Queensland act

Anti-Discrimination Act 1991

In ForceQLD

Jurisdiction

Queensland

Act Number

85 of 1991

Collection

act

Plain English Summary

8/10 complexity

What it does: This law makes it unlawful to discriminate against people on specified personal attributes (like sex, age, race, impairment, sexuality, religion and more) across areas such as work, education, goods and services, superannuation and insurance, and it sets out investigatory and tribunal procedures for complaints. Exemptions (for example genuine occupational requirements, religious or single‑sex institutions, and 'unjustifiable hardship' for special facilities) are expressly provided.

Who it affects and why it matters: Employers, schools, service and insurance providers, clubs, organisations and individuals must change or justify practices, face civil remedies and some criminal penalties, and use commissioner/tribunal pathways to resolve disputes.

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What it does

The Anti-Discrimination Act 1991 (Qld) establishes a comprehensive framework to promote equality of opportunity by prohibiting discrimination on specified attributes in defined areas of public life. At its core, s.6 articulates the Act's purpose: to protect individuals from unfair discrimination in areas including work, education, and accommodation, achieved through (a) banning discrimination on grounds listed in Part 2 (s.7), of types in Part 3 (direct or indirect, ss.9-11), in areas in Part 4 (ss.12-102), unless exemptions in Parts 4 or 5 apply; (b) enabling complaints under Chapter 7; and (c) utilising the Queensland Human Rights Commission and tribunal processes for resolution.

Discrimination is exhaustively defined. Section 8 clarifies that discrimination "on the basis of an attribute" encompasses treatment based on a characteristic generally associated with the attribute, an imputed characteristic, a presumed attribute, or a past attribute. Section 10 defines direct discrimination as treating a person with an attribute less favourably than another without it in the same or not materially different circumstances. This includes cases where the attribute is a "substantial reason" for the treatment (s.10(4)), motive is irrelevant (s.10(3)), and for impairment, the need for special services is disregarded (s.10(5)). Examples in s.10 illustrate application to nationality, race, and prejudice by third parties.

Indirect discrimination under s.11 occurs where a term is imposed with which a person with the attribute cannot or does not comply, a higher proportion without the attribute can comply, and the term is not reasonable. Reasonableness is assessed holistically, considering consequences of non-compliance, costs of alternatives, and the imposer's financial position (s.11(2)). The term need not be written (s.11(4)), and awareness is unnecessary (s.11(3)). Examples include height requirements disadvantaging women/Asian persons or uniform policies conflicting with religious headdress.

Current sections

Direct links to the current provisions in Anti-Discrimination Act 1991.

375

ch.2-pt.1

Act’s anti-discrimination purpose

sec.6

Act’s anti-discrimination purpose and how it is to be achieved

sec.6 Act’s anti-discrimination purpose and how it is to be achieved

One of the purposes of the Act is to promote equality of opportunity for everyone by protecting them from unfair discrimination in certain areas of activity, including work, education and accommodation. This purpose is to be achieved by— prohibiting discrimination that is— on a ground set out in part 2 ; and of a type set out in part 3 ; and in an area of activity set out in part 4 ; unless an exemption set out in part 4 or 5 applies; and allowing a complaint to be made under chapter 7 against the person who has unlawfully discriminated; and using the agencies and procedures established under chapter 7 to deal with the complaint. s 6 amd 2024 No. 47 s 6 (uncommenced amendment) (sec.6-ssec.1) One of the purposes of the Act is to promote equality of opportunity for everyone by protecting them from unfair discrimination in certain areas of activity, including work, education and accommodation. (sec.6-ssec.2) This purpose is to be achieved by— prohibiting discrimination that is— on a ground set out in part 2 ; and of a type set out in part 3 ; and in an area of activity set out in part 4 ; unless an exemption set out in part 4 or 5 applies; and allowing a complaint to be made under chapter 7 against the person who has unlawfully discriminated; and using the agencies and procedures established under chapter 7 to deal with the complaint.

(a) prohibiting discrimination that is— (i) on a ground set out in part 2 ; and (ii) of a type set out in part 3 ; and (iii) in an area of activity set out in part 4 ;
(i) on a ground set out in part 2 ; and
(ii) of a type set out in part 3 ; and
(iii) in an area of activity set out in part 4 ;
(i) on a ground set out in part 2 ; and
(ii) of a type set out in part 3 ; and
(iii) in an area of activity set out in part 4 ;
(b) allowing a complaint to be made under chapter 7 against the person who has unlawfully discriminated; and
(c) using the agencies and procedures established under chapter 7 to deal with the complaint.

ch.2-pt.2

Prohibited grounds of discrimination

sec.7

Discrimination on the basis of certain attributes prohibited

sec.7 Discrimination on the basis of certain attributes prohibited

The Act prohibits discrimination on the basis of the following attributes— sex; relationship status; pregnancy; parental status; breastfeeding; age; race; impairment; religious belief or religious activity; political belief or activity; trade union activity; sex work activity; gender identity; sexuality; sex characteristics; family responsibilities; association with, or relation to, a person identified on the basis of any of the above attributes. s 7 amd 2002 No. 74 ss 14 , 90 sch ; 2023 No. 17 s 152 ; 2024 No. 23 s 4 amd 2024 No. 47 s 7 (uncommenced amendment)

(a) sex;
(b) relationship status;
(c) pregnancy;
(d) parental status;
(e) breastfeeding;
(f) age;
(g) race;
(h) impairment;
(i) religious belief or religious activity;
(j) political belief or activity;
(k) trade union activity;
(l) sex work activity;
(m) gender identity;
(n) sexuality;
(o) sex characteristics;
(p) family responsibilities;
(q) association with, or relation to, a person identified on the basis of any of the above attributes.

sec.8

Meaning of discrimination on the basis of an attribute

sec.8 Meaning of discrimination on the basis of an attribute

Discrimination on the basis of an attribute includes direct and indirect discrimination on the basis of— a characteristic that a person with any of the attributes generally has; or a characteristic that is often imputed to a person with any of the attributes; or an attribute that a person is presumed to have, or to have had at any time, by the person discriminating; or an attribute that a person had, even if the person did not have it at the time of the discrimination. If an employer refused to consider a written application from a person called Viv because it assumed Viv was female, the employer would have discriminated on the basis of an attribute (female sex) that Viv (a male) was presumed to have. s 8 amd 2024 No. 47 s 7A (uncommenced amendment)

(a) a characteristic that a person with any of the attributes generally has; or
(b) a characteristic that is often imputed to a person with any of the attributes; or
(c) an attribute that a person is presumed to have, or to have had at any time, by the person discriminating; or
(d) an attribute that a person had, even if the person did not have it at the time of the discrimination. Example of paragraph (c) — If an employer refused to consider a written application from a person called Viv because it assumed Viv was female, the employer would have discriminated on the basis of an attribute (female sex) that Viv (a male) was presumed to have.

ch.2-pt.3

Prohibited types of discrimination

sec.9

Discrimination of certain types prohibited

sec.9 Discrimination of certain types prohibited

The Act prohibits the following types of discrimination— direct discrimination; indirect discrimination.

(a) direct discrimination;
(b) indirect discrimination.

sec.10

Meaning of direct discrimination

sec.10 Meaning of direct discrimination

Direct discrimination on the basis of an attribute happens if a person treats, or proposes to treat, a person with an attribute less favourably than another person without the attribute is or would be treated in circumstances that are the same or not materially different. R refuses to rent a flat to C because— C is English and R doesn’t like English people C’s friend, B, is English and R doesn’t like English people R believes that English people are unreliable tenants. In each case, R discriminates against C, whether or not R’s belief about C’s or B’s nationality, or the characteristics of people of that nationality, is correct. It is not necessary that the person who discriminates considers the treatment is less favourable. The person’s motive for discriminating is irrelevant. R refuses to employ C, who is Chinese, not because R dislikes Chinese people, but because R knows that C would be treated badly by other staff, some of whom are prejudiced against Asian people. R’s conduct amounts to discrimination against C. If there are 2 or more reasons why a person treats, or proposes to treat, another person with an attribute less favourably, the person treats the other person less favourably on the basis of the attribute if the attribute is a substantial reason for the treatment. In determining whether a person treats, or proposes to treat a person with an impairment less favourably than another person is or would be treated in circumstances that are the same or not materially different, the fact that the person with the impairment may require special services or facilities is irrelevant. s 10 sub 2024 No. 47 s 7B (uncommenced amendment) (sec.10-ssec.1) Direct discrimination on the basis of an attribute happens if a person treats, or proposes to treat, a person with an attribute less favourably than another person without the attribute is or would be treated in circumstances that are the same or not materially different. R refuses to rent a flat to C because— C is English and R doesn’t like English people C’s friend, B, is English and R doesn’t like English people R believes that English people are unreliable tenants. In each case, R discriminates against C, whether or not R’s belief about C’s or B’s nationality, or the characteristics of people of that nationality, is correct. (sec.10-ssec.2) It is not necessary that the person who discriminates considers the treatment is less favourable. (sec.10-ssec.3) The person’s motive for discriminating is irrelevant. R refuses to employ C, who is Chinese, not because R dislikes Chinese people, but because R knows that C would be treated badly by other staff, some of whom are prejudiced against Asian people. R’s conduct amounts to discrimination against C. (sec.10-ssec.4) If there are 2 or more reasons why a person treats, or proposes to treat, another person with an attribute less favourably, the person treats the other person less favourably on the basis of the attribute if the attribute is a substantial reason for the treatment. (sec.10-ssec.5) In determining whether a person treats, or proposes to treat a person with an impairment less favourably than another person is or would be treated in circumstances that are the same or not materially different, the fact that the person with the impairment may require special services or facilities is irrelevant.

• C is English and R doesn’t like English people
• C’s friend, B, is English and R doesn’t like English people
• R believes that English people are unreliable tenants.

sec.11

Meaning of indirect discrimination

sec.11 Meaning of indirect discrimination

Indirect discrimination on the basis of an attribute happens if a person imposes, or proposes to impose, a term— with which a person with an attribute does not or is not able to comply; and with which a higher proportion of people without the attribute comply or are able to comply; and that is not reasonable. Whether a term is reasonable depends on all the relevant circumstances of the case, including, for example— the consequences of failure to comply with the term; and the cost of alternative terms; and the financial circumstances of the person who imposes, or proposes to impose, the term. It is not necessary that the person imposing, or proposing to impose, the term is aware of the indirect discrimination. In this section— term includes condition, requirement or practice, whether or not written. An employer decides to employ people who are over 190cm tall, although height is not pertinent to effective performance of the work. This disadvantages women and people of Asian origin, as there are more men of non-Asian origin who can comply. The discrimination is unlawful because the height requirement is unreasonable, there being no genuine occupational reason to justify it. An employer requires employees to wear a uniform, including a cap, for appearance reasons, not for hygiene or safety reasons. The requirement is not directly discriminatory, but it has a discriminatory effect against people who are required by religious or cultural beliefs to wear particular headdress. s 11 sub 2024 No. 47 s 7B (uncommenced amendment)

s 11A ins 2024 No. 47 s 7B (uncommenced amendment) (sec.11-ssec.1) Indirect discrimination on the basis of an attribute happens if a person imposes, or proposes to impose, a term— with which a person with an attribute does not or is not able to comply; and with which a higher proportion of people without the attribute comply or are able to comply; and that is not reasonable. (sec.11-ssec.2) Whether a term is reasonable depends on all the relevant circumstances of the case, including, for example— the consequences of failure to comply with the term; and the cost of alternative terms; and the financial circumstances of the person who imposes, or proposes to impose, the term. (sec.11-ssec.3) It is not necessary that the person imposing, or proposing to impose, the term is aware of the indirect discrimination. (sec.11-ssec.4) In this section— term includes condition, requirement or practice, whether or not written. An employer decides to employ people who are over 190cm tall, although height is not pertinent to effective performance of the work. This disadvantages women and people of Asian origin, as there are more men of non-Asian origin who can comply. The discrimination is unlawful because the height requirement is unreasonable, there being no genuine occupational reason to justify it. An employer requires employees to wear a uniform, including a cap, for appearance reasons, not for hygiene or safety reasons. The requirement is not directly discriminatory, but it has a discriminatory effect against people who are required by religious or cultural beliefs to wear particular headdress.

(a) with which a person with an attribute does not or is not able to comply; and
(b) with which a higher proportion of people without the attribute comply or are able to comply; and
(c) that is not reasonable.
(a) the consequences of failure to comply with the term; and
(b) the cost of alternative terms; and
(c) the financial circumstances of the person who imposes, or proposes to impose, the term.

ch.2-pt.4

Areas of activity in which discrimination is prohibited

ch.2-pt.4-div.1

Part’s structure

sec.12

Explanatory provision (structure)

sec.12 Explanatory provision (structure)

This part specifies the areas of activity in which discrimination is prohibited and the exemptions that apply in relation to those areas. Part 5 specifies general exemptions that apply to all the areas. (sec.12-ssec.1) This part specifies the areas of activity in which discrimination is prohibited and the exemptions that apply in relation to those areas. (sec.12-ssec.2) Part 5 specifies general exemptions that apply to all the areas.

ch.2-pt.4-div.2

Work and work-related areas

sec.13

Explanatory provision (prohibitions)

sec.13 Explanatory provision (prohibitions)

A person must not discriminate in the work or work-related area if a prohibition in sections 14 to 23 applies. This subdivision does not apply to discrimination in connection with superannuation or insurance. Discrimination in connection with superannuation or insurance is dealt with in sections 52 to 75 . (sec.13-ssec.1) A person must not discriminate in the work or work-related area if a prohibition in sections 14 to 23 applies. (sec.13-ssec.2) This subdivision does not apply to discrimination in connection with superannuation or insurance. (sec.13-ssec.3) Discrimination in connection with superannuation or insurance is dealt with in sections 52 to 75 .

sec.14

Discrimination in the pre-work area

sec.14 Discrimination in the pre-work area

A person must not discriminate— in the arrangements made for deciding who should be offered work; or in deciding who should be offered work; or in the terms of work that is offered, including, for example, a term about when the work will end because of a person’s age; or in failing to offer work; or by denying a person seeking work access to a guidance program, an apprenticeship training program or other occupational training or retraining program; or in developing the scope or range of such a program. s 14 amd 1994 No. 29 s 5 ; 1999 No. 33 s 747 sch 3 ; 2007 No. 37 s 6

(a) in the arrangements made for deciding who should be offered work; or
(b) in deciding who should be offered work; or
(c) in the terms of work that is offered, including, for example, a term about when the work will end because of a person’s age; or
(d) in failing to offer work; or
(e) by denying a person seeking work access to a guidance program, an apprenticeship training program or other occupational training or retraining program; or
(f) in developing the scope or range of such a program.

sec.15

Discrimination in work area

sec.15 Discrimination in work area

A person must not discriminate— in any variation of the terms of work; or in denying or limiting access to opportunities for promotion, transfer, training or other benefit to a worker; or in dismissing a worker; or by denying access to a guidance program, an apprenticeship training program or other occupational training or retraining program; or in developing the scope or range of such a program; or by treating a worker unfavourably in any way in connection with work. In this section— dismissing includes ending the particular work of a person by forced retirement, failure to provide work or otherwise. s 15 amd 1994 No. 29 s 6 ; 1999 No. 33 s 747 sch 3 ; 2007 No. 37 s 7 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment) (sec.15-ssec.1) A person must not discriminate— in any variation of the terms of work; or in denying or limiting access to opportunities for promotion, transfer, training or other benefit to a worker; or in dismissing a worker; or by denying access to a guidance program, an apprenticeship training program or other occupational training or retraining program; or in developing the scope or range of such a program; or by treating a worker unfavourably in any way in connection with work. (sec.15-ssec.2) In this section— dismissing includes ending the particular work of a person by forced retirement, failure to provide work or otherwise.

