{"id":"sa:equal-opportunity-act-1984","name":"Equal Opportunity Act 1984","slug":"sa-equal-opportunity-act-1984","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438052,"registerId":"sa:equal-opportunity-act-1984-seed-1775954629721-8egx5i","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 6","sectionType":"division","heading":"General exemptions from Part 5B","content":"Division 6—General exemptions from Part 5B\n85ZI\tCharities\n85ZJ\tRights in connection with pregnancy\n85ZK\tMeasures intended to achieve equality\n85ZL\tExemption relating to identity of spouse or domestic partner\n85ZM\tReligious bodies\n85ZN\tExemption relating to religious appearance or dress\n85ZO\tExemption relating to domestic abuse\nPart 6—Other unlawful acts\n86\tVictimisation is unlawful\n86A\tConversion practices\n87\tSexual harassment\n87A\tSharing accommodation with child\n87B\tStudent breast feeding infant\n88\tAssistance animals\n88A\tTherapeutic animals\n89\tNotification to be given of proposed discrimination based on actuarial or statistical data\n90\tAiding unlawful acts\n91\tCivil liability of employers and principals\nPart 6A—Practice guidelines\n91A\tCommissioner may issue practice guidelines\n91B\tEffect of practice guidelines\nPart 7—Grant of exemptions\n92\tTribunal may grant exemptions\nPart 8—Enforcement\nDivision 1—Proceedings before Commissioner and Tribunal\n93\tMaking of complaints\n93AA\tManner of dealing with complaints of sexual harassment by judicial officers and members of Parliament\n93A\tInstitution of inquiries\n94\tInvestigation of complaints or matters referred to Commissioner\n95\tConciliation of complaints lodged with Commissioner\n95A\tCommissioner may decline complaints in certain circumstances\n95B\tReferral of complaints to Tribunal\n95C\tAssistance to parties before Tribunal\n95D\tReferral of matters to Tribunal\n96\tPower of Tribunal to make certain orders\n96A\tLimitation on publicity relating to child\nDivision 2—Reviews and appeals\n96B\tReview of refusal to extend time\n96C\tNo internal review by Tribunal\n97\tReasons for decision or order\n98\tRepresentation\n98A\tAppeals\n98B\tTransfer of proceedings\n98C\tNo application for review\nPart 9—Miscellaneous\n99\tNo further sanctions for breach of Act\n100\tProceedings under Fair Work Act 1994\n102\tOffences against Commissioner\n103\tDiscriminatory advertisements\n104\tService of documents\n106\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Equal Opportunity Act 1984.\n5—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nact includes an omission;\nassistance animal means—\n\t(a)\ta dog that is an accredited assistance dog under the Dog and Cat Management Act 1995; or\n\t(b)\tan animal of a class prescribed by regulation;\nbusiness includes a business that is not carried on for profit;\ncaring responsibilities—see subsection (3);\nchild means a person who is under the age of 18 years;\nclose personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their sexual orientation or gender identity) who live together as a couple on a genuine domestic basis, but does not include—\n\t(a)\tthe relationship between a legally married couple; or\n\t(b)\ta relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;\nNote—\nTwo persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.\nCommissioner means the person for the time being holding or acting in the office of Commissioner for Equal Opportunity under this Act;\ncouncil means a council constituted under the Local Government Act 1999;\ncourt includes a tribunal;\ndetriment includes humiliation or denigration;\ndisability, in relation to a person, means—\n\t(a)\ttotal or partial loss of the person's bodily or mental functions; or\n\t(b)\ttotal or partial loss of a part of the body; or\n\t(c)\tthe presence in the body of organisms causing disease or illness; or\n\t(d)\tthe presence in the body of organisms capable of causing disease or illness; or\n\t(e)\tthe malfunction, malformation or disfigurement of a part of the person's body; or\n\t(f)\ta disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or\n\t(g)\ta disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour;\ndomestic abuse has the same meaning as in the Intervention Orders (Prevention of Abuse) Act 2009;\ndomestic partner means—\n\t(a)\ta person who is in a registered relationship; or\n\t(b)\ta person who lives in a close personal relationship;\neducational authority means the person or body administering a school, college, university or other institution at which education or training is provided;\nemployee—\n\t(a)\tincludes the holder of a public or statutory office (not being a judicial or magisterial office); and\n\t(b)\tincludes an unpaid worker;\nemployer—\n\t(a)\tin relation to the holder of a public or statutory office—means the Crown;\n\t(b)\tin relation to an unpaid worker—means an organisation for which the unpaid worker performs services;\nemployment includes unpaid work;\nemployment agency means a person who, for fee or reward, introduces persons seeking work to persons seeking to employ or engage persons to perform work;\nintroduction agency means a person who carries on a business of introducing persons who are seeking companionship or social contact;\njudicial officer means a member of a court or tribunal;\nmarital or domestic partnership status means the status or condition of—\n\t(a)\tbeing single; or\n\t(b)\tbeing married; or\n\t(c)\tbeing married but living separately and apart from one's spouse; or\n\t(d)\tbeing divorced; or\n\t(e)\tbeing widowed; or\n\t(f)\tbeing a domestic partner;\nmedical practitioner means a person who is registered in this State as a medical practitioner;\nnear relative of a person means spouse, domestic partner, parent, child, grandparent, grandchild, brother or sister;\nparliamentary proceedings means proceedings before—\n\t(a)\tthe House of Assembly or the Legislative Council; or\n\t(b)\ta committee of either House or of both Houses;\npotential pregnancy of a woman means that the woman is likely, or is perceived as being likely, to become pregnant;\nrace of a person means the nationality (current, past or proposed), country of origin, colour or ancestry of the person;\nregistered industrial association means an industrial association or organisation registered under a law of the State or the Commonwealth;\nregistered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act;\nRegistrar means the person holding or acting in the office of Registrar of the Tribunal under this Act;\nSAET means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014;\nsecondary education institution means an institution at which secondary education is provided;\nservices to which this Act applies means—\n\t(a)\taccess to or use of a place or facilities that members of the public are permitted to enter or use; or\n\t(b)\tservices provided by an employment agency; or\n\t(c)\tservices provided in the course of a banking business (within the meaning of the Banking Act 1959 of the Commonwealth), the provision of credit, or insurance; or\n\t(d)\tthe provision of a scholarship, prize or award; or\n\t(e)\tentertainment, recreation or refreshment; or\n\t(f)\tservices provided by an introduction agency; or\n\t(g)\tthe provision of coaching or umpiring in a sport; or\n\t(h)\tservices connected with transportation or travel; or\n\t(i)\tservices of a profession or trade; or\n\t(j)\tservices provided by a Government department, instrumentality or agency or a council;\nspouse—a person is the spouse of another if they are legally married;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;\nunpaid worker means a person who performs work for an employer for no remuneration.\n\t(2)\tAfter the commencement of this subsection, the provision of assisted insemination or assisted reproductive treatment (both within the meaning of the Assisted Reproductive Treatment Act 1988) will be the provision of a service to which this Act applies; however, to avoid doubt, the provision of any such service before the commencement of this subsection is not (and will be taken never to have been) a service to which this Act or the repealed Sex Discrimination Act 1975 applied.\n\t(2a)\tDespite subsection (2), the refusal by a person who is a registered objector within the meaning of the Assisted Reproductive Treatment Act 1988 to provide assisted reproductive treatment to another on the basis of the other's sexual orientation or gender identity, or marital status, will not be taken to be refusal of a service to which this Act applies.\n\t(3)\tFor the purposes of this Act—\n\t(a)\ta person has caring responsibilities if the person has responsibilities to care for or support—\n\t(i)\ta dependent child of the person; or\n\t(ii)\tany other immediate family member of the person who is in need of care and support; and\n\t(b)\tan Aboriginal or Torres Strait Islander person also has caring responsibilities if the person has responsibilities to care for or support any person to whom that person is held to be related according to Aboriginal kinship rules or Torres Strait Islander kinship rules, as the case may require.\n\t(4)\tIn subsection (3)—\nchild includes an adopted child, a step-child or an ex-nuptial child;\ndependent child of a person means a child who is wholly or substantially dependent on the person;\nimmediate family member of a person includes—\n\t(a)\tthe person's spouse or domestic partner or former spouse or former domestic partner; and\n\t(b)\tan adult child, parent, grandparent, grandchild, or sibling of the person or of the spouse or domestic partner of the person.\n6—Interpretative provisions\n\t(1)\tFor the purposes of this Act, the holder of a public or statutory office will, in carrying out official duties, be taken to be acting in the course of employment.\n\t(2)\tFor the purposes of this Act, a person acts on a particular ground referred to in this Act if the person in fact acts on a number of grounds, one of which is the ground so referred to, and that ground is a substantial reason for the act.\n\t(3)\tFor the purposes of this Act, a person (the discriminator) treats another unfavourably on the basis of a particular attribute or circumstance if the discriminator treats that other person less favourably than in identical or similar circumstances the discriminator treats, or would treat, a person who does not have that attribute or is not affected by that circumstance.\n\t(4)\tFor the purposes of this Act, an act will be regarded as a discriminatory act despite the fact that the person alleged to have committed the act did so on the basis of a mistaken assumption (for example, a mistaken assumption that another person was of a particular sexual orientation or gender identity or a particular race).\n7—Crown is bound\nThis Act binds the Crown.\n","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Commissioner","content":"Part 2—Commissioner\n","sortOrder":2},{"sectionNumber":"Div 1","sectionType":"division","heading":"Commissioner","content":"Division 1—Commissioner\n8—The Commissioner\n\t(1)\tThere will be a Commissioner for Equal Opportunity.\n\t(2)\tThe Commissioner will be appointed for a term of five years and will, at the expiration of a term of appointment, be eligible for reappointment.\n\t(3)\tThe Commissioner is not a Public Service employee.\n\t(4)\tThe terms and conditions of the Commissioner's appointment will be fixed by the Governor on the recommendation of the Commissioner for Public Employment.\n\t(5)\tA Public Service employee may be appointed to act temporarily as the Commissioner.\n9—Staff\n\t(1)\tThe Commissioner will have such staff as is necessary for the administration of this Act.\n\t(2)\tThe Commissioner's staff will consist of Public Service employees.\n10—Administration of Act and Ministerial direction\n\t(1)\tThe Commissioner is responsible to the Minister for the general administration of this Act and, in carrying out that function, is subject to the general control and direction of the Minister.\n\t(2)\tHowever, the Minister—\n\t(a)\tmust not give a direction in relation to the manner in which action should be taken on a particular complaint; and\n\t(b)\tmust not seek information tending to identify a party to proceedings under this Act.\n11—Functions of Commissioner\n\t(1)\tThe Commissioner must foster and encourage amongst members of the public informed and unprejudiced attitudes with a view to eliminating discrimination on the grounds to which this Act applies.\n\t(2)\tThe Commissioner may institute, promote or assist in research, the collection of data and the dissemination of information relating to discrimination on the grounds to which this Act applies.\n\t(3)\tThe Commissioner may make recommendations to the Minister as to reforms, whether of a legislative nature or otherwise, that the Commissioner believes will further the objects of this Act.\n14—Annual report by Commissioner\n\t(1)\tThe Commissioner must, not later than 30 September in each year, report to the Minister on—\n\t(a)\tthe operation and administration of this Act; and\n\t(b)\tthe work undertaken by the Commissioner under section 11,\nduring the previous financial year.\n\t(2)\tThe Minister must cause a copy of a report furnished under subsection (1) to be laid before each House of Parliament within 12 sitting days of receipt of the report if Parliament is then in session, but if Parliament is not then in session, within 12 days of the commencement of the next session of Parliament.\n15—Power of Commissioner to delegate\n\t(1)\tThe Commissioner may, with the approval of the Minister, delegate powers and functions under this Act to a Public Service employee.\n\t(2)\tA delegation under this section is revocable at will and does not derogate from the power of the Commissioner to act personally in a matter.\n","sortOrder":3},{"sectionNumber":"Part 3","sectionType":"part","heading":"Prohibition of discrimination on ground of sex, sexual orientation or gender identity","content":"Part 3—Prohibition of discrimination on ground of sex, sexual orientation or gender identity\nDivision 1—Discrimination to which Part 3 applies\n29—Criteria for discrimination on ground of sex, gender identity, sexual orientation or intersex status\n\t(2)\tFor the purposes of this Act, a person discriminates on the ground of sex—\n\t(a)\tif the person treats another unfavourably because of the other's sex; or\n\t(b)\tif the person treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and—\n\t(i)\tthe nature of the requirement is such that a substantially higher proportion of persons of the opposite sex complies, or is able to comply, with the requirement than of those of the other's sex; and\n\t(c)\tif the person treats another unfavourably on the basis of a characteristic that appertains generally to persons of the other's sex, or on the basis of a presumed characteristic that is generally imputed to persons of that sex; or\n\t(d)\tif the person treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs.\n\t(2a)\tFor the purposes of this Act, a person discriminates on the ground of gender identity—\n\t(a)\tif the person treats another unfavourably because the other is or has been a person of a particular gender identity or because of the other's past sex; or\n\t(b)\tif the person treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and—\n\t(i)\tthe nature of the requirement is such that a substantially higher proportion of persons who are not persons of a particular gender identity comply, or are able to comply, with the requirement than of those of the particular gender identity; and\n\t(c)\tif the person treats another unfavourably on the basis of a characteristic that appertains generally to persons of a particular gender identity, or on the basis of a presumed characteristic that is generally imputed to persons of a particular gender identity; or\n\t(d)\tif the person requires a person of a particular gender identity to assume characteristics of a sex with which the person does not identify; or\n\t(e)\tif the person treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs.\n\t(3)\tFor the purposes of this Act, a person discriminates on the ground of sexual orientation—\n\t(a)\tif the person treats another unfavourably because of the other's sexual orientation or past sexual orientation; or\n\t(b)\tif the person treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and—\n\t(i)\tthe nature of the requirement is such that a substantially higher proportion of persons of a different sexual orientation complies, or is able to comply, with the requirement than of those of the other's sexual orientation; and\n\t(c)\tif the person treats another unfavourably on the basis of a characteristic that appertains generally to persons of the other's sexual orientation, or presumed sexual orientation, or on the basis of a presumed characteristic that is generally imputed to persons of that sexual orientation; or\n\t(d)\tif the person treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs.\n\t(4)\tFor the purposes of this Act, a person discriminates on the ground of intersex status—\n\t(a)\tif the person treats another unfavourably because of the other's intersex status or past intersex status; or\n\t(b)\tif the person treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and—\n\t(i)\tthe nature of the requirement is such that a substantially higher proportion of persons who are not of intersex status complies, or is able to comply, with the requirement than of those of intersex status; and\n\t(c)\tif the person treats another unfavourably on the basis of a characteristic that appertains generally to persons of intersex status, or presumed intersex status, or on the basis of a presumed characteristic that is generally imputed to persons of intersex status; or\n\t(d)\tif the person treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs.\n30—Discrimination against applicants and employees\n\t(1)\tIt is unlawful for an employer to discriminate against a person on the ground of sex, sexual orientation, gender identity or intersex status—\n\t(2)\tIt is unlawful for an employer to discriminate against an employee on the ground of sex, sexual orientation, gender identity or intersex status—\n\t(b)\tby denying or limiting access to opportunities for promotion, transfer or training, or to other benefits connected with employment; or\n31—Discrimination against agents and independent contractors\n\t(2)\tIt is unlawful for the principal to discriminate against a person on the ground of sex, sexual orientation, gender identity or intersex status—\n\t(3)\tIt is unlawful for the principal to discriminate against an agent or independent contractor on the ground of sex, sexual orientation, gender identity or intersex status—\n\t(b)\tby denying or limiting access to opportunities for promotion, transfer or training or other benefits connected with the agent's or independent contractor's position; or\n32—Discrimination against contract workers\n\t(1)\tThis section applies to a principal for whom work is done by persons (contract workers) under a contract between the principal and another where the contract workers are employed or engaged by a person other than the principal.\n\t(2)\tIt is unlawful for a principal to enter into a contract or arrangement with another for work to be performed by contract workers under which a person is to discriminate against a contract worker on the ground of sex, sexual orientation, gender identity or intersex status.\n\t(3)\tIt is unlawful for the principal to discriminate against a contract worker on the ground of sex, sexual orientation, gender identity or intersex status—\n33—Discrimination within partnerships\n\t(1)\tIt is unlawful for a firm, or a person promoting the formation of a firm, to discriminate against a person on the ground of sex, sexual orientation, gender identity or intersex status in determining, or in the course of determining, who should be offered a position as partner in the firm.\n\t(3)\tIt is unlawful for a firm, or a person promoting the formation of a firm, to discriminate against a person on the ground of sex, sexual orientation, gender identity or intersex status in the terms or conditions on which that person is offered a position as partner in the firm.\n\t(4)\tIt is unlawful for a firm to discriminate against a partner on the ground of sex, sexual orientation, gender identity or intersex status—\n34—Exemptions\n\t(b)\ta principal engaging a natural person as an independent contractor for purposes not connected with a business carried on by the principal.\n\t(2)\tThis Division does not apply to discrimination on the ground of sex, sexual orientation, gender identity or intersex status in relation to employment or engagement for which it is a genuine occupational requirement that a person be a person of a particular sex, sexual orientation, gender identity or intersex status.\n\t(3)\tThis Division does not apply to discrimination on the ground of sexual orientation, gender identity or intersex status in relation to employment or engagement for the purposes of an educational institution if—\n\t(a)\tthe educational institution is administered in accordance with the precepts of a particular religion and the discrimination is founded on the precepts of that religion; and\n\t(b)\tthe educational authority administering the institution has a written policy stating its position in relation to the matter; and\n\t(c)\ta copy of the policy is given to a person who is to be interviewed for or offered employment with the authority or a teacher who is to be offered engagement as a contractor by the authority; and\n\t(d)\ta copy of the policy is provided on request, free of charge—\n\t(i)\tto employees and contractors and prospective employees and contractors of the authority to whom it relates or may relate; and\n\t(ii)\tto students, prospective students and parents and guardians of students and prospective students of the institution; and\n\t(iii)\tto other members of the public.