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).