 amdt 1.168\nDomestic accommodation etc\ns 26 am A2003-15 s 12, s 13; A2003-41 amdt 3.206; A2006-47 s 4;\nA2016-49 s 22; ss renum R45 LA; A2023-7 s 7; pars renum\nR50 LA\nPreselection by employment agencies\ns 26A ins A1996-67 s 6\nsub A2003-41 amdt 3.70\nMeasures intended to achieve equality\ns 27 am A1999-83 s 4; A2003-41 amdt 3.71, amdt 3.206\nsub A2004-51 s 4\nam A2016-49 s 23\nInsurance and superannuation\ns 28 sub A2003-41 amdt 3.72; A2023-7 s 8\nSuperannuation\ns 29 am A1994-1 s 6; A2003-41 amdts 3.73-3.77, amdt 3.209\nom A2023-7 s 8\n\nActs done under statutory authority etc\ns 30 am A1996-67 s 7; A2001-44 amdt 1.1124; A2003-41\namdt 3.78; A2008-36 amdt 1.249; A2011-28 amdt 3.52;\nA2025-29 amdt 3.87, amdt 4.57\n(1) (a), (b), (4) exp on day stated in declaration (s 30 (2), (4))\nClubs and voluntary bodies\ns 31 am A1996-67 s 8\nsub A2003-41 amdt 3.79; A2023-7 s 9\nReligious bodies\ns 32 am A2000-2 sch; A2003-41 amdt 3.80, amdt 3.206; A2018-48\ns 4, s 5\nsub A2023-7 s 9\nam A2023-57 s 18; pars renum R50 LA; A2024-49 amdt 1.1\nEducational institutions conducted for religious purposes\ns 33 am A2003-41 amdts 3.81-3.85\nom A2018-48 s 6\nDiscrimination relating to accommodation, goods or services etc\ns 33A ins A2016-49 s 24\nGenuine occupational qualifications\ns 33B ins A2023-7 s 10\nInherent requirements of employment\ns 33C ins A2023-7 s 10\nCompetitions—age\ns 33D ins A2023-7 s 10\nExceptions about sex, relationship status, pregnancy or breastfeeding\ndiv 4.2 hdg (prev pt 4 div 2 hdg) am A1999-60 s 5\nsub A2003-15 s 14\nGenuine occupational qualifications—sex\ns 34 hdg sub A2003-41 amdt 3.86\ns 34 am A2003-41 amdt 3.87, amdt 3.88, amdt 3.206, amdt 3.209\nom A2023-7 s 11\nEmployment of couple\ns 35 sub A2003-15 s 15\nEducational institutions for members of one sex\ns 36 am A2003-41 amdts 3.89-3.91; A2023-7 s 12\nPregnancy, childbirth or breastfeeding\ns 37 am A1999-60 s 6\nsub A2003-41 amdt 3.92; A2023-7 s 13\n\nServices for members of one sex\ns 38 am A2003-41 amdt 3.93\nAccommodation provided for employees, contract workers or students\ns 39 am A1999-60 s 7; A2003-15 s 16; A2003-41 amdt 3.94,\namdt 3.95, amdt 3.206\nClubs for members of one sex etc\ns 40 am A2003-41 amdts 3.96-3.100, amdt 3.206, amdt 3.209\nom A2023-7 s 14\nSporting activities—sex\ns 41 am A2003-41 amdt 3.101, amdt 3.206\nsub A2023-7 s 15\nExceptions relating to race\ndiv 4.3 hdg om A2023-7 s 16\nGenuine occupational qualifications—race\ns 42 hdg sub A2003-41 amdt 3.102\ns 42 am A2003-41 amdt 3.103, amdt 3.104, amdt 3.206,\nom A2023-7 s 16\nClubs for members of one race etc\ns 43 am A2003-41 amdt 3.105\nom A2023-7 s 16\nReligious workers\ns 44 am A2003-41 amdt 3.106; A2023-7 s 17\nPolitical workers etc\ns 45 am A2003-41 amdt 3.107\nReligious educational institutions\ns 46 am A2003-41 amdts 3.108-3.110; A2018-48 s 7\nExceptions relating to disability\ndiv 4.5 hdg am A2003-41 amdt 3.207\nUnjustifiable hardship\ns 47 sub A2003-41 amdt 3.111\nGenuine occupational qualifications—disability\ns 48 hdg sub A2003-41 amdt 3.112\ns 48 am A2003-41 amdt 3.112, amdt 3.113, amdt 3.207\nWork related discrimination\ns 49 am A2003-15 s 17, s 18; A2003-41 amdt 3.114, amdt 3.115,\namdt 3.206, amdt 3.207; A2016-49 s 25\n\nDiscrimination by qualifying bodies etc\ns 50 am A2003-15 s 19, s 20; A2003-41 amdt 3.116, amdt 3.207;\nA2016-49 s 26\nDiscrimination by educational institutions\ns 51 am A2003-41 amdts 3.117-3.121, amdt 3.207, amdt 3.209;\nA2011-52 amdt 3.67, amdt 3.68\nDiscrimination relating to access to premises\ns 52 am A1998-52 sch; A2001-44 amdt 1.1125; A2003-41\namdt 3.122, amdt 3.207; A2004-13 amdt 2.20; A2011-28\namdt 3.52; A2011-52 amdt 3.68; A2025-29 amdt 4.57\nDiscrimination in the provision of goods and services\ns 53 am A1996-67 s 9\nsub A2003-41 amdt 3.123\nDiscrimination relating to accommodation\ns 54 am A2003-41 amdt 3.124, amdt 3.207; A2011-52 amdt 3.69\nDiscrimination by clubs\ns 55 am A2003-41 amdts 3.125-3.127, amdt 3.206, amdt 3.207\nPublic health\ns 56 am A2003-41 amdt 3.128, amdt 3.207\nSporting activities—disability\ns 57 hdg sub A2023-7 s 19\ns 57 am A2003-41 amdt 3.128, amdt 3.129, amdt 3.206,\namdt 3.207; A2023-7 s 20, s 21\nExceptions relating to age\ndiv 4.6 hdg (prev pt 4 div 6 hdg) ins A1994-1 s 7\nGenuine occupational qualifications—age\ns 57A hdg sub A2003-41 amdt 3.130\ns 57A ins A1994-1 s 7\nam A2003-41 amdt 3.130, amdt 3.131\nom A2023-7 s 22\nYouth wages\ns 57B ins A1994-1 s 7\nam A2003-41 amdt 3.132; A2011-28 amdt 3.53, amdt 3.54\n(4), (5) exp 21 September 2012 (s 57B (5))\nEmployment and work—health and safety\ns 57C ins A1994-1 s 7\nsub A2003-41 amdt 3.133\n\nCompulsory retirement—2-year exemption\ns 57D ins A1994-1 s 7\n(1) exp 4 March 1996 (s 57D (2))\nom R4 LRA\nEducation—minimum-age admissions\ns 57E ins A1994-1 s 7\nam A2003-41 amdts 3.134-3.136, amdt 3.209\nEducation—senior secondary colleges (until 1 January 1996)\ns 57F ins A1994-1 s 7\n(1) exp 1 January 1996 (s 57F (2))\nom R4 LRA\nLegal capacity\ns 57G ins A1994-1 s 7\nsub A2003-41 amdt 3.137\nBenefits and concessions\ns 57H ins A1994-1 s 7\nsub A2003-41 amdt 3.138\nGoods, services and facilities—health and safety\ns 57J ins A1994-1 s 7\nam A2003-41 amdt 3.139, amdt 3.140, amdt 3.209\nRecreational tours and accommodation\ns 57K ins A1994-1 s 7\nam