(a) in any variation of the terms of work; or
(b) in denying or limiting access to opportunities for promotion, transfer, training or other benefit to a worker; or
(c) in dismissing a worker; or
(d) by denying access to a guidance program, an apprenticeship training program or other occupational training or retraining program; or
(e) in developing the scope or range of such a program; or
(f) by treating a worker unfavourably in any way in connection with work.

sec.15A

Discrimination by principals

sec.15A Discrimination by principals

This section applies if a person (the worker ) does work, or is to do work, for another person (the principal ) under or because of— a contract between the principal and a third person; or another arrangement, or a series of arrangements, involving the principal and a third person, whether or not the arrangement or series of arrangements also involves other persons. The principal must not discriminate against the worker— in the terms in which the principal allows the worker to work; or by not allowing the worker to work or continue to work; or by denying or limiting access by the worker to any benefits connected with the work; or by treating the worker unfavourably in any way in connection with the work. This section does not limit section 15 . s 15A ins 2001 No. 35 s 6 amd 2005 No. 70 s 17 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment) (sec.15A-ssec.1) This section applies if a person (the worker ) does work, or is to do work, for another person (the principal ) under or because of— a contract between the principal and a third person; or another arrangement, or a series of arrangements, involving the principal and a third person, whether or not the arrangement or series of arrangements also involves other persons. (sec.15A-ssec.2) The principal must not discriminate against the worker— in the terms in which the principal allows the worker to work; or by not allowing the worker to work or continue to work; or by denying or limiting access by the worker to any benefits connected with the work; or by treating the worker unfavourably in any way in connection with the work. (sec.15A-ssec.3) This section does not limit section 15 .

(a) a contract between the principal and a third person; or
(b) another arrangement, or a series of arrangements, involving the principal and a third person, whether or not the arrangement or series of arrangements also involves other persons.
(a) in the terms in which the principal allows the worker to work; or
(b) by not allowing the worker to work or continue to work; or
(c) by denying or limiting access by the worker to any benefits connected with the work; or
(d) by treating the worker unfavourably in any way in connection with the work.

sec.16

Discrimination by proposed partnership in pre-partnership area

sec.16 Discrimination by proposed partnership in pre-partnership area

Six or more people who propose to form themselves into a partnership must not discriminate— in deciding who should be invited to become a partner; or in the terms on which a person is invited to become a partner.

(a) in deciding who should be invited to become a partner; or
(b) in the terms on which a person is invited to become a partner.

sec.17

Discrimination by existing partnership in pre-partnership area

sec.17 Discrimination by existing partnership in pre-partnership area

A partner in a partnership that consists of 6 or more people must not discriminate— in deciding who should be invited to become a partner; or in the terms on which a person is invited to become a partner.

(a) in deciding who should be invited to become a partner; or
(b) in the terms on which a person is invited to become a partner.

sec.18

Discrimination by existing partnership in partnership area

sec.18 Discrimination by existing partnership in partnership area

A partner in a partnership that consists of 6 or more people must not discriminate— in any variation of the terms of the partnership; or in denying or limiting access by another partner to any benefit arising from the partnership; or in expelling another partner from the partnership; or by treating another partner unfavourably in any way in connection with the partnership. s 18 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment)

(a) in any variation of the terms of the partnership; or
(b) in denying or limiting access by another partner to any benefit arising from the partnership; or
(c) in expelling another partner from the partnership; or
(d) by treating another partner unfavourably in any way in connection with the partnership.

sec.19

Discrimination by industrial, professional, trade or business organisation in pre-membership area

sec.19 Discrimination by industrial, professional, trade or business organisation in pre-membership area

An organisation of workers, employers, or people who carry on an industry, profession, trade or business must not discriminate— in failing to accept a person’s application for membership of the organisation; or in the arrangements made for deciding who may join; or in deciding who may join; or in the terms on which a person may join. Subsection (1) does not apply to discrimination on the basis of trade union activity if the Industrial Relations Act 2016 , chapter 12 , part 9 , division 2 or part 10 applies. s 19 amd 1999 No. 33 s 747 sch 3 ; 2016 No. 63 s 1157 sch 6 amd 2024 No. 47 s 8 (uncommenced amendment) (sec.19-ssec.1) An organisation of workers, employers, or people who carry on an industry, profession, trade or business must not discriminate— in failing to accept a person’s application for membership of the organisation; or in the arrangements made for deciding who may join; or in deciding who may join; or in the terms on which a person may join. (sec.19-ssec.2) Subsection (1) does not apply to discrimination on the basis of trade union activity if the Industrial Relations Act 2016 , chapter 12 , part 9 , division 2 or part 10 applies.

(a) in failing to accept a person’s application for membership of the organisation; or
(b) in the arrangements made for deciding who may join; or
(c) in deciding who may join; or
(d) in the terms on which a person may join.

sec.20

Discrimination by industrial, professional, trade or business organisation in membership area

sec.20 Discrimination by industrial, professional, trade or business organisation in membership area

An organisation of workers, employers, or people who carry on an industry, profession, trade or business must not discriminate— in any variation of the terms of membership of the organisation; or in denying or limiting access to any benefit arising from the membership; or in depriving a person of membership; or by treating a person unfavourably in any way in connection with the membership. Subsection (1) does not apply to discrimination on the basis of trade union activity if the Industrial Relations Act 2016 , chapter 12 , part 9 , division 2 or part 10 applies. s 20 amd 1999 No. 33 s 747 sch 3 ; 2016 No. 63 s 1157 sch 6 amd 2024 No. 47 ss 3 sch 1 , 9 (uncommenced amendment) (sec.20-ssec.1) An organisation of workers, employers, or people who carry on an industry, profession, trade or business must not discriminate— in any variation of the terms of membership of the organisation; or in denying or limiting access to any benefit arising from the membership; or in depriving a person of membership; or by treating a person unfavourably in any way in connection with the membership. (sec.20-ssec.2) Subsection (1) does not apply to discrimination on the basis of trade union activity if the Industrial Relations Act 2016 , chapter 12 , part 9 , division 2 or part 10 applies.

(a) in any variation of the terms of membership of the organisation; or
(b) in denying or limiting access to any benefit arising from the membership; or
(c) in depriving a person of membership; or
(d) by treating a person unfavourably in any way in connection with the membership.

sec.21

Discrimination by qualifying body in pre-qualification area

sec.21 Discrimination by qualifying body in pre-qualification area

A person who has power to grant, renew or extend a qualification or authorisation that (whether by itself or together with other qualifications or authorisations) is needed for, or facilitates, the practice of a profession, or the carrying on of a trade or business must not discriminate— in granting, renewing or extending a qualification or authorisation or failing to do so; or in the terms on which a qualification or authorisation is granted, renewed or extended. s 21 amd 2024 No. 47 s 10 (uncommenced amendment)

(a) in granting, renewing or extending a qualification or authorisation or failing to do so; or
(b) in the terms on which a qualification or authorisation is granted, renewed or extended.

sec.22

Discrimination by qualifying body in qualification area

sec.22 Discrimination by qualifying body in qualification area

A person who has power to grant, renew or extend a qualification or authorisation that (whether by itself or together with other qualifications or authorisations) is needed for, or facilitates, the practice of a profession, or the carrying on of a trade or business must not discriminate against another person— in any variation of the terms on which a qualification or authorisation was granted, renewed or extended; or in revoking or withdrawing a qualification or authorisation or failing to do so; or by treating the other person unfavourably in any way in connection with the grant, renewal or extension of a qualification or authorisation. s 22 amd 2024 No. 47 ss 3 sch 1 , 11 (uncommenced amendment)

(a) in any variation of the terms on which a qualification or authorisation was granted, renewed or extended; or
(b) in revoking or withdrawing a qualification or authorisation or failing to do so; or
(c) by treating the other person unfavourably in any way in connection with the grant, renewal or extension of a qualification or authorisation.

sec.23

Discrimination in employment agency area

sec.23 Discrimination in employment agency area

A person who carries on a business (whether or not for reward or profit) of introducing people seeking work to employers must not discriminate— by failing to supply a service of the business, whether to a person seeking work or an employer seeking a worker; or in the terms on which a service is offered or supplied; or in the way in which a service is supplied; or by treating a person seeking work or an employer seeking a worker unfavourably in any way in connection with a service. s 23 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment)

(a) by failing to supply a service of the business, whether to a person seeking work or an employer seeking a worker; or
(b) in the terms on which a service is offered or supplied; or
(c) in the way in which a service is supplied; or
(d) by treating a person seeking work or an employer seeking a worker unfavourably in any way in connection with a service.

sec.24

Explanatory provision (exemptions)

sec.24 Explanatory provision (exemptions)

It is not unlawful to discriminate in the work or work-related area if an exemption in sections 25 to 36 or part 5 applies.

sec.25

Genuine occupational requirements

sec.25 Genuine occupational requirements

A person may impose genuine occupational requirements for a position. selecting an actor for a dramatic performance on the basis of age, race or sex for reasons of authenticity using membership of a particular political party as a criterion for a position as an adviser to a political party or a worker in the office of a member of Parliament considering only women applicants for a position involving body searches of women employing persons of a particular religion to teach in a school established for students of the particular religion Subsection (3) applies in relation to— work for an educational institution (an employer ) under the direction or control of a body established for religious purposes; or any other work for a body established for religious purposes (also an employer ) if the work genuinely and necessarily involves adhering to and communicating the body’s religious beliefs. It is not unlawful for an employer to discriminate with respect to a matter that is otherwise prohibited under section 14 or 15 , in a way that is not unreasonable, against a person if— the person openly acts in a way that the person knows or ought reasonably to know is contrary to the employer’s religious beliefs— during a selection process; or in the course of the person’s work; or in doing something connected with the person’s work; and A staff member openly acts in a way contrary to a requirement imposed by the staff member’s employer in his or her contract of employment, that the staff member abstain from acting in a way openly contrary to the employer’s religious beliefs in the course of, or in connection with the staff member’s employment. it is a genuine occupational requirement of the employer that the person, in the course of, or in connection with, the person’s work, act in a way consistent with the employer’s religious beliefs. Subsection (3) does not authorise the seeking of information contrary to section 124 . For subsection (3) , whether the discrimination is not unreasonable depends on all the circumstances of the case, including, for example, the following— whether the action taken or proposed to be taken by the employer is harsh or unjust or disproportionate to the person’s actions; the consequences for both the person and the employer should the discrimination happen or not happen. Subsection (3) does not apply to discrimination on the basis of age, race or impairment. To remove any doubt, it is declared that subsection (3) does not affect a provision of an agreement with respect to work to which subsection (3) applies, under which the employer agrees not to discriminate in a particular way. In this section— religion includes religious affiliation, beliefs and activities. selection process means a process the purpose of which is to consider whether to offer a person work. s 25 amd 2002 No. 74 s 15 (sec.25-ssec.1) A person may impose genuine occupational requirements for a position. selecting an actor for a dramatic performance on the basis of age, race or sex for reasons of authenticity using membership of a particular political party as a criterion for a position as an adviser to a political party or a worker in the office of a member of Parliament considering only women applicants for a position involving body searches of women employing persons of a particular religion to teach in a school established for students of the particular religion (sec.25-ssec.2) Subsection (3) applies in relation to— work for an educational institution (an employer ) under the direction or control of a body established for religious purposes; or any other work for a body established for religious purposes (also an employer ) if the work genuinely and necessarily involves adhering to and communicating the body’s religious beliefs. (sec.25-ssec.3) It is not unlawful for an employer to discriminate with respect to a matter that is otherwise prohibited under section 14 or 15 , in a way that is not unreasonable, against a person if— the person openly acts in a way that the person knows or ought reasonably to know is contrary to the employer’s religious beliefs— during a selection process; or in the course of the person’s work; or in doing something connected with the person’s work; and A staff member openly acts in a way contrary to a requirement imposed by the staff member’s employer in his or her contract of employment, that the staff member abstain from acting in a way openly contrary to the employer’s religious beliefs in the course of, or in connection with the staff member’s employment. it is a genuine occupational requirement of the employer that the person, in the course of, or in connection with, the person’s work, act in a way consistent with the employer’s religious beliefs. (sec.25-ssec.4) Subsection (3) does not authorise the seeking of information contrary to section 124 . (sec.25-ssec.5) For subsection (3) , whether the discrimination is not unreasonable depends on all the circumstances of the case, including, for example, the following— whether the action taken or proposed to be taken by the employer is harsh or unjust or disproportionate to the person’s actions; the consequences for both the person and the employer should the discrimination happen or not happen. (sec.25-ssec.6) Subsection (3) does not apply to discrimination on the basis of age, race or impairment. (sec.25-ssec.7) To remove any doubt, it is declared that subsection (3) does not affect a provision of an agreement with respect to work to which subsection (3) applies, under which the employer agrees not to discriminate in a particular way. (sec.25-ssec.8) In this section— religion includes religious affiliation, beliefs and activities. selection process means a process the purpose of which is to consider whether to offer a person work.

(a) work for an educational institution (an employer ) under the direction or control of a body established for religious purposes; or
(b) any other work for a body established for religious purposes (also an employer ) if the work genuinely and necessarily involves adhering to and communicating the body’s religious beliefs.
(a) the person openly acts in a way that the person knows or ought reasonably to know is contrary to the employer’s religious beliefs— (i) during a selection process; or (ii) in the course of the person’s work; or (iii) in doing something connected with the person’s work; and Example for paragraph (a) — A staff member openly acts in a way contrary to a requirement imposed by the staff member’s employer in his or her contract of employment, that the staff member abstain from acting in a way openly contrary to the employer’s religious beliefs in the course of, or in connection with the staff member’s employment.
(i) during a selection process; or
(ii) in the course of the person’s work; or
(iii) in doing something connected with the person’s work; and
(b) it is a genuine occupational requirement of the employer that the person, in the course of, or in connection with, the person’s work, act in a way consistent with the employer’s religious beliefs.
(i) during a selection process; or
(ii) in the course of the person’s work; or
(iii) in doing something connected with the person’s work; and
(a) whether the action taken or proposed to be taken by the employer is harsh or unjust or disproportionate to the person’s actions;
(b) the consequences for both the person and the employer should the discrimination happen or not happen.

sec.26

Residential domestic services

sec.26 Residential domestic services

It is not unlawful for a person to discriminate— in the arrangements made for deciding who should be offered work; or in deciding who should be offered work; or in failing to offer work; or in dismissing a worker; if the work is to perform domestic services at the person’s home. Subsection (1) does not apply to discrimination on the basis of race. (sec.26-ssec.1) It is not unlawful for a person to discriminate— in the arrangements made for deciding who should be offered work; or in deciding who should be offered work; or in failing to offer work; or in dismissing a worker; if the work is to perform domestic services at the person’s home. (sec.26-ssec.2) Subsection (1) does not apply to discrimination on the basis of race.