\n\t(4)\tThis Division does not apply to discrimination on the ground of gender identity in relation to employment or engagement if the discrimination is for the purposes of enforcing standards of appearance and dress reasonably required for the employment or engagement.\n35—Discrimination by associations\n\t(a)\tagainst an applicant for membership on the ground of sex, sexual orientation, gender identity or intersex status—\n\t(i)\tby refusing or failing to admit the applicant to membership, or to a particular class of membership, of the association; or\n\t(ii)\tin the terms on which the applicant is, or may be, admitted to membership, or a particular class of membership; or\n\t(b)\tagainst a member of the association on the ground of sex, sexual orientation, gender identity or intersex status—\n\t(2)\tThis section does not apply to discrimination on the ground of sex in relation to the use or enjoyment of a service or benefit provided by an association—\n\t(a)\tif it is not practicable for the service or benefit to be used or enjoyed simultaneously by persons of different sex, but the same, or an equivalent, service or benefit is provided for the use or enjoyment of persons of different sex separately from each other or at different times; or\n\t(b)\tif it is not practicable for the service or benefit to be used or enjoyed to the same extent by persons of different sex, but persons of different sex are entitled to a fair and reasonable proportion of the use or enjoyment of the service or benefit.\n\t(2a)\tThis section does not render unlawful an association established for—\n\t(a)\tpersons of a particular sex; or\n\t(b)\tpersons of a particular gender identity; or\n\t(c)\tpersons of a particular sexual orientation (other than heterosexuality); or\n\t(d)\tpersons of intersex status,\nand, consequently, such an association may discriminate against an applicant for membership so as to exclude from membership persons other than those for whom the association is established.\n\t(2b)\tThis section does not apply to discrimination on the ground of sexual orientation, gender identity or intersex status if the association is administered in accordance with the precepts of a particular religion and the discrimination is founded on the precepts of that religion.\n\t(3)\tWithout limiting the generality of this section, an association discriminates against a member of a particular class in the association if, on application by that member to join a different class of membership in the association, the association accords the member a lower order of precedence on the list of applicants for that class of membership than that accorded to an applicant who is not a member of the association.\n36—Discrimination by qualifying bodies\nIt is unlawful for an authority or body empowered to confer an authorisation or qualification that is needed for, or facilitates, the practice of a profession, or the carrying on or engaging in of a trade or occupation, to discriminate against a person on the ground of sex, sexual orientation, gender identity or intersex status—\n\t(b)\tin the terms or conditions on which it confers or renews the authorisation or qualification; or\n37—Discrimination by educational authorities\n\t(1)\tIt is unlawful for an educational authority to discriminate against a person on the ground of sex, sexual orientation, gender identity or intersex status—\n\t(2)\tIt is unlawful for an educational authority to discriminate against a student on the ground of sex, sexual orientation, gender identity or intersex status—\n\t(a)\tin the terms or conditions on which it provides the student with training or education; or\n\t(3)\tThis section does not apply to discrimination on the ground of sex in respect of—\n\t(a)\tadmission to a school, college, university or institution established wholly or mainly for students of the one sex; or\n\t(b)\tthe admission of a person to a school, college or institution (not being a tertiary level school, college or institution) if the level of education or training sought by the person is provided only for students of the one sex; or\n\t(c)\tthe provision at a school, college, university or institution of boarding facilities for students of the one sex.\n38—Discrimination by person disposing of an interest in land\n\t(1)\tIt is unlawful for a person to discriminate against another on the ground of sex, sexual orientation, gender identity or intersex status—\n\t(2)\tThis section does not apply to the disposal of an interest in land by way of, or pursuant to, a testamentary disposition or gift.\n39—Discrimination in provision of goods and services\n(whether for payment or not) to discriminate against another on the ground of sex, sexual orientation, gender identity or intersex status—\n\t(2)\tIf the nature of a skill varies according to whether it is exercised in relation to men or to women, a person does not contravene this section by exercising the skill in relation to men only, or women only, in accordance with the person's normal practice.\n40—Discrimination in relation to accommodation\n\t(1)\tIt is unlawful for a person to discriminate against another on the ground of sex, sexual orientation, gender identity or intersex status—\n\t(c)\tby deferring such an application or according the applicant a lower order of precedence on a list of applicants for that accommodation.\n\t(2)\tIt is unlawful for a person to discriminate against a person for whom accommodation has been provided on the ground of sex, sexual orientation, gender identity or intersex status—\n\t(3)\tThis section does not apply to discrimination in relation to the provision of accommodation if the person who provides, or proposes to provide, the accommodation, or a near relative of that person, resides, and intends to continue to reside, in the same household as the person requiring the accommodation.\n\t(4)\tThis section does not apply to discrimination on the ground of sex in relation to the provision of accommodation by an organisation that does not seek to secure a pecuniary profit for its members, if the accommodation is provided only for persons of the one sex.\n","sortOrder":4},{"sectionNumber":"Div 7","sectionType":"division","heading":"General exemptions from Part 3","content":"Division 7—General exemptions from Part 3\n45—Charities\n\t(a)\taffect a provision in a charitable instrument for conferring benefits wholly or mainly on—\n\t(i)\tpersons of the one sex; or\n\t(ia)\tpersons of a particular gender identity; or\n\t(ii)\tpersons of a particular sexual orientation; or\n\t(iii)\tpersons of intersex status; or\n47—Measures intended to achieve equality\nThis Part does not render unlawful an act done for the purpose of carrying out a scheme or undertaking intended to ensure that persons of a particular sex, sexual orientation, gender identity or intersex status, have equal opportunities with, respectively, all other persons, in circumstances to which this Part applies.\n48—Sport\nThis Part does not render unlawful the exclusion of persons from participation in a competitive sporting activity on the ground of sex in the following circumstances:\n\t(a)\tif the sporting activity is one in which the strength, stamina or physique of the competitor is relevant to the outcome of the competition;\n\t(b)\tif the exclusion is genuinely intended to facilitate or increase the participation of persons, or a class of persons, of a particular sex in the sporting activity and—\n\t(i)\tit is unlikely that those persons will participate, or that there will be an increase in participation by those persons, in the sporting activity if the exclusion is not made (having regard to all of the circumstances of the persons or class of persons); and\n\t(ii)\tthere are reasonable opportunities for excluded persons to participate in the sporting activity in another competition;\n\t(c)\tif—\n\t(i)\tthe exclusion is reasonably required to enable participants in the sporting activity to advance to competitions at a level higher than that in which the exclusion is to occur (being a requirement that is due to the structure of, or restrictions in, the higher level competitions); and\n\t(ii)\tthere are reasonable opportunities for excluded persons to participate in the sporting activity in another competition;\n\t(d)\tin such other circumstances as may be prescribed by the regulations.\n49—Insurance etc\nThis Part does not render unlawful discrimination on the ground of sex in the terms on which an annuity, life assurance, accident insurance or other form of insurance is offered or may be obtained, if the discrimination—\n\t(a)\tis based on actuarial or statistical data from a source on which it is reasonable to rely; and\n\t(b)\tis reasonable having regard to that data.\n50—Religious bodies\n\t(1)\tThis Part does not render unlawful discrimination in relation to—\n\t(a)\tthe ordination or appointment of priests, ministers of religion or members of a religious order; or\n\t(b)\tthe training or education of persons seeking ordination or appointment as priests, ministers of religion or members of a religious order; or\n\t(ba)\tthe administration of a body established for religious purposes in accordance with the precepts of that religion; or\n\t(c)\tany other practice of a body established for religious purposes that conforms with the precepts of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.\n","sortOrder":5},{"sectionNumber":"Part 4","sectionType":"part","heading":"Prohibition of discrimination on ground of race","content":"Part 4—Prohibition of discrimination on ground of race\nDivision 1—Discrimination to which Part 4 applies\n51—Criteria for establishing discrimination on ground of race\nFor the purposes of this Act, a person discriminates on the ground of race—\n\t(a)\tif he or she treats another unfavourably by reason of the other's race; or\n\t(b)\tif he or she treats another person unfavourably because the other does not comply, or is not able to comply, with a particular requirement and—\n\t(i)\tthe nature of the requirement is such that a substantially higher proportion of persons of a different race complies, or is able to comply, with the requirement than of those of the other's race; and\n\t(c)\tif he or she treats another unfavourably on the basis of a characteristic that appertains generally to persons of the other's race, or on the basis of a presumed characteristic that is generally imputed to persons of that race; or\n\t(d)\tif he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs.\n52—Discrimination against applicants and employees\n\t(1)\tIt is unlawful for an employer to discriminate against a person on the ground of race—\n\t(2)\tIt is unlawful for an employer to discriminate against an employee on the ground of race—\n\t(b)\tby denying or limiting access to opportunities for promotion, transfer or training, or to other benefits connected with employment; or\n\t(d)\tby segregating the employee from persons of other races; or\n\t(e)\tby subjecting the employee to other detriment.\n53—Discrimination against agents and independent contractors\n\t(2)\tIt is unlawful for the principal to discriminate against a person on the ground of race—\n\t(3)\tIt is unlawful for the principal to discriminate against an agent or independent contractor on the ground of race—\n\t(b)\tby denying or limiting access to opportunities for promotion, transfer or training or other benefits connected with the agent's or independent contractor's position; or\n54—Discrimination against contract workers\n\t(1)\tThis section applies to a principal for whom work is done by persons (contract workers) under a contract between the principal and another where the contract workers are employed or engaged by a person other than the principal.\n\t(2)\tIt is unlawful for a principal to enter into a contract or arrangement with another for work to be performed by contract workers under which a person is to discriminate against a contract worker on the ground of race.\n\t(3)\tIt is unlawful for the principal to discriminate against a contract worker on the ground of race—\n55—Discrimination within partnerships\n\t(1)\tIt is unlawful for a firm, or a person promoting the formation of a firm, to discriminate against a person on the ground of race—\n\t(2)\tIt is unlawful for a firm to discriminate against a partner on the ground of race—\n56—Exemptions\n\t(b)\ta principal engaging a natural person as an independent contractor for purposes not connected with a business carried on by the principal.\n\t(2)\tThis Division does not apply to discrimination on the ground of race in relation to employment or engagement for which it is a genuine occupational requirement that a person be of a particular race.\n57—Discrimination by associations on ground of race\n\t(a)\tagainst an applicant for membership on the ground of race—\n\t(i)\tby refusing or failing to admit the applicant to membership, or to a particular class of membership, of the association; or\n\t(ii)\tin the terms on which the applicant is, or may be, admitted to membership, or to a particular class of membership; or\n\t(b)\tagainst a member of the association on the ground of race—\n\t(2)\tThis section does not apply to a club established principally for the purpose of promoting social intercourse between the members of a particular racial or ethnic group.\n58—Discrimination by qualifying bodies\n\t(1)\tIt is unlawful for an authority or body empowered to confer an authorisation or qualification that is needed for, or facilitates, the practice of a profession, or the carrying on or engaging in of a trade or occupation, to discriminate against a person on the ground of race—\n\t(2)\tWithout limiting the generality of subsection (1), an authority or body discriminates against a person on the ground of race if the authority or body—\n\t(a)\tfails to take reasonable steps to inform itself sufficiently on the adequacy or appropriateness of qualifications or experience gained outside of Australia by the person; and\n\t(b)\tin consequence of that failure, refuses to confer on the person an authorisation or qualification for which the person has applied.\n59—Discrimination by educational authorities\n\t(1)\tIt is unlawful for an educational authority to discriminate against a person on the ground of race—\n\t(2)\tIt is unlawful for an educational authority to discriminate against a student on the ground of race—\n60—Discrimination by person disposing of an interest in land\n\t(1)\tIt is unlawful for a person to discriminate against another on the ground of race—\n\t(2)\tThis section does not apply to the disposal of an interest in land by way of, or pursuant to, a testamentary disposition or gift.\n61—Discrimination in provision of goods and services\nIt is unlawful for a person who offers or provides—\n(whether for payment or not) to discriminate against another on the ground of race—\n62—Discrimination in relation to accommodation\n\t(1)\tIt is unlawful for a person to discriminate against another on the ground of race—\n\t(c)\tby deferring such an application or according the applicant a lower order of precedence on a list of applicants for that accommodation.\n\t(2)\tIt is unlawful for a person to discriminate against a person for whom accommodation has been provided on the ground of race—\n\t(2a)\tThis section does not apply to discrimination in relation to the provision of accommodation if the person who provides, or proposes to provide, the accommodation, or a near relative of that person, resides, and intends to continue to reside, in the same household as the person requiring the accommodation.\n63—Superannuation schemes and provident funds\n\t(1)\tIt is unlawful for a person who provides a superannuation scheme or provident fund to discriminate against a person on the ground of race—\n\t(a)\tby providing a scheme or fund that discriminates or, if the other person were to become a member of the scheme or fund, would discriminate, or require or authorise discrimination, against the other person; or\n\t(b)\tin the manner in which the scheme or fund is administered.\n\t(2)\tSubject to any order of the Tribunal or a court in proceedings under this Act, nothing in this section has the effect of rendering a superannuation scheme or provident fund, or a provision of such a scheme or fund, void.\nDivision 7—General exemptions from Part 4\n64—Charities\n\t(a)\taffect a provision in a charitable instrument for conferring benefits wholly or mainly on persons of a particular race; or\n65—Act does not apply to projects for benefit of persons of a particular race\nThis Part does not render unlawful an act done for the purpose of carrying out a scheme or undertaking for the benefit of persons of a particular race.\n","sortOrder":6},{"sectionNumber":"Part 5","sectionType":"part","heading":"Prohibition of discrimination on ground of disability","content":"Part 5—Prohibition of discrimination on ground of disability\nDivision 1—Discrimination to which Part 5 applies\n66—Criteria for establishing discrimination on ground of disability\nFor the purposes of this Act, a person discriminates on the ground of disability—\n\t(a)\tif he or she treats another unfavourably because of the other's disability, or a past disability or a disability that may exist in the future; or\n\t(b)\tif he or she treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and—\n\t(i)\tthe nature of the requirement is such that a substantially higher proportion of persons who do not have such a disability complies, or is able to comply, with the requirement than of those persons who have such a disability; and\n\t(c)\tif he or she treats another unfavourably on the basis of a characteristic that appertains generally to persons who have such a disability, or on the basis of a presumed characteristic that is generally imputed to persons who have such a disability; or\n\t(ca)\tif he or she—\n\t(i)\tfails to provide a safe and proper means of access to, or use of, a place or facilities for a person who requires special means of access to, or use of, the place or facilities as a consequence of the person's disability; or\n\t(ii)\ttreats another unfavourably because the other requires special means of access to, or use of, a place or facilities as a consequence of the other's disability,\nto the extent that he or she is able to effect the provision of access or use; or\n\t(d)\tif, in circumstances where it is unreasonable to do so—\n\t(i)\the or she fails to provide special assistance or equipment required by a person in consequence of the person's disability; or\n\t(ii)\the or she treats another unfavourably because the other requires special assistance or equipment as a consequence of the other's disability; or\n\t(e)\tif he or she treats a person with a disability unfavourably because the person possesses, or is accompanied by, an assistance animal, or because of a related matter (whether or not it is his or her normal practice to treat unfavourably a person who possesses, or is accompanied by, an animal of the same species as the assistance animal); or\n\t(f)\tif he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs.\n67—Discrimination against applicants and employees\n\t(1)\tIt is unlawful for an employer to discriminate against a person on the ground of disability—\n\t(2)\tIt is unlawful for an employer to discriminate against an employee on the ground of disability—\n\t(b)\tby denying or limiting access to opportunities for promotion, transfer or training, or to other benefits connected with employment; or\n68—Discrimination against agents and independent contractors\n\t(2)\tIt is unlawful for the principal to discriminate against a person on the ground of disability—\n\t(3)\tIt is unlawful for the principal to discriminate against an agent or independent contractor on the ground of disability—\n\t(b)\tby denying or limiting access to opportunities for promotion, transfer or training or other benefits connected with the agent's or independent contractor's position; or\n69—Discrimination against contract workers\n\t(1)\tThis section applies to a principal for whom work is done by persons (contract workers) under a contract between the principal and another where the contract workers are employed or engaged by a person other than the principal.\n\t(2)\tIt is unlawful for a principal to enter into a contract or arrangement with another for work to be performed by contract workers under which a person is to discriminate against a contract worker on the ground of disability.\n\t(3)\tIt is unlawful for the principal to discriminate against a contract worker on the ground of disability—\n70—Discrimination within partnerships\n\t(1)\tIt is unlawful for a firm, or a person promoting the formation of a firm, to discriminate against a person on the ground of disability—\n\t(2)\tIt is unlawful for a firm to discriminate against a partner on the ground of disability—\n71—Exemptions\n\t(b)\ta principal engaging a natural person as an independent contractor for purposes not connected with a business carried on by the principal.\n\t(2)\tThis Division does not apply to discrimination on the ground of disability in relation to employment or engagement if the person suffering from the disability is not, or would not be, able—\n\t(a)\tto perform adequately, and without endangering himself or herself or other persons, the work genuinely and reasonably required for the employment or position in question; or\n\t(b)\tto respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question.