A2003-41 amdt 3.141\nClubs\ns 57L ins A1994-1 s 7\nsub A2003-41 amdt 3.142\nom A2023-7 s 22\nSporting activities—age\ns 57M hdg sub A2023-7 s 23\ns 57M ins A1994-1 s 7\nsub A2003-41 amdt 3.143\nam A2023-7 s 24, s 25\nExceptions relating to profession, trade, occupation or calling\ndiv 4.7 hdg (prev pt 4 div 6 hdg) ins A1994-11 s 5\nDiscrimination in profession, trade, occupation or calling\ns 57N ins A1994-11 s 5\nam A2003-41 amdt 3.144, amdt 3.209\nExceptions relating to employment status\ndiv 4.8 hdg ins A2016-49 s 27\n\nDiscrimination relating to employment status\ns 57O ins A2016-49 s 27\nam A2023-7 s 26\nExceptions relating to immigration status\ndiv 4.9 hdg ins A2016-49 s 27\nDiscrimination relating to immigration status\ns 57P ins A2016-49 s 27\nException relating to physical features\ndiv 4.10 hdg ins A2016-49 s 27\nsub A2023-7 s 27\nGenuine occupational requirements—physical features\ns 57Q ins A2016-49 s 27\nom A2023-7 s 28\nHealth and safety—physical features\ns 57R ins A2016-49 s 27\nMeaning of sexual harassment for pt 5\ns 58 sub A2003-41 amdt 3.145\nEmployment etc\ns 59 am A1995-9 s 5; A2003-41 amdt 3.206\nRacial, sexuality and HIV/AIDS vilification\npt 6 hdg sub A2004-2 amdt 2.5\nSporting activities—sexual harassment\ns 65 hdg sub A2003-41 amdt 3.146; A2004-2 amdt 2.5\ns 65 am A2003-41 amdt 3.147\ndef HIV/AIDS status ins A2004-2 amdt 2.6\ndef public act om A2016-49 s 8\nCompetitions—sexual harassment\ns 66 am A2003-41 amdt 3.148, amdt 3.206\nsub A2004-2 amdt 2.7\nam A2010-5 s 6\n\nAdministration of territory laws etc—sexual harassment\ns 67 am A1998-54 sch\nsub A2004-2 amdt 2.7\nam A2010-5 s 7\nUnlawful vilification\ns 67A ins A2016-49 s 9\nam A2016-49 s 28; pars renum R45 LA; A2020-42 s 60, s 61;\npars renum R49 LA; A2026-4 s 19, s 20; pars renum R54 LA\nVictimisation\ns 68 am A2000-2 sch; A2003-41 amdts 3.149-3.151\nsub A2005-41 amdt 1.5\nam A2008-36 amdt 1.250; A2010-5 s 8, s 9; pars renum\nR33 LA\nsub A2016-49 s 10\nGeneral principles about unlawful acts\npt 8 hdg sub A1996-67 s 10; A2005-41 amdt 1.6\nPreliminary\ndiv 8.1 hdg om A2005-41 amdt 1.6\nOnus of establishing exception etc\ns 70 hdg sub A2003-41 amdt 3.152\ns 70 sub A1996-67 s 10; A2005-41 amdt 1.6\nUnlawful act not an offence\ns 71 am A1994-60 sch 1\nam A2003-41 amdt 3.153\nMaking, investigation, conciliation and referral of complaints\ndiv 8.2 hdg om A2005-41 amdt 1.6\nUnlawful act no basis for civil action\ns 72 sub A1996-67 s 10\nam A2001-44 amdt 1.1126, amdt 1.1127; A2003-41\namdt 3.154, amdt 3.206\n\nAiding etc unlawful acts\ns 73 sub A1996-67 s 10\nam A2003-41 amdt 3.155\nHearings before discrimination tribunal\ndiv 8.3 hdg om A2005-41 amdt 1.6\nGranting of relief by discrimination tribunal\ndiv 8.4 hdg om A2005-41 amdt 1.6\nEnforcement of orders and decisions of discrimination tribunal\ndiv 8.5 hdg om A2005-41 amdt 1.6\nOther powers of commissioner and tribunal\ndiv 8.6 hdg om A2005-41 amdt 1.6\ndiv 8.7 hdg om A2005-41 amdt 1.6\nPositive duties\npt 9 hdg orig pt 9 hdg renum as pt 10 hdg\nins A2005-41 amdt 1.6\nPreliminary\ndiv 9.1 hdg ins A2005-41 amdt 1.6\nPositive duty to make reasonable adjustments\ns 74 sub A1996-67 s 10; A2003-41 amdt 3.156; A2005-41 amdt 1.6\nPositive duty to eliminate discrimination, sexual harassment and unlawful\nvilification\ns 75 sub A1996-67 s 10\nam A2003-41 amdt 3.157, amdt 3.208\n(4), (5), (6) def commencement day exp 11 April 2027\n(s 75 (5))\nException or exemption for positive duties\ns 76 sub A1996-67 s 10\n\nHearings by tribunal\ndiv 9.2 hdg ins A2005-41 amdt 1.6\nHearings by tribunal\ns 77 sub A1996-67 s 10; A2005-41 amdt 1.6\nPower to strike out complaints\ns 77A ins A2007-22 amdt 1.26\nLate application in exceptional circumstances\ns 78 sub A1996-67 s 10\nam A2003-41 amdt 3.206\nApplication to strike out complaint\ns 79 hdg am A2003-41 amdt 3.158\ns 79 sub A1996-67 s 10\nam A2003-41 amdt 3.159\nTribunal procedure\ndiv 9.3 hdg ins A2005-41 amdt 1.6\nTribunal to decide own procedures\ns 80 am A1994-103 s 4\nam A2003-41 amdt 3.160, amdt 3.208, amdt 3.209\nHearings may be closed\ns 81 sub A1996-67 s 10\nam A2003-41 amdt 3.161, amdt 3.162, amdt 3.208,\nSittings\ns 82 sub A1996-67 s 10\nam A2003-41 amdts 3.163-3.165, amdt 3.208\n\nJoining parties\ns 83 sub A1996-67 s 10\nam A2003-41 amdt 3.166, amdt 3.208, amdt 3.209\nAppearances\ns 84 sub A1996-67 s 10; A2003-41 amdt 3.167; A2005-41 amdt 1.6\nRepresentation\ns 85 sub A1996-67 s 10; A2003-15 s 21; A2005-41 amdt 1.6\nWitness subpoenas\ns 86 sub A1996-67 s 10\nam A2005-53 amdt 1.42\nExpenses of witnesses etc\ns 87 sub A1996-67 s 10\nFailure to attend or produce document\ns 88 am A1994-60 sch 1\nom A2005-53 amdt 1.43\nAppearance by audiovisual or audio links\ns 89 am A1994-60 sch 1\nsub A1996-67 s 10; A2005-41 amdt 1.6\nPower to require witness to take oath etc\ns 90 am A1994-60 sch 1\nsub A2005-41 amdt 1.6; A2005-53 amdt 1.44\nRefusing to take oath or make affirmation\ns 91 sub A1996-67 s 10\nam A2003-41 amdt 3.168, amdt 3.208\nom A2005-53 amdt 1.44\n\nRequiring answer or document\ns 92 sub A1996-67 s 10\nam A2001-44 amdt 1.1128, amdt 1.1129; A2003-41\namdt 3.169\nom A2005-53 amdt 1.44\nProhibiting or controlling publication\ns 93 am A1994-60 sch 1\nam A2000-2 sch; A2003-41 amdt 3.170, amdt 3.208\nPrivileges against selfincrimination