(a) in the arrangements made for deciding who should be offered work; or
(b) in deciding who should be offered work; or
(c) in failing to offer work; or
(d) in dismissing a worker;

sec.27

Residential childcare services

sec.27 Residential childcare services

It is not unlawful for a person to discriminate— in the arrangements made for deciding who should be offered work; or in deciding who should be offered work; or in failing to offer work; or in dismissing a worker; if the work is to care for the person’s children at the person’s home. Subsection (1) does not apply to discrimination on the basis of race. (sec.27-ssec.1) It is not unlawful for a person to discriminate— in the arrangements made for deciding who should be offered work; or in deciding who should be offered work; or in failing to offer work; or in dismissing a worker; if the work is to care for the person’s children at the person’s home. (sec.27-ssec.2) Subsection (1) does not apply to discrimination on the basis of race.

(a) in the arrangements made for deciding who should be offered work; or
(b) in deciding who should be offered work; or
(c) in failing to offer work; or
(d) in dismissing a worker;

sec.28

Section sec.28

s 28 amd 2002 No. 74 s 16 om 2023 No. 17 s 153

sec.29

Section sec.29

s 29 om 2002 No. 74 s 17

sec.30

Single sex accommodation

sec.30 Single sex accommodation

It is not unlawful for a person to discriminate on the basis of sex against another person with respect to a matter that is otherwise prohibited under subdivision 1 if the other person is required to live in accommodation supplied by the first person and— the accommodation is not equipped with separate sleeping accommodation for people of each sex; and the accommodation is already occupied by a person or people of one sex and is not occupied by anyone of the opposite sex; and the supply of separate sleeping accommodation for people of each sex would impose unjustifiable hardship on the first person. Whether the supply of separate sleeping accommodation for people of each sex would impose unjustifiable hardship on a person depends on all the relevant circumstances of the case, including, for example— the nature of the accommodation; and the cost of supplying the separate sleeping accommodation and the number of people who would benefit or be disadvantaged; and the financial circumstances of the person; and the disruption that supplying the separate sleeping accommodation might cause; and the nature of any benefit or detriment to all people concerned. (sec.30-ssec.1) It is not unlawful for a person to discriminate on the basis of sex against another person with respect to a matter that is otherwise prohibited under subdivision 1 if the other person is required to live in accommodation supplied by the first person and— the accommodation is not equipped with separate sleeping accommodation for people of each sex; and the accommodation is already occupied by a person or people of one sex and is not occupied by anyone of the opposite sex; and the supply of separate sleeping accommodation for people of each sex would impose unjustifiable hardship on the first person. (sec.30-ssec.2) Whether the supply of separate sleeping accommodation for people of each sex would impose unjustifiable hardship on a person depends on all the relevant circumstances of the case, including, for example— the nature of the accommodation; and the cost of supplying the separate sleeping accommodation and the number of people who would benefit or be disadvantaged; and the financial circumstances of the person; and the disruption that supplying the separate sleeping accommodation might cause; and the nature of any benefit or detriment to all people concerned.

(a) the accommodation is not equipped with separate sleeping accommodation for people of each sex; and
(b) the accommodation is already occupied by a person or people of one sex and is not occupied by anyone of the opposite sex; and
(c) the supply of separate sleeping accommodation for people of each sex would impose unjustifiable hardship on the first person.
(a) the nature of the accommodation; and
(b) the cost of supplying the separate sleeping accommodation and the number of people who would benefit or be disadvantaged; and
(c) the financial circumstances of the person; and
(d) the disruption that supplying the separate sleeping accommodation might cause; and
(e) the nature of any benefit or detriment to all people concerned.

sec.31

Workers are to be married couple

sec.31 Workers are to be married couple

It is not unlawful for a person to discriminate on the basis of relationship status— in the arrangements made for deciding who should be offered work; or in deciding who should be offered work; or in the terms of work that is offered; or in failing to offer work; or in dismissing a worker; if— the work is for one of 2 positions that the person wants held concurrently by— a married couple; or 2 persons each of whom is the de facto partner of the other; or 2 persons each of whom is the civil partner of the other; and the workers are required to live in accommodation supplied by the person. s 31 amd 2002 No. 74 s 90 sch ; 2011 No. 46 s 42 ; 2012 No. 12 s 59 sch ; 2015 No. 33 s 52 (3) sch pt 3

(a) in the arrangements made for deciding who should be offered work; or
(b) in deciding who should be offered work; or
(c) in the terms of work that is offered; or
(d) in failing to offer work; or
(e) in dismissing a worker;
(f) the work is for one of 2 positions that the person wants held concurrently by— (i) a married couple; or (ii) 2 persons each of whom is the de facto partner of the other; or (iii) 2 persons each of whom is the civil partner of the other; and
(i) a married couple; or
(ii) 2 persons each of whom is the de facto partner of the other; or
(iii) 2 persons each of whom is the civil partner of the other; and
(g) the workers are required to live in accommodation supplied by the person.
(i) a married couple; or
(ii) 2 persons each of whom is the de facto partner of the other; or
(iii) 2 persons each of whom is the civil partner of the other; and

sec.32

Retiring age for partners

sec.32 Retiring age for partners

It is not unlawful in deciding who should be invited to become a partner in a partnership for a person to discriminate on the basis of age against someone else through a requirement that the other person— must not be more than a specified age; or must retire from a partnership at a specified age. It is not unlawful in any variation of the terms of a partnership for a person to discriminate on the basis of age against someone else through a requirement that the other person— must not be more than a specified age; or must retire from a partnership at a specified age. s 32 amd 1992 No. 59 s 3 sub 1994 No. 29 s 7 amd 1999 No. 33 s 747 sch 3 ; 2010 No. 42 s 214 sch ; 2016 No. 63 s 1157 sch 6 (sec.32-ssec.1) It is not unlawful in deciding who should be invited to become a partner in a partnership for a person to discriminate on the basis of age against someone else through a requirement that the other person— must not be more than a specified age; or must retire from a partnership at a specified age. (sec.32-ssec.2) It is not unlawful in any variation of the terms of a partnership for a person to discriminate on the basis of age against someone else through a requirement that the other person— must not be more than a specified age; or must retire from a partnership at a specified age.

(a) must not be more than a specified age; or
(b) must retire from a partnership at a specified age.
(a) must not be more than a specified age; or
(b) must retire from a partnership at a specified age.

sec.33

Youth wages

sec.33 Youth wages

A person may remunerate a worker who is under 21 years of age according to the worker’s age.

sec.34

Special terms if job capacity is restricted by impairment

sec.34 Special terms if job capacity is restricted by impairment

A person may fix reasonable terms in relation to the holder or prospective holder of a position who, because of an impairment— has a restricted capacity to do work genuinely and reasonably required for the position; or requires special conditions in order to be able to do the work.

(a) has a restricted capacity to do work genuinely and reasonably required for the position; or
(b) requires special conditions in order to be able to do the work.

sec.35

Special services or facilities required

sec.35 Special services or facilities required

It is not unlawful for a person to discriminate on the basis of impairment against another person with respect to a matter that is otherwise prohibited under subdivision 1 if— the other person would require special services or facilities; and the supply of special services or facilities would impose unjustifiable hardship on the first person. Whether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5 . (sec.35-ssec.1) It is not unlawful for a person to discriminate on the basis of impairment against another person with respect to a matter that is otherwise prohibited under subdivision 1 if— the other person would require special services or facilities; and the supply of special services or facilities would impose unjustifiable hardship on the first person. (sec.35-ssec.2) Whether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5 .

(a) the other person would require special services or facilities; and
(b) the supply of special services or facilities would impose unjustifiable hardship on the first person.

sec.36

Circumstances of impairment

sec.36 Circumstances of impairment

It is not unlawful for a person to discriminate on the basis of impairment against another person with respect to a matter that is otherwise prohibited under subdivision 1 if the circumstances of the impairment would impose unjustifiable hardship on the first person. Whether the circumstances of the impairment would impose unjustifiable hardship on a person depends on all the relevant circumstances of the case, including, for example— the nature of the impairment; and the nature of the work or partnership. (sec.36-ssec.1) It is not unlawful for a person to discriminate on the basis of impairment against another person with respect to a matter that is otherwise prohibited under subdivision 1 if the circumstances of the impairment would impose unjustifiable hardship on the first person. (sec.36-ssec.2) Whether the circumstances of the impairment would impose unjustifiable hardship on a person depends on all the relevant circumstances of the case, including, for example— the nature of the impairment; and the nature of the work or partnership.

(a) the nature of the impairment; and
(b) the nature of the work or partnership.

ch.2-pt.4-div.3

Education area

sec.37

Explanatory provision (prohibitions)

sec.37 Explanatory provision (prohibitions)

An educational authority must not discriminate in the education area if a prohibition in section 38 or 39 applies.

sec.38

Discrimination by educational authority in prospective student area

sec.38 Discrimination by educational authority in prospective student area

An educational authority must not discriminate— in failing to accept a person’s application for admission as a student; or in the way in which a person’s application is processed; or in the arrangements made for, or the criteria used in, deciding who should be offered admission as a student; or in the terms on which a person is admitted as a student.

(a) in failing to accept a person’s application for admission as a student; or
(b) in the way in which a person’s application is processed; or
(c) in the arrangements made for, or the criteria used in, deciding who should be offered admission as a student; or
(d) in the terms on which a person is admitted as a student.

sec.39

Discrimination by educational authority in student area

sec.39 Discrimination by educational authority in student area

An educational authority must not discriminate— in any variation of the terms of a student’s enrolment; or by denying or limiting access to any benefit arising from the enrolment that is supplied by the authority; or by excluding a student; or by treating a student unfavourably in any way in connection with the student’s training or instruction. s 39 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment)

(a) in any variation of the terms of a student’s enrolment; or
(b) by denying or limiting access to any benefit arising from the enrolment that is supplied by the authority; or
(c) by excluding a student; or
(d) by treating a student unfavourably in any way in connection with the student’s training or instruction.

sec.40

Explanatory provision (exemptions)

sec.40 Explanatory provision (exemptions)

It is not unlawful for an educational authority to discriminate in the education area if an exemption in sections 41 to 44 or part 5 applies.

sec.41

Single sex, religion, etc. educational institution

sec.41 Single sex, religion, etc. educational institution

An educational authority that operates, or proposes to operate, an educational institution wholly or mainly for students of a particular sex or religion, or who have a general or specific impairment may exclude— applicants who are not of the particular sex or religion; or applicants who do not have a general, or the specific, impairment.

(a) applicants who are not of the particular sex or religion; or
(b) applicants who do not have a general, or the specific, impairment.

sec.42

Section sec.42

s 42 om 2002 No. 4 s 18

sec.43

Age-based admission scheme

sec.43 Age-based admission scheme

An educational authority may select students for an education program on the basis of an admission scheme that has a minimum qualifying age.

sec.44

Special services or facilities required

sec.44 Special services or facilities required

Subject to the Education (General Provisions) Act 2006 , it is not unlawful for an educational authority to discriminate on the basis of impairment against a person with respect to a matter that is otherwise prohibited under subdivision 1 if— the person would require special services or facilities; and the supply of special services or facilities would impose unjustifiable hardship on the educational authority. Whether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5 . s 44 amd 2006 No. 39 s 512 (1) sch 1 (sec.44-ssec.1) Subject to the Education (General Provisions) Act 2006 , it is not unlawful for an educational authority to discriminate on the basis of impairment against a person with respect to a matter that is otherwise prohibited under subdivision 1 if— the person would require special services or facilities; and the supply of special services or facilities would impose unjustifiable hardship on the educational authority. (sec.44-ssec.2) Whether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5 .

(a) the person would require special services or facilities; and
(b) the supply of special services or facilities would impose unjustifiable hardship on the educational authority.

ch.2-pt.4-div.4

Goods and services area

sec.45

Explanatory provision (prohibition)

sec.45 Explanatory provision (prohibition)

A person must not discriminate in the goods and services area if the prohibition in section 46 applies. This subdivision does not apply to discrimination in connection with superannuation or insurance. Discrimination in connection with superannuation or insurance is dealt with in sections 52 to 75 . (sec.45-ssec.1) A person must not discriminate in the goods and services area if the prohibition in section 46 applies. (sec.45-ssec.2) This subdivision does not apply to discrimination in connection with superannuation or insurance. (sec.45-ssec.3) Discrimination in connection with superannuation or insurance is dealt with in sections 52 to 75 .

sec.45A

Section sec.45A

s 45A ins 2002 No. 74 s 19 amd 2002 No. 74 s 90 sch om 2024 No. 46 s 155

sec.46

Discrimination in goods and services area

sec.46 Discrimination in goods and services area

A person who supplies goods or services (whether or not for reward or profit) must not discriminate against another person— by failing to supply the goods or services; or in the terms on which goods or services are supplied; or in the way in which goods or services are supplied; or by treating the other person unfavourably in any way in connection with the supply of goods and services. In this section, a reference to a person who supplies goods and services does not include an association that— is established for social, literary, cultural, political, sporting, athletic, recreational, community service or any other similar lawful purposes; and does not carry out its purposes for the purpose of making a profit. s 46 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment) (sec.46-ssec.1) A person who supplies goods or services (whether or not for reward or profit) must not discriminate against another person— by failing to supply the goods or services; or in the terms on which goods or services are supplied; or in the way in which goods or services are supplied; or by treating the other person unfavourably in any way in connection with the supply of goods and services. (sec.46-ssec.2) In this section, a reference to a person who supplies goods and services does not include an association that— is established for social, literary, cultural, political, sporting, athletic, recreational, community service or any other similar lawful purposes; and does not carry out its purposes for the purpose of making a profit.

(a) by failing to supply the goods or services; or
(b) in the terms on which goods or services are supplied; or
(c) in the way in which goods or services are supplied; or
(d) by treating the other person unfavourably in any way in connection with the supply of goods and services.
(a) is established for social, literary, cultural, political, sporting, athletic, recreational, community service or any other similar lawful purposes; and
(b) does not carry out its purposes for the purpose of making a profit.

sec.47

Explanatory provision (exemptions)

sec.47 Explanatory provision (exemptions)

It is not unlawful to discriminate in the goods and services area if an exemption in sections 48 to 51 or part 5 applies.

sec.48

Sites of cultural or religious significance

sec.48 Sites of cultural or religious significance

A person may restrict access to land or a building of cultural or religious significance by people who are not of a particular sex, age, race or religion if the restriction— is in accordance with the culture concerned or the doctrine of the religion concerned; and is necessary to avoid offending the cultural or religious sensitivities of people of the culture or religion.

