Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the Equal Opportunity Act 1984. 5—Interpretation (1) In this Act, unless the contrary intention appears— act includes an omission; assistance animal means— (a) a dog that is an accredited assistance dog under the Dog and Cat Management Act 1995; or (b) an animal of a class prescribed by regulation; business includes a business that is not carried on for profit; caring responsibilities—see subsection (3); child means a person who is under the age of 18 years; close personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their sexual orientation or gender identity) who live together as a couple on a genuine domestic basis, but does not include— (a) the relationship between a legally married couple; or (b) a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind; Note— Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them. Commissioner means the person for the time being holding or acting in the office of Commissioner for Equal Opportunity under this Act; council means a council constituted under the Local Government Act 1999; court includes a tribunal; detriment includes humiliation or denigration; disability, in relation to a person, means— (a) total or partial loss of the person's bodily or mental functions; or (b) total or partial loss of a part of the body; or (c) the presence in the body of organisms causing disease or illness; or (d) the presence in the body of organisms capable of causing disease or illness; or (e) the malfunction, malformation or disfigurement of a part of the person's body; or (f) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or (g) a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour; domestic abuse has the same meaning as in the Intervention Orders (Prevention of Abuse) Act 2009; domestic partner means— (a) a person who is in a registered relationship; or (b) a person who lives in a close personal relationship; educational authority means the person or body administering a school, college, university or other institution at which education or training is provided; employee— (a) includes the holder of a public or statutory office (not being a judicial or magisterial office); and (b) includes an unpaid worker; employer— (a) in relation to the holder of a public or statutory office—means the Crown; (b) in relation to an unpaid worker—means an organisation for which the unpaid worker performs services; employment includes unpaid work; employment agency means a person who, for fee or reward, introduces persons seeking work to persons seeking to employ or engage persons to perform work; introduction agency means a person who carries on a business of introducing persons who are seeking companionship or social contact; judicial officer means a member of a court or tribunal; marital or domestic partnership status means the status or condition of— (a) being single; or (b) being married; or (c) being married but living separately and apart from one's spouse; or (d) being divorced; or (e) being widowed; or (f) being a domestic partner; medical practitioner means a person who is registered in this State as a medical practitioner; near relative of a person means spouse, domestic partner, parent, child, grandparent, grandchild, brother or sister; parliamentary proceedings means proceedings before— (a) the House of Assembly or the Legislative Council; or (b) a committee of either House or of both Houses; potential pregnancy of a woman means that the woman is likely, or is perceived as being likely, to become pregnant; race of a person means the nationality (current, past or proposed), country of origin, colour or ancestry of the person; registered industrial association means an industrial association or organisation registered under a law of the State or the Commonwealth; registered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act; Registrar means the person holding or acting in the office of Registrar of the Tribunal under this Act; SAET means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014; secondary education institution means an institution at which secondary education is provided; services to which this Act applies means— (a) access to or use of a place or facilities that members of the public are permitted to enter or use; or (b) services provided by an employment agency; or (c) services provided in the course of a banking business (within the meaning of the Banking Act 1959 of the Commonwealth), the provision of credit, or insurance; or (d) the provision of a scholarship, prize or award; or (e) entertainment, recreation or refreshment; or (f) services provided by an introduction agency; or (g) the provision of coaching or umpiring in a sport; or (h) services connected with transportation or travel; or (i) services of a profession or trade; or (j) services provided by a Government department, instrumentality or agency or a council; spouse—a person is the spouse of another if they are legally married; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; unpaid worker means a person who performs work for an employer for no remuneration. (2) After the commencement of this subsection, the provision of assisted insemination or assisted reproductive treatment (both within the meaning of the Assisted Reproductive Treatment Act 1988) will be the provision of a service to which this Act applies; however, to avoid doubt, the provision of any such service before the commencement of this subsection is not (and will be taken never to have been) a service to which this Act or the repealed Sex Discrimination Act 1975 applied. (2a) Despite subsection (2), the refusal by a person who is a registered objector within the meaning of the Assisted Reproductive Treatment Act 1988 to provide assisted reproductive treatment to another on the basis of the other's sexual orientation or gender identity, or marital status, will not be taken to be refusal of a service to which this Act applies. (3) For the purposes of this Act— (a) a person has caring responsibilities if the person has responsibilities to care for or support— (i) a dependent child of the person; or (ii) any other immediate family member of the person who is in need of care and support; and (b) an Aboriginal or Torres Strait Islander person also has caring responsibilities if the person has responsibilities to care for or support any person to whom that person is held to be related according to Aboriginal kinship rules or Torres Strait Islander kinship rules, as the case may require. (4) In subsection (3)— child includes an adopted child, a step-child or an ex-nuptial child; dependent child of a person means a child who is wholly or substantially dependent on the person; immediate family member of a person includes— (a) the person's spouse or domestic partner or former spouse or former domestic partner; and (b) an adult child, parent, grandparent, grandchild, or sibling of the person or of the spouse or domestic partner of the person. 6—Interpretative provisions (1) For the purposes of this Act, the holder of a public or statutory office will, in carrying out official duties, be taken to be acting in the course of employment. (2) For the purposes of this Act, a person acts on a particular ground referred to in this Act if the person in fact acts on a number of grounds, one of which is the ground so referred to, and that ground is a substantial reason for the act. (3) For the purposes of this Act, a person (the discriminator) treats another unfavourably on the basis of a particular attribute or circumstance if the discriminator treats that other person less favourably than in identical or similar circumstances the discriminator treats, or would treat, a person who does not have that attribute or is not affected by that circumstance. (4) For the purposes of this Act, an act will be regarded as a discriminatory act despite the fact that the person alleged to have committed the act did so on the basis of a mistaken assumption (for example, a mistaken assumption that another person was of a particular sexual orientation or gender identity or a particular race). 7—Crown is bound This Act binds the Crown.