and exposure to civil penalty\ns 94 sub A1996-67 s 10; A2005-41 amdt 1.6\nam A2005-53 amdt 1.45, amdt 1.46\nProtection of members of tribunal etc\ns 95 om A1994-60 sch 1\nins A1996-67 s 10\nam A2003-41 amdt 3.171\nContempt of tribunal\ns 96 am A1995-46 sch\nsub A2005-41 amdt 1.6; A2005-53 amdt 1.47\nApplication of Criminal Code, ch 7\ns 96A ins A1999-22 s 12\nam A2000-17 sch 1; A2003-41 amdt 3.208, amdt 3.209;\nA2003-48 amdt 2.6\nins A2005-53 amdt 1.47\nGranting of relief by tribunal\ndiv 9.4 hdg ins A2005-41 amdt 1.6`\nInterim orders—complaint before HRC\ns 97 sub A1996-67 s 10; A2005-41 amdt 1.6\nam A2007-16 amdt 3.46\n\nInterim orders—complaint before tribunal\ns 98 sub A1996-67 s 10\nDecisions following hearing\ns 99 sub A1996-67 s 10\nam A2001-44 amdts 1.1130-1.1132; A2003-41 amdt 3.208,\n(9), (10) exp 1 December 2006 (s 99 (10))\nEnforcement of orders and decisions of tribunal\ndiv 9.5 hdg ins A2005-41 amdt 1.6\nFailure to comply with tribunal order\ns 100 sub A1996-67 s 10\nam A2001-44 amdts 1.1133-1.1135; A2003-41 amdt 3.208,\nEnforcement of tribunal orders\ns 101 sub A1996-67 s 10\nom A2008-36 amdt 1.251`\ndiv 9.6 hdg ins A2005-41 amdt 1.6\nStatement of reasons\ns 102 sub A1996-67 s 10\nam A2003-41 amdt 3.172, amdt 3.208, amdt 3.209\nReferral of questions of law to Supreme Court\ns 103 sub A1996-67 s 10\n\nAppeals from tribunal decisions\ns 104 sub A1996-67 s 10\n(5), (6) exp 10 January 2006 (s 104 (6))\nEffect of Division\ns 105 sub A1996-67 s 10\nam A2003-41 amdt 3.173\nJoining parties\ns 106 sub A1996-67 s 10\nam A2003-41 amdt 3.174, amdt 3.209\nRequiring answer or document\ns 107 sub A1996-67 s 10\nProhibiting or controlling publication\ns 108 sub A1996-67 s 10\nam A2001-44 amdts 1.1136-1.1138; A2003-41 amdt 3.175,\namdt 3.208\nReview of directions by commissioner\ns 108A ins A1996-67 s 10\nProhibited publications\ns 108B ins A1996-67 s 10\nObtaining information and documents\ns 108C ins A1996-67 s 10\nam A2003-41 amdt 3.176, amdt 3.208, amdt 3.209\nStatement of reasons\ns 108D ins A1996-67 s 10\nsub A2004-60 amdt 1.141\nReferral of questions of law to Supreme Court\ns 108DA ins A2004-60 amdt 1.141\n\nAppeals from tribunal to Supreme Court\ns 108DB ins A2004-60 amdt 1.141\n(5), (6) exp 10 January 2006 (s 108DB (6))\nsub A2006-40 amdt 2.104\nSelfincrimination etc\ns 108E ins A1996-67 s 10\nam A2002-11 amdts 2.31-2.33; A2002-51 amdt 1.18;\nA2004-15 amdt 2.54\nUnlawful act not an offence\ns 108F ins A1996-67 s 10\nUnlawful act no basis for civil action\ns 108G ins A1996-67 s 10\nam A2003-41 amdt 3.177\nAiding etc unlawful acts\ns 108H ins A1996-67 s 10\nam A2003-41 amdt 3.178\nActs and omissions of representatives\ns 108I ins A1996-67 s 10\nsub A2004-15 amdt 1.9\nProtection from civil proceedings\ns 108J ins A1996-67 s 10\nExpenses of witnesses etc\ns 108K ins A1996-67 s 10\nam A2003-41 amdt 3.179\nFailure to attend before commissioner or tribunal\ns 108L ins A1996-67 s 10\nFailure to give information etc\ns 108M ins A1996-67 s 10\n\nDisrupting proceedings before commissioner or tribunal\ns 108N hdg sub A2004-15 amdt 2.55\ns 108N ins A1996-67 s 10\nam A2000-2 sch; A2004-15 amdt 2.56\nFalse information\ns 108O ins A1996-67 s 10\nom A2004-15 amdt 2.57\nDiscrimination tribunal\npt 9A hdg renum as pt 11 hdg\nEstablishment, functions and powers\ndiv 9A.1 hdg renum as div 11.1 hdg\nTribunal members\ndiv 9A.2 hdg renum as div 11.2 hdg\ndiv 9A.3 hdg renum as div 11.3 hdg\nOther provisions\ndiv 9A.4 hdg renum as div 11.4 hdg\nExemptions\npt 10 hdg orig pt 10 hdg om A2005-41 amdt 1.12\n(prev pt 9 hdg) renum A2005-41 amdt 1.8\nGrant of exemptions\ns 109 am A1994-60 sch 1; A2001-44 amdts 1.1139-1.1142;\nA2003-41 amdt 3.208, amdt 3.209; A2005-41 amdt 1.7;\nA2008-36 amdt 1.252; A2011-52 amdt 3.70, amdt 3.71;\nA2025-29 amdt 4.57\nReview by ACAT\ns 110 am A2005-41 amdt 1.7\nsub A2008-36 amdt 1.253\nEstablishment\ns 110A renum as s 111\nFunctions and powers\ns 110B ins A1996-67 s 11\nom A2003-41 amdt 3.181\nMembership of tribunal\ns 110C renum as s 112\n\nEligibility for appointment\ns 110D renum as s 113\nConditions of appointment generally\ns 110E renum as s 114\nMatters to be included in instrument of appointment etc\ns 110F renum as s 115\nDuration of appointment\ns 110G renum as s 116\ns 110H renum as s 117\nConstitution of tribunal\ns 110I renum as s 118\nRole of president\ns 110J renum as s 119\nApproved forms—registrar\ns 110K renum as s 120\nDiscrimination tribunal\npt 11 hdg orig pt 11 hdg renum as pt 12 hdg\n(prev pt 9A hdg) ins A1996-67 s 11\nrenum A2005-41 amdt 1.9\nEstablishment, functions and powers\ndiv 11.1 hdg (prev pt 9A div 1 hdg and then div 9A.1 hdg) ins A2000-2 sch\nEstablishment\ns 111 hdg orig s 111 hdg sub A2003-41 amdt 3.191\ns 111 orig s 111 am A2000-2 sch; A2003-41 amdts 3.192-3.194\ns 111 (a)-(h) renum as s 112\nprev s 111 ins A2003-41 amdt 3.191\n(prev s 110A) ins A1996-67 s 11\nam A2003-41 amdt 3.180\nTribunal members\ndiv 11.2 hdg (prev pt 9A div 2 hdg and then div 9A.2 hdg) ins A2000-2 sch\n\nMembership of tribunal\ns 112 hdg orig s 112 hdg sub A2003-41 amdt 3.191\ns 112 orig s 112 om A2003-41 amdt 3.195\nprev s 112 (prev s 111 (a)-(h)) renum A2003-41 amdt 3.191\nam A2003-41 amdts 3.192-3.194; A2004-5 amdt 2.5\n(prev s 110C) ins A1996-67 s 11\nam A2003-41 amdt 3.182\nEligibility