\n72—Discrimination by associations\n\t(a)\tagainst an applicant for membership on the ground of disability—\n\t(i)\tby refusing or failing to admit the applicant to membership, or to a particular class of membership, of the association; or\n\t(ii)\tin the terms on which the applicant is, or may be, admitted to membership, or to a particular class of membership; or\n\t(b)\tagainst a member of the association on the ground of disability—\n73—Discrimination by qualifying bodies\n\t(1)\tIt is unlawful for an authority or body empowered to confer an authorisation or qualification that is needed for, or facilitates, the practice of a profession, or the carrying on or engaging in of a trade or occupation, to discriminate against a person on the ground of disability—\n\t(2)\tThis section does not apply to discrimination against a person on the ground of disability where, in consequence of that disability, the person is not, or would not be, able to practise the profession, or carry on or engage in the trade or occupation, adequately or safely.\n74—Discrimination by educational authorities\n\t(1)\tIt is unlawful for an educational authority to discriminate against a person on the ground of disability—\n\t(2)\tIt is unlawful for an educational authority to discriminate against a student on the ground of disability—\n\t(3)\tThis section does not apply to discrimination on the ground of disability in respect of admission to a school, college or institution established wholly or mainly for students who have a particular disability.\n75—Discrimination by person disposing of interest in land\n\t(1)\tIt is unlawful for a person to discriminate against another on the ground of disability—\n\t(2)\tThis section does not apply to the disposal of an interest in land by way of, or pursuant to, a testamentary disposition or gift.\n76—Discrimination in provision of goods and services\n(whether for payment or not) to discriminate against another on the ground of disability—\n\t(1a)\tFor the purposes of the application of subsection (1) to services comprised of access to or use of a place or facilities that members of the public are permitted to enter or use (see paragraph (a) of the definition of services to which this Act applies), the owner of the place or facilities and the occupier of the place or the place where the facilities are provided will each be taken to offer or provide the services.\n\t(2)\tIf the nature of a skill varies according to whether it is exercised in relation to persons who have a particular disability or to those who do not have such a disability, a person does not contravene subsection (1) by exercising the skill in relation to only those persons who have a particular disability, or only those who do not have such a disability, in accordance with the person's normal practice.\n\t(3)\tThis section does not apply to discrimination against a person on the ground of disability in relation to the performance of a service if, in consequence of the disability, that person requires the service to be performed in a special manner and the person performing the service—\n\t(a)\tcannot reasonably be expected to perform the service in that manner; or\n\t(b)\tcannot reasonably be expected to perform the service in that manner except on more onerous terms than would otherwise apply.\n77—Discrimination in relation to accommodation\n\t(1)\tIt is unlawful for a person to discriminate against another on the ground of disability—\n\t(a)\tin terms or conditions on which accommodation is offered; or\n\t(c)\tby deferring such an application or according the applicant a lower order of precedence on a list of applicants for that accommodation.\n\t(2)\tIt is unlawful for a person to discriminate against a person for whom accommodation has been provided on the ground of disability—\n\t(d)\tby subjecting the person to detriment.\n\t(2a)\tThis section does not apply to discrimination in relation to the provision of accommodation if the person who provides, or proposes to provide, the accommodation, or a near relative of that person, resides, and intends to continue to reside, in the same household as the person requiring the accommodation.\n78—Discrimination in relation to superannuation\n\t(1)\tSubject to subsection (2), it is unlawful for a person who provides a superannuation scheme or provident fund to discriminate against a person on the ground of disability—\n\t(a)\tby providing a scheme or fund that discriminates or, if the other person were to become a member of the scheme or fund, would discriminate, or require or authorise discrimination, against the other person; or\n\t(b)\tin the manner in which the scheme or fund is administered,\nexcept to the extent that—\n\t(c)\tthe discrimination—\n\t(i)\tis based on actuarial or statistical data from a source on which it is reasonable to rely; and\n\t(ii)\tis reasonable having regard to the data and other relevant factors; or\n\t(d)\tif no such actuarial or statistical data is available, the discrimination is reasonable having regard to other relevant factors.\n\t(2)\tSubsection (1) does not apply in relation to a superannuation scheme or provident fund provided for employees—\n\t(a)\tto which the employer makes contributions; and\n\t(b)\tunder which a greater number of the members (not including members who are no longer employed by an employer who participates in the scheme or fund) reside in any one other State or Territory than reside in this State.\n\t(3)\tSubject to any order of the Tribunal or a court in proceedings under this Act, nothing in this section has the effect of rendering a superannuation scheme or provident fund, or a provision of such a scheme or fund, void.\nDivision 7—General exemptions from Part 5\n79—Exemption in relation to remuneration\nThis Part does not render unlawful discriminatory rates of salary, wages or other remuneration payable to persons who have disabilities.\n79A—Exemption in relation to infectious diseases\nThis Part does not render unlawful a discriminatory act if the act—\n\t(a)\tis directed towards ensuring that an infectious disease is not spread; and\n\t(b)\tis reasonable in all the circumstances.\n80—Exemption for charities\n\t(a)\taffect a provision in a charitable instrument for conferring benefits wholly or mainly on persons who have a particular disability; or\n81—Exemption in relation to sporting activities\nThis Part does not render unlawful the exclusion of a person who has a disability from participation in a sporting activity—\n\t(a)\tif the activity requires physical or intellectual attributes that the person does not possess; or\n\t(b)\tif, in the case of a sporting activity conducted wholly or mainly for persons who have a particular disability, the person's disability is not of that kind.\n82—Exemption for projects for benefit of persons with particular disability\nThis Part does not render unlawful an act done for the purpose of carrying out a scheme or undertaking for the benefit of persons who have a particular disability.\n84—Exemption for unjustifiable hardship\n\t(1)\tThis Part does not render unlawful discrimination by a person on the ground of disability in relation to the provision of access to or use of a place or facilities if the provision of access or use would impose unjustifiable hardship on the person.\n\t(2)\tIn determining what constitutes unjustifiable hardship, all relevant circumstances of the particular case are to be taken into account including—\n\t(a)\tthe nature of the benefit or detriment likely to accrue or be suffered by the persons concerned; and\n\t(b)\tthe effect of the disability of the person concerned; and\n\t(c)\tthe financial circumstances and the estimated amount of expenditure required to be made by the person claiming unjustifiable hardship.\n85—Exemption in relation to insurance\nThis Part does not render unlawful discrimination on the ground of disability in the terms on which an annuity, life assurance, accident insurance or other form of insurance is offered or may be obtained, if—\n\t(a)\tthe discrimination—\n\t(i)\tis based on actuarial or statistical data from a source on which it is reasonable to rely; and\n\t(ii)\tis reasonable having regard to that data and other relevant factors; or\n\t(b)\tif no such actuarial or statistical data is available, the discrimination is reasonable having regard to other relevant factors.\n","sortOrder":7},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Prohibition of discrimination on ground of age","content":"Part 5A—Prohibition of discrimination on ground of age\nDivision 1—Discrimination to which Part 5A applies\n85A—Criteria for establishing discrimination on ground of age\nFor the purposes of this Act, a person discriminates on the ground of age—\n\t(a)\tif he or she treats another unfavourably because of the other's age; or\n\t(b)\tif he or she treats another person unfavourably because the other does not comply, or is not able to comply, with a particular requirement and—\n\t(i)\tthe nature of the requirement is such that a substantially higher proportion of persons of a different age or age group complies, or is able to comply, with the requirement than of those of the other's age or age group; and\n\t(c)\tif he or she treats another unfavourably on the basis of a characteristic that appertains generally to persons of the other's age or age group, or on the basis of a presumed characteristic that is generally imputed to persons of that age or age group; or\n\t(d)\tif he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs.\n85B—Discrimination against applicants and employees\n\t(1)\tIt is unlawful for an employer to discriminate against a person on the ground of age—\n\t(2)\tIt is unlawful for an employer to discriminate against an employee on the ground of age—\n\t(b)\tby denying or limiting access to opportunities for promotion, transfer or training, or to other benefits connected with employment; or\n85C—Discrimination against agents and independent contractors\n\t(2)\tIt is unlawful for the principal to discriminate against a person on the ground of age—\n\t(3)\tIt is unlawful for the principal to discriminate against an agent or independent contractor on the ground of age—\n\t(b)\tby denying or limiting access to opportunities for promotion, transfer or training or other benefits connected with the agent's or independent contractor's position; or\n85D—Discrimination against contract workers\n\t(1)\tThis section applies to a principal for whom work is done by persons (contract workers) under a contract between the principal and another where the contract workers are employed or engaged by a person other than the principal.\n\t(2)\tIt is unlawful for a principal to enter into a contract or arrangement with another for work to be performed by contract workers under which a person is to discriminate against a contract worker on the ground of age.\n\t(3)\tIt is unlawful for the principal to discriminate against a contract worker on the ground of age—\n85E—Discrimination within partnerships\n\t(1)\tIt is unlawful for a firm, or a person promoting the formation of a firm, to discriminate against a person on the ground of age—\n\t(2)\tIt is unlawful for a firm to discriminate against a partner on the ground of age—\n85EA—No compulsory retiring age\nDespite any Act or law to the contrary, a provision in an industrial or enterprise award, determination or agreement made or approved under the Fair Work Act 1994 that—\n\t(a)\timposes, or requires or authorises an employer to impose, a compulsory retiring age in respect of employment of any kind; or\n\t(b)\trequires or authorises an employer to terminate the employment of a person on the basis of the person's age,\nis void and of no effect.\n85F—Exemptions\n\t(b)\ta principal engaging a natural person as an independent contractor for purposes not connected with a business carried on by the principal.\n\t(2)\tThis Division does not apply to discrimination on the ground of age in relation to employment or engagement for which there is a genuine occupational requirement that a person be of a particular age, or age group.\n\t(3)\tThis Division does not apply to discrimination on the ground of age in relation to the employment or engagement of a person if the person is not, or would not be, able—\n\t(a)\tto perform adequately, and without endangering himself or herself or other persons, the work genuinely and reasonably required for the employment or position in question; or\n\t(b)\tto respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question.\n\t(4)\tThis Division does not render unlawful—\n\t(a)\tacts done in order to comply with the provisions of—\n\t(i)\tan award or enterprise agreement under the Fair Work Act 1994; or\n\t(ii)\ta fair work instrument under the Fair Work Act 2009 of the Commonwealth; or\n\t(iii)\tan award or determination given continuing effect under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; or\n\t(b)\ta decision to offer employment only to a young person, or the employment of a young person, where the rate of pay for that employment is a rate less than that applicable to an adult, fixed by or in accordance with the provisions of—\n\t(i)\tan award or enterprise agreement under the Fair Work Act 1994; or\n\t(ii)\ta fair work instrument under the Fair Work Act 2009 of the Commonwealth; or\n\t(iii)\tan award or determination given continuing effect under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth.\n85G—Discrimination by associations on ground of age\n\t(a)\tagainst an applicant for membership on the ground of age—\n\t(i)\tby refusing or failing to admit the applicant to membership, or to a particular class of membership, of the association; or\n\t(ii)\tin the terms on which the applicant is, or may be, admitted to membership, or a particular class of membership; or\n\t(b)\tagainst a member of the association on the ground of age—\n\t(2)\tSubsection (1)(a) does not apply to discrimination on the ground of age if the association has, on a genuine and reasonable basis, established different classes of membership for persons of different ages, or age groups.\n\t(3)\tSubsection (1)(b)(i) and (ii) do not apply to discrimination on the ground of age if it is reasonable that the association discriminate in relation to the provision of a particular service or benefit to members of a particular age, or age group.\n\t(4)\tThis section does not apply to an association established wholly or mainly for—\n\t(a)\tthe promotion of the interests of persons of a particular age group; or\n\t(b)\tthe organisation or provision of services for persons of a particular age group; or\n\t(c)\tthe organisation or provision of activities for persons of a particular age group.\n85H—Discrimination by qualifying bodies\n\t(1)\tIt is unlawful for an authority or body empowered to confer an authorisation or qualification that is needed for, or facilitates, the practice of a profession, or the carrying on or engaging in of a trade or occupation, to discriminate against a person on the ground of age—\n\t(b)\tby withdrawing the authorisation or qualification.\n\t(2)\tThis section does not apply to discrimination on the ground of age—\n\t(a)\tby or on account of the imposition of a reasonable and appropriate minimum age under which an authorisation or qualification will not be conferred; or\n\t(b)\tin respect of the terms or conditions on which an authority or body confers or renews an authorisation or qualification.\n\t(3)\tThis section does not apply to discrimination against a person on the ground of age where, in consequence of his or her age, the person is not, or would not be, able to practise the profession, or carry on or engage in the trade or occupation, adequately or safely.\n85I—Discrimination by educational authorities\n\t(1)\tIt is unlawful for an educational authority to discriminate against a person on the ground of age—\n\t(2)\tIt is unlawful for an educational authority to discriminate against a student on the ground of age—\n\t(a)\tin the terms or conditions on which it provides the student with training or education; or\n\t(3)\tThis section does not apply to discrimination on the ground of age in respect of the admission of a person to a school, college or institution if the level of education or training sought by the person is provided only for students above a particular age.\n85J—Discrimination by person disposing of an interest in land\nIt is unlawful for a person to discriminate against another on the ground of age—\n85K—Discrimination in provision of goods and services\n(whether for payment or not) to discriminate against another on the ground of age—\n\t(c)\tby refusing or failing to supply the goods or to perform the services; or\n\t(d)\tin the terms or conditions on which or the manner of which the goods are supplied or the services are performed.\n\t(3)\tThis section does not apply to discrimination on the ground of age in relation to—\n\t(a)\tthe charging of a reduced fee, fare or price, or no fee, fare or price, for the benefit of a particular age group if the concession is based on genuine and reasonable grounds; or\n\t(b)\tthe terms or conditions on which—\n\t(i)\ta ticket is issued; or\n\t(ii)\tadmission is allowed to a place,\nif those terms or conditions are imposed on a genuine and reasonable basis for the benefit of a particular age group.\n85L—Discrimination in relation to accommodation\n\t(1)\tIt is unlawful for a person to discriminate against another on the ground of age—\n\t(a)\tin terms or conditions on which accommodation is offered; or\n\t(c)\tby deferring such an application or according the applicant a later order of precedence on a list of applicants for that accommodation.\n\t(3)\tIt is unlawful for a person to discriminate against a person for whom accommodation has been provided on the ground of age—\n\t(4)\tThis section does not apply to discrimination on the ground of age in relation to the provision of accommodation by an organisation that does not seek to secure a pecuniary profit for its members, if the accommodation is provided only for persons of a particular age group.\n\t(5)\tThis section does not apply—\n\t(a)\tin relation to the provision of accommodation for recreational purposes if the use of that accommodation is limited, on a genuine and reasonable basis, to persons of a particular age group; or\n\t(b)\tin relation to the provision of accommodation if the person who provides, or proposes to provide, the accommodation, or a near relative of that person, resides, and intends to continue to reside, in the same household as the person requiring the accommodation.\nDivision 6—General exemptions from Part 5A\n85M—Legal capacity of children\nNothing in this Part derogates from the operation of a law that relates to the juristic capacity of children.\n85N—Charities\n\t(a)\taffect a provision in a charitable instrument for conferring benefits wholly or mainly on persons of a particular age, or age group; or\n85O—Testamentary dispositions or gifts\nThis Part does not apply to the disposal of an interest in land or goods, or the provision of services, by way of, or pursuant to, a testamentary disposition or gift.\n85P—Projects for the benefit of persons of a particular age group\nThis Part does not render unlawful an act done for the purpose of carrying out a scheme or undertaking for the benefit of persons of a particular age or age group in order to meet a need that arises out of, or that is related to, the age or ages of those persons.\n85Q—Sport\nThis Part does not render unlawful the exclusion of persons of particular age groups from participation in a competitive sporting activity.\n85R—Insurance etc\n\t(1)\tThis Part does not render unlawful discrimination on the ground of age—\n\t(a)\tin the terms on which an annuity or life insurance is offered or may be obtained; or\n\t(b)\t—\n\t(i)\tin the terms on which a person may become a member of a superannuation scheme or provident fund; or\n\t(ii)\tin the manner in which a superannuation scheme or provident fund may be administered.\n\t(2)\tThis Part does not render unlawful discrimination on the ground of age in the terms on which accident insurance or any other form of insurance (other than life insurance) is offered or may be obtained where the discrimination—\n\t(a)\tis based on actuarial or statistical data from a source on which it is reasonable to rely; and\n\t(b)\tis reasonable having regard to the data.\n","sortOrder":8},{"sectionNumber":"Part 5B","sectionType":"part","heading":"Prohibition of discrimination on other grounds","content":"Part 5B—Prohibition of discrimination on other grounds\nDivision 1—Discrimination to which Part 5B applies\n85T—Criteria for establishing discrimination on other grounds\n\t(1)\tIn this Part—\ndiscriminate means—\n\t(a)\tdiscriminate on the ground of marital or domestic partnership status; or\n\t(b)\tdiscriminate on the ground of the identity of a spouse or domestic partner; or\n\t(c)\tdiscriminate on the ground of pregnancy; or\n\t(d)\tdiscriminate on the ground of association with a child; or\n\t(e)\tdiscriminate on the ground of caring responsibilities; or\n\t(f)\tdiscriminate on the ground of religious appearance or dress; or\n\t(g)\tdiscriminate on the ground of being, or having been, subjected to domestic abuse,\nand discrimination has a corresponding meaning.