Part 3Prohibition of discrimination on ground of sex, sexual orientation or gender identity

Part 3—Prohibition of discrimination on ground of sex, sexual orientation or gender identity Division 1—Discrimination to which Part 3 applies 29—Criteria for discrimination on ground of sex, gender identity, sexual orientation or intersex status (2) For the purposes of this Act, a person discriminates on the ground of sex— (a) if the person treats another unfavourably because of the other's sex; or (b) if the person treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and— (i) the nature of the requirement is such that a substantially higher proportion of persons of the opposite sex complies, or is able to comply, with the requirement than of those of the other's sex; and (c) if the person treats another unfavourably on the basis of a characteristic that appertains generally to persons of the other's sex, or on the basis of a presumed characteristic that is generally imputed to persons of that sex; or (d) if the person treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs. (2a) For the purposes of this Act, a person discriminates on the ground of gender identity— (a) if the person treats another unfavourably because the other is or has been a person of a particular gender identity or because of the other's past sex; or (b) if the person treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and— (i) the nature of the requirement is such that a substantially higher proportion of persons who are not persons of a particular gender identity comply, or are able to comply, with the requirement than of those of the particular gender identity; and (c) if the person treats another unfavourably on the basis of a characteristic that appertains generally to persons of a particular gender identity, or on the basis of a presumed characteristic that is generally imputed to persons of a particular gender identity; or (d) if the person requires a person of a particular gender identity to assume characteristics of a sex with which the person does not identify; or (e) if the person treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs. (3) For the purposes of this Act, a person discriminates on the ground of sexual orientation— (a) if the person treats another unfavourably because of the other's sexual orientation or past sexual orientation; or (b) if the person treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and— (i) the nature of the requirement is such that a substantially higher proportion of persons of a different sexual orientation complies, or is able to comply, with the requirement than of those of the other's sexual orientation; and (c) if the person treats another unfavourably on the basis of a characteristic that appertains generally to persons of the other's sexual orientation, or presumed sexual orientation, or on the basis of a presumed characteristic that is generally imputed to persons of that sexual orientation; or (d) if the person treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs. (4) For the purposes of this Act, a person discriminates on the ground of intersex status— (a) if the person treats another unfavourably because of the other's intersex status or past intersex status; or (b) if the person treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and— (i) the nature of the requirement is such that a substantially higher proportion of persons who are not of intersex status complies, or is able to comply, with the requirement than of those of intersex status; and (c) if the person treats another unfavourably on the basis of a characteristic that appertains generally to persons of intersex status, or presumed intersex status, or on the basis of a presumed characteristic that is generally imputed to persons of intersex status; or (d) if the person treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs. 30—Discrimination against applicants and employees (1) It is unlawful for an employer to discriminate against a person on the ground of sex, sexual orientation, gender identity or intersex status— (2) It is unlawful for an employer to discriminate against an employee on the ground of sex, sexual orientation, gender identity or intersex status— (b) by denying or limiting access to opportunities for promotion, transfer or training, or to other benefits connected with employment; or 31—Discrimination against agents and independent contractors (2) It is unlawful for the principal to discriminate against a person on the ground of sex, sexual orientation, gender identity or intersex status— (3) It is unlawful for the principal to discriminate against an agent or independent contractor on the ground of sex, sexual orientation, gender identity or intersex status— (b) by denying or limiting access to opportunities for promotion, transfer or training or other benefits connected with the agent's or independent contractor's position; or 32—Discrimination against contract workers (1) This section applies to a principal for whom work is done by persons (contract workers) under a contract between the principal and another where the contract workers are employed or engaged by a person other than the principal. (2) It is unlawful for a principal to enter into a contract or arrangement with another for work to be performed by contract workers under which a person is to discriminate against a contract worker on the ground of sex, sexual orientation, gender identity or intersex status. (3) It is unlawful for the principal to discriminate against a contract worker on the ground of sex, sexual orientation, gender identity or intersex status— 33—Discrimination within partnerships (1) It is unlawful for a firm, or a person promoting the formation of a firm, to discriminate against a person on the ground of sex, sexual orientation, gender identity or intersex status in determining, or in the course of determining, who should be offered a position as partner in the firm. (3) It is unlawful for a firm, or a person promoting the formation of a firm, to discriminate against a person on the ground of sex, sexual orientation, gender identity or intersex status in the terms or conditions on which that person is offered a position as partner in the firm. (4) It is unlawful for a firm to discriminate against a partner on the ground of sex, sexual orientation, gender identity or intersex status— 34—Exemptions (b) a principal engaging a natural person as an independent contractor for purposes not connected with a business carried on by the principal. (2) This Division does not apply to discrimination on the ground of sex, sexual orientation, gender identity or intersex status in relation to employment or engagement for which it is a genuine occupational requirement that a person be a person of a particular sex, sexual orientation, gender identity or intersex status. (3) This Division does not apply to discrimination on the ground of sexual orientation, gender identity or intersex