for appointment\ns 113 orig s 113 om A1997-41 sch 1\nprev s 113 ins A2003-41 amdt 3.195\n(prev s 110D) ins A1996-67 s 11\nConditions of appointment generally\ns 114 hdg (prev s 110E hdg) sub A2003-41 amdt 3.183\ns 114 orig s 114 sub A2003-41 amdt 3.195\n(prev s 110E) ins A1996-67 s 11\nam A2003-41 amdt 3.184\nMatters to be included in instrument of appointment etc\ns 115 orig s 115 sub A2003-41 amdt 3.196\n(prev s 110F) ins A1996-67 s 11\nsub A1999-66 sch 3\nam A2003-41 amdt 3.185, amdt 3.186\n\nDuration of appointment\ns 116 orig s 116 sub A2003-41 amdt 3.196\n(prev s 110G) ins A2000-2 sch\nam A2003-41 amdt 3.187\nam A2007-39 amdt 3.23\ndiv 11.3 hdg (prev pt 9A div 3 hdg and then div 9A.3 hdg) ins A2000-2 sch\ns 117 orig s 117 om A2003-41 amdt 3.196\n(prev s 110H) ins A2000-2 sch\nam A2003-41 amdt 3.188, amdt 3.189\nOther provisions\ndiv 11.4 hdg (prev pt 9A div 4 hdg and then div 9A.4 hdg) ins A2000-2 sch\nConstitution of tribunal\ns 118 orig s 118 sub A1994-38 sch 1 pt 28\n(prev s 110I) ins A2000-2 sch\nRole of president\ns 119 orig s 119 om A1995-25 sch\nprev s 119 ins A1996-67 s 12\nam A2000-2 s 3 sch\n(prev s 110J) ins A2000-2 sch\n\nApproved forms—registrar\ns 120 orig s 120 am A1996-67 s 13\nsub A2003-41 amdt 3.197\n(prev s 110K) ins A2001-44 amdt 1.1143\nam A2003-41 amdt 3.190\npt 12 hdg (prev pt 11 hdg) sub and renum A2005-41 amdt 1.13\nSecrecy\ns 121 sub A1996-67 s 14\nam A2000-2 s 3 sch; A2003-41 amdt 3.198, amdt 3.199\nsub A2005-41 amdt 1.13\n(6), (7) exp 1 December 2006 (s 121 (7))\nam A2008-36 amdt 1.255\nActs and omissions of representatives\ns 121A ins A2008-29 amdt 1.22\nam A2016-49 s 12\nRelationship to other laws\ns 122 am A1996-67 s 15\nam A1998-54 s 3 sch\nam A2000-2 s 3 sch; A2003-41 amdt 3.200, amdt 3.201,\nsub A2005-41 amdt 1.13\nRegulation-making power\ns 123 om A1997-41 sch 1\nins A2005-41 amdt 1.13\nam A2025-29 amdt 4.57\nDiscrimination Regulation 2016—sch 1\ns 124 am A2000-2 s 3 sch; A2001-44 amdt 1.1144; A2003-41\namdt 3.202, amdt 3.208\nins A2016-49 s 13\nexp 24 August 2016 (s 124 (5))\nExercise of functions under intergovernmental arrangement\ns 125 hdg am A2000-2 s 3 sch\ns 125 am A2003-41 amdt 3.203\nApproved forms—commissioner\ns 126A ins A2001-44 amdt 1.1145\nam A2003-41 amdt 3.204\n\nRegulation-making power\ns 127 sub A2000-2 s 3 sch\nam A2001-44 amdt 1.1146, amdt 1.1147; A2003-41\namdt 3.206\nTransitional provisions about tribunal members\ns 128 ins A2000-2 sch\nexp 9 June 2000 (s 128 (3))\nDiscrimination Regulation 2016\nsch 1 ins A2016-49 s 14\nexp 24 August 2016 (s 124 (5))\ndict ins A2003-41 amdt 3.205\nam A2006-22 amdt 1.30 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2008-14\namdt 1.22; A2008-36 amdt 1.256; A2011-22 amdt 1.169,\namdt 1.170; A2011-28 amdt 3.55; A2012-40 amdt 3.29,\nA2013-39 amdt 2.17 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013]\nHCA 55)); A2016-49 s 29; A2025-29 amdt 3.88\ndef accommodation reloc from s 4 A2003-41 amdt 3.32\ndef accommodation status ins A2016-49 s 30\ndef affinity ins A2006-22 amdt 1.31 (A2006-22 rep before\ncommenced by disallowance (see Cwlth Gaz 2006 No S93))\ndef carer reloc from s 4 A2003-41 amdt 3.32\nsub A2006-47 s 5\nam A2023-7 s 31\ndef club reloc from s 4 A2003-41 amdt 3.32\nsub A2010-43 amdt 1.10; A2023-7 s 32\ndef club licence ins A2010-43 amdt 1.10\nom A2023-7 s 33\ndef commission agent reloc from s 4 A2003-41 amdt 3.32\ndef commissioner sub A2003-41 amdt 3.25\nom A2005-41 amdt 1.14\ndef committee of management am A2003-41 amdt 3.206\nsub A2023-7 s 34\ndef Commonwealth commission reloc from s 4 A2003-41\nom A2005-41 amdt 1.14\ndef complainant ins A2003-41 amdt 3.205\nsub A2005-41 amdt 1.15\n\ndef complaint reloc from s 4 A2003-41 amdt 3.32\nsub A2005-41 amdt 1.16\ndef complaint about unlawful discrimination ins A2005-41\namdt 1.17\ndef compulsory conference reloc from s 4 A2003-41\nom A2007-22 amdt 1.27\ndef contract worker sub A2003-41 amdt 3.26\ndef deputy president ins A2000-2 sch\ndef disability ins A2003-41 amdt 3.27\ndef discriminate reloc from s 4 A2003-41 amdt 3.32\nom A2016-49 s 15\ndef discrimination ins A2016-49 s 16\ndef doing ins A2003-41 amdt 3.205\ndef educational authority reloc from s 4 A2003-41 amdt 3.32\ndef educational institution reloc from s 4 A2003-41\ndef employer reloc from s 4 A2003-41 amdt 3.32\ndef employment reloc from s 4 A2003-41 amdt 3.32\nam A2025-29 amdt 3.89\ndef employment agency am A2003-41 amdt 3.206\ndef employment status ins A2016-49 s 30\ndef gender identity ins A2010-5 s 10\nsub A2016-49 s 31\nam A2020-42 s 62\ndef HIV/AIDS status ins A2004-2 amdt 2.8\nom A2016-49 s 17\ndef HRC ins A2005-41 amdt 1.17\ndef HRC Act ins A2005-41 amdt 1.17\ndef immigration status ins A2016-49 s 32\ndef industrial activity ins A2010-5 s 10\ndef industrial association ins A2010-5 s 10\ndef industrial organisation ins A2010-5 s 10\ndef intersex status ins A2016-49 s 32\nom A2020-42 s 63\ndef investigation reloc from s 4 A2003-41 amdt 3.32\nom A2005-41 amdt 1.18\ndef irrelevant criminal record ins A2016-49 s 32\nam A2025-22 s 12\n\ndef man reloc from s 4 A2003-41 amdt 3.32\nom A2026-4 s 21\ndef member ins A2000-2 sch\ndef party ins A2003-41 amdt 3.205\nsub A2005-41 amdt 1.19\ndef physical features ins A2016-49 s 32\ndef political conviction ins A2016-49 s 32\ndef potential