Anti-Discrimination Act 1977
38NAccommodation
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38N Accommodation
38N Accommodation
(1) It is unlawful for a person, whether as principal or agent, to discriminate against another person on transgender grounds—
(a) by refusing the person’s application for accommodation, or
(b) in the terms on which he or she offers the person accommodation, or
(c) by deferring the person’s application for accommodation or giving the person a lower order of precedence in any list of applicants for that accommodation.
(2) It is unlawful for a person, whether as principal or agent, to discriminate against another person on transgender grounds—
(a) by denying the person access, or limiting the person’s access, to any benefit associated with accommodation occupied by the person, or
(b) by evicting the person or subjecting the person to any other detriment.
(3) Nothing in this section applies to or in respect of the provision of accommodation in premises if—
(a) the person who provides or proposes to provide the accommodation or a near relative of that person resides, and intends to continue to reside, in those premises, and
(b) the accommodation provided in those premises is for no more than 6 persons.
ss 38M–38O: Ins 1996 No 22, Sch 1 [4].