\n\t(2)\tFor the purposes of this Act, a person discriminates on the ground of marital or domestic partnership status—\n\t(a)\tif he or she treats another unfavourably because of the other's marital or domestic partnership status or past or proposed marital or domestic partnership status; or\n\t(b)\tif he or she treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and—\n\t(i)\tthe nature of the requirement is such that a substantially higher proportion of persons of a different marital or domestic partnership status comply, or are able to comply, with the requirement than of those of the other's marital or domestic partnership status; and\n\t(c)\tif he or she treats another unfavourably on the basis of a characteristic that appertains generally to persons of that marital or domestic partnership status, or on the basis of a presumed characteristic that is generally imputed to persons of that marital or domestic partnership status; or\n\t(d)\tif he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs.\n\t(3)\tFor the purposes of this Act, a person discriminates on the ground of the identity of a spouse or domestic partner if he or she treats another unfavourably because of the identity of the other's spouse or domestic partner, or former or proposed spouse or domestic partner.\n\t(4)\tFor the purposes of this Act, a person discriminates on the ground of pregnancy—\n\t(a)\tif he or she treats a woman unfavourably because of her pregnancy or potential pregnancy; or\n\t(b)\tif he or she treats a pregnant woman unfavourably because she does not comply, or is not able to comply, with a particular requirement and—\n\t(i)\tthe nature of the requirement is such that a substantially higher proportion of women who are not pregnant comply, or are able to comply, with the requirement than of those who are pregnant; and\n\t(c)\tif he or she treats a pregnant woman unfavourably on the basis of a characteristic that appertains generally to pregnant women, or on the basis of a presumed characteristic that is generally imputed to pregnant women; or\n\t(d)\tif he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs.\n\t(5)\tFor the purposes of this Act, a person discriminates on the ground of association with a child—\n\t(a)\tif he or she treats another unfavourably because the person is breast feeding or bottle feeding an infant, or proposes to do so, or is, or proposes to be, accompanied by a child; or\n\t(b)\tif he or she treats another unfavourably because a relative or associate of the other is breast feeding or bottle feeding an infant, or proposes to do so, or is, or proposes to be, accompanied by a child.\n\t(6)\tFor the purposes of this Act, a person discriminates on the ground of caring responsibilities—\n\t(a)\tif he or she treats another unfavourably because of the other's caring responsibilities or proposed caring responsibilities; or\n\t(b)\tif he or she treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and—\n\t(i)\tthe nature of the requirement is such that a substantially higher proportion of persons without caring responsibilities comply, or are able to comply, with the requirement than of those with caring responsibilities; and\n\t(c)\tif he or she treats another unfavourably on the basis of a characteristic that appertains generally to persons with caring responsibilities, or on the basis of a presumed characteristic that is generally imputed to persons with caring responsibilities; or\n\t(d)\tif he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs.\n\t(7)\tFor the purposes of this Act, a person discriminates on the ground of religious appearance or dress—\n\t(a)\tif he or she treats another unfavourably because of the other's appearance or dress and that appearance or dress is required by, or symbolic of, the other's religious beliefs; or\n\t(b)\tif he or she requires a person to alter the person's appearance or dress and that appearance or dress is required by, or symbolic of, the other's religious beliefs; or\n\t(c)\tif he or she treats another unfavourably because of the appearance or dress of a relative or associate of the other and that appearance or dress is required by, or symbolic of, the relative or associate's religious beliefs.\n\t(8)\tFor the purposes of this Act, a person discriminates on the ground of being, or having been, subjected to domestic abuse—\n\t(a)\tif the person treats another unfavourably because the other is, or has been, subjected to domestic abuse; or\n\t(b)\tif the person treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and—\n\t(i)\tthe nature of the requirement is such that a substantially higher proportion of persons who are not, or who have not been, subjected to domestic abuse comply, or are able to comply, with the requirement than those who are, or who have been, subjected to domestic abuse; and\n\t(c)\tif the person treats another unfavourably on the basis of a characteristic that appertains generally to persons who are, or who have been, subjected to domestic abuse, or on the basis of a presumed characteristic that is generally imputed to persons who are, or who have been, subjected to domestic abuse; or\n\t(d)\tif the person treats another (not being the perpetrator of domestic abuse) unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs.\n85U—Application of Division\nThis Division applies to discrimination on the ground of marital or domestic partnership status, identity of spouse or domestic partner, pregnancy, caring responsibilities, religious appearance or dress or being, or having been, subjected to domestic abuse.\n85V—Discrimination against applicants and employees \n\t(1)\tIt is unlawful for an employer to discriminate against a person—\n\t(2)\tIt is unlawful for an employer to discriminate against an employee—\n\t(b)\tby denying or limiting access to opportunities for promotion, transfer or training, or to other benefits connected with employment; or\n85W—Discrimination against agents and independent contractors\n\t(2)\tIt is unlawful for the principal to discriminate against a person—\n\t(3)\tIt is unlawful for the principal to discriminate against an agent or independent contractor—\n\t(b)\tby denying or limiting access to opportunities for promotion, transfer or training or other benefits connected with the agent's or independent contractor's position; or\n85X—Discrimination against contract workers\n\t(1)\tThis section applies to a principal for whom work is done by persons (contract workers) under a contract between the principal and another where the contract workers are employed or engaged by a person other than the principal.\n\t(2)\tIt is unlawful for a principal to enter into a contract or arrangement with another for work to be performed by contract workers under which a person is to discriminate against a contract worker.\n\t(3)\tIt is unlawful for the principal to discriminate against a contract worker—\n85Y—Discrimination within partnerships\n\t(1)\tIt is unlawful for a firm, or a person promoting the formation of a firm, to discriminate against a person—\n\t(2)\tIt is unlawful for a firm to discriminate against a partner—\n85Z—Exemptions\n\t(b)\ta principal engaging a natural person as an independent contractor for purposes not connected with a business carried on by the principal.\n\t(2)\tThis Division does not apply to discrimination against same sex domestic partners on the ground of marital or domestic partnership status in relation to employment or engagement for the purposes of an educational institution administered in accordance with the precepts of a particular religion if Part 3 Division 2 does not apply in relation to discrimination on the ground of sexual orientation in relation to the employment or engagement (see section 34(3)).\n\t(3)\tThis Division does not apply to discrimination against a pregnant woman on the ground of pregnancy if—\n\t(a)\tthe discrimination is based on the fact that the woman is not, or would not be, able—\n\t(i)\tto perform adequately, and without endangering herself, the unborn child or other persons, the work genuinely and reasonably required of her; or\n\t(ii)\tto respond adequately to situations of emergency that should reasonably be anticipated in connection with her duties; and\n\t(b)\tin the case of discrimination arising out of dismissal from employment—\n\t(i)\tthere is no other work that the employer could reasonably be expected to offer the woman; and\n\t(ii)\tthe woman has been offered leave for the period that would result in her being unable—\n\t(A)\tto perform adequately, and without endangering herself, the unborn child or other persons, the work genuinely and reasonably required of her; or\n\t(B)\tto respond adequately to situations of emergency that should reasonably be anticipated in connection with her duties,\nand the woman has declined to take the leave.\n\t(4)\tThis Division does not apply to discrimination on the ground of religious appearance or dress if, by reason of the person's appearance or dress, the person is not, or would not be, able—\n\t(a)\tto perform adequately, and without endangering himself or herself or other persons, the work genuinely and reasonably required for the employment or position in question; or\n\t(b)\tto respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question.\n\t(5)\tThis Division does not apply to discrimination on the ground of religious appearance or dress in relation to employment or engagement if the discrimination is for the purposes of enforcing a standard of appearance or dress reasonably required for the employment or engagement.\n85ZA—Application of Division\nThis Division applies to discrimination on the ground of marital or domestic partnership status, identity of spouse or domestic partner, pregnancy, caring responsibilities or being, or having been, subjected to domestic abuse.\n85ZB—Discrimination by associations\n\t(a)\tagainst an applicant for membership—\n\t(i)\tby refusing or failing to admit the applicant to membership, or to a particular class of membership, of the association; or\n\t(ii)\tin the terms on which the applicant is, or may be, admitted to membership, or to a particular class of membership; or\n\t(b)\tagainst a member of the association—\n\t(2)\tThis section does not render unlawful an association established—\n\t(a)\tfor persons of a particular marital or domestic partnership status; or\n\t(b)\tfor spouses or domestic partners of a particular class; or\n\t(c)\tfor persons with caring responsibilities or particular caring responsibilities; or\n\t(d)\tfor persons who are, or who have been, subjected to domestic abuse or domestic abuse of a particular kind,\nand, consequently, such an association may discriminate against an applicant for membership so as to exclude from membership persons other than those for whom the association is established.\n\t(3)\tThis section does not apply to discrimination against same sex domestic partners on the ground of marital or domestic partnership status if the association is administered in accordance with the precepts of a particular religion and the discrimination is founded on the precepts of that religion.\n85ZC—Discrimination by qualifying bodies\nIt is unlawful for an authority or body empowered to confer an authorisation or qualification that is needed for, or facilitates, the practice of a profession, or the carrying on or engaging in of a trade or occupation, to discriminate against a person—\n85ZD—Application of Division\nThis Division applies to discrimination on the ground of marital or domestic partnership status, identity of spouse or domestic partner, pregnancy, caring responsibilities, religious appearance or dress or being, or having been, subjected to domestic abuse.\n85ZE—Discrimination by educational authorities\n\t(1)\tIt is unlawful for an educational authority to discriminate against a person—\n\t(2)\tIt is unlawful for an educational authority to discriminate against a student—\n\t(3)\tThis section does not apply to discrimination against a pregnant woman on the ground of pregnancy in respect of participation in a particular activity or admission as a student to a course requiring participation in a particular activity if the woman is not, or would not be, able—\n\t(a)\tto perform adequately, and without endangering herself, the unborn child or other persons, the activity; or\n\t(b)\tto respond adequately to situations of emergency that should reasonably be anticipated in connection with the activity.\n\t(4)\tThis section does not apply to discrimination on the ground of religious appearance or dress in respect of participation in a particular activity if, by reason of the person's appearance or dress, the person is not, or would not be, able—\n\t(a)\tto perform adequately, and without endangering himself or herself or other persons, the activity; or\n\t(b)\tto respond adequately to situations of emergency that should reasonably be anticipated in connection with the activity.\n\t(5)\tThis section does not render unlawful an act of discrimination by an educational authority administered in accordance with the precepts of a particular religion against a student or potential student because the student or potential student appears or dresses, or wishes to appear or dress, in a manner required by, or symbolic of, a different religion.\n85ZF—Discrimination by person disposing of interest in land\n\t(1)\tThis section applies to discrimination on the ground of marital or domestic partnership status, identity of spouse or domestic partner, pregnancy, caring responsibilities or being, or having been, subjected to domestic abuse.\n\t(2)\tIt is unlawful for a person to discriminate against another—\n\t(3)\tThis section does not apply to the disposal of an interest in land by way of, or under, a testamentary disposition or gift.\n85ZG—Discrimination in provision of goods and services\n\t(1)\tThis section applies to discrimination on the ground of marital or domestic partnership status, identity of spouse or domestic partner, pregnancy, association with a child, caring responsibilities or being, or having been, subjected to domestic abuse.\n\t(2)\tIt is unlawful for a person who offers or provides—\n(whether for payment or not) to discriminate against another—\n85ZH—Discrimination in relation to accommodation\n\t(1)\tThis section applies to discrimination on the ground of marital or domestic partnership status, identity of spouse or domestic partner, pregnancy, caring responsibilities or being, or having been, subjected to domestic abuse.\n\t(2)\tIt is unlawful for a person to discriminate against another—\n\t(c)\tby deferring such an application or according the applicant a lower order of precedence on a list of applicants for that accommodation.\n\t(3)\tIt is unlawful for a person to discriminate against a person for whom accommodation has been provided—\n\t(4)\tThis section does not apply to discrimination in relation to the provision of accommodation if the person who provides, or proposes to provide, the accommodation, or a near relative of that person, resides, and intends to continue to reside, in the same household as the person requiring the accommodation.\n\t(5)\tThis section does not apply to discrimination on the ground of marital or domestic partnership status, pregnancy or caring responsibilities in relation to the provision of accommodation by an organisation that does not seek to secure a pecuniary profit for its members, if that accommodation is provided only for persons of a particular marital or domestic partnership status, pregnant women or persons with caring responsibilities.\n\t(6)\tThis section does not apply to discrimination on the ground of being, or having been, subjected to domestic abuse in relation to the provision of accommodation by an organisation that does not seek to secure a pecuniary profit for its members, if that accommodation is provided only for persons who are, or who have been, subjected to domestic abuse or domestic abuse of a particular kind.\nDivision 6—General exemptions from Part 5B\n85ZI—Charities\n\t(a)\taffect a provision in a charitable instrument for conferring benefits wholly or mainly on—\n\t(i)\tpersons of a particular marital or domestic partnership status; or\n\t(ii)\tpregnant women; or\n\t(iii)\tspouses or domestic partners of persons of a particular class; or\n\t(iv)\tpersons with caring responsibilities or particular caring responsibilities; or\n\t(v)\tpersons who are, or who have been, subjected to domestic abuse; or\n85ZJ—Rights in connection with pregnancy\nThis Part does not render unlawful the granting to women of rights or privileges in connection with pregnancy or childbirth.\n85ZK—Measures intended to achieve equality\nThis Part does not render unlawful an act done for the purpose of carrying out a scheme or undertaking intended to ensure that persons of a particular marital or domestic partnership status, persons with caring responsibilities, or persons who are, or who have been, subjected to domestic abuse, have equal opportunities with, respectively, persons of another marital or domestic partnership status, persons without caring responsibilities, or persons who are not, or who have not been, subjected to domestic abuse, in any of the circumstances to which this Part applies.\n85ZL—Exemption relating to identity of spouse or domestic partner\nThis Part does not apply to discrimination on the ground of the identity of a spouse or domestic partner if the discrimination is, having regard to all the circumstances of the particular case, reasonably necessary to preserve confidentiality, avoid conflicts of interest or nepotism or reasonably apprehended conflicts of interest or nepotism or protect the health or safety of persons.\n85ZM—Religious bodies\nThis Part does not render unlawful discrimination on the ground of marital or domestic partnership status in relation to—\n\t(a)\tthe ordination or appointment of priests, ministers of religion or members of a religious order; or\n\t(b)\tthe training or education of persons seeking ordination or appointment as priests, ministers of religion or members of a religious order.\n85ZN—Exemption relating to religious appearance or dress\nThis Part does not apply to discrimination on the ground of religious appearance or dress if the discrimination arises as a consequence of a person refusing to reveal his or her face in circumstances in which the person has been requested to do so for the purpose of verifying the identity of the person, and the request was reasonable in the circumstances.\n85ZO—Exemption relating to domestic abuse\nThis Part does not apply to discrimination on the ground of being, or having been, subjected to domestic abuse in relation to the employment or engagement of a person to perform duties involving the care of a child at a place where the child resides.\n","sortOrder":9},{"sectionNumber":"Part 6","sectionType":"part","heading":"Other unlawful acts","content":"Part 6—Other unlawful acts\n86—Victimisation is unlawful\n\t(1)\tIt is unlawful for a person to commit an act of victimisation.\n\t(2)\tFor the purposes of this section, a person commits an act of victimisation against another person (the victim) if he or she treats the victim unfavourably on the ground that the victim has—\n\t(a)\tbrought proceedings under this Act against a person; or\n\t(b)\tgiven evidence or information in proceedings under this Act; or\n\t(c)\tmade allegations that the victim or some other person has been the subject of an act that contravenes this Act; or\n\t(d)\treasonably asserted the victim's right or the right of some other person to lodge a complaint or take other proceedings under this Act; or\n\t(e)\totherwise done anything under or by reference to this Act,\nor on the ground that he or she knows that the victim intends to do any of those things, or suspects that the victim has done, or intends to do, any of those things.\n\t(3)\tUnfavourable treatment on the ground that a person—\n\t(a)\thas made a false allegation; or\n\t(b)\thas not acted in good faith,\ndoes not constitute an act of victimisation.\n86A—Conversion practices\n\t(1)\tIt is unlawful for a person to—\n\t(a)\tprovide or deliver a conversion practice to an individual; or\n\t(b)\tarrange for a person to provide or deliver a conversion practice to an individual.\n\t(2)\tThe Commissioner's functions under section 11 relating to discrimination apply also to conversion practices.\n\t(3)\tIn this section—\nconversion practice has the same meaning as in the Conversion Practices Prohibition Act 2024.\n87—Sexual harassment\n\t(1)\tIt is unlawful for a person to subject to sexual harassment—\n\t(a)\ta person with whom he or she works; or\n\t(b)\ta person who is seeking to become a fellow worker,\nwhile in attendance at a place that is a workplace of both the persons or in circumstances where the person was, or ought reasonably to have been, aware that the other person was a fellow worker or seeking to become a fellow worker.\n\t(2)\tIt is unlawful for a person who works for an educational authority to subject a student of the educational authority, or a person applying to become a student of the educational authority, to sexual harassment while in attendance at a place in connection with the student's education or the applicant's prospective education or in circumstances where the person was, or ought reasonably to have been, aware that the person was a student, or a person applying to become a student, of the educational authority.\n\t(3)\tIt is unlawful for a student of or over 16 years of age, while in attendance at a place in connection with his or her education, to subject a person who works at the educational institution at which the student is enrolled or a fellow student to sexual harassment.\n\t(6)\tIt is unlawful for a person to subject another to sexual harassment in the course of—\n\t(a)\toffering or supplying goods to that other person; or\n\t(b)\toffering or performing services to which this Act applies for that other person; or\n\t(c)\toffering or providing accommodation to that other person.