pregnancy ins A2002-19 s 4\ndef pregnancy ins A2002-19 s 4\ndef premises reloc from s 4 A2003-41 amdt 3.32\ndef president ins A2000-2 sch\ndef principal sub A2003-41 amdt 3.29\ndef protected attribute ins A2016-49 s 32\ndef public act ins A2003-41 amdt 3.205\nsub A2004-2 amdt 2.9\nom A2016-49 s 17\ndef race reloc from s 4 A2003-41 amdt 3.32\ndef relationship status ins A2003-15 s 7\nam A2006-22 amdt 1.32, amdt 1.33 (A2006-22 rep before\ncommenced by disallowance (see Cwlth Gaz 2006\nNo S93)); A2008-14 amdt 1.23, amdt 1.24; pars renum\nR29 LA; A2012-40 amdt 3.30, amdt 3.31; pars renum\nR39 LA; A2019-17 amdt 1.2\ndef relative sub A2003-15 s 8\nam A2006-22 amdt 1.34 (A2006-22 rep before\ncommenced by disallowance (see Cwlth Gaz 2006\nNo S93)); A2012-40 amdt 3.32\ndef relevant class of persons sub A2003-41 amdt 3.30\nam A2016-49 s 33\ndef religious conviction ins A2016-49 s 34\ndef representative complaint am A1996-67 s 4\nom A2005-41 amdt 1.20\ndef respondent ins A2003-41 amdt 3.205\nsub A2005-41 amdt 1.21\n\ndef services am A2003-41 amdt 3.31\ndef sex characteristics ins A2020-42 s 64\ndef sexual harassment ins A2003-41 amdt 3.205\ndef sexuality reloc from s 4 A2003-41 amdt 3.32\nsub A2020-42 s 65\ndef staff reloc from s 4 A2003-41 amdt 3.32\nom A2005-41 amdt 1.22\ndef Territory employee sub A1994-38 sch 1 pt 28\nsub A2025-29 amdt 3.90\ndef transsexual reloc from s 4 A2003-41 amdt 3.32\nom A2010-5 s 11\ndef tribunal ins A1996-67 s 4\nsub A2005-41 amdt 1.23\ndef unlawful act ins A2016-49 s 18\ndef unpaid worker reloc from s 4 A2003-41 amdt 3.32\ndef voluntary body reloc from s 4 A2003-41 amdt 3.32\ndef woman reloc from s 4 A2003-41 amdt 3.32\nom A2026-4 s 21\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\n1 A1994-11 31 May 1994\n2 A1995-46 1 January 1996\n3 A1996-67 31 January 1997\n4 A1998-54 31 January 1999\n5 A2000-17 15 June 2000\n6 A2001-44 12 September 2001\n7 A2002-11 31 May 2002\n8 A2002-19 14 June 2002\n9 A2002-19 11 July 2002\n10 A2002-51 1 January 2003\n10 (RI) A2002-51 ‡ 10 February 2003\n11 A2003-15 28 March 2003\n12 A2003-41 9 October 2003\n13 A2004-5 22 March 2004\n14 A2004-15 9 April 2004\n15 A2004-15 30 April 2004\n16 A2004-15 1 July 2004\n17 A2004-51 12 August 2004\n18* A2004-51 1 September 2004\n19 A2004-60 10 January 2005\n20 A2005-60 11 January 2006\n21 A2006-3 23 February 2006\n\nEarlier republications 5\n22 A2006-40 29 September 2006\n23 A2006-40 1 November 2006\n24* A2006-47 2 December 2006\n25 A2006-47 28 May 2007\n26 A2007-16 11 July 2007\n27 A2007-22 6 September 2007\n28 A2007-39 27 December 2007\n29 A2008-14 19 May 2008\n30 A2008-29 13 August 2008\n31 A2008-29 27 August 2008\n32* A2008-36 2 February 2009\n33 A2010-5 9 March 2010\n34 A2010-5 22 April 2010\n35 A2010-43 1 December 2010\n36 A2011-22 1 July 2011\n37* A2011-28 21 September 2011\n38 A2011-52 12 December 2011\n39 A2012-40 11 September 2012\n40 A2012-40 22 September 2012\n41 A2013-39 (never effective) 7 November 2013\n41 (RI) A2013-39 (never effective) 7 November 2013\n42 A2015-45 7 November 2015\n43 A2016-49 24 August 2016\n44 A2016-49 25 August 2016\n45 A2016-49 3 April 2017\n46 A2018-48 29 April 2019\n\n47 A2019-17 21 June 2019\n48 A2019-35 10 April 2020\n49 A2020-42 28 August 2020\n50 A2023-57 11 April 2024\n51 A2024-49 18 September 2024\n52 A2025-22 13 September 2025\n53 A2025-29 16 November 2025\n‡ includes retrospective amendments by A2002-49","sortOrder":97}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":18,"completionTokens":6946},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has ballooned from a straightforward anti-discrimination statute into a sprawling equality charter. It now imposes positive duties on organisations to proactively eliminate discrimination, covers attributes such as gender identity, sex characteristics, and domestic violence victimisation that were not in the original 1991 fabric, and regulates everything from formally organised dodgeball to the internal staffing of religious schools. Meanwhile, its original complaint-handling and tribunal machinery has been stripped out and relocated to separate legislation, leaving a dense web of substantive prohibitions and exceptions."},"complexity_factors":["24 protected attributes in s 7, many with layered definitions (e.g., disability in s 5AA covers genetic disposition, assistance animals, and behavioural manifestations)","Part 4 contains 10 separate divisions of exceptions, including nested carve-outs for religious bodies (s 32), sporting activities (ss 41, 57, 57M), and age-based competitions","Extensive cross-referencing to the Human Rights Act 2004, Criminal Code, and Legislation Act 2001, plus a dictionary with over 40 defined terms and signpost definitions","Positive duties in Part 9 impose proactive obligations on organisations but are littered with staggered commencement dates and a self-destructing sunset clause","Indirect discrimination in s 8 requires a three-step reasonableness test involving feasibility, detriment, and proportionality"],"plain_english_summary":"**What this law does**\n\nThe *Discrimination Act 1991* is the Australian Capital Territory’s central law for preventing unfair treatment. It makes **discrimination**, **sexual harassment**, and public **vilification** (inciting hatred or severe ridicule) unlawful in many everyday settings.