(a) is in accordance with the culture concerned or the doctrine of the religion concerned; and
(b) is necessary to avoid offending the cultural or religious sensitivities of people of the culture or religion.

sec.49

Age-based benefits

sec.49 Age-based benefits

A person may supply benefits and concessions on the basis of age with respect to a matter that is otherwise prohibited under subdivision 1 . A bus operator may give travel concessions to people under the age of 12 or over the age of 70. The Government may supply, on an age basis, Seniors’ Cards that give entitlements to concessions.

sec.50

Children to be accompanied by an adult

sec.50 Children to be accompanied by an adult

A person may require, as a term of supplying goods and services to a minor, that a minor be accompanied by an adult if there would be a reasonable risk that a minor may cause a disruption or endanger himself or herself or others if not accompanied by an adult. The operator of a rifle range may require a minor who wants to use the range to be accompanied by an adult.

sec.51

Special services or facilities required

sec.51 Special services or facilities required

It is not unlawful for a person to discriminate on the basis of impairment against another person with respect to a matter that is otherwise prohibited under subdivision 1 if— the other person would require special services or facilities; and the supply of special services or facilities would impose unjustifiable hardship on the person supplying the goods or services. Whether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5 . (sec.51-ssec.1) It is not unlawful for a person to discriminate on the basis of impairment against another person with respect to a matter that is otherwise prohibited under subdivision 1 if— the other person would require special services or facilities; and the supply of special services or facilities would impose unjustifiable hardship on the person supplying the goods or services. (sec.51-ssec.2) Whether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5 .

(a) the other person would require special services or facilities; and
(b) the supply of special services or facilities would impose unjustifiable hardship on the person supplying the goods or services.

ch.2-pt.4-div.5

Superannuation area

sec.52

Explanatory provision (prohibitions)

sec.52 Explanatory provision (prohibitions)

A person must not discriminate in the superannuation area if a prohibition in sections 53 to 57 applies.

sec.53

Discrimination in superannuation area (goods and services)

sec.53 Discrimination in superannuation area (goods and services)

A person must not discriminate— by failing to supply superannuation; or in the terms on which superannuation is supplied; or in the way in which superannuation is supplied.

(a) by failing to supply superannuation; or
(b) in the terms on which superannuation is supplied; or
(c) in the way in which superannuation is supplied.

sec.54

Discrimination in superannuation area (pre-work)

sec.54 Discrimination in superannuation area (pre-work)

A person must not discriminate against another person, who is seeking work with the person, in the terms of any work that is offered that relate to superannuation.

sec.55

Discrimination in superannuation area (work)

sec.55 Discrimination in superannuation area (work)

A person must not discriminate against another person who works for the person— in any variation of the terms of the work that relate to superannuation; or in denying or limiting the other person’s access to any benefit to a worker that relates to superannuation; or by treating the other person unfavourably in any way in connection with superannuation. s 55 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment)

(a) in any variation of the terms of the work that relate to superannuation; or
(b) in denying or limiting the other person’s access to any benefit to a worker that relates to superannuation; or
(c) by treating the other person unfavourably in any way in connection with superannuation.

sec.56

Discrimination in superannuation area (pre-partnership)

sec.56 Discrimination in superannuation area (pre-partnership)

A person must not discriminate against another person, who is invited to become a partner of the person in a partnership that consists, or will consist, of 6 or more people, in the terms relating to superannuation on which the other person is invited to become a partner.

sec.57

Discrimination in superannuation area (partnership)

sec.57 Discrimination in superannuation area (partnership)

A partner in a partnership that consists of 6 or more people must not discriminate against another partner— in any variation of the terms of the partnership that relate to superannuation; or in denying or limiting the other partner’s access to any benefit arising from the partnership that relates to superannuation; or by treating the other partner unfavourably in any way in connection with superannuation. s 57 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment)

(a) in any variation of the terms of the partnership that relate to superannuation; or
(b) in denying or limiting the other partner’s access to any benefit arising from the partnership that relates to superannuation; or
(c) by treating the other partner unfavourably in any way in connection with superannuation.

sec.58

Explanatory provision (exemptions)

sec.58 Explanatory provision (exemptions)

It is not unlawful to discriminate in the superannuation area if an exemption in sections 59 to 65 or part 5 applies.

sec.59

Commonwealth exemption (sex or relationship status)

sec.59 Commonwealth exemption (sex or relationship status)

It is not unlawful to discriminate on the basis of sex or relationship status with respect to a matter that is otherwise prohibited under subdivision 1 if the discrimination is permitted under the Sex Discrimination Act 1984 (Cwlth) . s 59 amd 2002 No. 74 s 90 sch

sec.60

Retention of existing superannuation fund conditions (age or impairment)

sec.60 Retention of existing superannuation fund conditions (age or impairment)

It is not unlawful to discriminate on the basis of age or impairment by retaining an existing superannuation fund condition in relation to a person who became a member of the fund before the commencement of section 53 . In this section— existing superannuation fund condition means a superannuation fund condition in existence at the commencement of section 53 . (sec.60-ssec.1) It is not unlawful to discriminate on the basis of age or impairment by retaining an existing superannuation fund condition in relation to a person who became a member of the fund before the commencement of section 53 . (sec.60-ssec.2) In this section— existing superannuation fund condition means a superannuation fund condition in existence at the commencement of section 53 .

sec.61

New superannuation fund conditions—actuarial or statistical data (age or impairment)

sec.61 New superannuation fund conditions—actuarial or statistical data (age or impairment)

It is not unlawful for a person to discriminate on the basis of age or impairment by imposing a superannuation fund condition after the commencement of section 53 in relation to another person, irrespective of— whether the superannuation fund was in existence before the commencement of section 53 ; and when the other person became, or becomes, a member of the fund; if— the condition is based on reasonable actuarial or statistical data from a source on which it is reasonable for the person to rely; and the condition is reasonable having regard to the data and any other relevant factors.

(a) whether the superannuation fund was in existence before the commencement of section 53 ; and
(b) when the other person became, or becomes, a member of the fund;
(c) the condition is based on reasonable actuarial or statistical data from a source on which it is reasonable for the person to rely; and
(d) the condition is reasonable having regard to the data and any other relevant factors.

sec.62

New superannuation fund conditions—other data (age or impairment)

sec.62 New superannuation fund conditions—other data (age or impairment)

It is not unlawful for a person to discriminate on the basis of age or impairment by imposing a superannuation fund condition after the commencement of section 53 in relation to another person, irrespective of— whether the superannuation fund was in existence before the commencement of section 53 ; and when the other person became, or becomes, a member of the fund; if— there is no reasonable actuarial or statistical data from a source on which it is reasonable for the person to rely; and the condition is based on other reasonable data from a source on which it is reasonable for the person to rely; and the condition is reasonable having regard to the other data and any other relevant factors.

(a) whether the superannuation fund was in existence before the commencement of section 53 ; and
(b) when the other person became, or becomes, a member of the fund;
(c) there is no reasonable actuarial or statistical data from a source on which it is reasonable for the person to rely; and
(d) the condition is based on other reasonable data from a source on which it is reasonable for the person to rely; and
(e) the condition is reasonable having regard to the other data and any other relevant factors.

sec.63

New superannuation fund conditions—no data (age or impairment)

sec.63 New superannuation fund conditions—no data (age or impairment)

It is not unlawful for a person to discriminate on the basis of age or impairment by imposing a superannuation fund condition after the commencement of section 53 in relation to another person, irrespective of— whether the superannuation fund was in existence before the commencement of section 53 ; and when the other person became, or becomes, a member of the fund; if— there is no reasonable actuarial, statistical or other data from a source on which it is reasonable for the person to rely; and the condition is reasonable having regard to any other relevant factors.

(a) whether the superannuation fund was in existence before the commencement of section 53 ; and
(b) when the other person became, or becomes, a member of the fund;
(c) there is no reasonable actuarial, statistical or other data from a source on which it is reasonable for the person to rely; and
(d) the condition is reasonable having regard to any other relevant factors.

sec.64

Application of Commonwealth occupational superannuation standard

sec.64 Application of Commonwealth occupational superannuation standard

It is not unlawful to discriminate on the basis of age or impairment with respect to a matter that is otherwise prohibited under subdivision 1 if the discrimination happens because of the application of a standard prescribed under the Superannuation Industry (Supervision) Act 1993 (Cwlth) . s 64 amd 1994 No. 29 s 8 ; 2002 No. 34 s 74 sch 6

sec.65

Compliance etc. with Commonwealth legislation

sec.65 Compliance etc. with Commonwealth legislation

It is not unlawful to discriminate on the basis of age or impairment with respect to a matter that is otherwise prohibited under subdivision 1 if the discrimination happens in order— to comply with a Commonwealth Act (other than the Superannuation Industry (Supervision) Act 1993 ); or to obtain a benefit or avoid a penalty under such an Act. s 65 amd 1994 No. 29 s 9 ; 2002 No. 34 s 74 sch 6

(a) to comply with a Commonwealth Act (other than the Superannuation Industry (Supervision) Act 1993 ); or
(b) to obtain a benefit or avoid a penalty under such an Act.

ch.2-pt.4-div.6

Insurance area

sec.66

Explanatory provision (prohibitions)

sec.66 Explanatory provision (prohibitions)

A person must not discriminate in the insurance area if a prohibition in sections 67 to 71 applies.

sec.67

Discrimination in insurance area (goods and services)

sec.67 Discrimination in insurance area (goods and services)

A person must not discriminate— by failing to supply insurance; or in the terms on which insurance is supplied; or in the way in which insurance is supplied.

(a) by failing to supply insurance; or
(b) in the terms on which insurance is supplied; or
(c) in the way in which insurance is supplied.

sec.68

Discrimination in insurance area (pre-work)

sec.68 Discrimination in insurance area (pre-work)

A person must not discriminate against another person, who is seeking work with the person, in the terms of any work that is offered that relate to insurance.

sec.69

Discrimination in insurance area (work)

sec.69 Discrimination in insurance area (work)

A person must not discriminate against another person who works for the person— in any variation of the terms of the work that relate to insurance; or in denying or limiting the other person’s access to any benefit to a worker that relates to insurance; or by treating the person unfavourably in any way in connection with insurance. s 69 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment)

(a) in any variation of the terms of the work that relate to insurance; or
(b) in denying or limiting the other person’s access to any benefit to a worker that relates to insurance; or
(c) by treating the person unfavourably in any way in connection with insurance.

sec.70

Discrimination in insurance area (pre-partnership)

sec.70 Discrimination in insurance area (pre-partnership)

A person must not discriminate against another person, who is invited to become a partner of the person in a partnership that consists, or will consist, of 6 or more people, in the terms relating to insurance on which the other person is invited to become a partner.

sec.71

Discrimination in insurance area (partnership)

sec.71 Discrimination in insurance area (partnership)

A partner in a partnership that consists of 6 or more people must not discriminate against another partner— in any variation of the terms of the partnership that relate to insurance; or in denying or limiting the other partner’s access to any benefit arising from the partnership that relates to insurance; or by treating the other partner unfavourably in any way in connection with insurance. s 71 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment)

(a) in any variation of the terms of the partnership that relate to insurance; or
(b) in denying or limiting the other partner’s access to any benefit arising from the partnership that relates to insurance; or
(c) by treating the other partner unfavourably in any way in connection with insurance.

sec.72

Explanatory provision (exemptions)

sec.72 Explanatory provision (exemptions)

It is not unlawful to discriminate in the insurance area if an exemption in sections 73 to 75 or part 5 applies.

sec.73

Commonwealth exemption (sex)

sec.73 Commonwealth exemption (sex)

It is not unlawful to discriminate on the basis of sex with respect to a matter that is otherwise prohibited under subdivision 1 if the discrimination is permitted under the Sex Discrimination Act 1984 (Cwlth) .

sec.74

Actuarial or statistical data (age or impairment)

sec.74 Actuarial or statistical data (age or impairment)

It is not unlawful for a person to discriminate on the basis of age or impairment with respect to a matter that is otherwise prohibited under subdivision 1 if the discrimination— is based on reasonable actuarial or statistical data from a source on which it is reasonable for the person to rely; and is reasonable having regard to the data and any other relevant factors.

(a) is based on reasonable actuarial or statistical data from a source on which it is reasonable for the person to rely; and
(b) is reasonable having regard to the data and any other relevant factors.

sec.75

No actuarial or statistical data (age or impairment)

sec.75 No actuarial or statistical data (age or impairment)

It is not unlawful for a person to discriminate on the basis of age or impairment with respect to a matter that is otherwise prohibited under subdivision 1 if— there is no reasonable actuarial or statistical data from a source on which it is reasonable for the person to rely; and the discrimination is reasonable having regard to any other relevant factors.

(a) there is no reasonable actuarial or statistical data from a source on which it is reasonable for the person to rely; and
(b) the discrimination is reasonable having regard to any other relevant factors.

ch.2-pt.4-div.7

Disposition of land area

sec.76

Explanatory provision (prohibition)

sec.76 Explanatory provision (prohibition)

A person must not discriminate in the disposition of land area if the prohibition in section 77 applies.

sec.77

Discrimination in disposition of land area

sec.77 Discrimination in disposition of land area

A person must not discriminate against another person— by failing to dispose of an interest in land to the other person; or in the terms on which an interest in land is offered to the other person.

(a) by failing to dispose of an interest in land to the other person; or
(b) in the terms on which an interest in land is offered to the other person.

sec.78

Explanatory provision (exemptions)

sec.78 Explanatory provision (exemptions)

It is not unlawful to discriminate in the disposition of land area if an exemption in section 79 or 80 or part 5 applies.

sec.79

Disposition by will or gift

sec.79 Disposition by will or gift

It is not unlawful to discriminate with respect to a matter that is otherwise prohibited under subdivision 1 if the discrimination is by way of a testamentary disposition or gift.

sec.80

Sites of cultural or religious significance

sec.80 Sites of cultural or religious significance

It is not unlawful to discriminate on the basis of sex, age, race or religion with respect to a matter that is otherwise prohibited under subdivision 1 if— the relevant interest in land is an interest in land or a building of cultural or religious significance; and the discrimination— is in accordance with the culture concerned or the doctrine of the religion concerned; and is necessary to avoid offending the cultural or religious sensitivities of people of the culture or religion.

(a) the relevant interest in land is an interest in land or a building of cultural or religious significance; and
(b) the discrimination— (i) is in accordance with the culture concerned or the doctrine of the religion concerned; and (ii) is necessary to avoid offending the cultural or religious sensitivities of people of the culture or religion.
(i) is in accordance with the culture concerned or the doctrine of the religion concerned; and
(ii) is necessary to avoid offending the cultural or religious sensitivities of people of the culture or religion.
(i) is in accordance with the culture concerned or the doctrine of the religion concerned; and
(ii) is necessary to avoid offending the cultural or religious sensitivities of people of the culture or religion.

ch.2-pt.4-div.8

Accommodation area

sec.81

Explanatory provision (prohibitions)

sec.81 Explanatory provision (prohibitions)

A person must not discriminate in the accommodation area if a prohibition in sections 82 to 85 applies.

sec.82

Discrimination in pre-accommodation area

sec.82 Discrimination in pre-accommodation area

A person must not discriminate against another person— by failing to accept an application for accommodation; or by failing to renew or extend the supply of accommodation; or in the way in which an application is processed; or in the terms on which accommodation is offered, renewed or extended.

