4Interpretation

4 Interpretation (1) In this Act: accommodation includes: (a) business premises; and (b) a house or flat; and Anti-Discrimination Act 1992 2 (c) a hotel or motel; and (d) a boarding house or hostel; and (e) a caravan or caravan site; and (f) a mobile home or mobile home site; and (g) a camping site; and (h) a building or construction site. accommodation status includes being: (a) a tenant, boarder, lodger or licensee; or (b) transient or homeless; or (c) a resident of any of the following: (i) an aged care facility; (ii) disability accommodation; (iii) supported care accommodation. acting in an official capacity, in relation to a person, means the person is exercising powers or performing functions under, or otherwise related to the administration of, this Act. advertisement means every form of advertisement or notice, however displayed, and whether or not displayed to the public, and includes an advertisement: (a) in a newspaper, on the internet or in another publication, whether in printed or electronic form; and (b) by television, radio or a streaming service; and (c) by display of notices, signs, labels or goods; and (d) by distribution of samples, circulars, catalogues, price lists or other material; and (e) by exhibition of pictures, models or films. artificial fertilisation procedure means any artificial insemination procedure or in vitro fertilisation procedure. Anti-Discrimination Act 1992 3 artificial insemination procedure means a procedure where human sperm are introduced, by a non-coital method, into the reproductive system of a woman but which is not, and is not an integral part of, an in vitro fertilisation procedure. assistance animal, see section 4A. attribute means an attribute referred to in section 19. carer responsibilities means whether or not the person is a parent or has responsibility to care for a family member or near relative or through kinship or otherwise. child means a person who has not attained the age of 18 years. club means an incorporated or unincorporated association of not less than 30 members that: (a) is established for social, literary, cultural, political, sporting, athletic, recreational or community service purposes or any other similar lawful purpose; and (b) provides and maintains its facilities, wholly or partly, from funds of the association. Commissioner means the person appointed under section 6 to be the Anti-Discrimination Commissioner and includes a person appointed under section 11 to act as the Commissioner, when so acting. committee of management, in relation to a club, means the group or body of people, by whatever name called, that manages the affairs of the club. complainant means the person making a complaint and includes a person joined as a complainant under section 73. complaint means a complaint made under Part 6. conciliation means a conciliation under Part 6, Division 3. disability includes the following: (a) the total or partial loss of a bodily function; (b) the presence in the body of: (i) an organism that has caused or is capable of causing disease; or Anti-Discrimination Act 1992 4 (ii) organisms impeding, capable of impeding or that may impede the capacity of the body to combat disease; (c) total or partial loss of a part of the body; (d) the malfunction or dysfunction of a part of the body; (e) the malformation or disfigurement of a part of the body; (f) a reliance on any of the following: (i) a support person; (ii) a disability aid; (iii) an assistance animal; (g) psychiatric or psychological disease or disorder, whether permanent or temporary; (h) a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction; (i) a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. disability aid means equipment (including a palliative or therapeutic device) that is generally recognised to alleviate an effect of a disability. document includes: (a) paper or other material on which there is writing; and (b) paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and (c) an article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device. domestic violence, see section 5 of the Domestic and Family Violence Act 2007. educational authority means the body or person administering an educational institution. Anti-Discrimination Act 1992 5 educational institution includes the following: (a) a childcare centre, school, college, university or other institution at which any form of training or instruction is provided; (b) a place at which training or instruction is provided by an employer; (c) a place that provides educational programs to people in custody; (d) any other place that provides an education and care service. employment status includes the following: (a) being unemployed; (b) receiving a pension or another social security benefit; (c) receiving compensation; (d) being employed on a part-time, casual or temporary basis; (e) undertaking shift or contract work. enforceable undertaking means an enforceable undertaking under section 110B. enforcement order means an enforcement order under section 110C. evaluate, in relation to a complaint, means to decide whether the complaint has a reasonable prospect of success at a hearing by the Tribunal. gender identity means a person's gender-related identity, which may or may not correspond with the person's designated sex at birth, and includes: (a) the personal sense of the body (whether this involves medical intervention or not); and (b) other expressions of gender, such as dress, speech, mannerisms, names and personal references. HIV/hepatitis status means having: (a) the Human Immunodeficiency Virus; or (b) the medical condition known as hepatitis. Anti-Discrimination Act 1992 6 homeless means without access to safe and secure housing. individual complaint means a complaint other than a representative complaint. insurance includes: (a) an annuity; and (b) life assurance; and (c) accident insurance; and (d) illness insurance. in vitro fertilisation procedure means a procedure which: (a) is consequent on the removal of an egg from the body of a woman, and carried out for one or more of the following purposes: (i) the fertilisation of the egg, within or outside her body; (ii) the keeping or use of the egg with intent to derive from it an egg in the process of fertilisation or an embryo; (iii) the keeping or use of the egg in the process of fertilisation or embryo so derived; or (b) is directed at the introduction into the body of a woman of: (i) an egg, whether produced by the woman or by another woman; or (ii) an egg in the process of fertilisation or an embryo, whether produced by the woman or by another woman and whether or not fertilisation began outside the body into which it is introduced. irrelevant criminal record, in relation to a person, means: (a) a spent record within the meaning of the Criminal Records (Spent Convictions) Act 1992; or (ab) a record expunged under the Expungement of Historical Homosexual Offence Records Act 2018; or (ac) a record expunged under Part XI, Division 18, of the Criminal Code; or Anti-Discrimination Act 1992 7 (b) a record relating to arrest, interrogation or criminal proceedings where: (i) no further action was taken in relation to the arrest, interrogation or charge of the person; or (ii) no charge has been laid; or (iii) the charge was dismissed; or (iv) the prosecution was withdrawn; or (v) the person was discharged, whether or not on conviction; or (vi) the person was found not guilty; or (vii) the person's finding of guilt was quashed or set aside; or (viii) the person was granted a pardon; or (ix) the circumstances relating to the offence for which the person was found guilty are not directly relevant to the situation in which the discrimination arises. near relative, in relation to a person, means: (a) a parent, child, grandparent or sibling of the person; or (b) the spouse or de facto partner of the person or a person referred to in paragraph (a). parent includes a step-parent, adoptive parent, foster parent, guardian and a person who provides care, nurturing and support to a child. pregnancy includes child bearing capacity. proceeding includes a conciliation, an investigation and an evaluation of a complaint. prohibited conduct means: (a) discrimination, other than discrimination exempted from the application of this Act; or (b) sexual harassment; or (c) victimisation; or (ca) offensive behaviour; or Anti-Discrimination Act 1992 8 (d) discriminatory advertising; or (e) seeking unnecessary information; or (f) contravention of duty to accommodate a special need; or (g) aiding a contravention of this Act. race includes: (a) the nationality, ethnic or national origin, colour, descent or ancestry of a person; and (b) that a person is or has been an immigrant. relationship status means whether or not a person: (a) is single; or (b) is married; or (c) is married but living separately and apart from the person's spouse; or (d) is married, or has been married, to a particular person; or (e) is divorced; or (f) is a surviving spouse or de facto partner; or (g) is a de facto partner; or (h) is the de facto partner, or was the de facto partner, of a particular person. representative complaint means a complaint mentioned in section 60(c). respondent, in relation to a complaint, means the person or organisation alleged in the complaint to have engaged in prohibited conduct or systemic discrimination and includes a person joined as a respondent under section 73. services include: (a) access to or use of any land, place, vehicle or facility that members of the public are, or a section of the public is, permitted to use; and Anti-Discrimination Act 1992 9 (b) banking or the supply of loans, finance, credit guarantees, hire purchase schemes or any other type of financial accommodation; and (c) services connected with the selling or leasing of an interest in land; and (d) recreation, including entertainment, sports, tourism and the arts; and (e) the supply of refreshments; and (f) services connected with transport and travel; and (g) services of any profession, occupation, trade or business; and (h) services provided by a government, statutory corporation, a company or other body corporate in which a government has a controlling interest, or a local government council; but does not include insurance and superannuation. sex characteristics means a person's physical features and development relating to sex, including the following: (a) genitalia, gonads and other sexual and reproductive parts of the person's anatomy; (b) chromosomes, genes and hormones related to sex; (c) secondary physical features emerging as a result of puberty. sexual orientation means each person's capacity for profound emotional, affectional and sexual attraction to, and intimate and sexual relations with, individuals of the same gender identity, a different gender identity or more than one gender identity. sex work means provision by a person of either of the following services in return for payment or reward: (a) services that involve the person participating in sexual activity with another person; (b) services that involve the use or display of the person's body for the sexual arousal or gratification of others. supervision, in relation to a child, means to oversee or superintend the execution of or performance of work or other tasks by the child. Anti-Discrimination Act 1992 10 support person means a person who provides assistance or services to another person because of a disability the other person has. Examples for definition support person A carer, an assistant, an interpreter or a reader. systemic discrimination means behaviour, practices, policies or programs of an organisation or Agency that have the effect of creating or perpetuating disadvantage for a group that shares a protected attribute. Tribunal means the Civil and Administrative Tribunal. victimisation, see section 23(2). work includes work carried out in any capacity and at any place, including as: (a) an employee; or (b) a contractor or subcontractor; or (c) an employee of a contractor or subcontractor; or (d) an employee of a labour hire company; or (e) an outworker; or (f) an apprentice or trainee; or (g) a student or other person gaining work experience, whether formal or informal; or (h) a volunteer or on another unpaid basis; or (i) a statutory appointee; or (j) part of a vocational training program or other occupational training or retraining program; or (k) a person of a prescribed class. (2) For the purposes of this Act, a person may be discriminated against on the ground of race even if the person is, in addition to that race, of one or more other races. (3) For the purposes of this Act, trade union or employer association activity is to be construed to include membership or non membership of a trade union or employer association and a lack or absence of trade union or employer association activity. Anti-Discrimination Act 1992 11 (4) For the purposes of this Act, religious belief or activity is to be construed to include Aboriginal spiritual belief or activity. (5) For the purposes of this Act, political opinion, affiliation or activity is to be construed to include a lack or absence of political opinion, affiliation or activity. (5A) For the purposes of this Act, sexual orientation is to be construed to include an absence of profound emotional, affectional and sexual attraction to other individuals. (6) For the purposes of this Act, refusing or failing to do an act is taken to be the doing of an act and a reference to an act includes a reference to such a refusal or failure. (7) Unless the contrary intention appears, a reference in this Act to a person includes a reference to an unincorporated association. (8) A reference in this Act to the provision of a service does not include the carrying out of an artificial fertilisation procedure. Note for section 4 The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.