ACTIn ForceAct
Discrimination Act 1991
23CAdministration of territory laws etc
Start here
Get a plain-English read of 23C
Turn the raw legal text into a practical explanation grounded in Discrimination Act 1991.
23C Administration of territory laws etc
(1) It is unlawful for a public authority to discriminate against a person
when administering a territory law, or an ACT government program
or policy.
(2) Subsection (1) does not—
(a) affect the law relating to the privileges of the Legislative
Assembly; or
(b) apply to—
(i) for the Office of the Legislative Assembly—an act done,
or a practice engaged in, by the Office when exercising a
function in relation to a proceeding of the Legislative
Assembly; or
(ii) for an ACT court—an act done, or a practice engaged in,
by the ACT court other than an act done, or a practice
engaged in, by the ACT court in relation to a matter of an
administrative nature; or
(iii) the doing of an act mentioned in section 18 (whether or not
the act is done by an educational authority).
ACT court—
(a) means the Supreme Court, Magistrates Court, Coroner’s Court
or a tribunal; and
(b) includes a judge, magistrate, tribunal member or any other
person exercising a function of the court or tribunal in relation
to the hearing or determination of a proceeding before the court
or tribunal.
administering, a territory law or ACT government program or policy,
includes exercising a function under the law or carrying out the
function of a public nature—see the Human Rights Act 2004,
section 40A.
public authority means any of the following:
(a) an administrative unit;
(b) a territory authority;
(c) a territory instrumentality;
(d) a Minister;
(e) a public employee;
(f) an entity whose functions are or include functions of a public
nature, when it is exercising those functions for the Territory or
an entity mentioned in paragraph (a) to (e) (whether or not under
contract).