(a) by failing to accept an application for accommodation; or
(b) by failing to renew or extend the supply of accommodation; or
(c) in the way in which an application is processed; or
(d) in the terms on which accommodation is offered, renewed or extended.

sec.83

Discrimination in accommodation area

sec.83 Discrimination in accommodation area

A person must not discriminate against another person— in any variation of the terms on which accommodation is supplied; or in denying or limiting access to any benefit associated with the accommodation; or in evicting the other person from the accommodation; or by treating the other person unfavourably in any way in connection with the accommodation. s 83 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment)

(a) in any variation of the terms on which accommodation is supplied; or
(b) in denying or limiting access to any benefit associated with the accommodation; or
(c) in evicting the other person from the accommodation; or
(d) by treating the other person unfavourably in any way in connection with the accommodation.

sec.84

Discrimination by refusing to allow reasonable alterations

sec.84 Discrimination by refusing to allow reasonable alterations

A person must not discriminate by refusing to allow another person with an impairment to alter accommodation to meet the other person’s special needs if— the alteration is at the expense of the other person; and the alteration does not require an alteration to the premises of another occupier; and the action required to restore the accommodation to its previous condition is reasonably practicable; and the other person undertakes to restore the accommodation to its previous condition before leaving it, and it is reasonably likely that the other person will do so.

(a) the alteration is at the expense of the other person; and
(b) the alteration does not require an alteration to the premises of another occupier; and
(c) the action required to restore the accommodation to its previous condition is reasonably practicable; and
(d) the other person undertakes to restore the accommodation to its previous condition before leaving it, and it is reasonably likely that the other person will do so.

sec.85

Discrimination by refusing to allow guide, hearing or assistance dog

sec.85 Discrimination by refusing to allow guide, hearing or assistance dog

A person must not discriminate by doing any of the following— refusing to rent accommodation to another person because the other person has an impairment and relies on a guide, hearing or assistance dog; requiring the other person to keep the dog elsewhere; requesting or requiring the other person to pay an extra charge because the dog lives at the accommodation. This section does not affect the liability of the person with the dog for any damage caused by the dog. s 85 amd 2009 No. 4 s 124 (1) sch 2 (sec.85-ssec.1) A person must not discriminate by doing any of the following— refusing to rent accommodation to another person because the other person has an impairment and relies on a guide, hearing or assistance dog; requiring the other person to keep the dog elsewhere; requesting or requiring the other person to pay an extra charge because the dog lives at the accommodation. (sec.85-ssec.2) This section does not affect the liability of the person with the dog for any damage caused by the dog.

(a) refusing to rent accommodation to another person because the other person has an impairment and relies on a guide, hearing or assistance dog;
(b) requiring the other person to keep the dog elsewhere;
(c) requesting or requiring the other person to pay an extra charge because the dog lives at the accommodation.

sec.86

Explanatory provision (exemptions)

sec.86 Explanatory provision (exemptions)

It is not unlawful to discriminate in the accommodation area if an exemption in sections 87 to 92 or part 5 applies.

sec.87

Shared accommodation

sec.87 Shared accommodation

It is not unlawful for a person to discriminate in deciding who is to reside in accommodation that— forms part of, and is intended to continue to form part of, the main home of the person or a near relative; and is for no more than 3 people other than a person mentioned in paragraph (a) or near relatives of such a person.

(a) forms part of, and is intended to continue to form part of, the main home of the person or a near relative; and
(b) is for no more than 3 people other than a person mentioned in paragraph (a) or near relatives of such a person.

sec.88

Accommodation for workers

sec.88 Accommodation for workers

A person who supplies accommodation for the person’s workers may provide accommodation of different standards to different workers if— it is not reasonable to expect the person to supply accommodation of the same standard for all workers; and the standard of the accommodation supplied to each worker is determined having regard to— the number of people in the worker’s household; or the class of work performed, or the nature of the position held, by the worker.

(a) it is not reasonable to expect the person to supply accommodation of the same standard for all workers; and
(b) the standard of the accommodation supplied to each worker is determined having regard to— (i) the number of people in the worker’s household; or (ii) the class of work performed, or the nature of the position held, by the worker.
(i) the number of people in the worker’s household; or
(ii) the class of work performed, or the nature of the position held, by the worker.
(i) the number of people in the worker’s household; or
(ii) the class of work performed, or the nature of the position held, by the worker.

sec.89

Accommodation for students

sec.89 Accommodation for students

An educational authority that operates, or proposes to operate, an educational institution wholly or mainly for students of a particular sex or religion, or who have a general or specific impairment, may provide accommodation wholly or mainly for— students of the particular sex or religion; or students who have a general, or the specific, impairment.

(a) students of the particular sex or religion; or
(b) students who have a general, or the specific, impairment.

sec.90

Accommodation with religious purposes

sec.90 Accommodation with religious purposes

It is not unlawful to discriminate with respect to a matter that is otherwise prohibited under subdivision 1 if— the accommodation concerned is under the direction or control of a body established for religious purposes; and the discrimination— is in accordance with the doctrine of the religion concerned; and is necessary to avoid offending the religious sensitivities of people of the religion.

(a) the accommodation concerned is under the direction or control of a body established for religious purposes; and
(b) the discrimination— (i) is in accordance with the doctrine of the religion concerned; and (ii) is necessary to avoid offending the religious sensitivities of people of the religion.
(i) is in accordance with the doctrine of the religion concerned; and
(ii) is necessary to avoid offending the religious sensitivities of people of the religion.
(i) is in accordance with the doctrine of the religion concerned; and
(ii) is necessary to avoid offending the religious sensitivities of people of the religion.

sec.91

Accommodation with charitable purposes

sec.91 Accommodation with charitable purposes

It is not unlawful to discriminate on the basis of sex, relationship status or age with respect to a matter that is otherwise prohibited under subdivision 1 if— the accommodation concerned is under the direction or control of a body established for charitable purposes; and the discrimination is in accordance with the particular purposes for which the accommodation was established by the body. s 91 amd 2002 No. 74 s 90 sch

(a) the accommodation concerned is under the direction or control of a body established for charitable purposes; and
(b) the discrimination is in accordance with the particular purposes for which the accommodation was established by the body.

sec.92

Special services or facilities required

sec.92 Special services or facilities required

A person may discriminate on the basis of impairment against another person with respect to a matter that is otherwise prohibited under subdivision 1 if— the other person would require special services or facilities; and the supply of special services or facilities would impose unjustifiable hardship on the first person. Whether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5 . (sec.92-ssec.1) A person may discriminate on the basis of impairment against another person with respect to a matter that is otherwise prohibited under subdivision 1 if— the other person would require special services or facilities; and the supply of special services or facilities would impose unjustifiable hardship on the first person. (sec.92-ssec.2) Whether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5 .

(a) the other person would require special services or facilities; and
(b) the supply of special services or facilities would impose unjustifiable hardship on the first person.

ch.2-pt.4-div.9

Club membership and affairs area

sec.93

Explanatory provision (prohibitions)

sec.93 Explanatory provision (prohibitions)

A club must not discriminate in the club membership and affairs area if a prohibition in section 94 or 95 applies.

sec.94

Discrimination by club in prospective membership area

sec.94 Discrimination by club in prospective membership area

A club must not discriminate— in determining the terms of a particular category or type of membership of the club; or in failing to accept a person’s application for membership of the club; or in the way in which a person’s application is processed; or in the arrangements made for deciding who should be offered membership; or in the terms on which a person is admitted as a member.

(a) in determining the terms of a particular category or type of membership of the club; or
(b) in failing to accept a person’s application for membership of the club; or
(c) in the way in which a person’s application is processed; or
(d) in the arrangements made for deciding who should be offered membership; or
(e) in the terms on which a person is admitted as a member.

sec.95

Discrimination by club in membership and affairs area

sec.95 Discrimination by club in membership and affairs area

A club must not discriminate— in any variation of the terms of membership of the club; or in failing to accept a member’s application for a different category or type of membership; or by denying or limiting access to any benefit, arising from membership, that is supplied by the club; or in depriving a member of membership; or by treating a member unfavourably in any way in connection with the membership or the affairs of the club. s 95 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment)

(a) in any variation of the terms of membership of the club; or
(b) in failing to accept a member’s application for a different category or type of membership; or
(c) by denying or limiting access to any benefit, arising from membership, that is supplied by the club; or
(d) in depriving a member of membership; or
(e) by treating a member unfavourably in any way in connection with the membership or the affairs of the club.

sec.96

Explanatory provision (exemptions)

sec.96 Explanatory provision (exemptions)

It is not unlawful to discriminate in the club membership and affairs area if an exemption in sections 97 to 100 or part 5 applies.

sec.97

Club established for minority cultures and disadvantaged people

sec.97 Club established for minority cultures and disadvantaged people

A club may exclude applicants for membership of the club who are not members of the group of people with an attribute for whom the club was established if the club operates wholly or mainly— to preserve a minority culture; or to prevent or reduce disadvantage suffered by people of that group.

(a) to preserve a minority culture; or
(b) to prevent or reduce disadvantage suffered by people of that group.

sec.98

Reasonable sex discrimination permitted

sec.98 Reasonable sex discrimination permitted

It is not unlawful for a club to discriminate on the basis of sex by limiting access to any benefit, arising from membership, that is provided by the club if— it is not practicable for males and females to enjoy the benefit at the same time; and either of the following subparagraphs apply— access to the same or an equivalent benefit is supplied for the use of males and females separately; access arrangements offer males and females a reasonably equivalent opportunity to enjoy the benefit. s 98 amd 2010 No. 42 s 214 sch

(a) it is not practicable for males and females to enjoy the benefit at the same time; and
(b) either of the following subparagraphs apply— (i) access to the same or an equivalent benefit is supplied for the use of males and females separately; (ii) access arrangements offer males and females a reasonably equivalent opportunity to enjoy the benefit.
(i) access to the same or an equivalent benefit is supplied for the use of males and females separately;
(ii) access arrangements offer males and females a reasonably equivalent opportunity to enjoy the benefit.
(i) access to the same or an equivalent benefit is supplied for the use of males and females separately;
(ii) access arrangements offer males and females a reasonably equivalent opportunity to enjoy the benefit.

sec.99

Reasonable risk of injury

sec.99 Reasonable risk of injury

A club may exclude an applicant for membership who is a minor if there is a reasonable risk of injury to a minor or other people.

sec.100

Special services or facilities required

sec.100 Special services or facilities required

It is not unlawful for a club to discriminate on the basis of impairment in failing to accept a person’s application for membership if— the person would require special services or facilities; and the supply of special services or facilities would impose unjustifiable hardship on the club. Whether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5 . (sec.100-ssec.1) It is not unlawful for a club to discriminate on the basis of impairment in failing to accept a person’s application for membership if— the person would require special services or facilities; and the supply of special services or facilities would impose unjustifiable hardship on the club. (sec.100-ssec.2) Whether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5 .

(a) the person would require special services or facilities; and
(b) the supply of special services or facilities would impose unjustifiable hardship on the club.

ch.2-pt.4-div.10

Administration of State laws and programs area

sec.101

Discrimination in administration of State laws and programs area

sec.101 Discrimination in administration of State laws and programs area

A person who— performs any function or exercises any power under State law or for the purposes of a State Government program; or has any other responsibility for the administration of State law or the conduct of a State Government program; must not discriminate in— the performance of the function; or the exercise of the power; or the carrying out of the responsibility.

(a) performs any function or exercises any power under State law or for the purposes of a State Government program; or
(b) has any other responsibility for the administration of State law or the conduct of a State Government program;
(c) the performance of the function; or
(d) the exercise of the power; or
(e) the carrying out of the responsibility.

ch.2-pt.4-div.11

Local government area

sec.102

Discrimination by local government member

sec.102 Discrimination by local government member

A member of a local authority must not discriminate against another member in the performance of official functions. Subsection (1) does not apply to discrimination on the basis of political belief or activity. (sec.102-ssec.1) A member of a local authority must not discriminate against another member in the performance of official functions. (sec.102-ssec.2) Subsection (1) does not apply to discrimination on the basis of political belief or activity.

ch.2-pt.5

General exemptions for discrimination

sec.103

Explanatory provision (exemptions)

sec.103 Explanatory provision (exemptions)

It is not unlawful to discriminate with respect to a matter that is otherwise prohibited under part 4 if an exemption in sections 104 to 113 applies.

sec.104

Welfare measures

sec.104 Welfare measures

A person may do an act to benefit the members of a group of people with an attribute for whose welfare the act was designed if the purpose of the act is not inconsistent with this Act. It is not unlawful for a bus operator to give travel concessions to pensioners or to give priority in seating to people who are pregnant or frail. It is not unlawful to restrict special accommodation to women who have been victims of domestic violence or to frail, older people. It is not unlawful to establish a high security patrolled car park exclusively for women that would reduce the likelihood of physical attacks.

sec.105

Equal opportunity measures

sec.105 Equal opportunity measures

A person may do an act to promote equal opportunity for a group of people with an attribute if the purpose of the act is not inconsistent with this Act. Subsection (1) applies only until the purpose of equal opportunity has been achieved. (sec.105-ssec.1) A person may do an act to promote equal opportunity for a group of people with an attribute if the purpose of the act is not inconsistent with this Act. (sec.105-ssec.2) Subsection (1) applies only until the purpose of equal opportunity has been achieved.

sec.106

Acts done in compliance with legislation etc.

sec.106 Acts done in compliance with legislation etc.

A person may do an act that is necessary to comply with, or is specifically authorised by— an existing provision of another Act; or an order of a court; or an existing provision of an order or award of a court or tribunal having power to fix minimum wages and other terms of employment; or an existing provision of an industrial agreement under the repealed Industrial Relations Act 1999 ; or an order of the Anti-Discrimination Tribunal. In this section— existing provision means a provision in existence at the commencement of this section. s 106 amd 2016 No. 63 s 1157 sch 6 sub 2024 No. 47 s 13 (uncommenced amendment) (sec.106-ssec.1) A person may do an act that is necessary to comply with, or is specifically authorised by— an existing provision of another Act; or an order of a court; or an existing provision of an order or award of a court or tribunal having power to fix minimum wages and other terms of employment; or an existing provision of an industrial agreement under the repealed Industrial Relations Act 1999 ; or an order of the Anti-Discrimination Tribunal. (sec.106-ssec.2) In this section— existing provision means a provision in existence at the commencement of this section.

(a) an existing provision of another Act; or
(b) an order of a court; or
(c) an existing provision of an order or award of a court or tribunal having power to fix minimum wages and other terms of employment; or
(d) an existing provision of an industrial agreement under the repealed Industrial Relations Act 1999 ; or
(e) an order of the Anti-Discrimination Tribunal.

sec.106A

Compulsory retirement age under legislation etc.

sec.106A Compulsory retirement age under legislation etc.

