4Definitions

#### 4 Definitions 4 Definitions > > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— > > > > accommodation includes residential or business accommodation. > > > > associate of a person means— > > > > > (a) any person with whom the person associates, whether socially or in business or commerce, or otherwise, and > > > > > (b) any person who is wholly or mainly dependent on, or a member of the household of, the person. > > > > Board means the Anti-Discrimination Board constituted under this Act. > > > > commission agent means an agent who is remunerated by commission. > > > > contract worker means an employee who, under a contract of employment performs work for an employer who has undertaken to perform that work for another person. > > > > corporation has the same meaning as in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth. > > > > council means a council, a county council or a joint organisation within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030). > > > > disability means— > > > > > (a) total or partial loss of a person’s bodily or mental functions or of a part of a person’s body, or > > > > > (b) the presence in a person’s body of organisms causing or capable of causing disease or illness, or > > > > > (c) the malfunction, malformation or disfigurement of a part of a person’s body, or > > > > > (d) a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction, or > > > > > (e) a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. > > > > educational authority means a person or body administering a school, college, university or other institution at which education or training is provided. > > > > employment includes work under a contract for services. > > > > employment agency means a person who, for profit or not, provides services for the purpose of finding work or employment for others or for supplying employers with workers or employees. > > > > functions includes powers, authorities and duties. > > > > head of a Public Service agency has the same meaning as in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040). > > > > homosexual means male or female homosexual. > > > > industrial organisation means an industrial organisation within the meaning of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) or an organisation registered under the [Industrial Relations Act 1988](http://www.legislation.gov.au/) of the Commonwealth. > > > > marital or domestic status means the status or condition of being— > > > > > (a) single, or > > > > > (b) married, or > > > > > (c) married but living separately and apart from one’s spouse, or > > > > > (d) divorced, or > > > > > (e) widowed, or > > > > > (f) in a de facto relationship. > > > > near relative, in relation to a person, means the spouse, de facto partner, parent, child, grandparent, grandchild, brother or sister of the person. > > > > President means the President of the Board. > > > > principal means— > > > > > (a) in relation to a commission agent, a person for whom work is done by that commission agent, or > > > > > (b) in relation to a contract worker, a person for whom a contract worker performs work otherwise than under a contract of employment. > > > > private educational authority means a person or body administering a school, college, university or other institution at which education or training is provided, not being— > > > > > (a) a school, college, university or other institution established under the [Education Act 1990](/view/html/inforce/current/act-1990-008) (by the Minister administering that Act), the [Technical and Further Education Commission Act 1990](/view/html/inforce/current/act-1990-118) or an Act of incorporation of a university, or > > > > > (b) an agricultural college administered by the Minister for Agriculture. > > > > Public Service agency has the same meaning as in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040). > > > > race includes colour, nationality, descent and ethnic, ethno-religious or national origin. > > > > recognised transgender person means a person the record of whose sex is altered under Part 5A of the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062) or under the corresponding provisions of a law of another Australian jurisdiction. > > > > registered club has the same meaning as in the [Registered Clubs Act 1976](/view/html/inforce/current/act-1976-031). > > > > regulation means a regulation made under this Act. > > > > relative of a person means any person to whom the person is related by blood, marriage, affinity or adoption, or the de facto partner of the person. > > > > services includes— > > > > > (a) services relating to banking, insurance and the provision of grants, loans, credit or finance, > > > > > (b) services relating to entertainment, recreation or refreshment, > > > > > (c) services relating to transport or travel, > > > > > (d) services of any profession or trade, > > > > > (e) services provided by a council or public authority, > > > > > (f) services consisting of access to, and the use of any facilities in, any place or vehicle that the public or a section of the public is entitled or allowed to enter or use, for payment or not. > > > > Tribunal means the Civil and Administrative Tribunal. > > > > vehicle includes a ship, an aircraft and a hovercraft. > > > > Note. > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (2) A reference in this Act to the exercise of a function includes, where that function is a duty, a reference to the performance of that duty. > > > (3) For the purposes of this Act, the fact that a race may comprise two or more distinct races does not prevent it from being a race. > > > (4) A reference in this Act to the conferring, renewing or extending of an authorisation or a qualification, in relation to an authority or a body which is empowered to confer, renew or extend an authorisation or a qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation, includes a reference to the conferring, renewing, extending, granting, awarding, approving, issuing or accepting of a recognition, registration, enrolment, approval or certification by such an authority or such a body or to the admission of a person to membership of such an authority or such a body. > > > (5) Notes included in this Act do not form part of this Act. > > > (6), (7) (Repealed) > > **s 4:** Am 1980 No 67, sec 2 (b); 1981 No 15, Schs 1 (2), 2 (2) (20), 4 (2), 5 (2); 1981 No 123, Sch 8; 1982 No 142, Schs 1 (2), 3 (2), 4 (1); 1987 No 63, Sch 2; 1989 No 130, Sch 1; 1990 No 118, Sch 3; 1994 No 28, Schs 1 (1), 3 (1), 4 (2), 5 (1); 1995 No 11, Sch 1.3 \[1\]; 1996 No 17, Sch 5.1; 1996 No 22, Sch 1 \[1\]; 1997 No 9, Sch 1 \[1\]–\[6\]; 1997 No 77, Sch 2.1 \[1\]; 2001 No 34, Sch 4.2 \[1\]; 2004 No 79, Sch 1 \[1\] \[2\]; 2008 No 23, Sch 1 \[1\]–\[4\]; 2010 No 19, Sch 3.4 \[1\]; 2011 No 48, Sch 2.1 \[1\]; 2013 No 95, Sch 2.7 \[1\]; 2015 No 58, Sch 3.8 \[1\]; 2017 No 63, Sch 4.2 \[1\]; 2017 No 65, Sch 2.1.