status in relation to employment or engagement for the purposes of an educational institution if— (a) the educational institution is administered in accordance with the precepts of a particular religion and the discrimination is founded on the precepts of that religion; and (b) the educational authority administering the institution has a written policy stating its position in relation to the matter; and (c) a copy of the policy is given to a person who is to be interviewed for or offered employment with the authority or a teacher who is to be offered engagement as a contractor by the authority; and (d) a copy of the policy is provided on request, free of charge— (i) to employees and contractors and prospective employees and contractors of the authority to whom it relates or may relate; and (ii) to students, prospective students and parents and guardians of students and prospective students of the institution; and (iii) to other members of the public. (4) This Division does not apply to discrimination on the ground of gender identity in relation to employment or engagement if the discrimination is for the purposes of enforcing standards of appearance and dress reasonably required for the employment or engagement. 35—Discrimination by associations (a) against an applicant for membership on the ground of sex, sexual orientation, gender identity or intersex status— (i) by refusing or failing to admit the applicant to membership, or to a particular class of membership, of the association; or (ii) in the terms on which the applicant is, or may be, admitted to membership, or a particular class of membership; or (b) against a member of the association on the ground of sex, sexual orientation, gender identity or intersex status— (2) This section does not apply to discrimination on the ground of sex in relation to the use or enjoyment of a service or benefit provided by an association— (a) if it is not practicable for the service or benefit to be used or enjoyed simultaneously by persons of different sex, but the same, or an equivalent, service or benefit is provided for the use or enjoyment of persons of different sex separately from each other or at different times; or (b) if it is not practicable for the service or benefit to be used or enjoyed to the same extent by persons of different sex, but persons of different sex are entitled to a fair and reasonable proportion of the use or enjoyment of the service or benefit. (2a) This section does not render unlawful an association established for— (a) persons of a particular sex; or (b) persons of a particular gender identity; or (c) persons of a particular sexual orientation (other than heterosexuality); or (d) persons of intersex status, and, consequently, such an association may discriminate against an applicant for membership so as to exclude from membership persons other than those for whom the association is established. (2b) This section does not apply to discrimination on the ground of sexual orientation, gender identity or intersex status if the association is administered in accordance with the precepts of a particular religion and the discrimination is founded on the precepts of that religion. (3) Without limiting the generality of this section, an association discriminates against a member of a particular class in the association if, on application by that member to join a different class of membership in the association, the association accords the member a lower order of precedence on the list of applicants for that class of membership than that accorded to an applicant who is not a member of the association. 36—Discrimination by qualifying bodies It is unlawful for an authority or body empowered to confer an authorisation or qualification that is needed for, or facilitates, the practice of a profession, or the carrying on or engaging in of a trade or occupation, to discriminate against a person on the ground of sex, sexual orientation, gender identity or intersex status— (b) in the terms or conditions on which it confers or renews the authorisation or qualification; or 37—Discrimination by educational authorities (1) It is unlawful for an educational authority to discriminate against a person on the ground of sex, sexual orientation, gender identity or intersex status— (2) It is unlawful for an educational authority to discriminate against a student on the ground of sex, sexual orientation, gender identity or intersex status— (a) in the terms or conditions on which it provides the student with training or education; or (3) This section does not apply to discrimination on the ground of sex in respect of— (a) admission to a school, college, university or institution established wholly or mainly for students of the one sex; or (b) the admission of a person to a school, college or institution (not being a tertiary level school, college or institution) if the level of education or training sought by the person is provided only for students of the one sex; or (c) the provision at a school, college, university or institution of boarding facilities for students of the one sex. 38—Discrimination by person disposing of an interest in land (1) It is unlawful for a person to discriminate against another on the ground of sex, sexual orientation, gender identity or intersex status— (2) This section does not apply to the disposal of an interest in land by way of, or pursuant to, a testamentary disposition or gift. 39—Discrimination in provision of goods and services (whether for payment or not) to discriminate against another on the ground of sex, sexual orientation, gender identity or intersex status— (2) If the nature of a skill varies according to whether it is exercised in relation to men or to women, a person does not contravene this section by exercising the skill in relation to men only, or women only, in accordance with the person's normal practice. 40—Discrimination in relation to accommodation (1) It is unlawful for a person to discriminate against another on the ground of sex, sexual orientation, gender identity or intersex status— (c) by deferring such an application or according the applicant a lower order of precedence on a list of applicants for that accommodation. (2) It is unlawful for a person to discriminate against a person for whom accommodation has been provided on the ground of sex, sexual orientation, gender identity or intersex status— (3) This section does not apply to discrimination in relation to the provision of accommodation if the person who provides, or proposes to provide, the accommodation, or a near relative of that person, resides, and intends to continue to reside, in the same household as the person requiring the accommodation. (4) This section does not apply to discrimination on the ground of sex in relation to the provision of accommodation by an organisation that does not seek to secure a pecuniary profit for its members, if the accommodation is provided only for persons of the one sex.