This Act has no effect on the imposition of a compulsory retirement age on— a Supreme Court judge; or a District Court judge; or a magistrate; or a member of the Land Court; or the president, the vice-president or a deputy president (court) of the Industrial Court; or a deputy president appointed under the Industrial Relations Act 2016 , section 441 or an industrial commissioner; or a fire officer within the meaning of the Fire Services Act 1990 ; or a police officer; or a director of a public company or subsidiary of a public company; or another person prescribed by regulation. Subsection (1) applies if the compulsory retirement age is imposed on or before 30 June 1994 under— an Act; or an industrial instrument under the Industrial Relations Act 2016 ; or a policy, standard or other instrument of a previous unit of the public sector applying to an employee of the unit. If the compulsory retirement age is imposed under something mentioned in subsection (2) (b) or (c) , then, by force of this subsection, a person mentioned in subsection (1) is required, and is taken always to have been required, to retire in accordance with the compulsory retirement age imposed. In this section— previous unit of the public sector means an entity that was a unit of the public sector on 30 June 1994 under the repealed Public Sector Management Commission Act 1990 . s 106A ins 1994 No. 29 s 10 amd 1996 No. 37 s 147 sch 2 ; 1999 No. 33 s 747 sch 3 ; 2001 No. 35 s 7 ; 2002 No. 34 s 74 sch 6 ; 2007 No. 37 s 5 sch ; 2008 No. 67 s 109 ; 2010 No. 19 s 4 ; 2013 No. 29 s 59B ; 2014 No. 17 s 184 sch 1 pt 2 ; 2016 No. 63 s 1157 sch 6 ; 2024 No. 22 s 92 sch 1 (sec.106A-ssec.1) This Act has no effect on the imposition of a compulsory retirement age on— a Supreme Court judge; or a District Court judge; or a magistrate; or a member of the Land Court; or the president, the vice-president or a deputy president (court) of the Industrial Court; or a deputy president appointed under the Industrial Relations Act 2016 , section 441 or an industrial commissioner; or a fire officer within the meaning of the Fire Services Act 1990 ; or a police officer; or a director of a public company or subsidiary of a public company; or another person prescribed by regulation. (sec.106A-ssec.2) Subsection (1) applies if the compulsory retirement age is imposed on or before 30 June 1994 under— an Act; or an industrial instrument under the Industrial Relations Act 2016 ; or a policy, standard or other instrument of a previous unit of the public sector applying to an employee of the unit. (sec.106A-ssec.3) If the compulsory retirement age is imposed under something mentioned in subsection (2) (b) or (c) , then, by force of this subsection, a person mentioned in subsection (1) is required, and is taken always to have been required, to retire in accordance with the compulsory retirement age imposed. (sec.106A-ssec.4) In this section— previous unit of the public sector means an entity that was a unit of the public sector on 30 June 1994 under the repealed Public Sector Management Commission Act 1990 .

(a) a Supreme Court judge; or
(b) a District Court judge; or
(c) a magistrate; or
(d) a member of the Land Court; or
(e) the president, the vice-president or a deputy president (court) of the Industrial Court; or
(f) a deputy president appointed under the Industrial Relations Act 2016 , section 441 or an industrial commissioner; or
(h) a fire officer within the meaning of the Fire Services Act 1990 ; or
(k) a police officer; or
(m) a director of a public company or subsidiary of a public company; or
(n) another person prescribed by regulation.
(a) an Act; or
(b) an industrial instrument under the Industrial Relations Act 2016 ; or
(c) a policy, standard or other instrument of a previous unit of the public sector applying to an employee of the unit.

sec.106B

Citizenship or visa requirements imposed under State government policies etc.

sec.106B Citizenship or visa requirements imposed under State government policies etc.

This Act does not apply in relation to— the inclusion of a prescribed eligibility provision in a relevant policy; or the performance of a function by a person in connection with a prescribed eligibility provision. In this section, a reference to performing a function includes a reference to exercising a power or carrying out a responsibility. In this section— government entity — means an entity mentioned in the Public Sector Act 2022 , section 276 (1) ; but does not include— a GOC, other than to the extent the GOC is directed to perform an obligation under the Government Owned Corporations Act 1993 or another Act; or an entity mentioned in the Public Sector Act 2022 , section 276 (2) (a) , (b) , (c) , (d) , (e) , (f) , (g) , (i) or (j) . prescribed eligibility provision , of a relevant policy, means— a provision requiring that a person must have a particular citizenship or visa status to be eligible for financial or other assistance, services or support under the policy; or a provision under which persons who have a particular citizenship or visa status are treated more favourably than other persons in relation to their eligibility for financial or other assistance, services or support under the policy. relevant policy means a policy of a government entity— that relates to any area of activity set out in part 4 ; and under which persons are provided with financial or other assistance, services or support. visa see the Migration Act 1958 (Cwlth) , section 5 . s 106B ins 2012 No. 41 s 50 amd 2022 No. 34 s 365 sch 3 (sec.106B-ssec.1) This Act does not apply in relation to— the inclusion of a prescribed eligibility provision in a relevant policy; or the performance of a function by a person in connection with a prescribed eligibility provision. (sec.106B-ssec.2) In this section, a reference to performing a function includes a reference to exercising a power or carrying out a responsibility. (sec.106B-ssec.3) In this section— government entity — means an entity mentioned in the Public Sector Act 2022 , section 276 (1) ; but does not include— a GOC, other than to the extent the GOC is directed to perform an obligation under the Government Owned Corporations Act 1993 or another Act; or an entity mentioned in the Public Sector Act 2022 , section 276 (2) (a) , (b) , (c) , (d) , (e) , (f) , (g) , (i) or (j) . prescribed eligibility provision , of a relevant policy, means— a provision requiring that a person must have a particular citizenship or visa status to be eligible for financial or other assistance, services or support under the policy; or a provision under which persons who have a particular citizenship or visa status are treated more favourably than other persons in relation to their eligibility for financial or other assistance, services or support under the policy. relevant policy means a policy of a government entity— that relates to any area of activity set out in part 4 ; and under which persons are provided with financial or other assistance, services or support. visa see the Migration Act 1958 (Cwlth) , section 5 .

(a) the inclusion of a prescribed eligibility provision in a relevant policy; or
(b) the performance of a function by a person in connection with a prescribed eligibility provision.
(a) means an entity mentioned in the Public Sector Act 2022 , section 276 (1) ; but
(b) does not include— (i) a GOC, other than to the extent the GOC is directed to perform an obligation under the Government Owned Corporations Act 1993 or another Act; or (ii) an entity mentioned in the Public Sector Act 2022 , section 276 (2) (a) , (b) , (c) , (d) , (e) , (f) , (g) , (i) or (j) .
(i) a GOC, other than to the extent the GOC is directed to perform an obligation under the Government Owned Corporations Act 1993 or another Act; or
(ii) an entity mentioned in the Public Sector Act 2022 , section 276 (2) (a) , (b) , (c) , (d) , (e) , (f) , (g) , (i) or (j) .
(i) a GOC, other than to the extent the GOC is directed to perform an obligation under the Government Owned Corporations Act 1993 or another Act; or
(ii) an entity mentioned in the Public Sector Act 2022 , section 276 (2) (a) , (b) , (c) , (d) , (e) , (f) , (g) , (i) or (j) .
(a) a provision requiring that a person must have a particular citizenship or visa status to be eligible for financial or other assistance, services or support under the policy; or
(b) a provision under which persons who have a particular citizenship or visa status are treated more favourably than other persons in relation to their eligibility for financial or other assistance, services or support under the policy.
(a) that relates to any area of activity set out in part 4 ; and
(b) under which persons are provided with financial or other assistance, services or support.

sec.106C

Section sec.106C

s 106C ins 2012 No. 41 s 50 om 2024 No. 23 s 5

sec.107

Public health

sec.107 Public health

A person may do an act that is reasonably necessary to protect public health.

sec.108

Workplace health and safety

sec.108 Workplace health and safety

A person may do an act that is reasonably necessary to protect the health and safety of people at a place of work.

sec.109

Religious bodies

sec.109 Religious bodies

The Act does not apply in relation to— the ordination or appointment of priests, ministers of religion or members of a religious order; or the training or education of people seeking ordination or appointment as priests, ministers of religion or members of a religious order; or the selection or appointment of people to perform functions in relation to, or otherwise participate in, any religious observance or practice; or unless section 90 (Accommodation with religious purposes) applies—an act by a body established for religious purposes if the act is— in accordance with the doctrine of the religion concerned; and necessary to avoid offending the religious sensitivities of people of the religion. An exemption under subsection (1) (d) does not apply in the work or work-related area or in the education area. s 109 amd 2002 No. 74 s 20 (sec.109-ssec.1) The Act does not apply in relation to— the ordination or appointment of priests, ministers of religion or members of a religious order; or the training or education of people seeking ordination or appointment as priests, ministers of religion or members of a religious order; or the selection or appointment of people to perform functions in relation to, or otherwise participate in, any religious observance or practice; or unless section 90 (Accommodation with religious purposes) applies—an act by a body established for religious purposes if the act is— in accordance with the doctrine of the religion concerned; and necessary to avoid offending the religious sensitivities of people of the religion. (sec.109-ssec.2) An exemption under subsection (1) (d) does not apply in the work or work-related area or in the education area.

(a) the ordination or appointment of priests, ministers of religion or members of a religious order; or
(b) the training or education of people seeking ordination or appointment as priests, ministers of religion or members of a religious order; or
(c) the selection or appointment of people to perform functions in relation to, or otherwise participate in, any religious observance or practice; or
(d) unless section 90 (Accommodation with religious purposes) applies—an act by a body established for religious purposes if the act is— (i) in accordance with the doctrine of the religion concerned; and (ii) necessary to avoid offending the religious sensitivities of people of the religion.
(i) in accordance with the doctrine of the religion concerned; and
(ii) necessary to avoid offending the religious sensitivities of people of the religion.
(i) in accordance with the doctrine of the religion concerned; and
(ii) necessary to avoid offending the religious sensitivities of people of the religion.

sec.110

Charities

sec.110 Charities

A person may include a discriminatory provision in a document that provides exclusively for charitable benefits, and may do an act that is required to give effect to such a provision.

sec.111

Sport

sec.111 Sport

A person may restrict participation in a competitive sporting activity— to either males or females, if the restriction is reasonable having regard to the strength, stamina or physique requirements of the activity; or to people who can effectively compete; or to people of a specified age or age group; or to people with a specific or general impairment. Subsection (1) (a) does not apply to a sporting activity for children who are less than 12 years of age. Subsection (1) does not stop participation in a competitive sporting activity being restricted on the basis of gender identity, if the restriction is reasonable having regard to the strength, stamina or physique requirements of the activity. In this section— competitive sporting activity does not include— the coaching of people engaged in a sporting activity; or the umpiring or refereeing of a sporting activity; or the administration of a sporting activity; or a sporting activity prescribed by regulation. s 111 amd 2002 No. 74 s 21 (sec.111-ssec.1) A person may restrict participation in a competitive sporting activity— to either males or females, if the restriction is reasonable having regard to the strength, stamina or physique requirements of the activity; or to people who can effectively compete; or to people of a specified age or age group; or to people with a specific or general impairment. (sec.111-ssec.2) Subsection (1) (a) does not apply to a sporting activity for children who are less than 12 years of age. (sec.111-ssec.3) Subsection (1) does not stop participation in a competitive sporting activity being restricted on the basis of gender identity, if the restriction is reasonable having regard to the strength, stamina or physique requirements of the activity. (sec.111-ssec.4) In this section— competitive sporting activity does not include— the coaching of people engaged in a sporting activity; or the umpiring or refereeing of a sporting activity; or the administration of a sporting activity; or a sporting activity prescribed by regulation.

(a) to either males or females, if the restriction is reasonable having regard to the strength, stamina or physique requirements of the activity; or
(b) to people who can effectively compete; or
(c) to people of a specified age or age group; or
(d) to people with a specific or general impairment.
(a) the coaching of people engaged in a sporting activity; or
(b) the umpiring or refereeing of a sporting activity; or
(c) the administration of a sporting activity; or
(d) a sporting activity prescribed by regulation.

sec.112

Legal incapacity

sec.112 Legal incapacity

A person may discriminate against another person because the other person is subject to a legal incapacity if the incapacity is relevant to the transaction in which they are involved. It is not unlawful for a person to refuse to enter into a contract with a minor, or a person who has impaired capacity for the contract within the meaning of the Guardianship and Administration Act 2000 , if the contract can not be legally enforced. s 112 amd 1992 No. 36 s 2 sch 2 ; 2000 No. 8 s 263 sch 3

sec.113

Tribunal

sec.113 Tribunal

The tribunal, on application by— a person, on the person’s own behalf, or on behalf of the person and another person or other people; or 2 or more people, on their own behalf, or on behalf of themselves and another person or other people; or a person or people included in a class of people on behalf of the people in that class; may grant an exemption to the person, people or class of people from the operation of a specified provision of the Act . See also section 174C in relation to the tribunal’s powers for deciding the application. Before deciding an application, the tribunal must— give the commissioner a copy of the application and a copy of the material filed in support of the application; and have regard to any submission made by the commissioner on the application, including a submission on the process for considering the application. Matters the commissioner may make a submission on in relation to the process for considering an application include, but are not limited to, the following— whether the application should be considered by way of public hearing; identification of persons who may be affected by a decision to grant the application; whether the public should be consulted; how consultation with identified persons or the public should be conducted. The commissioner must give a copy of a written submission the commissioner makes on an application to the applicant. The tribunal may request that the commissioner— inquire into an application; and report to the tribunal the results of the inquiry and a recommendation about the application. An exemption— may be granted subject to such terms as the tribunal provides; and may be granted so that it applies only in such circumstances, or in connection with such activities, as the tribunal determines; and is to be granted for a specified period of not more than 5 years. An exemption under subsection (1) may be renewed for further periods of not more than 5 years, on application by the person or people to whom, or in respect of whom, the exemption was granted. s 113 amd 2005 No. 70 s 18 ; 2009 No. 24 s 1326; 2016 No. 63 s 1089 (sec.113-ssec.1) The tribunal, on application by— a person, on the person’s own behalf, or on behalf of the person and another person or other people; or 2 or more people, on their own behalf, or on behalf of themselves and another person or other people; or a person or people included in a class of people on behalf of the people in that class; may grant an exemption to the person, people or class of people from the operation of a specified provision of the Act . See also section 174C in relation to the tribunal’s powers for deciding the application. (sec.113-ssec.2) Before deciding an application, the tribunal must— give the commissioner a copy of the application and a copy of the material filed in support of the application; and have regard to any submission made by the commissioner on the application, including a submission on the process for considering the application. (sec.113-ssec.3) Matters the commissioner may make a submission on in relation to the process for considering an application include, but are not limited to, the following— whether the application should be considered by way of public hearing; identification of persons who may be affected by a decision to grant the application; whether the public should be consulted; how consultation with identified persons or the public should be conducted. (sec.113-ssec.4) The commissioner must give a copy of a written submission the commissioner makes on an application to the applicant. (sec.113-ssec.5) The tribunal may request that the commissioner— inquire into an application; and report to the tribunal the results of the inquiry and a recommendation about the application. (sec.113-ssec.6) An exemption— may be granted subject to such terms as the tribunal provides; and may be granted so that it applies only in such circumstances, or in connection with such activities, as the tribunal determines; and is to be granted for a specified period of not more than 5 years. (sec.113-ssec.7) An exemption under subsection (1) may be renewed for further periods of not more than 5 years, on application by the person or people to whom, or in respect of whom, the exemption was granted.