\n\t(6aa)\tIt is unlawful for a person to whom goods, services to which this Act applies or accommodation are being offered, supplied, performed or provided by another person to subject that other person to sexual harassment.\n\t(6a)\tIt is unlawful for a judicial officer to subject to sexual harassment a judicial or non-judicial officer, or a member of the staff, of a court of which the judicial officer is a member.\n\t(6b)\tSubsection (6a) does not apply in relation to anything said or done by a judicial officer in court or in chambers in the exercise, or purported exercise, of judicial powers or functions or in the discharge, or purported discharge, of judicial duties (but conduct occurring in such circumstances may be the subject of a complaint under the Judicial Conduct Commissioner Act 2015).\n\t(6c)\tIt is unlawful for a member of Parliament to subject to sexual harassment—\n\t(a)\ta member of his or her staff; or\n\t(ab)\tanother member of Parliament; or\n\t(b)\ta member of the staff of another member of Parliament; or\n\t(c)\tan officer or member of the staff of the Parliament; or\n\t(d)\tany other person who in the course of employment performs duties at Parliament House.\n\t(6d)\tSubsection (6c) does not apply in relation to anything said or done by a member of Parliament in the course of parliamentary proceedings.\n\t(6e)\tIt is unlawful for a member of a council to subject to sexual harassment—\n\t(a)\tan officer or employee of the council; or\n\t(b)\tanother member of the council.\n\t(6f)\tIt is unlawful for a member of an authority or body empowered to confer an authorisation or qualification that is needed for, or facilitates, the practice of a profession, or the carrying on or engaging in of a trade or occupation to subject an applicant for the conferral of such an authorisation or qualification to sexual harassment.\n\t(6g)\tIt is unlawful for a member of the governing body of an association to subject a member of the association, or a person applying to become a member of the association, to sexual harassment.\n\t(7)\tIf an employee reports to his or her employer specific circumstances in which the employee was subjected, in the course of his or her employment, to sexual harassment by a person other than a fellow worker, and it is reasonable in all the circumstances to expect that further sexual harassment of the employee by the same person is likely to occur, it is unlawful for the employer to fail to take reasonable steps to prevent the further sexual harassment.\n\t(8)\tIt is unlawful for an educational authority administering a secondary education institution to fail to have a written policy against sexual harassment by students that incorporates procedures for resolving complaints and is made readily available to students.\n\t(9)\tFor the purposes of this section—\n\t(a)\ta person sexually harasses another (the person harassed) if—\n\t(i)\tthe person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person harassed; or\n\t(ii)\tengages in other unwelcome conduct of a sexual nature in relation to the person harassed,\nin circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the person harassed would be offended, humiliated or intimidated; and\n\t(b)\tconduct of a sexual nature includes making a statement of a sexual nature to a person, or in the presence of a person, whether the statement is made orally or in writing; and\n\t(c)\ta person works with another if both carry out duties or perform functions, in whatever capacity and whether for payment or not, in or in relation to the same business or organisation; and\n\t(d)\ta person works for an authority if he or she carries out duties or performs functions, in whatever capacity and whether for payment or not, in or in relation to that authority; and\n\t(e)\tworkplace means a place (including a ship, aircraft or vehicle) at which a person works or attends in connection with the person's work.\n87A—Sharing accommodation with child\n\t(1)\tIt is unlawful for a person—\n\t(a)\tto refuse an application for accommodation; or\n\t(b)\tto defer such an application or accord the applicant a late order of precedence on a list of applicants for that accommodation,\non the ground that the applicant intends to share that accommodation with a child.\n\t(2)\tSubsection (1) does not apply—\n\t(a)\tin relation to the provision of accommodation for recreational purposes, if the use of that accommodation is limited, on a genuine and reasonable basis, to persons other than children or persons of a particular age group; or\n\t(b)\tin relation to the provision of accommodation, if the person who provides, or proposes to provide, the accommodation, or a near relative of that person, resides, and intends to continue to reside, in the same household as the person requiring the accommodation.\n87B—Student breast feeding infant\n\t(1)\tIt is unlawful for an educational authority to discriminate against a student by denying or limiting access to the educational services provided by the authority on the ground that the student is breast feeding an infant or proposes to do so.\n\t(2)\tThis section does not apply to discrimination in respect of a particular activity if the student is not, or would not be, able—\n\t(a)\tto perform adequately, and without endangering herself or other persons, the activity; or\n\t(b)\tto respond adequately to situations of emergency that should reasonably be anticipated in connection with the activity.\n88—Assistance animals\nSubject to this Act—\n\t(a)\tit is unlawful to impose a condition or requirement that would result in a person with a disability being separated from his or her assistance animal; and\n\t(b)\ta person who imposes such a condition or requirement is, in addition to civil liability that might be incurred under this Act, guilty of an offence.\n88A—Therapeutic animals\n\t(1)\tIt is unlawful for a person—\n\t(a)\tto refuse an application for accommodation; or\n\t(b)\tto defer such an application or accord the applicant a late order of precedence on a list of applicants for that accommodation,\non the ground that the applicant intends to keep a therapeutic animal at that accommodation.\n\t(2)\tSubsection (1)(a) does not apply if the respondent establishes that in the circumstances of the case the refusal was reasonable.\n\t(3)\tIn this section—\ntherapeutic animal means—\n\t(a)\tan animal certified by a medical practitioner as being required to assist a person as a consequence of the person's disability; or\n\t(b)\tan animal of a class prescribed by regulation,\nbut does not include an assistance animal, a dangerous dog within the meaning of the Dog and Cat Management Act 1995 or a dog of a prescribed breed within the meaning of the Dog and Cat Management Act 1995.\n89—Notification to be given of proposed discrimination based on actuarial or statistical data\nIf a person, in offering or providing insurance or a superannuation scheme or provident fund, proposes to discriminate against another person on a ground referred to in this Act on the basis of actuarial or statistical data and this Act provides that such discrimination is not unlawful, it is unlawful for the person—\n\t(a)\tto fail to notify the other person of the discrimination and of the fact that he or she may request to be given a summary of the actuarial or statistical data on which it is based; and\n\t(b)\tif such a request is made, to fail to comply with the request.\n90—Aiding unlawful acts\nIf a person causes, instructs, induces or aids another to act in contravention of this Act, both are jointly and severally liable to any criminal or civil liability arising under this Act in respect of the contravention.\n91—Civil liability of employers and principals\n\t(1)\tSubject to this section, a person is, for the purposes of this Act, vicariously liable for a discriminatory or unlawful act of an agent or employee of the person committed while acting in the course of their agency or employment.\n\t(2)\tIn proceedings brought under this Act against a person in respect of an act alleged to have been committed by an agent or employee while acting in the course of their agency or employment, it is a defence to prove that the person took reasonable steps to ensure that the agent or employee would not act in contravention of this Act.\n\t(3)\tWithout limiting subsection (2), a defence is established under that subsection in relation to an alleged discriminatory or unlawful act if the person—\n\t(a)\thad in force at the relevant time an appropriate policy for the prevention of such an act; and\n\t(b)\thad taken reasonable steps to implement and enforce the policy including—\n\t(i)\treasonable steps to make the employees and agents of the person aware of the terms of the policy; and\n\t(ii)\tprompt investigation of any alleged act and taking appropriate action.\n","sortOrder":10},{"sectionNumber":"Part 6A","sectionType":"part","heading":"Practice guidelines","content":"Part 6A—Practice guidelines\n91A—Commissioner may issue practice guidelines\n\t(1)\tThe Commissioner may issue practice guidelines on any matter relating to this Act.\n\t(2)\tIn preparing practice guidelines, the Commissioner should consult with persons or bodies that the Commissioner considers represent the areas or persons to whom the practice guidelines will relate.\n\t(3)\tThe Commissioner must publish the practice guidelines on the Commissioner's website.\n91B—Effect of practice guidelines\nPractice guidelines—\n\t(a)\tare not legally binding; but\n\t(b)\ta court or the Tribunal may consider evidence of compliance with practice guidelines if relevant to any matter before the court or Tribunal under this Act.\n","sortOrder":11},{"sectionNumber":"Part 7","sectionType":"part","heading":"Grant of exemptions","content":"Part 7—Grant of exemptions\n92—Tribunal may grant exemptions\n\t(1)\tThe Tribunal may, on application under this section, grant exemptions from a provision of this Act in relation to—\n\t(a)\ta person, or class of persons; or\n\t(b)\tan activity, or class of activity; or\n\t(c)\tcircumstances of a specified nature.\n\t(2)\tAn exemption under this section—\n\t(a)\tmay be granted unconditionally or on conditions; and\n\t(b)\tmay be revoked by the Tribunal on breach of a condition; and\n\t(c)\tsubject to revocation, remains in force for a period, not exceeding three years, determined by the Tribunal, but may be renewed from time to time for a further period, not exceeding three years, determined by the Tribunal.\n\t(3)\tAn application for the grant, renewal or revocation of an exemption may be made to the Tribunal by the Commissioner or any other person.\n\t(4)\tThe following persons are entitled to appear and be heard by the Tribunal on an application under this section:\n\t(a)\tthe applicant;\n\t(b)\tif the Commissioner is not the applicant—the Commissioner;\n\t(c)\ta person in whose favour the exemption in question is sought, or has been granted.\n\t(5)\tA person referred to in subsection (4) may call or give evidence in support of, or against, the application.\n\t(6)\tIn determining an application under this section, the Tribunal may—\n\t(a)\thave regard (where relevant) to the desirability of certain discriminatory actions being permitted for the purpose of redressing the effect of past discrimination; and\n\t(b)\thave regard to other factors that the Tribunal considers relevant.\n\t(7)\tNotice of the grant, renewal or revocation of an exemption under this section must be published in the Gazette.\n\t(8)\tNotice of the grant or renewal of an exemption under this section must state—\n\t(a)\tthe period for which the exemption has been granted or renewed; and\n\t(b)\tthe conditions (if any) to which the exemption is subject.\n\t(9)\tA decision of the Tribunal under this section may not be the subject of an application for internal review under section 70 of the South Australian Civil and Administrative Tribunal Act 2013.\n","sortOrder":12},{"sectionNumber":"Part 8","sectionType":"part","heading":"Enforcement","content":"Part 8—Enforcement\nDivision 1—Proceedings before Commissioner and Tribunal\n93—Making of complaints\n\t(1)\tA complaint alleging that a person has acted in contravention of this Act may be made—\n\t(a)\tby a person aggrieved by the act;\n\t(b)\tby a person aggrieved by the act, on behalf of himself or herself and any other person aggrieved by the act;\n\t(c)\tif a person aggrieved by the act is a child or has an intellectual disability—by a person who is, in the opinion of the Commissioner, a suitable representative of the interests of the aggrieved person.\n\t(1a)\tA person cannot make a complaint pursuant to subsection (1)(b) on behalf of some other person unless that other person has consented in writing to the making of the complaint.\n\t(1b)\tA person who consents to a complaint being made on his or her behalf is bound by any decision or order made on the complaint.\n\t(1c)\tA complaint—\n\t(a)\tmust be in writing and set out the details of the alleged contravention; and\n\t(b)\tmust be lodged with the Commissioner.\n\t(2)\tA complaint must be lodged—\n\t(a)\tif the alleged contravention is constituted of a series of acts—within 12 months of the last of those acts;\n\t(b)\tin any other case—within 12 months of the date on which the contravention is alleged to have been committed.\n\t(2a)\tThe Commissioner may, on application, extend the time for lodging a complaint, even if the time for lodging the complaint has expired, if the Commissioner is satisfied—\n\t(a)\tthat there is good reason why the complaint was not made within the stipulated time period; and\n\t(b)\tthat in all the circumstances it is just and equitable to do so.\n\t(2b)\tIf the Commissioner decides to refuse an application to extend the time for lodging a complaint, the Commissioner must give the applicant notice in writing of the decision and of the applicant's right to have the decision reviewed.\n\t(2c)\tA complaint alleging that a student enrolled in a course of secondary education has committed an act of sexual harassment or victimisation against a fellow student of the educational institution at which the student is enrolled may not be lodged unless the complainant satisfies the Commissioner that the complainant has made a reasonable attempt to resolve the matter through procedures available at the institution or that there is good reason for not doing so.\n\t(3)\tOn a complaint being lodged under this section, the Commissioner must cause a written summary of the particulars of the complaint to be served on the respondent named in the complaint.\n\t(4)\tDespite any other provision of this Act, if the Commissioner becomes aware that—\n\t(a)\ta criminal investigation is being conducted in relation to a matter that is the subject of a complaint; or\n\t(b)\ta person has been or is to be charged with a criminal offence in relation to a matter that is the subject of a complaint,\nthe Commissioner may not proceed to investigate or otherwise deal with the complaint under this Act, or to attempt to resolve the subject matter of the complaint by conciliation, until the criminal investigation has been completed or the proceedings for the offence have been disposed of, withdrawn or permanently stayed.\n\t(5)\tIf a complaint alleges that a registered health practitioner has contravened section 86A in the course of practising a health profession, the Commissioner—\n\t(a)\tmust refer the complaint to the relevant health complaints entity; and\n\t(b)\tmay not proceed to investigate or otherwise deal with the complaint under this Act, or to attempt to resolve the subject matter of the complaint by conciliation under this Act.\n\t(6)\tIn subsection (5) the terms health complaints entity, health profession and registered health practitioner all have the same meaning as in the Health Practitioner Regulation National Law.\n93AA—Manner of dealing with complaints of sexual harassment by judicial officers and members of Parliament\n\t(1)\tIf a complaint alleging that a judicial officer or a member of Parliament has acted in contravention of section 87 is lodged with the Commissioner, the following provisions apply:\n\t(a)\tthe Commissioner must refer the complaint to the appropriate authority;\n\t(b)\tif the appropriate authority is of the opinion that dealing with the complaint under this Act could impinge on judicial independence or parliamentary privilege, as the case may be, the appropriate authority will investigate and may deal with the matter in such manner as the appropriate authority thinks fit;\n\t(c)\ton the appropriate authority giving the Commissioner written notice that a complaint is to be dealt with under paragraph (b)—\n\t(i)\tno further action can be taken under any other provision of this Act on the complaint; and\n\t(ii)\tthe Commissioner must give the complainant and the respondent written notice that the complaint will be dealt with by the appropriate authority;\n\t(d)\ton the appropriate authority giving the Commissioner written notice that a complaint will not be dealt with under paragraph (b), the Commissioner may proceed to deal with the complaint under this Act;\n\t(e)\ta notice must be given under paragraph (c) or (d) by the appropriate authority no later than one month after the referral of a complaint to the appropriate authority;\n\t(f)\tthe Commissioner may at the request of the appropriate authority—\n\t(i)\tassist the authority in investigating a complaint that is to be dealt with under paragraph (b); or\n\t(ii)\tattempt to resolve the subject matter of such a complaint by conciliation (and for that purpose the Commissioner has the same powers as are conferred on the Commissioner by section 95 in relation to the conduct of conciliation proceedings where a complaint is dealt with under this Act);\n\t(g)\tif the Commissioner is to act under paragraph (f), the appropriate authority must give the complainant and the respondent written notice that the Commissioner is to so act;\n\t(h)\tif the Commissioner attempts to resolve the subject matter of a complaint by conciliation but is not successful in that attempt, the Commissioner may make recommendations to the appropriate authority regarding resolution of the matter;\n\t(i)\tif, after investigating a complaint under paragraph (b), the appropriate authority considers that the complaint can be dealt with under this Act without impinging on judicial independence or parliamentary privilege (as the case may be), the appropriate authority must remit the complaint to the Commissioner, and, in that case, the Commissioner may proceed to deal with the complaint under this Act;\n\t(j)\tif a complaint is remitted to the Commissioner under paragraph (i), the Commissioner must give the complainant and respondent written notice that the complaint is to be dealt with by the Commissioner;\n\t(k)\tthe appropriate authority must give the complainant and the Commissioner written notice of the manner in which the appropriate authority has dealt with a complaint under paragraph (b).\n\t(2)\tFor the purposes of investigating a complaint that is to be dealt with by the appropriate authority under this section, the authority has the same investigative powers as are conferred on the Commissioner by section 94 in relation to the investigation of a complaint by the Commissioner.\n\t(4)\tNo personal liability attaches to the appropriate authority for an act or omission in good faith and in the exercise, or purported exercise, or the discharge, or purported discharge, of powers or duties under this section.\n\t(5)\tA liability that would, but for subsection (4), lie against the appropriate authority lies instead against the Crown.\n\t(8)\tIn this section—\nappropriate authority means—\n\t(a)\tin relation to a complaint against a judicial officer—\n\t(i)\tthe Chief Justice; or\n\t(ii)\tif the Chief Justice is the respondent or considers it inappropriate that he or she should deal with the matter—the most senior puisne judge of the Supreme Court who is not the respondent, is available to deal with the matter and does not consider it inappropriate that he or she should deal with the matter;\n\t(b)\tin relation to a complaint against a member of the House of Assembly—\n\t(i)\tthe Speaker of the House of Assembly; or\n\t(ii)\tif the Speaker is absent or unable for the time being to perform the duties of office, or is the respondent or considers it inappropriate that he or she should deal with the matter—the Deputy Speaker of the House of Assembly; or\n\t(iii)\tif the Deputy Speaker is absent or unable for the time being to perform the duties of office, or is the respondent or considers it inappropriate that he or she should deal with the matter—a member of the House of Assembly who is not the respondent in the matter and who is appointed by the House of Assembly to deal with the complaint;\n\t(c)\tin relation to a complaint against a member of the Legislative Council—\n\t(i)\tthe President of the Legislative Council; or\n\t(ii)\tif the President is absent or unable for the time being to perform the duties of office, or is the respondent or considers it inappropriate that he or she should deal with the matter—the member of the Legislative Council for the time being appointed by the Legislative Council to deal with such a complaint; or\n\t(iii)\tif that member is absent or unable for the time being to perform the duties of office, or is the respondent or considers it inappropriate that he or she should deal with the matter—a member of the Legislative Council who is not the respondent and who is appointed by the Legislative Council to deal with the complaint.