Part 4Prohibition of discrimination on ground of race

Part 4—Prohibition of discrimination on ground of race Division 1—Discrimination to which Part 4 applies 51—Criteria for establishing discrimination on ground of race For the purposes of this Act, a person discriminates on the ground of race— (a) if he or she treats another unfavourably by reason of the other's race; or (b) if he or she treats another person 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 race complies, or is able to comply, with the requirement than of those of the other's race; and (c) if he or she treats another unfavourably on the basis of a characteristic that appertains generally to persons of the other's race, or on the basis of a presumed characteristic that is generally imputed to persons of that race; or (d) if he or she 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. 52—Discrimination against applicants and employees (1) It is unlawful for an employer to discriminate against a person on the ground of race— (2) It is unlawful for an employer to discriminate against an employee on the ground of race— (b) by denying or limiting access to opportunities for promotion, transfer or training, or to other benefits connected with employment; or (d) by segregating the employee from persons of other races; or (e) by subjecting the employee to other detriment. 53—Discrimination against agents and independent contractors (2) It is unlawful for the principal to discriminate against a person on the ground of race— (3) It is unlawful for the principal to discriminate against an agent or independent contractor on the ground of race— (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 54—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 race. (3) It is unlawful for the principal to discriminate against a contract worker on the ground of race— 55—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 race— (2) It is unlawful for a firm to discriminate against a partner on the ground of race— 56—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 race in relation to employment or engagement for which it is a genuine occupational requirement that a person be of a particular race. 57—Discrimination by associations on ground of race (a) against an applicant for membership on the ground of race— (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 to a particular class of membership; or (b) against a member of the association on the ground of race— (2) This section does not apply to a club established principally for the purpose of promoting social intercourse between the members of a particular racial or ethnic group. 58—Discrimination by qualifying bodies (1) 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 race— (2) Without limiting the generality of subsection (1), an authority or body discriminates against a person on the ground of race if the authority or body— (a) fails to take reasonable steps to inform itself sufficiently on the adequacy or appropriateness of qualifications or experience gained outside of Australia by the person; and (b) in consequence of that failure, refuses to confer on the person an authorisation or qualification for which the person has applied. 59—Discrimination by educational authorities (1) It is unlawful for an educational authority to discriminate against a person on the ground of race— (2) It is unlawful for an educational authority to discriminate against a student on the ground of race— 60—Discrimination by person disposing of an interest in land (1) It is unlawful for a person to discriminate against another on the ground of race— (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. 61—Discrimination in provision of goods and services It is unlawful for a person who offers or provides— (whether for payment or not) to discriminate against another on the ground of race— 62—Discrimination in relation to accommodation (1) It is unlawful for a person to discriminate against another on the ground of race— (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 race— (2a) 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. 63—Superannuation schemes and provident funds (1) It is unlawful for a person who provides a superannuation scheme or provident fund to discriminate against a person on the ground of race— (a) by providing a scheme or fund that discriminates or, if the other person were to become a member of the scheme or fund, would discriminate, or require or authorise discrimination, against the other person; or (b) in the manner in which the scheme or fund is administered. (2) Subject to any order of the Tribunal or a court in proceedings under this Act, nothing in this section has the effect of rendering a superannuation scheme or provident fund, or a provision of such a scheme or fund, void. Division 7—General exemptions from Part 4 64—Charities (a) affect a provision in a charitable instrument for conferring benefits wholly or mainly on persons of a particular race; or 65—Act does not apply to projects for benefit of persons of a particular race This Part does not render unlawful an act done for the purpose of carrying out a scheme or undertaking for the benefit of persons of a particular race.