(a) a person, on the person’s own behalf, or on behalf of the person and another person or other people; or
(b) 2 or more people, on their own behalf, or on behalf of themselves and another person or other people; or
(c) a person or people included in a class of people on behalf of the people in that class;
(a) give the commissioner a copy of the application and a copy of the material filed in support of the application; and
(b) have regard to any submission made by the commissioner on the application, including a submission on the process for considering the application.
(a) whether the application should be considered by way of public hearing;
(b) identification of persons who may be affected by a decision to grant the application;
(c) whether the public should be consulted;
(d) how consultation with identified persons or the public should be conducted.
(a) inquire into an application; and
(b) report to the tribunal the results of the inquiry and a recommendation about the application.
(a) may be granted subject to such terms as the tribunal provides; and
(b) may be granted so that it applies only in such circumstances, or in connection with such activities, as the tribunal determines; and
(c) is to be granted for a specified period of not more than 5 years.

sec.113AA

Transfer of application from industrial relations commission to QCAT

sec.113AA Transfer of application from industrial relations commission to QCAT

This section applies if— an application is made under section 113 to the industrial relations commission; and the commission considers the exemption sought relates or includes a matter other than a work-related matter. For an application made to QCAT, see the QCAT Act , section 52 in relation to the power to transfer the application. The commission may, by order, transfer the application to QCAT. If the commission makes an order under subsection (2) — an application for the exemption is taken to have been made to QCAT when the application mentioned in subsection (1) was referred to the commission; and the commission may make the orders, or give the directions, it considers appropriate to facilitate the transfer, including an order that a party is taken to have complied with the requirements under this Act, the QCAT Act or another law for referring the application to QCAT; and QCAT may deal with the application as if the exemption sought did not relate to a work-related matter. An order under subsection (3) (b) has effect despite any other Act or law. The commission may act under subsection (2) or (3) (b) on its own initiative or on application by the applicant. If the commission does not make an order under subsection (2) , the commission may deal with the application as if the exemption sought did not relate to a matter that is not a work-related matter. s 113AA ins 2016 No. 63 s 1090 (sec.113AA-ssec.1) This section applies if— an application is made under section 113 to the industrial relations commission; and the commission considers the exemption sought relates or includes a matter other than a work-related matter. For an application made to QCAT, see the QCAT Act , section 52 in relation to the power to transfer the application. (sec.113AA-ssec.2) The commission may, by order, transfer the application to QCAT. (sec.113AA-ssec.3) If the commission makes an order under subsection (2) — an application for the exemption is taken to have been made to QCAT when the application mentioned in subsection (1) was referred to the commission; and the commission may make the orders, or give the directions, it considers appropriate to facilitate the transfer, including an order that a party is taken to have complied with the requirements under this Act, the QCAT Act or another law for referring the application to QCAT; and QCAT may deal with the application as if the exemption sought did not relate to a work-related matter. (sec.113AA-ssec.4) An order under subsection (3) (b) has effect despite any other Act or law. (sec.113AA-ssec.5) The commission may act under subsection (2) or (3) (b) on its own initiative or on application by the applicant. (sec.113AA-ssec.6) If the commission does not make an order under subsection (2) , the commission may deal with the application as if the exemption sought did not relate to a matter that is not a work-related matter.

(a) an application is made under section 113 to the industrial relations commission; and
(b) the commission considers the exemption sought relates or includes a matter other than a work-related matter.
(a) an application for the exemption is taken to have been made to QCAT when the application mentioned in subsection (1) was referred to the commission; and
(b) the commission may make the orders, or give the directions, it considers appropriate to facilitate the transfer, including an order that a party is taken to have complied with the requirements under this Act, the QCAT Act or another law for referring the application to QCAT; and
(c) QCAT may deal with the application as if the exemption sought did not relate to a work-related matter.

sec.113A

Appeal from tribunal decision

sec.113A Appeal from tribunal decision

The commissioner, or a person with a relevant interest, may appeal, as provided under the relevant tribunal Act, against the tribunal’s decision on an application mentioned in section 113 . For the appeal, if the commissioner or person was not a party to the application, the commissioner or person is taken to have been a party to it. s 113A ins 2009 No. 24 s 1327 amd 2016 No. 63 s 1091 (sec.113A-ssec.1) The commissioner, or a person with a relevant interest, may appeal, as provided under the relevant tribunal Act, against the tribunal’s decision on an application mentioned in section 113 . (sec.113A-ssec.2) For the appeal, if the commissioner or person was not a party to the application, the commissioner or person is taken to have been a party to it.

ch.2-pt.6

Discrimination by worker, agent, member etc. also prohibited

sec.114

Discrimination by worker or agent

sec.114 Discrimination by worker or agent

If discrimination by a person or body is unlawful under this chapter, discrimination by a worker or agent of such a person or body is also unlawful.

sec.115

Discrimination by member of industrial, professional, trade or business organisation

sec.115 Discrimination by member of industrial, professional, trade or business organisation

If discrimination by an organisation of workers, employers, or people who carry on an industry, profession, trade or business is unlawful under this chapter, discrimination by a member of such an organisation is also unlawful.

sec.116

Discrimination by club’s committee of management etc.

sec.116 Discrimination by club’s committee of management etc.

If discrimination by a club is unlawful under this chapter, discrimination by— a committee of management of a club; or a member of such a committee; is also unlawful.

(a) a committee of management of a club; or
(b) a member of such a committee;

ch.3-pt.1

Act’s freedom from sexual harassment purpose

sec.117

Act’s freedom from sexual harassment purpose and how it is to be achieved

sec.117 Act’s freedom from sexual harassment purpose and how it is to be achieved

One of the purposes of the Act is to promote equality of opportunity for everyone by protecting them from sexual harassment. This purpose is to be achieved by— prohibiting sexual harassment; and allowing a complaint to be made under chapter 7 against a person who has sexually harassed; and using the agencies and procedures established under chapter 7 to deal with the complaint. s 117 amd 2024 No. 47 s 16 (uncommenced amendment) (sec.117-ssec.1) One of the purposes of the Act is to promote equality of opportunity for everyone by protecting them from sexual harassment. (sec.117-ssec.2) This purpose is to be achieved by— prohibiting sexual harassment; and allowing a complaint to be made under chapter 7 against a person who has sexually harassed; and using the agencies and procedures established under chapter 7 to deal with the complaint.

(a) prohibiting sexual harassment; and
(b) allowing a complaint to be made under chapter 7 against a person who has sexually harassed; and
(c) using the agencies and procedures established under chapter 7 to deal with the complaint.

ch.3-pt.2

Prohibition of sexual harassment

sec.118

Sexual harassment

sec.118 Sexual harassment

A person must not sexually harass another person.

sec.119

Meaning of sexual harassment

sec.119 Meaning of sexual harassment

Sexual harassment happens if a person— subjects another person to an unsolicited act of physical intimacy; or makes an unsolicited demand or request (whether directly or by implication) for sexual favours from the other person; or makes a remark with sexual connotations relating to the other person; or engages in any other unwelcome conduct of a sexual nature in relation to the other person; and the person engaging in the conduct described in paragraphs (a) , (b) , (c) or (d) does so— with the intention of offending, humiliating or intimidating the other person; or in circumstances where a reasonable person would have anticipated the possibility that the other person would be offended, humiliated or intimidated by the conduct. physical contact such as patting, pinching or touching in a sexual way unnecessary familiarity such as deliberately brushing against a person sexual propositions unwelcome and uncalled for remarks or insinuations about a person’s sex or private life suggestive comments about a person’s appearance or body offensive telephone calls indecent exposure s 119 amd 2017 No. 17 s 10

(a) subjects another person to an unsolicited act of physical intimacy; or
(b) makes an unsolicited demand or request (whether directly or by implication) for sexual favours from the other person; or
(c) makes a remark with sexual connotations relating to the other person; or
(d) engages in any other unwelcome conduct of a sexual nature in relation to the other person;
(e) with the intention of offending, humiliating or intimidating the other person; or
(f) in circumstances where a reasonable person would have anticipated the possibility that the other person would be offended, humiliated or intimidated by the conduct.
• physical contact such as patting, pinching or touching in a sexual way
• unnecessary familiarity such as deliberately brushing against a person
• unwelcome and uncalled for remarks or insinuations about a person’s sex or private life
• suggestive comments about a person’s appearance or body
• offensive telephone calls
• indecent exposure

sec.120

Meaning of relevant circumstances

sec.120 Meaning of relevant circumstances

The circumstances that are relevant in determining whether a reasonable person would have anticipated the possibility that the other person would be offended, humiliated or intimidated by the conduct include— the sex of the other person; and the age of the other person; and the race of the other person; and any impairment that the other person has; and the relationship between the other person and the person engaging in the conduct; and any other circumstance of the other person. s 120 amd 1992 No. 36 s 2 sch 2 amd 2024 No. 47 s 17 (1) (uncommenced amendment) renum and reloc 2024 No. 47 s 17 (2) (uncommenced amendment)

ch 3 pt 3 hdg ins 2024 No. 47 s 18 (uncommenced amendment) ch 3 pt 3 div 1 (ss 120–120AA) ins 2024 No. 47 s 18 (uncommenced amendment) ch 3 pt 3 div 2 (ss 120A–120E) ins 2024 No. 47 s 18 (uncommenced amendment)

(a) the sex of the other person; and
(b) the age of the other person; and
(c) the race of the other person; and
(d) any impairment that the other person has; and
(e) the relationship between the other person and the person engaging in the conduct; and
(f) any other circumstance of the other person.

ch.4-pt.1

Act’s freedom from associated objectionable conduct purpose

sec.121

Act’s freedom from associated objectionable conduct purpose and how it is to be achieved

sec.121 Act’s freedom from associated objectionable conduct purpose and how it is to be achieved

One of the purposes of the Act is to promote equality of opportunity for everyone by prohibiting certain objectionable conduct that is inconsistent with the other purposes of the Act . This purpose is to be achieved by— prohibiting certain conduct; and allowing a complaint to be made under chapter 7 against a person who has engaged in that conduct; and using the agencies and procedures established under chapter 7 to deal with the complaint. s 121 amd 2024 No. 47 s 19 (uncommenced amendment) (sec.121-ssec.1) One of the purposes of the Act is to promote equality of opportunity for everyone by prohibiting certain objectionable conduct that is inconsistent with the other purposes of the Act . (sec.121-ssec.2) This purpose is to be achieved by— prohibiting certain conduct; and allowing a complaint to be made under chapter 7 against a person who has engaged in that conduct; and using the agencies and procedures established under chapter 7 to deal with the complaint.

(a) prohibiting certain conduct; and
(b) allowing a complaint to be made under chapter 7 against a person who has engaged in that conduct; and
(c) using the agencies and procedures established under chapter 7 to deal with the complaint.

ch.4-pt.2

Requesting and encouraging contravention of the Act

sec.122

Request or encouragement of contravention

sec.122 Request or encouragement of contravention

A person must not request or encourage another person to contravene the Act .

sec.123

Liability for contravention

sec.123 Liability for contravention

If— a person requests or encourages another person to contravene the Act ; and the other person acts, or attempts to act, on the request or encouragement; both are jointly and severally civilly liable for the contravention, and a proceeding under the Act may be taken against either or both.

(a) a person requests or encourages another person to contravene the Act ; and
(b) the other person acts, or attempts to act, on the request or encouragement;

ch.4-pt.3

Unlawful requests for information

sec.124

Unnecessary information

sec.124 Unnecessary information

A person must not ask another person, either orally or in writing, to supply information on which unlawful discrimination might be based. Subsection (1) does not apply to a request that is necessary to comply with, or is specifically authorised by— an existing provision of another Act; or an order of a court; or an existing provision of an order or award of a court or tribunal having power to fix minimum wages and other terms of employment; or an existing provision of an industrial agreement under the repealed Industrial Relations Act 1999 ; or an order of QCAT or the industrial relations commission. It is a defence to a proceeding for a contravention of subsection (1) if the respondent proves, on the balance of probabilities, that the information was reasonably required for a purpose that did not involve discrimination. In this section— existing provision means a provision in existence at the commencement of this section. An employer would contravene the Act by asking applicants for all jobs whether they have any impairments, but may ask applicants for a job involving heavy lifting whether they have any physical condition that indicates they should not do that work. s 124 amd 2009 No. 24 s 1328 ; 2016 No. 63 ss 1092 , 1157 sch 6 amd 2024 No. 47 s 20 (uncommenced amendment) (sec.124-ssec.1) A person must not ask another person, either orally or in writing, to supply information on which unlawful discrimination might be based. (sec.124-ssec.2) Subsection (1) does not apply to a request that is necessary to comply with, or is specifically authorised by— an existing provision of another Act; or an order of a court; or an existing provision of an order or award of a court or tribunal having power to fix minimum wages and other terms of employment; or an existing provision of an industrial agreement under the repealed Industrial Relations Act 1999 ; or an order of QCAT or the industrial relations commission. (sec.124-ssec.3) It is a defence to a proceeding for a contravention of subsection (1) if the respondent proves, on the balance of probabilities, that the information was reasonably required for a purpose that did not involve discrimination. (sec.124-ssec.4) In this section— existing provision means a provision in existence at the commencement of this section. An employer would contravene the Act by asking applicants for all jobs whether they have any impairments, but may ask applicants for a job involving heavy lifting whether they have any physical condition that indicates they should not do that work.

(a) an existing provision of another Act; or
(b) an order of a court; or
(c) an existing provision of an order or award of a court or tribunal having power to fix minimum wages and other terms of employment; or
(d) an existing provision of an industrial agreement under the repealed Industrial Relations Act 1999 ; or
(e) an order of QCAT or the industrial relations commission.

ch.4-pt.4

Racial and religious vilification

sec.124A

Vilification on grounds of race, religion, sexuality, sex characteristics or gender identity unlawful

sec.124A Vilification on grounds of race, religion, sexuality, sex characteristics or gender identity unlawful

A person must not, by a public act, incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race, religion, sexuality, sex characteristics or gender identity of the person or members of the group. Subsection (1) does not make unlawful— the publication of a fair report of a public act mentioned in subsection (1) ; or the publication of material in circumstances in which the publication would be subject to a defence of absolute privilege in proceedings for defamation; or a public act, done reasonably and in good faith, for academic, artistic, scientific or research purposes or for other purposes in the public interest, including public discussion or debate about, and expositions of, any act or matter. In this section— public act — includes— any form of communication to the public, including by speaking, writing, printing, displaying notices, broadcasting, telecasting, screening or playing of tapes or other recorded material, or by electronic means; and any conduct that is observable by the public, including actions, gestures and the wearing or display of clothing, signs, flags, emblems or insignia; but does not include the distribution or dissemination of any matter by a person to the public if the person does not know, and could not reasonably be expected to know, the content of the matter. s 124A ins 2001 No. 35 s 8 amd 2002 No. 74 s 22 ; 2023 No. 17 s 154 ; 2023 No. 26 s 5 sub 2024 No. 47 s 21 (uncommenced amendment)

ss 124B–124D ins 2024 No. 47 s 21 (uncommenced amendment) ch 4 pt 5 (ss 124E–124F) ins 2024 No. 47 s 22 (uncommenced amendment) (sec.124A-ssec.1) A person must not, by a public act, incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race, religion, sexuality, sex characteristics or gender identity of the person or members of the group. (sec.124A-ssec.2) Subsection (1) does not make unlawful— the publication of a fair report of a public act mentioned in subsection (1) ; or the publication of material in circumstances in which the publication would be subject to a defence of absolute privilege in proceedings for defamation; or a public act, done reasonably and in good faith, for academic, artistic, scientific or research purposes or for other purposes in the public interest, including public discussion or debate about, and expositions of, any act or matter. (sec.124A-ssec.3) In this section— public act — includes— any form of communication to the public, including by speaking, writing, printing, displaying notices, broadcasting, telecasting, screening or playing of tapes or other recorded material, or by electronic means; and any conduct that is observable by the public, including actions, gestures and the wearing or display of clothing, signs, flags, emblems or insignia; but does not include the distribution or dissemination of any matter by a person to the public if the person does not know, and could not reasonably be expected to know, the content of the matter.