\n93A—Institution of inquiries\n\t(1)\tIf it appears to the Tribunal, on application made by the Commissioner with the approval of the Minister, that a person may have acted in contravention of this Act, the Tribunal may refer the matter to the Commissioner for investigation.\n\t(2)\tThe person the subject of an application under this section is a party to the application and the Commissioner must, on lodging the application with the Tribunal, furnish the person with a copy of the application.\n\t(3)\tThis section does not apply in relation to an alleged contravention of section 87 by a judicial officer or a member of Parliament.\n94—Investigation of complaints or matters referred to Commissioner\n\t(1)\tOn a complaint being lodged or a matter being referred, the Commissioner may conduct an investigation into the alleged contravention.\n\t(2)\tAn investigation by the Commissioner into an alleged contravention of this Act is to be conducted—\n\t(a)\tin the case of an investigation on a complaint—for the purpose of enabling the Commissioner to determine whether the complaint is one on which action should be taken by the Commissioner and, if so, enabling resolution of the matter by conciliation or enabling referral of the matter to the Tribunal; and\n\t(b)\tin the case of a matter referred to the Commissioner for investigation—for the purpose of enabling the Commissioner to determine whether the matter should be referred to the Tribunal and, if so, enabling that referral.\n\t(2a)\tFor the purposes of an investigation, the Commissioner may, by notice in writing, require a person whom the Commissioner reasonably believes may have in his or her possession or control books, papers or other documents relevant to the subject matter of the investigation, to produce to the Commissioner such of those books, papers or other documents as may be specified in the notice.\n\t(2b)\tThe Commissioner cannot, without the consent of the person concerned, require production of—\n\t(a)\trecords of counselling or therapy sessions undergone by the person; or\n\t(b)\trecords or notes made by an advocate for the person in relation to the subject matter of the alleged contravention of the Act.\n\t(3)\tSubject to subsection (4), a person to whom a notice is given under subsection (2a) must not refuse or fail to comply with the notice.\n\t(4)\tA person is not obliged to produce books, papers or documents under this section if—\n\t(a)\ttheir contents would tend to incriminate the person of an offence; or\n\t(b)\tby producing them the person would commit a breach of legal professional privilege.\n\t(5)\tThe Commissioner may retain books, papers or documents produced under this section only for so long as is reasonably necessary to peruse their contents and take copies of them.\n\t(6)\tNothing in this section empowers the Commissioner to require that a book, paper or document that is required for the day to day operation of a business be produced at a place other than the premises from which the business is operated.\n\t(7)\tThis section does not empower the Commissioner to require the production of books, papers or documents relating to—\n\t(a)\tparliamentary proceedings; or\n\t(b)\tthe exercise, or purported exercise, of judicial powers or functions, or the discharge, or purported discharge, of judicial duties, by a judicial officer in court or in chambers.\n95—Conciliation of complaints lodged with Commissioner\n\t(1)\tIf the Commissioner is of the opinion that a matter the subject of a complaint (other than a complaint declined by the Commissioner under section 95A) may be resolved by conciliation, the Commissioner must make all reasonable endeavours to resolve the matter by conciliation.\n\t(2)\tIf the Commissioner—\n\t(a)\thas received more than 1 complaint against the same respondent alleging the same or similar issues of law or fact; and\n\t(b)\tis of the opinion that the most appropriate form of conciliation is by way of joint conciliation,\nthe Commissioner may conciliate the matters jointly.\n\t(3)\tThe Commissioner may, by notice in writing to the complainant or the person who is alleged to have contravened this Act, require that person to attend at a time and place specified in the notice for the purpose of conciliation.\n\t(4)\tA person who refuses or fails to comply with a requirement of the Commissioner under this section is guilty of an offence.\n\t(5)\tThe Commissioner may conduct conciliation proceedings as the Commissioner thinks fit, including—\n\t(a)\tby conciliating the matter without bringing the parties into direct contact with one another; and\n\t(b)\tby inviting persons other than the parties to attend the conciliation proceedings (for example, by inviting representatives of an educational authority to attend conciliation proceedings in a case involving sexual harassment between students).\n\t(6)\tA party to proceedings is not entitled to be represented, or assisted, by a legal practitioner in conciliation proceedings except with the authority of the Commissioner.\n\t(7)\tIf a child is a party to proceedings, the child is entitled to be supported in conciliation proceedings by an adult who, in the opinion of the Commissioner, would be of assistance in that role.\n\t(8)\tFor the purposes of conciliating a matter, the Commissioner may make available to a particular party to the proceedings books, papers or documents produced by other persons for the purposes of an investigation that are likely, in the Commissioner's opinion, to facilitate resolution of the matter (but the Commissioner must not make records referred to in section 94(2b), or other documents containing confidential or personal information, available without the consent of the person concerned).\n\t(9)\tEvidence of anything said or done in the course of conciliation proceedings is not admissible in proceedings under this Act or any other Act or law.\n95A—Commissioner may decline complaints in certain circumstances\n\t(1)\tThe Commissioner may, by notice in writing to the complainant, decline to recognise a complaint as one on which action should be taken by the Commissioner if, in the opinion of the Commissioner—\n\t(a)\tthe complaint is frivolous, vexatious, misconceived or lacking in substance; or\n\t(b)\tthe complaint has ceased to be a complaint that should be proceeded with because the complainant—\n\t(i)\thas died; or\n\t(ii)\tis unable to be contacted; or\n\t(iii)\thas expressed an intention not to proceed, or otherwise evidenced a lack of interest in proceeding, with the complaint; or\n\t(iv)\thas unreasonably refused or failed to cooperate; or\n\t(c)\tthere is no reasonable prospect of an order being made by the Tribunal under section 96(1) or of an order being made by the Tribunal that is more favourable to the complainant than offers refused by the complainant in conciliation proceedings; or\n\t(d)\tthe complaint alleges discrimination on the ground of being, or having been, subjected to domestic abuse and the complainant fails to provide sufficient evidence that they are, or have been, subjected to domestic abuse.\n\t(2)\tA decision by the Commissioner not to recognise a complaint as one on which action should be taken may be made at any time, despite the fact that to some extent action has already been taken on the complaint.\n\t(3)\tIf—\n\t(a)\tthe Commissioner has determined that a complaint has ceased to be a complaint that should be proceeded with under subsection (1)(b); and\n\t(b)\tthe complainant contacts the Commissioner within 12 months after the date of that determination requesting that the complaint proceed,\nthe Commissioner may reinstate the complaint.\n\t(4)\tFor the purposes of subsection (1)(d), a reference to sufficient evidence provided by a complainant is a reference to—\n\t(a)\tevidence that an intervention order has been issued under the Intervention Orders (Prevention of Abuse) Act 2009 to protect the complainant from domestic abuse; or\n\t(b)\tevidence that the complainant has sought or received assistance in relation to domestic abuse from—\n\t(i)\ta registered health practitioner; or\n\t(ii)\ta charitable organisation; or\n\t(iii)\ta person or body of a class prescribed by the regulations; or\n\t(c)\tevidence that otherwise satisfies the Commissioner that the complainant is, or has been, subjected to domestic abuse.\n\t(5)\tIn this section—\ncharitable organisation means an organisation, society, institution or body carried on for a religious, educational, benevolent or charitable purpose, provided that it is not also carried on for the purpose of securing pecuniary benefit for its members.\n95B—Referral of complaints to Tribunal\n\t(1)\tIf, in respect of a complaint, the Commissioner—\n\t(a)\tis of the opinion that the matter cannot be resolved by conciliation; or\n\t(b)\thas attempted to resolve the matter by conciliation but has not been successful in that attempt; or\n\t(ba)\tis of the opinion that the matter should be transferred (whether or not there has been an attempt to resolve the matter by conciliation); or\n\t(c)\thas declined to recognise the complaint as one on which action should be taken and the complainant has, within 3 months of being notified of the Commissioner's decision, by notice in writing, required the Commissioner to refer the complaint to the Tribunal,\nthe Commissioner must refer the matter to the Tribunal for hearing and determination.\n\t(2)\tHowever if, in respect of a complaint, the Commissioner is of the opinion that the matter involves—\n\t(a)\tan alleged contravention of Part 3 Division 2, Part 4 Division 2, Part 5 Division 2, Part 5A Division 2 or Part 5B Division 2; or\n\t(b)\tan alleged contravention of section 86, 87 or 88 by a person against—\n\t(i)\ta person with whom they work; or\n\t(ii)\ta person who is seeking to become a fellow worker,\nthe Commissioner must not refer the matter to the Tribunal under subsection (1) but must instead refer the matter to SAET (subject to subsection (2a)).\n\t(2a)\tIf, in respect of a complaint, the Commissioner is of the opinion that the matter involves both alleged contraventions of a kind referred to in subsection (2) and other matters, the Commissioner may refer the matter to SAET or to the Tribunal, as the Commissioner thinks fit.\n\t(3)\tIf the Commissioner refers a matter to SAET under subsection (2) or (2a), SAET will be taken to have jurisdiction under this Act to deal with the matter and the matter may be determined by SAET in accordance with this Act.\n95C—Assistance to parties before Tribunal\n\t(1)\tSubject to subsection (2), the Commissioner may, at the request of the complainant or respondent, provide representation for the complainant or respondent in proceedings before the Tribunal.\n\t(2)\tThe Commissioner must apply available public funds judiciously taking into account—\n\t(a)\tthe capacity of the complainant or respondent to represent himself or herself or provide his or her own representation; and\n\t(b)\tthe nature and circumstances of the alleged contravention of this Act; and\n\t(c)\tany other matter considered relevant by the Commissioner.\n\t(3)\tIf the Commissioner provides representation to a complainant or respondent, the person representing the complainant or respondent—\n\t(a)\tmust disclose to the Commissioner information reasonably required by the Commissioner to determine whether the Commissioner should cease to provide representation; and\n\t(b)\tmay disclose to the Commissioner information that the person considers relevant to the question of whether the Commissioner should cease to provide representation,\nand the complainant or respondent will be taken to have waived any right or privilege that might prevent such disclosure.\n95D—Referral of matters to Tribunal\n\t(1)\tIf, following an investigation of a matter referred to the Commissioner, the Commissioner is of the opinion that the matter should be referred to the Tribunal for hearing and determination, the Commissioner will lodge a complaint with the Tribunal in respect of the matter.\n\t(2)\tIf, following an investigation of a matter referred to the Commissioner, the Commissioner determines that the matter should not be referred to the Tribunal, the Commissioner must, by notice in writing to the person the subject of the investigation, inform the person of that determination.\n96—Power of Tribunal to make certain orders\n\t(1)\tThe Tribunal may, on determining that the respondent in proceedings under this Part has acted in contravention of this Act, make one or more of the following orders:\n\t(a)\tsubject to this section, an order requiring the respondent to pay compensation (of such amount as the Tribunal thinks fit) to a person for loss or damage arising from the contravention;\n\t(b)\tan order requiring the respondent to refrain from further contravention of the Act;\n\t(c)\tan order requiring the respondent or any other party to the proceedings to perform specified acts with a view to redressing loss or damage arising from the contravention or remedying a discriminatory or unlawful act.\n\t(2)\tThe Tribunal may, at any stage of proceedings under this Part—\n\t(a)\tmake an interim order to prevent prejudice to a person affected by the proceedings;\n\t(b)\tmake an order dismissing the proceedings.\n\t(3)\tThe damage for which a person may be compensated under subsection (1) includes injury to his or her feelings.\n\t(3a)\tIn awarding compensation the Tribunal must take into account the amount of damages or compensation (if any) awarded in other proceedings (criminal or civil) in respect of the same act or series of acts.\n\t(3b)\tAn award of compensation may not be made against a child for an act in contravention of this Act (but an award of compensation may be made against a person who is vicariously liable for the act of the child).\n\t(6)\tThe Commissioner may, at the request or with the leave of the Tribunal, assist the Tribunal in proceedings.\n96A—Limitation on publicity relating to child\nA person must not publish, by radio, television or newspaper, on the Internet or in any other way, a report of proceedings under this Act to which a child is a party if the report identifies the child or contains information tending to identify the child.\nMaximum penalty: $10 000.\n","sortOrder":13},{"sectionNumber":"Div 2","sectionType":"division","heading":"Reviews and appeals","content":"Division 2—Reviews and appeals\n96B—Review of refusal to extend time\n\t(1)\tIf the Commissioner has refused an application for an extension of time within which to lodge a complaint, the applicant may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision.\n\t(2)\tAn application for review must be made within 1 month after notification of the decision.\n96C—No internal review by Tribunal\nA decision or order of the Tribunal in proceedings under this Part (including a decision to refer a matter to the Commissioner for investigation under section 93A) may not be the subject of an application for an internal review under section 70 of the South Australian Civil and Administrative Tribunal Act 2013.\n97—Reasons for decision or order\nThe Tribunal must, if so required by a party to proceedings under this Part, state in writing its reasons for a decision or order, together with findings of fact, that it makes in those proceedings.\n98—Representation\nIn addition to section 56(1) of the South Australian Civil and Administrative Tribunal Act 2013, a person appearing in proceedings before the Tribunal may, by leave of the Tribunal, be represented by an officer or employee of a registered industrial association.\n98A—Appeals\n\t(1)\tA right of appeal lies to the Supreme Court against—\n\t(a)\ta decision by the Tribunal on an application for the grant, renewal or revocation of an exemption; or\n\t(b)\ta decision or order made by the Tribunal in proceedings under this Part.\n\t(2)\tAn appeal under this section may be made by a party to the proceedings to which the appeal relates.\n\t(3)\tThe following provisions operate in connection with the application of section 71 of the South Australian Civil and Administrative Tribunal Act 2013 in relation to an appeal under this section:\n\t(a)\tsection 71(2), (2a) and (3a) of the South Australian Civil and Administrative Tribunal Act 2013 do not apply;\n\t(b)\tif the reasons of the Tribunal were not given in writing at the time of the making of a decision or order and the appellant then requested the Tribunal to state its reasons in writing, the time for instituting the appeal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013 runs from the time when the written statement of those reasons is given to the appellant;\n\t(c)\tan appeal under this section must be conducted as a review of the decision or order of the Tribunal;\n\t(d)\tthe Supreme Court may, on the hearing of an appeal, exercise 1 or more of the following powers:\n\t(i)\taffirm, vary or quash the decision or order appealed against, or substitute, or make in addition, a decision or order that should have been made in the first instance;\n\t(ii)\tremit the subject matter of the appeal to the Tribunal for further hearing or consideration or for rehearing;\n\t(iii)\tmake any order as to costs or any other matter that the justice of the case requires.\n98B—Transfer of proceedings\n\t(1)\tThe Tribunal may, on application by a party to the proceedings or on its own initiative, transfer proceedings before the Tribunal under this Act (the transferred proceedings) to SAET if—\n\t(a)\tthe transferred proceedings include or relate to matters that may be the subject of proceedings under another Act in respect of which SAET has jurisdiction; and\n\t(b)\tthe Tribunal considers that it would be more appropriate or expeditious for the transferred proceedings to be dealt with by SAET.\n\t(2)\tThe following provisions apply to transferred proceedings under subsection (1):\n\t(a)\tSAET will be taken to have jurisdiction under this Act to deal with the matter the subject of the transferred proceedings;\n\t(b)\tthe transferred proceedings may be determined by SAET in accordance with this Act.\n\t(3)\tIf proceedings are transferred to SAET under subsection (1)—\n\t(a)\ta registrar or other member of the staff of the Tribunal must forward to SAET—\n\t(i)\ta file containing all documents filed in the Tribunal in the proceedings; and\n\t(ii)\ta transcript of any evidence taken before the Tribunal in the proceedings; and\n\t(iii)\tcopies of any order made by the Tribunal in relation to the proceedings; and\n\t(b)\tSAET may—\n\t(i)\treceive in evidence any transcript of any evidence taken before the Tribunal in the proceedings and draw any conclusions of fact from that evidence that appear proper; and\n\t(ii)\tadopt any findings or decision of the Tribunal that may be relevant to proceedings before SAET; and\n\t(iii)\tadopt or make any decision, direction, determination or order in relation to the proceedings; and\n\t(iv)\tcontinue any proceedings as if they had been commenced before or in the SAET; and\n\t(v)\ttake other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.\n98C—No application for review\nA decision of the Tribunal to transfer proceedings before the Tribunal to SAET under section 98B(1) may not be the subject of an application for an internal review under section 70 of the South Australian Civil and Administrative Tribunal Act 2013.\n","sortOrder":14},{"sectionNumber":"Part 9","sectionType":"part","heading":"Miscellaneous","content":"Part 9—Miscellaneous\n99—No further sanctions for breach of Act\nA contravention of this Act attracts no sanction or consequence (whether criminal or civil) except to the extent expressly provided by this Act.\n100—Proceedings under Fair Work Act 1994\n\t(1)\tNothing in this Act prevents a person who has been dismissed from employment from bringing proceedings before SAET in respect of that dismissal under the Fair Work Act 1994.\n\t(2)\tIf a person brings proceedings under—\n\t(a)\tChapter 3 Part 6 of the Fair Work Act 1994; or\n\t(b)\tPart 3‑2 of the Fair Work Act 2009 of the Commonwealth,\nin respect of dismissal from employment, and those proceedings are determined, that person cannot institute or prosecute proceedings under this Act in respect of that dismissal.\n\t(3)\tSubsection (2) does not apply if the proceedings under the Fair Work Act 1994 or the Fair Work Act 2009 of the Commonwealth are dismissed on a ground that does not relate to a ground of discrimination under this Act.\n\t(4)\tIf a person brings proceedings under this Act in respect of dismissal from employment, and those proceedings are determined, that person cannot institute or prosecute proceedings under the Fair Work Act 1994 in respect of the dismissal.\n\t(5)\tSubsection (4) does not apply if the proceedings under this Act are dismissed and the proceedings under the Fair Work Act 1994 do not relate to a ground of discrimination under this Act.\n\t(6)\tThe Commissioner may, with leave of SAET in proceedings before SAET under the Fair Work Act 1994, make submissions and present evidence in those proceedings.\n102—Offences against Commissioner\nA person must not molest, wilfully insult, hinder or obstruct the Commissioner, or an officer assisting the Commissioner, in the exercise or discharge by the Commissioner or the officer of official powers or duties.\nMaximum penalty: $5 000.\n103—Discriminatory advertisements\n\t(1)\tA person must not publish or cause to be published an advertisement that indicates an intention to do an act that is unlawful by virtue of this Act.\n\t(2)\tIn proceedings for an offence against subsection (1), it is a defence to prove that the defendant believed on reasonable grounds that the publication of the advertisement would not contravene that subsection.