\n\n**Protected attributes (the characteristics protected by law)**\n\nIt is unlawful to treat someone unfairly because of a “protected attribute.” These include age, disability, race, sex, sexuality, gender identity, sex characteristics, pregnancy, relationship status, religious or political conviction, employment status, immigration status, physical features, and subjection to domestic or family violence. The law also protects people who are assumed to have an attribute, used to have one, or may have one in the future (for example, because of genetics).\n\n**Direct and indirect discrimination**\n\n* **Direct discrimination** happens when someone is treated unfavourably because of a protected attribute.\n* **Indirect discrimination** happens when a rule or condition is imposed that appears neutral but disadvantages people with a protected attribute, unless the condition is reasonable in the circumstances.\n\n**Where the rules apply**\n\nThe Act covers workplaces (hiring, firing, terms of employment), education (schools and universities), accommodation (renting and leasing), clubs, access to premises, goods and services, sporting activities, competitions, and the administration of government programs.\n\n**Exceptions**\n\nThe law includes many exceptions (legal defences) where different treatment is allowed. These include measures to achieve equality for disadvantaged groups (sometimes called “special measures”), certain religious bodies for religious roles, genuine occupational qualifications (for example, casting an actor of a particular race), health and safety requirements, and cases where accommodating a disability would cause **unjustifiable hardship** (an unreasonable burden).\n\n**Sexual harassment and vilification**\n\nApart from discrimination, the Act makes sexual harassment unlawful in workplaces, schools, and services. It also makes it unlawful to publicly incite hatred, serious contempt, or severe ridicule of someone because of attributes such as race, disability, or sexuality.\n\n**Positive duties**\n\nOrganisations and business leaders must take reasonable and proportionate steps to eliminate discrimination, sexual harassment, and vilification. They must also make **reasonable adjustments** (practical changes) to accommodate a person’s needs arising from a protected attribute, unless doing so would cause unjustifiable hardship.\n\n**Enforcement**\n\nUnlawful acts under this Act are not criminal offences by themselves. Complaints are handled through the ACT Human Rights Commission (HRC) and can be reviewed by the ACT Civil and Administrative Tribunal (ACAT). The HRC can also grant temporary exemptions in special cases.\n\n**Why it matters**\n\nThe Act aims to eliminate systemic disadvantage, ensure equality before the law, and align with the ACT *Human Rights Act 2004*."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s operational scope has been expanded and refined by later additions reflected in the republished text. Notable scope changes in the current text include: a wider range of protected attributes (including gender identity, sex characteristics and explicit treatment of potential pregnancy) (s7; s5A; s5AA); broadened disability coverage that includes future or perceived disabilities and reliance on aids or assistance animals (s5AA(2)–(3)); the introduction of positive duties requiring reasonable adjustments and proactive elimination steps (ss74–75); and explicit application to administration of Territory laws and programs by public authorities (s23C). The Act also now provides the HRC with express exemption powers and a formal review route to ACAT (ss109–110). These additions increase the regulatory reach and create new compliance and administrative obligations for public and private actors (see ss74–75; s109)."},"complexity_factors":["Broad and inclusive list of protected attributes (s7) with interpretive rule favouring beneficiaries (s4AA) increases scope and uncertainty.","Multiple domains covered (employment, education, goods/services, accommodation, premises, clubs, sport, public administration) requiring different operational changes (parts 3, 5, 7).","Detailed and numerous exceptions across part 4 (religious, insurance, disability, age, occupation, clubs, domestic accommodation etc.) create many fact-specific carve-outs.","Positive duties and reasonableness standards (s74–75) require proportional, context-sensitive assessments and introduce phased commencement rules (s75(4)–(6)).","Complex definitions that broaden coverage (e.g. disability includes future and perceived conditions, reliance on aids and assistance animals — s5AA).","Administrative discretion vested in HRC (exemptions s109) and Ministerial notifiable instruments (s30) create additional procedural layers and review routes (s110).","Enforcement model relies on administrative and tribunal processes rather than private civil causes (ss71–72, ss109–110), producing a multi-step dispute pathway with associated procedural rules (endnote history shows many procedural amendments).","Cross-references to other laws and criminal offences (Criminal Code, Human Rights Act, HRC Act, penalty unit scheme) increase legal interdependence and enforcement complexity (notes to s67A; s6A; s122)."],"plain_english_summary":"## What this law does, in plain terms\n\n- The Discrimination Act 1991 makes specified conduct unlawful across the Australian Capital Territory (ACT). The Act defines discrimination, sexual harassment and unlawful vilification and sets out where those acts are prohibited (see parts 3, 5 and 7; particularly s8, pt 3, pt 5, s67A).  \n\n- The Act identifies a list of \"protected attributes\" (for example: age, disability, sex, gender identity, sexuality, race, religious conviction, pregnancy, association and others) (s7). It treats both direct and indirect discrimination as covered (s8).  \n\n- The Act applies to many everyday contexts: employment and recruitment (s10), commission and contract work (ss12–13), partnerships (s14), professional qualification decisions (s16), employment agencies (s17), education (s18), access to public premises and facilities (s19), goods and services (s20), accommodation (s21), clubs (s22), sporting activities and competitions (ss23A–23B), and the administration of territory laws, programs or policies by public authorities (s23C).  \n\n- It imposes positive duties: organisations and people with management responsibility must take reasonable and proportionate steps to eliminate discrimination, sexual harassment and unlawful vilification (s75). People and organisations must make reasonable adjustments to accommodate a person’s needs arising from a protected attribute unless doing so would cause unjustifiable hardship (s74; unjustifiable hardship defined in s5B).  \n\n## Who is affected\n\n- Private and public sector employers and workplaces, educational authorities and institutions, providers of goods and services, accommodation and clubs, sporting and competition organisers, public authorities administering ACT law or programs, employment and recruitment agencies, and qualifying bodies that grant licences or professional authorisations (see s10, s18, s20, s21, s22, s23A, s23B, s23C, s16, s17).  \n\n- Individuals who hold or are associated with protected attributes (as listed at s7) are protected by the Act. The Act’s interpretive rule requires reading it in a way beneficial to people with protected attributes where consistent with the objects and human rights (s4AA).  \n\n## How it works mechanically\n\n- Definitions and scope: discrimination covers both unfavourable treatment (direct) and imposition of conditions that disadvantage (indirect) (s8). Disability is broadly defined and includes present, past and some prospective conditions and reliance on disability aids or assistance animals (s5AA). Potential pregnancy is explicitly covered (s5A).\n\n- Exceptions and limits: the Act lists numerous exceptions where conduct that would otherwise be unlawful is permitted (part 4). Examples include: reasonable distinctions for domestic duties or accommodation (ss24, 26), religious bodies and religious educational institutions acting consistently with their doctrines (s32, s46), insurance/superannuation providers acting on actuarial/statistical data (s28), genuine occupational qualifications and inherent requirements of a job (s33B, s33C), health-and-safety or age-based rules for certain work or services (ss57C, 57J) and disability-related exceptions subject to unjustifiable hardship tests (ss50–54).  \n\n- Enforcement and remedies: the Human Rights Commission (HRC) administers complaint and exemption processes; the HRC may grant time-limited exemptions subject to conditions (s109) and its decisions can be reviewed by the ACT Civil and Administrative Tribunal (ACAT) (s110). The Act states that an unlawful act is not itself a criminal offence (s71) and that the Act does not create a private right of civil action (s72). However, certain conduct can attract criminal liability under other laws (for example, serious vilification is an offence under the Criminal Code; see note to s67A). Specific offences also appear for secrecy breaches about protected information (s121(2)).  \n\n## Official rationale and how the Act’s mechanisms map to it\n\n- The Act states its objects as eliminating discrimination to the greatest extent possible, promoting equality before the law and encouraging identification and elimination of systemic causes of discrimination (s4). The Act also recognises that achieving substantive equality may require reasonable adjustments, reasonable accommodation and special measures (s4(d)).  \n\n- The Act implements those objectives by (a) defining protected attributes (s7), (b) making particular conduct unlawful across a range of social and economic settings (parts 3, 5 and 7), and (c) imposing positive duties to make reasonable adjustments (s74) and to take reasonable steps to eliminate unlawful conduct (s75). It balances this with a detailed set of exceptions (part 4) and procedural arrangements for exemptions (ss109–110).\n\n## Testing the purpose-claim against costs, incentives, trade-offs and implementation details\n\n- Who pays / who bears costs: private businesses, not-for-profit bodies, clubs and educational institutions are required to avoid unlawful discrimination and to take reasonable steps under positive duties (s75) and to make reasonable adjustments (s74). Those obligations may impose compliance costs, including administration, training, physical adjustments and operational changes. Public authorities are subject to a phased application of the positive duty (s75(4)–(6)), which delays some compliance costs for specified periods.  \n\n- Compliance burden and decision points: the Act leaves several reasonableness and proportionality assessments to the decision‑maker (for example, whether an indirect condition is reasonable — s8(4)–(5); whether an adjustment causes unjustifiable hardship — s74(2); whether an exception applies, e.g. s32 for religious bodies). These standards require factual, case-by-case assessment and so create ongoing compliance and documentation obligations for organisations.  \n\n- Bureaucratic discretion and administrative avenues: the HRC has explicit power to grant exemptions for up to 3 years and to set conditions (s109(1), (4)). The HRC must consider matters including promoting acceptance of the Act and, where relevant, redressing past discrimination (s109(3)(a)–(b)). Those powers concentrate a degree of administrative discretion with the HRC and produce a formal route for authorised temporary departures from the Act’s obligations. ACAT provides review rights (s110). The Minister also has specified power to declare temporary expiry of parts of s30 (acts done to comply with statutory requirements) (s30(2)–(4)).  \n\n- Effects on private choice, competition and contracts: the Act restricts certain private decision‑making (for example, recruitment conditions s10; terms of supply of goods and services s20; access to premises s19). Exceptions preserve some contract and operational freedom where objectively justified (genuine occupational qualifications s33B, inherent requirements s33C, insurance actuarial exceptions s28). Those exceptions permit differentiation in markets (e.g., insurance pricing on actuarial data s28) while limiting discriminatory choices that are not justified.  \n\n- Opportunity costs and substitution effects: where the Act requires adjustments (s74) or prohibits a particular selection criterion, firms may reallocate resources (e.g. to training or premises modification) or change hiring and operational practices. Where exceptions apply (e.g. clubs, religious bodies, small domestic accommodation in s26), service providers retain room to design offerings targeted at particular groups; this may shift service patterns rather than eliminate them.  \n\n- Implementation risk: broad and partly open-ended concepts (\"reasonable\", \"proportionate\", \"unjustifiable hardship\") (s8(4)–(5), s74(2), s5B) create scope for legal uncertainty and for differing administrative interpretations. The Act narrows some uncertainty by specifying factors to be taken into account (for example s5B lists factors relevant to unjustifiable hardship; s75(3) lists factors relevant to what steps are reasonable).  \n\n- Enforcement design: the Act principally uses administrative complaint, conciliation and tribunal processes (HRC and ACAT) rather than private civil suits (s72) and contains limited criminal penalties (e.g. secrecy offence s121(2) and cross-reference to Criminal Code for serious vilification at s67A). That structure concentrates enforcement through the HRC/tribunal process and leaves remedial discretion to those bodies.\n\n## Concrete mechanisms to watch if you operate in the ACT\n\n- Review your procedures for recruitment, promotions, procurement, access and service delivery to remove criteria that disadvantage people with protected attributes (s8; s10; s20).  \n- Assess whether reasonable adjustments are required and whether any adjustments would cause unjustifiable hardship (s74; s5B).  \n- If you are a provider of insurance/superannuation, maintain actuarial/statistical data and be prepared to explain or provide it on request (s28(3)).  \n- If you are a religious or other body claiming an exception, publish and make publicly accessible the relevant policy where required (s32(1)(d)(ii), s32(1)(e)(ii); s46(3)–(4)).  \n- Document decisions where you rely on an exception (part 4) or on a genuine occupational qualification (s33B) or inherent requirement (s33C).  \n- Be aware that the HRC can grant time-limited exemptions with conditions (s109) and that its decisions are reviewable by ACAT (s110).\n\n## Selected key provisions (quick reference)\n\n- Objects: s4; interpretive rule beneficial to protected attributes: s4AA.  \n- Protected attributes: s7.  \n- Definition of discrimination (direct and indirect): s8.  \n- Employment-related prohibitions: s10 (applicants and employees).  \n- Goods and services, access to premises, accommodation: ss19–21.  \n- Positive duties: reasonable adjustments s74; eliminate discrimination s75.  \n- Exceptions and exemptions: part 4 (many sections), HRC exemptions s109, ACAT review s110.  \n- Unlawful vilification and related criminal note: s67A (note referring to Criminal Code s750).  \n- Secrecy offence (penalty): s121(2)."}},"importantCases":[],"_links":{"self":"/api/acts/discrimination-act-1991","history":"/api/acts/discrimination-act-1991/history","analysis":"/api/acts/discrimination-act-1991/analysis","conflicts":"/api/acts/discrimination-act-1991/conflicts","importantCases":"/api/acts/discrimination-act-1991/important-cases","documents":"/api/acts/discrimination-act-1991/documents"}}