(a) the publication of a fair report of a public act mentioned in subsection (1) ; or
(b) the publication of material in circumstances in which the publication would be subject to a defence of absolute privilege in proceedings for defamation; or
(c) a public act, done reasonably and in good faith, for academic, artistic, scientific or research purposes or for other purposes in the public interest, including public discussion or debate about, and expositions of, any act or matter.
(a) includes— (i) any form of communication to the public, including by speaking, writing, printing, displaying notices, broadcasting, telecasting, screening or playing of tapes or other recorded material, or by electronic means; and (ii) any conduct that is observable by the public, including actions, gestures and the wearing or display of clothing, signs, flags, emblems or insignia; but
(i) any form of communication to the public, including by speaking, writing, printing, displaying notices, broadcasting, telecasting, screening or playing of tapes or other recorded material, or by electronic means; and
(ii) any conduct that is observable by the public, including actions, gestures and the wearing or display of clothing, signs, flags, emblems or insignia; but
(b) does not include the distribution or dissemination of any matter by a person to the public if the person does not know, and could not reasonably be expected to know, the content of the matter.
(i) any form of communication to the public, including by speaking, writing, printing, displaying notices, broadcasting, telecasting, screening or playing of tapes or other recorded material, or by electronic means; and
(ii) any conduct that is observable by the public, including actions, gestures and the wearing or display of clothing, signs, flags, emblems or insignia; but

ch.5-pt.1

Act’s freedom from associated highly objectionable conduct purpose

sec.125

Act’s freedom from associated highly objectionable conduct purpose and how it is to be achieved

sec.125 Act’s freedom from associated highly objectionable conduct purpose and how it is to be achieved

One of the purposes of the Act is to promote equality of opportunity for everyone by prohibiting and penalising certain highly objectionable conduct that is inconsistent with the other purposes of the Act . This purpose is to be achieved by— prohibiting certain conduct; and allowing a complaint under chapter 7 to be made against a person who has engaged in that conduct; and making that conduct an offence; and using the agencies and procedures established under chapter 7 and the relevant tribunal Act to deal with the complaint or offence. s 125 amd 2009 No. 24 s 1329 ; 2016 No. 63 s 1093 amd 2024 No. 47 s 23 (uncommenced amendment) (sec.125-ssec.1) One of the purposes of the Act is to promote equality of opportunity for everyone by prohibiting and penalising certain highly objectionable conduct that is inconsistent with the other purposes of the Act . (sec.125-ssec.2) This purpose is to be achieved by— prohibiting certain conduct; and allowing a complaint under chapter 7 to be made against a person who has engaged in that conduct; and making that conduct an offence; and using the agencies and procedures established under chapter 7 and the relevant tribunal Act to deal with the complaint or offence.

(a) prohibiting certain conduct; and
(b) allowing a complaint under chapter 7 to be made against a person who has engaged in that conduct; and
(c) making that conduct an offence; and
(d) using the agencies and procedures established under chapter 7 and the relevant tribunal Act to deal with the complaint or offence.

ch.5-pt.2

sec.126

Section sec.126

s 126 om 2001 No. 35 s 9

ch.5-pt.3

Discriminatory advertising

sec.127

Discriminatory advertisements

sec.127 Discriminatory advertisements

A person must not publish or display an advertisement, or authorise its publication or display, if the advertisement indicates that a person intends to act in a way that contravenes the Act . Maximum penalty— in the case of an individual—35 penalty units; or in the case of a corporation—170 penalty units. To remove any doubt, subsection (1) does not apply to an advertisement so far as it advertises for a worker who is under 21 years of age, whether by specifying a particular age, a particular age group or otherwise. An employer may advertise for an 18 year old sales assistant or for a 15 to 17 year old sales assistant. It is a defence to a complaint made under the Act for a contravention of subsection (1) if the respondent proves, on the balance of probabilities, that the respondent took reasonable precautions to prevent the publication or display happening. It is an excuse to an offence against subsection (1) if the defendant took reasonable precautions to prevent the publication or display happening. s 127 amd 1992 No. 59 s 4 ; 2010 No. 42 s 214 sch (sec.127-ssec.1) A person must not publish or display an advertisement, or authorise its publication or display, if the advertisement indicates that a person intends to act in a way that contravenes the Act . Maximum penalty— in the case of an individual—35 penalty units; or in the case of a corporation—170 penalty units. (sec.127-ssec.1A) To remove any doubt, subsection (1) does not apply to an advertisement so far as it advertises for a worker who is under 21 years of age, whether by specifying a particular age, a particular age group or otherwise. An employer may advertise for an 18 year old sales assistant or for a 15 to 17 year old sales assistant. (sec.127-ssec.2) It is a defence to a complaint made under the Act for a contravention of subsection (1) if the respondent proves, on the balance of probabilities, that the respondent took reasonable precautions to prevent the publication or display happening. (sec.127-ssec.3) It is an excuse to an offence against subsection (1) if the defendant took reasonable precautions to prevent the publication or display happening.

(a) in the case of an individual—35 penalty units; or
(b) in the case of a corporation—170 penalty units.

sec.128

Inducement

sec.128 Inducement

A person must not knowingly or recklessly make a false or misleading statement to another person in order to induce the publication or display of an unlawful advertisement. Maximum penalty— in the case of an individual—35 penalty units; or in the case of a corporation—170 penalty units. s 128 amd 2010 No. 42 s 214 sch

(a) in the case of an individual—35 penalty units; or
(b) in the case of a corporation—170 penalty units.

ch.5-pt.4

Victimisation

sec.129

Victimisation

sec.129 Victimisation

A person must not victimise another person. Maximum penalty— in the case of an individual—45 penalty units or imprisonment for 3 months; or in the case of a corporation—170 penalty units. s 129 amd 2010 No. 42 s 214 sch

(a) in the case of an individual—45 penalty units or imprisonment for 3 months; or
(b) in the case of a corporation—170 penalty units.

sec.130

Meaning of victimisation

sec.130 Meaning of victimisation

Victimisation happens if a person (the respondent ) does an act, or threatens to do an act, to the detriment of another person (the complainant )— because the complainant, or a person associated with, or related to, the complainant— refused to do an act that would amount to a contravention of the Act ; or in good faith, alleged, or intends to allege that a person committed an act that would amount to a contravention of the Act ; or is, has been, or intends to be, involved in a proceeding under the Act against any person; or because the respondent believes that the complainant, or a person associated with, or related to, the complainant is doing, has done, or intends to do one of the things mentioned in paragraph (a) (i) , (ii) or (iii) . In this section, a reference to involvement in a proceeding under the Act includes— making a complaint under the Act and continuing with the complaint, whether by investigation, conciliation, hearing or otherwise; and involvement in a prosecution for an offence against the Act ; and supplying information and producing documents to a person who is performing a function under the Act ; and appearing as a witness in a proceeding under the Act . s 130 amd 2002 No. 74 s 23 amd 2024 No. 47 s 24 (uncommenced amendment) (sec.130-ssec.1) Victimisation happens if a person (the respondent ) does an act, or threatens to do an act, to the detriment of another person (the complainant )— because the complainant, or a person associated with, or related to, the complainant— refused to do an act that would amount to a contravention of the Act ; or in good faith, alleged, or intends to allege that a person committed an act that would amount to a contravention of the Act ; or is, has been, or intends to be, involved in a proceeding under the Act against any person; or because the respondent believes that the complainant, or a person associated with, or related to, the complainant is doing, has done, or intends to do one of the things mentioned in paragraph (a) (i) , (ii) or (iii) . (sec.130-ssec.2) In this section, a reference to involvement in a proceeding under the Act includes— making a complaint under the Act and continuing with the complaint, whether by investigation, conciliation, hearing or otherwise; and involvement in a prosecution for an offence against the Act ; and supplying information and producing documents to a person who is performing a function under the Act ; and appearing as a witness in a proceeding under the Act .

(a) because the complainant, or a person associated with, or related to, the complainant— (i) refused to do an act that would amount to a contravention of the Act ; or (ii) in good faith, alleged, or intends to allege that a person committed an act that would amount to a contravention of the Act ; or (iii) is, has been, or intends to be, involved in a proceeding under the Act against any person; or
(i) refused to do an act that would amount to a contravention of the Act ; or
(ii) in good faith, alleged, or intends to allege that a person committed an act that would amount to a contravention of the Act ; or
(iii) is, has been, or intends to be, involved in a proceeding under the Act against any person; or
(b) because the respondent believes that the complainant, or a person associated with, or related to, the complainant is doing, has done, or intends to do one of the things mentioned in paragraph (a) (i) , (ii) or (iii) .
(i) refused to do an act that would amount to a contravention of the Act ; or
(ii) in good faith, alleged, or intends to allege that a person committed an act that would amount to a contravention of the Act ; or
(iii) is, has been, or intends to be, involved in a proceeding under the Act against any person; or
(a) making a complaint under the Act and continuing with the complaint, whether by investigation, conciliation, hearing or otherwise; and
(b) involvement in a prosecution for an offence against the Act ; and
(c) supplying information and producing documents to a person who is performing a function under the Act ; and
(d) appearing as a witness in a proceeding under the Act .

sec.131

Victimisation continues even if proceedings etc. do not

sec.131 Victimisation continues even if proceedings etc. do not

The application or continued application of section 129 (Victimisation) is not affected by— the failure or otherwise of the complainant or the person associated with, or related to, the complainant, to do 1 of the things mentioned in section 130 (1) (a) (i) ,(ii) or (iii) (Meaning of victimisation); or the withdrawal, failure to pursue, or determination of a proceeding under the Act . s 131 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment)

(a) the failure or otherwise of the complainant or the person associated with, or related to, the complainant, to do 1 of the things mentioned in section 130 (1) (a) (i) ,(ii) or (iii) (Meaning of victimisation); or
(b) the withdrawal, failure to pursue, or determination of a proceeding under the Act .

ch.7-pt.1

What the Queensland Human Rights Commission may do

ch.7-pt.1-div.1

The complaint process

sec.134

Who may complain

sec.134 Who may complain

Any of the following people may complain to the commissioner about an alleged contravention of the Act — a person who was subjected to the alleged contravention; an agent of the person; a person authorised in writing by the commissioner to act on behalf of a person who was subjected to the alleged contravention and who is unable to make or authorise a complaint. See also section 146 in relation to representative complaints. Two or more people may make a complaint jointly. A relevant entity may complain to the commissioner about a relevant alleged contravention. However, the commissioner may accept the relevant entity’s complaint under section 141 only if the commissioner is satisfied that— the complaint is made in good faith; and the relevant alleged contravention is about conduct that has affected or is likely to affect relevant persons for the relevant entity; and it is in the interests of justice to accept the complaint. In this section— relevant alleged contravention means an alleged contravention of section 124A . relevant entity means a body corporate or an unincorporated body, a primary purpose of which is the promotion of the interests or welfare of persons of a particular race, religion, sexuality or gender identity or having particular sex characteristics. relevant persons , for a relevant entity, means persons the promotion of whose interests or welfare is a primary purpose of the relevant entity. s 134 amd 2002 No. 74 s 25 ; 2010 No. 42 s 214 sch ; 2023 No. 17 s 156 ; 2024 No. 47 s 28 amd 2024 No. 47 s 28 (2) – (6) (uncommenced amendment) (sec.134-ssec.1) Any of the following people may complain to the commissioner about an alleged contravention of the Act — a person who was subjected to the alleged contravention; an agent of the person; a person authorised in writing by the commissioner to act on behalf of a person who was subjected to the alleged contravention and who is unable to make or authorise a complaint. See also section 146 in relation to representative complaints. (sec.134-ssec.2) Two or more people may make a complaint jointly. (sec.134-ssec.3) A relevant entity may complain to the commissioner about a relevant alleged contravention. (sec.134-ssec.4) However, the commissioner may accept the relevant entity’s complaint under section 141 only if the commissioner is satisfied that— the complaint is made in good faith; and the relevant alleged contravention is about conduct that has affected or is likely to affect relevant persons for the relevant entity; and it is in the interests of justice to accept the complaint. (sec.134-ssec.5) In this section— relevant alleged contravention means an alleged contravention of section 124A . relevant entity means a body corporate or an unincorporated body, a primary purpose of which is the promotion of the interests or welfare of persons of a particular race, religion, sexuality or gender identity or having particular sex characteristics. relevant persons , for a relevant entity, means persons the promotion of whose interests or welfare is a primary purpose of the relevant entity.

(a) a person who was subjected to the alleged contravention;
(b) an agent of the person;
(c) a person authorised in writing by the commissioner to act on behalf of a person who was subjected to the alleged contravention and who is unable to make or authorise a complaint.
(a) the complaint is made in good faith; and
(b) the relevant alleged contravention is about conduct that has affected or is likely to affect relevant persons for the relevant entity; and
(c) it is in the interests of justice to accept the complaint.

sec.135

Complaint may allege more than 1 contravention

sec.135 Complaint may allege more than 1 contravention

A person may make a complaint alleging more than 1 contravention of the Act . C applies to real estate agent R to rent a house and is asked to fill out a form which includes a question about his country of birth. C is not offered a house, and believes this is on the basis of his national origin. C may make a complaint about being required to answer a question about his national origin contrary to section 124 (Unnecessary information), or a complaint about unlawful discrimination under section 82 (Discrimination in pre-accommodation area), or both.

sec.136

Making a complaint

sec.136 Making a complaint

A complaint must— be in writing; and set out reasonably sufficient details to indicate an alleged contravention of the Act ; and state the complainant’s address for service; and be lodged with, or sent by post to, the commissioner. s 136 amd 2002 No. 74 s 26

(a) be in writing; and
(b) set out reasonably sufficient details to indicate an alleged contravention of the Act ; and
(c) state the complainant’s address for service; and
(d) be lodged with, or sent by post to, the commissioner.

More sections below

Source text: opening excerpt

Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.

ch.2-pt.1 Act’s anti-discrimination purpose

Act’s anti-discrimination purpose

sec.6 Act’s anti-discrimination purpose and how it is to be achieved

(a) prohibiting discrimination that is— (i) on a ground set out in part 2 ; and (ii) of a type set out in part 3 ; and (iii) in an area of activity set out in part 4 ;
(i) on a ground set out in part 2 ; and
(ii) of a type set out in part 3 ; and
(iii) in an area of activity set out in part 4 ;
(i) on a ground set out in part 2 ; and
(ii) of a type set out in part 3 ; and
(iii) in an area of activity set out in part 4 ;
(b) allowing a complaint to be made under chapter 7 against the person who has unlawfully discriminated; and
(c) using the agencies and procedures established under chapter 7 to deal with the complaint.