\n104—Service of documents\nA notice or document required or authorised to be given or sent to, or served on, a person for the purposes of this Act may—\n\t(a)\tbe given to the person personally; or\n\t(b)\tbe posted in an envelope addressed to the person at the person's last known address; or\n\t(c)\tif the person is a party to proceedings under this Act, be transmitted to the person by fax or email to the fax number or email address last provided to the Commissioner by the person for that purpose; or\n\t(d)\tin the case of a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be given in accordance with that Act.\n106—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), those regulations may—\n\t(a)\tprescribe forms for the purposes of this Act; or\n\t(b)\texempt, conditionally or unconditionally, specified persons, or persons of a specified class, from a provision of this Act; or\n\t(c)\timpose fines, not exceeding $2 500, for offences against the regulations.\nLegislative history\nNotes\n\t•\tThis version is comprised of the following:\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Equal Opportunity Act 1984 repealed the following:\nSex Discrimination Act 1975\nHandicapped Persons Equal Opportunity Act 1981\nRacial Discrimination Act 1976\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Equal Opportunity Act 1984\n20.12.1984\n1.3.1986 except Pt 4 Div 6, Pt 5 Div 6 & s 89—1.6.1986 (Gazette 5.12.1985 p1690) and except ss 12, Pt 3 Div 6 & s 101 which were deleted by 34/2009 without coming into operation\n Equal Opportunity Act Amendment Act 1989\n29.10.1989\n31.3.1990 (Gazette 29.3.1990 p884) except Sch—1.8.1990 (Gazette 12.7.1990 p257)\n Statute Law Revision Act 1990\n26.4.1990\nSch 4—1.8.1990 (Gazette 12.7.1990 p257)\n Equal Opportunity Act Amendment Act 1990\n26.4.1990\n24.5.1990 (Gazette 24.5.1990 p1404) except ss 3—6 & 8—1.6.1991 (Gazette 30.5.1991 p1702)\n Equal Opportunity (Employment of Juniors) Amendment Act 1992\n Equal Opportunity (Compulsory Retirement) Amendment Act 1993\n Statutes Amendment (Abolition of Compulsory Retirement) Act 1993\n21.10.1993\n1.1.1994: s 2\n Equal Opportunity (Tribunal) Amendment Act 1996\n Statutes Amendment (References to Banks) Act 1997\n12.6.1997\nPt 5 (s 7)—3.7.1997 (Gazette 3.7.1997 p4)\n Equal Opportunity (Sexual Harassment) Amendment Act 1997\n31.7.1997\n20.4.1998 (Gazette 16.4.1998 p1706)\n Statutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 32 (ss 95 & 96)—1.6.2007 (Gazette 26.4.2007 p1352)\n Equal Opportunity (Miscellaneous) Amendment Act 2009\n23.7.2009\n2.10.2009 (Gazette 10.9.2009 p4410)\n Statutes Amendment (National Industrial Relations System) Act 2009\n26.11.2009\nPt 3 (ss 5 & 6)—1.1.2010 (Gazette 17.12.2009 p6351)\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 58 (ss 119—121)—1.2.2010 (Gazette 28.1.2010 p320)\n Equal Opportunity (Sporting Competitions) Amendment Act 2013\n Judicial Conduct Commissioner Act 2015\n5.11.2015\nSch 1 (cl 5)—5.12.2016 (Gazette 29.11.2016 p4525)\n Dog and Cat Management (Miscellaneous) Amendment Act 2016\n14.7.2016\nSch 1 (cl 3)—1.7.2017 (Gazette 19.4.2017 p1101)\n Statutes Amendment (Gender Identity and Equity) Act 2016\n4.8.2016\nPt 6 (ss 14—31)—8.9.2016 (Gazette 8.9.2016 p3676)\n Statutes Amendment (South Australian Employment Tribunal) Act 2016 as amended by 16/2017\n8.12.2016\nPt 9 (ss 92—100)—1.7.2017 (Gazette 16.5.2017 p1221)\n Relationships Register Act 2016\n15.12.2016\nSch 1 (cll 4—19)—1.8.2017 (Gazette 1.8.2017 p3038)\n Statutes Amendment (Surrogacy Eligibility) Act 2017\n15.3.2017\nPt 3 (s 8)—21.3.2017 (Gazette 21.3.2017 p926)\n South Australian Employment Tribunal (Miscellaneous) Amendment Act 2017\n23.5.2017\nSch 1 (cl 4)—27.6.2017; cl 2—1.7.2017 immediately after Pts 8 & 20 of 63/2016 (Gazette 27.6.2017 p2620)\n Statutes Amendment (SACAT) Act 2019\n11.7.2019\nPt 11 (ss 78 to 88)—2.9.2019 (Gazette 29.8.2019 p3138)\n Equal Opportunity (Parliament and Courts) Amendment Act 2020\n Statutes Amendment (Local Government Review) Act 2021\n17.6.2021\nPt 6 (s 198)—20.9.2021 (Gazette 16.9.2021 p3548)\n Equal Opportunity (Domestic Abuse) Amendment Act 2023\n8.6.2023\n1.9.2023 (Gazette 20.7.2023 p2261)\n Statutes Amendment (South Australian Employment Tribunal) Act 2024\n5.9.2024\nPt 2 (s 3)—1.12.2024 (Gazette 31.10.2024 p4038)\n Conversion Practices Prohibition Act 2024\n3.10.2024\nSch 1 (cll 1 & 2)—1.4.2025 (Gazette 30.1.2025 p91)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 68/1989 s 3\n\namended by 25/1990 s 3\n\namended by 34/2009 s 4\nPt 1\n\ns 2\n\nss 3 and 4\ndeleted by 23/1990 s 3(1) (Sch 4)\ns 5\n\ns 5(1)\n\nact\nassistance animal\n\namended by 33/2016 Sch 1 cl 3\nbusiness\ncaring responsibilities\nchild\nchosen gender\n\ndeleted by 35/2016 s 14(1)\nclose personal relationship\n\namended by 67/2016 Sch 1 cl 4(1)\nCommissioner\nthe Commissioner amended to read Commissioner by 34/2009 Sch 1\ncouncil\ninserted by 47/1997 s 3(a)\n\ncourt\ninserted by 47/1997 s 3(a)\ndisability\ninserted by 34/2009 s 5(2)\ndomestic abuse\ninserted by 18/2023 s 3\ndomestic partner\ninserted by 43/2006 s 95(1)\n\nsubstituted by 34/2009 s 5(3)\n\namended by 35/2016 s 14(2)\n\nsubstituted by 67/2016 Sch 1 cl 4(2)\neducational authority\nemployee\nsubstituted by 68/1989 s 4(a)\nemployer\nsubstituted by 68/1989 s 4(a)\nemployment\ninserted by 68/1989 s 4(a)\nemployment agency\namended by 34/2009 s 5(4)\nimpairment\ninserted by 68/1989 s 4(b)\n\ndeleted by 34/2009 s 5(5)\nintellectual impairment\ninserted by 68/1989 s 4(b)\n\ndeleted by 34/2009 s 5(5)\njudicial officer\ninserted by 47/1997 s 3(b)\nmarital or domestic partnership status\nmarital status amended by 68/1989 Sch\n\nmarital status amended to read marital or domestic partnership status by 34/2009 s 5(6), (7)\nmedical practitioner\ninserted by 34/2009 s 5(8)\nmember\n\ndeleted by 63/2016 s 92(1)\nnear relative\n\namended by 43/2006 s 95(2)\npanel\nthe panel amended to read panel by 34/2009 Sch 1\n\ndeleted by 63/2016 s 92(2)\nparliamentary proceedings\ninserted by 47/1997 s 3(c)\nphysical impairment\nsubstituted by 68/1989 s 4(c)\n\ndeleted by 34/2009 s 5(9)\npotential pregnancy\ninserted by 34/2009 s 5(9)\nrace\n\nsubstituted by 34/2009 s 5(9)\nregistered industrial association\ninserted by 34/2009 s 5(9)\nregistered relationship\ninserted by 67/2016 Sch 1 cl 4(3)\nRegistrar\nthe Registrar amended to read Registrar by 34/2009 Sch 1\nSAET\ninserted by 14/2019 s 78(1)\nsecondary education institution\ninserted by 34/2009 s 5(10)\nservices to which this Act applies\namended by 68/1989 s 4(d)\n\namended by 30/1997 s 7\n3.7.1997\n\namended by 34/2009 s 5(11), Sch 1\nsexuality\namended by 34/2009 s 5(12)\n\ndeleted by 35/2016 s 14(3)\nspouse\nsubstituted by 43/2006 s 95(3)\ntransexual\ndeleted by 34/2009 s 5(13)\ntransexuality\ndeleted by 34/2009 s 5(13)\nTribunal\nthe Tribunal amended to read Tribunal by 34/2009 Sch 1\n\nsubstituted by 63/2016 s 92(3)\n\namended by 14/2019 s 78(2)\nunpaid worker\nvoluntary worker redefined as unpaid worker by 68/1989 s 4(e)\n\ns 5(2)\n\nsubstituted by 6/2017 s 8\ns 5(2a)\ninserted by 6/2017 s 8\ns 5(3) and (4)\ninserted by 34/2009 s 5(14)\ns 5(5)\ninserted by 34/2009 s 5(14)\n\ndeleted by 35/2016 s 14(4)\ns 6\n\ns 6(1)\n\ns 6(2)\ns 6(3)\ninserted by 68/1989 s 5\ns 6(4)\ninserted by 34/2009 s 6\n\namended by 35/2016 s 15\nPt 2\n\nsubstituted by 63/2016 s 93\nPt 2 Div 1\n\ns 8\n\ns 8(1) and (2)\ns 8(3) and (4)\nsubstituted by 68/1989 s 6\ns 8(5)\ninserted by 68/1989 s 6\ns 9\nsubstituted by 68/1989 s 7\ns 10\n\ns 10(1)\ns 10 redesignated as s 10(1) by 34/2009 s 7\ns 10(2)\ninserted by 34/2009 s 7\ns 11\n\ns 11(1)\namended by 68/1989 s 8\n\namended by 25/1990 s 4(a), (b)\n\namended by 34/2009 s 8(1)\ns 11(2)\namended by 68/1989 s 8\n\namended by 25/1990 s 4(c), (d)\n\namended by 34/2009 s 8(2)\ns 12 before substitution by 34/2009\n\ns 12(1)\n\ns 12(2)\namended by 68/1989 s 9(a)—(c)\n\ns 12(3)\nsubstituted by 68/1989 s 9(d)\ns 12\ns 13\ndeleted by 68/1989 s 10\ns 14\n\ns 14(1)\namended by 68/1989 s 11\n\namended by 34/2009 s 9(1), (2)\ns 14(2)\n\namended by 34/2009 s 9(3)\ns 15\n\ns 15(1)\n\n22.10.2009\n\namended by 84/2009 s 119\ns 15(2)\ns 16 before deletion by 84/2009\n\ns 16(1)\n\ns 16(2)\ns 16\ndeleted by 84/2009 s 120\nPt 2 Div 2 before deletion by 63/2016\n\ns 17\nsubstituted by 23/1990 s 3(1) (Sch 4)\ns 18\n\ns 18(1)\n\namended by 85/1996 s 2(a)\ns 18(2)\ns 18(3) and (4)\ns 18(5)\n\namended by 85/1996 s 2(b)\n\ns 18(6)\n\ns 18(7)\n\ndeleted by 85/1996 s 2(c)\ns 19\n\ns 19(2)\ns 19(3)—(5)\ns 20\ns 21\n\ns 21(1)\ns 21(2)\n\ns 22\n\ns 22(1) and (2)\ns 23\n\ns 23(1)\n\ns 23(1a)\ninserted by 34/2009 s 10\ns 23(2)\n\ns 23(3)\ns 23(4)\ns 23(5)\ns 24\n\ns 24(1)\n\ns 24(2)\ns 24(3)\n\ns 24(4)\ns 25\n\ns 25(1)\n\ns 25(2)\n\namended by 34/2009 s 11, Sch 1\ns 25(3)\ns 26\n\ns 26(1)\namended by 34/2009 s 12, Sch 1\ns 26(2)\ns 26(3)\ns 27\n\ns 27(1)\ns 27(2)\ns 27(3)\nPt 2 Div 2\ndeleted by 63/2016 s 94\nPt 2 Div 3 before deletion by 63/2016\n\ns 28\n\ns 28(1)\ns 28(2)\nsubstituted by 68/1989 s 12\ns 28(3)\ndeleted by 68/1989 s 12\nPt 2 Div 3\ndeleted by 63/2016 s 94\nPt 3\n\nsubstituted by 34/2009 s 13\n\nsubstituted by 35/2016 s 16\nPt 3 Div 1\n\ns 29\ns 29(1)\ndeleted by 34/2009 s 14(1)\ns 29(2)\namended by 34/2009 s 14(2), Sch 1\n\ns 29(2a)\ninserted by 34/2009 s 14(3)\n\namended by 35/2016 s 17(1)—(7)\n\ns 29(3)\namended by 34/2009 s 14(4)—(6), Sch 1\n\namended by 84/2009 s 121\n\namended by 35/2016 s 17(8)\n\ns 29(4)\ndeleted by 34/2009 Sch 1 cl 14(7)\n\ninserted by 67/2016 Sch 1 cl 5(2)\ns 29(5) and (6)\ndeleted by 34/2009 s 14(7)\nPt 3 Div 2\n\nsubstituted by 34/2009 s 15\ns 30\ns 30(1)\n\namended by 35/2016 s 18(1)\n\namended by 67/2016 Sch 1 cl 6\ns 30(2)\n\namended by 35/2016 s 18(2)\n\namended by 67/2016 Sch 1 cl 6\ns 31\n\ns 31(1)\nsubstituted by 34/2009 s 16(1)\ns 31(2)\n\namended by 34/2009 s 16(2), Sch 1\n\namended by 35/2016 s 19(1)\n\namended by 67/2016 Sch 1 cl 7\ns 31(3)\n\namended by 34/2009 s 16(3), (4), Sch 1\n\namended by 35/2016 s 19(2)\n\namended by 67/2016 Sch 1 cl 7\ns 32\n\ns 32(1)\nsubstituted by 34/2009 s 17(1)\ns 32(2)\nsubstituted by 34/2009 s 17(1)\n\namended by 35/2016 s 20(1)\n\namended by 67/2016 Sch 1 cl 8\ns 32(3)\n\namended by 34/2009 s 17(2), Sch 1\n\namended by 35/2016 s 20(2)\n\namended by 67/2016 Sch 1 cl 8\ns 33\n\ns 33(1)\namended by 34/2009 s 18(1), Sch 1\n\namended by 35/2016 s 21(1)\n\ns 33(2)\ndeleted by 34/2009 s 18(2)\ns 33(3)\n\namended by 35/2016 s 21(2)\n\ns 33(4)\n\namended by 35/2016 s 21(3)\n\ns 34 before substitution by 34/2009\n\ns 34(3)\nsubstituted by 68/1989 s 13\ns 34\nsubstituted by 34/2009 Sch 1 cl 19\ns 34(2)\namended by 35/2016 s 22(1), (2)\n\namended by 67/2016 Sch 1 cl 10\ns 34(3)\namended by 35/2016 s 22(3)\n\namended by 67/2016 Sch 1 cl 10\ns 34(4)\namended by 35/2016 s 22(4)\nPt 3 Div 3\n\ns 35\n\ns 35(1)\namended by 68/1989 s 14\n\namended by 34/2009 s 20(1)—(3), Sch 1\n\namended by 35/2016 s 23(1), (2)\n\namended by 67/2016 Sch 1 cl 11(1)\ns 35(2)\n\namended by 35/2016 s 23(3)—(5)\ns 35(2a)\ninserted by 34/2009 s 20(4)\n\namended by 35/2016 s 23(6), (7)\n\namended by 67/2016 Sch 1 cl 11(2)\ns 35(2b)\ninserted by 34/2009 s 20(4)\n\namended by 35/2016 s 23(8)\n\namended by 67/2016 Sch 1 cl 11(3)\ns 35(3)\n\ns 35A\ninserted by 68/1989 s 15\n\ndeleted by 34/2009 s 21\ns 36\n\namended by 35/2016 s 24\n\namended by 67/2016 Sch 1 cl 12\nPt 3 Div 4\n\ns 37\n\ns 37(1)\n\namended by 35/2016 s 25(1)\n\namended by 67/2016 Sch 1 cl 13\ns 37(2)\n\namended by 35/2016 s 25(2)\n\namended by 67/2016 Sch 1 cl 13\ns 37(3)\nPt 3 Div 5\n\ns 38\n\ns 38(1)\n\namended by 35/2016 s 26\n\namended by 67/2016 Sch 1 cl 14\ns 39\n\ns 39(1)\namended by 68/1989 s 16\n\namended by 35/2016 s 27\n\namended by 67/2016 Sch 1 cl 15\ns 39(2)\n\ns 40\n\ns 40(1)\n\namended by 35/2016 s 28(1)\n\namended by 67/2016 Sch 1 cl 16\ns 40(2)\n\namended by 35/2016 s 28(2)\n\namended by 67/2016 Sch 1 cl 16\ns 40(3)\n\nsubstituted by 34/2009 s 22(1)\ns 40(4)\namended by 34/2009 s 22(2), (3), Sch 1\nPt 3 Div 6 before deletion by 34/2009\n\ns 41\n\nde facto spouse\ns 42\n\ns 42(1) and (3)\ns 43\nPt 3 Div 6\ndeleted by 34/2009 Sch 1\nPt 3 Div 7\n\ns 45\namended by 34/2009 s 23(1), Sch 1\n\n(a)(iii) and (iv) deleted by 34/2009 s 23(2)\n\namended by 35/2016 s 29(1), (2)\n\namended by 67/2016 Sch 1 cl 17\ns 46\ndeleted by 34/2009 s 24\ns 47\namended by 34/2009 s 25\n\namended by 35/2016 s 30(1), (2)\n\namended by 67/2016 Sch 1 cl 18\ns 48\nsubstituted by 42/2013 s 3\ns 49\ns 50\n\ns 50(1)\namended by 34/2009 s 26(1)\ns 50(2)\namended by 43/2006 s 96\n\ndeleted by 34/2009 s 26(2)\nPt 4\n\nPt 4 Div 1\n\ns 51\n\namended by 34/2009 s 27, Sch 1\nPt 4 Div 2\n\nsubstituted by 34/2009 s 28\ns 52\n\ns 52(1)\ns 52(2)\n\ns 53\n\ns 53(1)\nsubstituted by 34/2009 s 29(1)\ns 53(2)\n\namended by 34/2009 s 29(2)\ns 53(3)\n\namended by 34/2009 s 29(3), (4), Sch 1\ns 54\n\ns 54(1)\nsubstituted by 34/2009 s 30(1)\ns 54(2)\n\nsubstituted by 34/2009 s 30(1)\ns 54(3)\n\namended by 34/2009 s 30(2), Sch 1\ns 55\n\ns 55(1) and (2)\n\ns 56\n\ns 56(1)\nsubstituted by 34/2009 s 31(1)\ns 56(2)\namended by 34/2009 s 31(2)\nPt 4 Div 3\n\ns 57\n\ns 57(1)\namended by 68/1989 s 17\n\ns 58\n\ns 58(1)\ns 58 amended by 68/1989 Sch\n\ns 58 redesignated as s 58(1) by 25/1990 s 5\n\ns 58(2)\ninserted by 25/1990 s 5\nPt 4 Div 4\n\ns 59\n\ns 59(1)\ns 59(2)\n\nPt 4 Div 5\n\ns 60\n\ns 60(1)\ns 61\namended by 68/1989 s 18\n\ns 62\n\ns 62(1) and (2)\n\ns 62(2a)\ninserted by 34/2009 s 32\nPt 4 Div 6\n\ns 63\n\ns 63(1)\nPt 4 Div 7\n\ns 64\nPt 5\n\namended by 68/1989 s 19\n\namended by 34/2009 s 33\nPt 5 Div 1\n\ns 66\nsubstituted by 68/1989 s 20\n\namended by 34/2009 s 34(1)—(5)\nPt 5 Div 2\n\nsubstituted by 34/2009 s 35\ns 67\n\ns 67(1)\n\namended by 34/2009 s 36\ns 67(2)\n\namended by 34/2009 s 36, Sch 1\ns 68\n\ns 68(1)\nsubstituted by 34/2009 s 37(2)\ns 68(2)\n\namended by 34/2009 s 37(1), (3)\ns 68(3)\n\namended by 34/2009 s 37(1), (4), (5), Sch 1\ns 69\n\ns 69(1)\nsubstituted by 34/2009 s 38(1)\ns 69(2)\n\nsubstituted by 34/2009 s 38(1)\ns 69(3)\n\namended by 34/2009 s 38(2), (3), Sch 1\ns 70\n\ns 70(1)\n\namended by 34/2009 s 39, Sch 1\ns 70(2)\n\namended by 34/2009 s 39, Sch 1\ns 71\n\ns 71(1)\nsubstituted by 34/2009 s 40(1)\ns 71(2)\namended by 68/1989 s 22\n\namended by 34/2009 s 40(2), (3)\nPt 5 Div 3\n\ns 72\n\ns 72(1)\namended by 68/1989 s 23\n\namended by 34/2009 s 41, Sch 1\ns 73\n\ns 73(1)\namended by 68/1989 s 24\n\namended by 34/2009 s 42, Sch 1\ns 73(2)\namended by 68/1989 s 24\n\namended by 34/2009 s 42\nPt 5 Div 4\n\ns 74\n\ns 74(1)\namended by 68/1989 s 25(a)\n\namended by 34/2009 s 43\ns 74(2)\namended by 68/1989 s 25(b)\n\namended by 34/2009 s 43, Sch 1\ns 74(3)\namended by 68/1989 s 25(c)\n\namended by 34/2009 s 43\nPt 5 Div 5\n\ns 75\n\ns 75(1)\namended by 68/1989 s 26\n\namended by 34/2009 s 44\ns 76\n\ns 76(1)\namended by 68/1989 s 27(a), (b)\n\namended by 34/2009 s 45(2)\ns 76(1a)\ninserted by 34/2009 s 45(3)\ns 76(2)\namended by 68/1989 s 27(c)\n\namended by 34/2009 s 45(1), (2), Sch 1\ns 76(3)\n\namended by 34/2009 s 45(2), Sch 1\ns 77\n\ns 77(1) and (2)\namended by 68/1989 s 28\n\namended by 34/2009 s 46(1), Sch 1\ns 77(2a)\ninserted by 34/2009 s 46(2)\nPt 5 Div 6\n\ns 78\n\ns 78(1)\namended by 68/1989 s 29\n\namended by 34/2009 s 47, Sch 1\nPt 5 Div 7\n\ns 79\namended by 68/1989 s 30\n\namended by 34/2009 s 48\ns 79A\ninserted by 34/2009 s 49\ns 80\namended by 68/1989 s 31\n\namended by 34/2009 s 50, Sch 1\ns 81\nsubstituted by 68/1989 s 32\n\namended by 34/2009 s 51(1), (2)\ns 82\namended by 68/1989 s 33\n\namended by 34/2009 s 52\ns 83\ndeleted by 68/1989 s 34\ns 84\n\nsubstituted by 34/2009 s 53\ns 85\namended by 68/1989 s 35\n\namended by 34/2009 s 54, Sch 1\nPt 5A\ninserted by 25/1990 s 6\nPt 5A Div 1\n\ns 85A\namended by 34/2009 s 55, Sch 1\nPt 5A Div 2\n\nsubstituted by 34/2009 s 56\ns 85B\n\ns 85B(2)\ns 85C\n\ns 85C(1)\nsubstituted by 34/2009 s 57(1)\ns 85C(2)\namended by 34/2009 s 57(2)\ns 85C(3)\namended by 34/2009 s 57(3), (4), Sch 1\ns 85D\n\ns 85D(1) and (2)\nsubstituted by 34/2009 s 58(1)\ns 85D(3)\namended by 34/2009 s 58(2), Sch 1\ns 85E\n\ns 85E(1) and (2)\ns 85EA\ninserted by 34/2009 Sch 1\ns 85F\n\ns 85F(1)\nsubstituted by 34/2009 s 59(1)\ns 85F(2)\namended by 34/2009 s 59(2)\ns 85F(3)\namended by 34/2009 s 59(3)\ns 85F(4)\nsubstituted by 56/1992 s 2\n\nsubstituted by 58/2009 s 5\ns 85F(4a)\ninserted by 75/1993 s 12\n1.1.1994\n\ns 85F(5)\nexpired: s 85F(6)—omitted under Legislation Revision and Publication Act 2002\n(31.12.1993)\ns 85F(6)\namended by 35/1993 s 2\n\nPt 5A Div 3\n\ns 85G\n\ns 85G(1)—(3)\nPt 5A Div 4\n\ns 85I\n\ns 85I(2) and (3)\nPt 5A Div 5\n\ns 85K\n\ns 85K(2)\ndeleted by 34/2009 s 60(1)\ns 85K(3)\namended by 34/2009 s 60(2), (3), Sch 1\ns 85L\n\ns 85L(1)\ns 85L(2)\ndeleted by 34/2009 s 61(1)\ns 85L(3) and (4)\ns 85L(5)\namended by 34/2009 s 61(2), Sch 1\n\n(c) deleted by 34/2009 s 61(2)\nPt 5A Div 6\n\ns 85N\nPt 5A Div 7\nPt 5B\ninserted by 34/2009 s 62\ns 85T\n\ns 85T(1)\n\ndiscriminate\namended by 18/2023 s 4(1)\ns 85T(8)\ninserted by 18/2023 s 4(2)\ns 85U\namended by 18/2023 s 5\ns 85Z\n\ns 85Z(2)\namended by 35/2016 s 31\ns 85ZA\namended by 18/2023 s 6\ns 85ZB\n\ns 85ZB(2)\namended by 18/2023 s 7\ns 85ZD\namended by 18/2023 s 8\ns 85ZF\n\ns 85ZF(1)\namended by 18/2023 s 9\ns 85ZG\n\ns 85ZG(1)\namended by 18/2023 s 10\ns 85ZH\n\ns 85ZH(1)\namended by 18/2023 s 11(1)\ns 85ZH(6)\ninserted by 18/2023 s 11(2)\ns 85ZI\namended by 18/2023 s 12\ns 85ZK\namended by 18/2023 s 13(1), (2)\ns 85ZO\ninserted by 18/2023 s 14\nPt 6\n\ns 86\ns 86(2)\ns 86A\ninserted by 39/2024 Sch 1 cl 1\ns 87\n\ns 87(1) and (2)\nsubstituted by 68/1989 s 36(a)\n\nsubstituted by 34/2009 s 63(1)\ns 87(3)\nsubstituted by 34/2009 s 63(1)\ns 87(4)\n\ndeleted by 34/2009 s 63(1)\ns 87(5)\ndeleted by 34/2009 s 63(1)\ns 87(6aa)\ninserted by 34/2009 s 63(2)\ns 87(6a)\n\namended by 36/2020 s 3(1) \ns 87(6b)\n\namended by 34/2015 Sch 1 cl 5\n5.12.2016\ns 87(6c)\n\namended by 36/2020 s 3(2)\ns 87(6d)\ns 87(6e)\n\namended by 26/2021 s 198\n20.9.2021\ns 87(6f) and (6g)\ninserted by 34/2009 s 63(3)\ns 87(7)\nsubstituted by 68/1989 s 36(b)\n\ns 87(8)\ns 87(9)\n\ns 87(10)\n\ndeleted by 34/2009 s 63(4)\ns 87(11)\n\ndeleted by 34/2009 s 63(4)\nss 87A and 87B\ninserted by 34/2009 s 64\ns 88\n\nsubstituted by 34/2009 s 64\ns 88A\ninserted by 34/2009 s 64\ns 89\n\ns 90\n\ns 91 before substitution by 34/2009\n\ns 91(1) and (2)\ns 91(3)\n\ns 91(4)\ns 91\nsubstituted by 34/2009 s 65\nPt 6A\ninserted by 67/2016 Sch 1 cl 19\nPt 7\n\ns 92\n\ns 92(1)\ns 92(2) and (4)\n\ns 92(6)\ns 92(7)\ns 92(9)\ninserted by 14/2019 s 79\nPt 8\n\nPt 8 Div 1\n\namended by 68/1989 s 37\n\nsubstituted by 34/2009 s 66\ns 93\n\ns 93(1)\nsubstituted by 68/1989 s 38\n\namended by 34/2009 s 67(1), Sch 1\ns 93(1a)\ninserted by 68/1989 s 38\ns 93(1b)\ns 93(1ab) inserted by 68/1989 s 38\n\ns 93(1ab) redesignated as s 93(1b) by 23/1990 s 3(1) (Sch 4)\ns 93(1c)\ninserted by 68/1989 s 38\ns 93(2)\namended by 34/2009 s 67(2), (3), Sch 1\ns 93(2a)—(2c)\ninserted by 34/2009 s 67(4)\ns 93(3)\n\namended by 34/2009 s 67(5), Sch 1\ns 93(4)\ninserted by 36/2020 s 4 \n93(5) and (6)\ninserted by 39/2024 Sch 1 cl 2 \ns 93AA\ninserted by 47/1997 s 5\ns 93AA(1)\namended by 36/2020 s 5(1) \ns 93AA(3)\ndeleted by 36/2020 s 5(2)\ns 93AA(6) and (7)\ns 93A\ninserted by 68/1989 s 39\ns 93A(3)\ninserted by 47/1997 s 6\ns 94\n\ns 94(1)\nsubstituted by 68/1989 s 40\ns 94(2)\nsubstituted by 34/2009 s 68(1)\ns 94(2a) and (2b)\ninserted by 34/2009 s 68(1)\ns 94(3)\n\namended by 34/2009 s 68(2), (3)\ns 94(4)\n\nsubstituted by 34/2009 s 68(4)\ns 94(5)\n\ns 94(6)\ns 94(7)\ninserted by 47/1997 s 7\n\ns 95 before substitution by 34/2009\n\ns 95(1)\ns 95(3)\namended by 68/1989 s 41(a)\n\ns 95(4)\ns 95(5) and (7)\ns 95(8)\namended by 68/1989 s 41(b)—(d)\n\ns 95(8a)\ninserted by 68/1989 s 41(e)\ns 95(9)\ns 95\nsubstituted by 34/2009 s 69\ns 95A\ninserted by 34/2009 s 69\ns 95A(1)\namended by 18/2023 s 15(1)\ns 95A(4) and (5)\ninserted by 18/2023 s 15(2)\ns 95B\n\ns 95B(1)\ns 95B inserted by 34/2009 s 69\n\ns 95B amended by 63/2016 s 95\n\ns 95B redesignated as s 95B(1) by 14/2019 s 80\n\namended by 26/2024 s 3(1)\ns 95B(2)\ninserted by 14/2019 s 80\n\nsubstituted by 26/2024 s 3(2)\ns 95B(2a)\ninserted by 26/2024 s 3(2)\ns 95B(3)\ninserted by 14/2019 s 80\n\namended by 26/2024 s 3(3)\nss 95C and 95D\ninserted by 34/2009 s 69\ns 96\n\ns 96(1)\nsubstituted by 68/1989 s 42(a)\n\n(d) deleted by 25/1990 s 7(a)\n24.5.1990\n\namended by 34/2009 s 70(1), (2), Sch 1\ns 96(2)\nsubstituted by 25/1990 s 7(b)\n24.5.1990\n\ns 96(3)\namended by 68/1989 s 42(b)\n\ns 96(3a) and (3b)\ninserted by 34/2009 s 70(3)\ns 96(4)\n\namended by 34/2009 s 70(4)\n\ndeleted by 14/2019 s 81\ns 96(5)\n\ndeleted by 14/2019 s 81\ns 96(6)\ninserted by 34/2009 s 70(5)\ns 96A\ninserted by 34/2009 s 71\nPt 8 Div 2\n\nsubstituted by 34/2009 s 72\n\nsubstituted by 63/2016 s 96\n\nsubstituted by 14/2019 s 82\ns 96B\ninserted by 34/2009 s 73\ns 96B(1)\namended by 14/2019 s 83(1)\ns 96B(3)\ndeleted by 14/2019 s 83(2)\ns 96C\ninserted by 14/2019 s 84\ns 97\n\ns 98 before deletion by 63/2016\n\ns 98(1)\n\ns 98(2)\ns 98(3) and (4)\ns 98(5)\ns 98 \ndeleted by 63/2016 s 97\nss 98—98C\ninserted by 14/2019 s 85\nPt 9\n\ns 99\ns 100\n\ns 100(1)\n\namended by 14/2019 s 86(1)\ns 100(2)\n\nsubstituted by 58/2009 s 6(1)\ns 100(3)\namended by 68/1989 s 43\n\namended by 25/1990 s 8(a), (b)\n\namended by 34/2009 s 74(1), Sch 1\n\namended by 58/2009 s 6(2)\ns 100(4)\n\ns 100(5)\namended by 68/1989 s 43\n\namended by 25/1990 s 8(c), (d)\n\namended by 34/2009 s 74(2), Sch 1\ns 100(6)\ninserted by 34/2009 s 74(3)\n\nsubstituted by 63/2016 s 98\n\namended by 14/2019 s 86(2)\ns 101 before deletion by 34/2009\n\ns 101(1)\ns 101(2)\ns 101(5)\n\ns 101(6) and (7)\ns 101\ns 102\n\namended by 34/2009 s 75\ns 103\n\ns 103(1)\n\namended by 34/2009 s 76\ns 103(2)\ns 104\nsubstituted by 23/1990 s 3(1) (Sch 4)\n\nsubstituted by 34/2009 s 77\ns 105\ndeleted by 16/2017 Sch 1 cl 2\ns 106\n\ns 106(1)\namended by 34/2009 s 78(1)\ns 106(2)\n\namended by 34/2009 s 78(2), Sch 1\nSch 1\ninserted by 63/2016 s 99\n\ndeleted by 14/2019 s 87\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (South Australian Employment Tribunal) Act 2016 as amended by South Australian Employment Tribunal (Miscellaneous) Amendment Act 2017, Sch 1\n100—Transitional provisions\n\t(1)\tIn this section—\nprincipal Act means the Equal Opportunity Act 1984;\nrelevant day means the day on which this Part comes into operation;\nSAET means the South Australian Employment Tribunal;\nTribunal means the Equal Opportunity Tribunal established under the Equal Opportunity Act 1984.\n\t(2)\tThe Tribunal is dissolved by force of this subsection (and so the commencement of this subsection brings to an end the appointment of a person as a member of the Tribunal).\n\t(3)\tNo right of action arises, and no compensation is payable, in respect of an appointment coming to an end by virtue of the operation of subsection (2).\n\t(4)\tA decision, direction or order of the Tribunal under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision, direction of order of SAET.\n\t(5)\tA right to take action with respect to any matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the Tribunal under the principal Act, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before SAET.\n\t(6)\tAny proceedings before the Tribunal under the principal Act immediately before the relevant day will, subject to such directions as the President of SAET thinks fit, be transferred to SAET where they may proceed as if they had been commenced before SAET.\n\t(7)\tSAET may—\n\t(a)\treceive in evidence any transcript of evidence in proceedings before the Tribunal, and draw any conclusions of fact from that evidence that appear proper; and\n\t(b)\tadopt any findings or determinations of the Tribunal that may be relevant to proceedings before SAET; and\n\t(c)\tadopt or make any decision (including a decision in the nature of a determination), direction or order in relation to proceedings before the Tribunal before the relevant day (including so as to make a decision or determination, or a direction or order, in relation to proceedings fully heard before the relevant day); and\n\t(d)\ttake other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.\nStatutes Amendment (SACAT) Act 2019, Pt 11\n88—Transitional provisions\n\t(1)\tAny proceedings before the South Australian Employment Tribunal under the principal Act immediately before the relevant day that have proceeded to a listing will, unless the President of the Tribunal and the President of the South Australian Employment Tribunal otherwise agree, continue and be completed in all respects under the principal Act as if this Part had not come into operation.\n\t(2)\tA decision arising out of any proceedings under subsection (1) will take effect as if it were a decision of the South Australian Employment Tribunal under the principal Act (including for the purposes of exercising any rights of review or appeal).\n\t(3)\tIn relation to proceedings before the South Australian Employment Tribunal under the principal Act immediately before the relevant day that have not proceeded to a listing, the proceedings will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before the Tribunal.\n\t(4)\tWithout limiting a preceding subsection, a right to make any application or referral, or to seek a review, under the principal Act with respect to any matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the South Australian Employment Tribunal, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.\n\t(5)\tThe Tribunal may—\n\t(a)\treceive in evidence any transcript of evidence in proceedings before the South Australian Employment Tribunal, and draw any conclusions of fact from that evidence that appear proper; and\n\t(b)\tadopt any findings or determinations of the South Australian Employment Tribunal that may be relevant to proceedings before the Tribunal; and\n\t(c)\tadopt or make any decision (including a decision in the nature of a determination), direction or order in relation to proceedings before the South Australian Employment Tribunal before the relevant day (including so as to make a decision or determination, or a direction or order, in relation to proceedings fully heard before the relevant day); and\n\t(d)\ttake other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.\n\t(6)\tNothing in a preceding subsection affects proceedings under section 100 of the principal Act.\n\t(7)\tAn exemption granted by the South Australian Employment Tribunal under section 92 of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be an exemption granted by the Tribunal.\n\t(8)\tA member of a panel established under Schedule 1 of the principal Act (as in force immediately before the relevant day) holding office immediately before the relevant day will cease to hold office on the relevant day and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time (and no right of action will arise against a Minister or the State on account of that termination).\n\t(9)\tIn this section—\nprincipal Act means the Equal Opportunity Act 1984;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal.\nHistorical versions\nReprint—1.8.1990\n\nReprint No 1—1.7.1991\n\nReprint No 2—29.10.1992\n\nReprint No 3—13.5.1993\n\nReprint No 4—1.1.1994\n\nReprint No 5—12.12.1996\n\nReprint No 6—3.7.1997\n\nReprint No 7—20.4.1998\n\n5.12.2016\n\n20.9.2021\n\n","sortOrder":15}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":850},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its 1984 origins covering sex and race discrimination. Major additions include: age discrimination (1991/1993), disability discrimination (reformed 2009), then substantial 2009 amendments adding sexual orientation, gender identity, and 'other grounds' (marital status, pregnancy, caring responsibilities). The 2016 amendments added intersex status and reformed gender identity provisions. The 2023 amendments added domestic abuse as a protected ground. The 2024 amendments incorporated conversion practices prohibition. The 2016-2019 tribunal reforms shifted enforcement from a dedicated Equal Opportunity Tribunal to SAET then to SACAT. What began as a focused sex/race discrimination statute now covers seven distinct attribute categories with bespoke exemption regimes, making it a comprehensive but structurally complex equality framework."},"complexity_factors":["Multiple overlapping Parts (3, 4, 5, 5A, 5B) with near-identical structural templates but subtly different wording and exemptions","Extensive cross-referencing between Parts and Divisions (e.g., 'services to which this Act applies' definition cascades through multiple Parts)","47+ defined terms in section 5 including nested definitions (e.g., 'caring responsibilities' has its own sub-definitions in subsection 3)","Numerous 'genuine occupational requirement' and 'unjustifiable hardship' exemptions requiring case-by-case factual assessments","Dual tribunal system — matters can go to either SACAT or SAET depending on whether they involve employment, with transfer provisions between them","Nested exceptions within exemptions (e.g., religious educational institutions can discriminate on sexual orientation/gender identity only if they have written policies and provide copies to interviewees)","Multiple amendment layers visible in legislative history — 2023 domestic abuse amendments, 2024 conversion practices provisions, 2016 gender identity reforms creating fragmented temporal application","Special procedural rules for complaints against judicial officers and MPs requiring referral to 'appropriate authorities' before Commissioner can act"],"plain_english_summary":"This is South Australia's main **anti-discrimination law**. It makes it unlawful to treat people unfairly based on certain personal characteristics in key areas of public life.\n\n**What it covers:**\nThe Act prohibits discrimination on **seven protected grounds**:\n- **Sex, sexual orientation, gender identity and intersex status** (Part 3)\n- **Race** (Part 4)  \n- **Disability** (Part 5)\n- **Age** (Part 5A)\n- **Other grounds** including marital/domestic partnership status, pregnancy, caring responsibilities, religious appearance or dress, and being subjected to domestic abuse (Part 5B)\n\n**Where discrimination is banned:**\n- **Employment** — hiring, firing, pay, promotions, training\n- **Education** — admission, treatment of students\n- **Goods and services** — shops, banks, entertainment, transport\n- **Accommodation** — renting, buying property\n- **Clubs and associations** — membership and benefits\n- **Professional qualifications** — getting licensed or accredited\n\n**Who enforces it:**\nThe **Commissioner for Equal Opportunity** investigates complaints, tries to resolve disputes through conciliation (mediation), and can refer matters to the **South Australian Civil and Administrative Tribunal** for formal hearings. The Tribunal can order compensation, apologies, or stop orders.\n\n**Key extras:**\n- **Sexual harassment** is specifically unlawful in workplaces, schools, and service settings\n- **Victimisation** (punishing someone for making a complaint) is banned\n- **Conversion practices** are unlawful\n- **Assistance animals** must be accommodated\n- Employers are **vicariously liable** for discrimination by their staff unless they took reasonable preventive steps\n\n**Important exemptions:**\nThe Act includes numerous exemptions — for example, religious bodies can discriminate in religious roles, charities can target benefits to specific groups, single-sex schools are allowed, and sporting competitions can exclude based on sex where strength/stamina matters."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope has been expanded and adjusted several times since enactment. New protected grounds and subject‑matter were added or clarified by amendment (examples in the legislative history include introduction of gender identity provisions and related amendments (see changes to Part 3, s29; Statutes Amendment (Gender Identity and Equity) Act 2016), insertion of Part 5B covering additional grounds (inserted by s62 of 34/2009), recognition of domestic abuse as a ground (inserted by 18/2023 s3, now reflected in s85T and related provisions), the conversion practices prohibition (s86A inserted by the Conversion Practices Prohibition Act 2024; Sch 1 cl 1), and changes to enforcement venues including SAET and Tribunal transfers (multiple amendments recorded under 63/2016, 14/2019, 26/2024). The legislative history and amendment notes in the text show these additions and structural changes (see the Legislative history section and the amendment notes beside the relevant provisions)."},"complexity_factors":["Large number of protected grounds and separate Parts for each (Parts 3, 4, 5, 5A, 5B) increasing substantive complexity","Multiple covered contexts (employment, agents/contractors, contract workers, partnerships, education, goods/services, accommodation, superannuation) with separate rules in each context (many cross‑references)","Extensive and detailed exemption regime (charities, religion, sport, insurance, genuine occupational requirements, unjustifiable hardship, tribunal grants) requiring case‑by‑case factual assessment","Layered enforcement pathway: Commissioner investigation and mandatory conciliation, discretion to decline, referral rules to Tribunal vs SAET, and limited appeal/review rights (ss 93–96, 95B, 98A–98C)","Interoperation with other statutes and bodies (Fair Work Act interplay s100; definitions referring to other Acts, e.g. assistance animals and Dog and Cat Management Act; Conversion Practices Prohibition Act 2024 reference in s86A)","Significant procedural detail (time limits, powers to require documents with privilege and self‑incrimination carve‑outs, evidentiary exclusions for conciliation) creating procedural risk points (ss 93(2), 94(2a)–(6), 95(9))","Delegated and discretionary powers at multiple points (Commissioner’s discretion to extend time or decline complaints, Tribunal’s exemption power, Ministerial control limited but present) producing unpredictability","Separate jurisdictions (Tribunal, SAET, and Supreme Court appeals) and transitional provisions across amendments add administrative and litigation complexity"],"plain_english_summary":"What this law does (mechanics)\n\n- Establishes a statutory scheme to prohibit discrimination and related unlawful conduct across a wide range of areas of life. It lists protected grounds (sex, sexual orientation, gender identity, intersex status, race, disability, age and other grounds) and specifies the kinds of acts that count as discrimination for each ground (see Parts 3, 4, 5, 5A and 5B; e.g. s29, s51, s66, s85A, s85T).\n- Creates an independent Commissioner for Equal Opportunity responsible for administering the Act, investigating complaints, attempting conciliation and issuing practice guidance (ss 8–11, 91A–91B). The Commissioner reports annually to the Minister (s14) and is subject to limited ministerial direction (s10).\n- Provides a complaint, investigation and enforcement pathway: complaints are lodged with the Commissioner (s93); the Commissioner investigates (s94), must try conciliation where appropriate (s95), may decline some complaints (s95A) and must refer matters to the Tribunal or the South Australian Employment Tribunal (SAET) in specified workplace cases (s95B). The Tribunal (or SAET when it has jurisdiction) can make orders including compensation, injunctions and remedial acts (s96).\n- Sets out tailored prohibitions in different contexts: employment and labour arrangements (employees, agents, independent contractors, contract workers, partnerships) (e.g. ss 30, 31, 32, 33; Parts 3/4/5/5A/5B Divisions 2); education (ss 37, 59, 74, 85ZE); goods and services and accommodation (ss 39, 61, 76, 85ZG, 85ZH); superannuation (ss 63, 78); associations and qualifying bodies (ss 35, 36, 57, 58, 72, 73, 85ZC).\n- Prescribes a suite of exemptions and exceptions (charitable instruments, religious bodies, sport, insurance based on actuarial data, genuine occupational requirements, unjustifiable hardship for disability, etc.) and a process for the Tribunal to grant time-limited exemptions (ss 45, 47, 48, 49, 50, 71, 84, 92 and many others cited in each Part).\n- Prohibits related unlawful acts: victimisation (s86), sexual harassment (s87), refusal to admit persons intending to share accommodation with a child (s87A), discrimination involving assistance or therapeutic animals (ss 88, 88A), and conversion practices (s86A, defined by the Conversion Practices Prohibition Act 2024). It also requires notification where insurers or superannuation providers propose actuarial-based discrimination (s89).\n- Provides procedural detail and limits: time limits to lodge complaints (generally within 12 months; s93(2)), Commissioner powers to extend time (s93(2a)), confidentiality limits in conciliation (s95(9)), evidentiary and document-production powers in investigation (s94(2a)–(6)), and penalties for certain offences (e.g. obstructing the Commissioner s102; discriminatory advertisements s103).\n\nWho this affects (who pays / who decides / who must change behaviour)\n\n- Affected parties: employers and principals; employees, agents, independent contractors and contract workers; providers of goods, services and accommodation; educational authorities and students; associations and qualifying bodies; superannuation and insurance providers; charities and religious organisations (see the subject- and context-specific sections noted above).\n- Who pays: respondents found to have contravened the Act can be ordered to pay compensation for loss or damage including injury to feelings (s96(1)(a), (3)); organisations also incur compliance costs to adopt policies, make adjustments (especially for disability ss 66, 76, 84) or seek exemptions (s92). Insurers and superannuation providers may lawfully apply actuarial differentials but must notify and supply a summary of the data on request (ss 49, 78, 85, 89).\n- Who decides: the Commissioner decides whether to investigate, conciliate, decline or refer complaints (ss 11, 94, 95, 95A, 95B). The Tribunal (or SAET where specified) decides liability and remedies and may grant exemptions (ss 92, 95B, 96). The Minister has supervisory control over administration but limited power to direct on specific complaints (s10).\n- Required behaviour changes: employers and organisations must avoid specified discriminatory acts across recruitment, terms of engagement, dismissal, access to facilities and benefits; must consider reasonable adjustments and access for people with disability (s66, s76); must avoid victimisation (s86) and sexual harassment (s87); and, if relying on actuarial discrimination, must notify affected persons and provide summaries on request (s89).\n\nCosts, incentives, trade-offs, and implementation points (light, source‑grounded analysis)\n\n- Compliance burden: businesses and public bodies face administrative and financial costs to avoid liability (e.g. by adopting prevention policies and training to qualify for the vicarious‑liability defence in s91(2)–(3)). Employers may need to make reasonable adjustments for disability (s66, s76) unless unjustifiable hardship is established (s84).\n- Regulatory discretion and implementation risk: the Commissioner has discretion on extending time limits (s93(2a)) and on declining complaints (s95A). The Tribunal has discretionary power to grant exemptions (s92) and to take account of countervailing considerations when deciding remedies (s96(1)–(3a)). Practice guidelines issued by the Commissioner are not binding but may be considered by courts/Tribunal (ss 91A–91B), introducing interpretive but non‑binding guidance.\n- Trade‑offs and opportunity costs: the Act balances rights protection with specified exceptions (religious precepts s50, genuine occupational requirements s34(2)/s56(2)/s71(2)/s85F(2), sport s48/s81/s85Q). Those exceptions allow continued targeted activities (e.g. charities or single‑sex or faith‑based institutions) but create areas where private choice to exclude remains lawful (ss 45, 50, 64, 65, 80, 85N). Tribunal exemption processes (s92) create a route to lawful deviation from the general prohibitions, concentrating benefits to successful applicants and dispersing compliance costs across others.\n- Effects on markets and contracts: the Act covers independent contractors and contract workers explicitly (ss 31–32, 53–54, 68–69, 85C–85D), which constrains contracting choices and imposes obligations on principals about the terms and conditions offered. Insurers and superannuation funds may lawfully differentiate using actuarial data but must notify and be able to justify reliance (ss 49, 78, 85, 89). That preserves certain price‑setting practices while imposing transparency obligations.\n- Enforcement incentives: the statutory pathway prioritises conciliation (s95) before Tribunal proceedings; the Commissioner can represent parties before the Tribunal (s95C) but must manage public funds (s95C(2)). The Act also imposes criminal penalties for specific offences (s88 assaulting assistance animal condition, s102 obstructing Commissioner, s103 discriminatory ads) with set maximum fines.\n\nPractical implementation risks and points of attention\n\n- Overlap with other law and venues: employment‑related dismissals can be brought under Fair Work provisions or under this Act but the Act contains mutual exclusivity rules (s100) that affect forum choice.\n- Multiple exemptions and cross‑references: many provisions create narrowly defined exemptions (religion, sport, charities, insurance, occupational requirements, unjustifiable hardship) that require careful factual assessment (see the exemption sections in each Part). Parties seeking certainty may apply to the Tribunal for exemptions (s92).\n- Discretion in evidence and process: the Commissioner may require documents in an investigation (s94(2a)) but legal professional privilege and self‑incrimination protections apply (s94(4)). The Commissioner may decline frivolous or unsubstantiated complaints (s95A), which concentrates investigatory resources but introduces a gatekeeping discretion.\n\nPurpose claims and how the Act implements them\n\n- The Act explicitly aims to promote equality of opportunity and prevent discrimination (Long title; s11 outlines the Commissioner’s educational and research functions). Mechanically, it does so by defining prohibited acts across settings, establishing an investigatory and conciliation process and creating tribunal remedies. The measures increase compliance obligations for employers, service providers and other entities and create remedies for affected individuals.\n\nKey sections for quick reference\n\n- Commissioner: ss 8–15; enforcement process: ss 93–96; remedies: s96; exemptions: s92 and the many exemptions within each Part (e.g. ss 45, 50, 84); complaints time limit and extension: s93(2), s93(2a); practice guidelines: ss 91A–91B; conversion practices: s86A; assistance animals/therapeutic animals: ss 88, 88A; interplay with Fair Work: s100."}},"importantCases":[],"_links":{"self":"/api/acts/sa-equal-opportunity-act-1984","history":"/api/acts/sa-equal-opportunity-act-1984/history","analysis":"/api/acts/sa-equal-opportunity-act-1984/analysis","conflicts":"/api/acts/sa-equal-opportunity-act-1984/conflicts","importantCases":"/api/acts/sa-equal-opportunity-act-1984/important-cases","documents":"/api/acts/sa-equal-opportunity-act-1984/documents"}}