Australian Capital Territory Numbered Acts

DISCRIMINATION ACT 1991 (NO. 81 OF 1991)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Discrimination Act 1991.  
   2.      Commencement  
   3.      Objects  
   4.      Interpretation  
   5.      Complainants and respondents  
   6.      Position of Crown  

   PART II--DISCRIMINATION TO WHICH ACT APPLIES

   7.      Grounds  
   8.      What constitutes discrimination  
   9.      Impairment—guide dogs etc.  

   PART III--UNLAWFUL DISCRIMINATION

   10.     Applicants and employees  
   11.     Employees—religious practice  
   12.     Commission agents  
   13.     Contract workers  
   14.     Partnerships  
   15.     Professional or trade organisations  
   16.     Qualifying bodies  
   17.     Employment agencies  
   18.     Education  
   19.     Access to premises  
   20.     Goods, services and facilities  
   21.     Accommodation  
   22.     Clubs  
   23.     Requests etc. for information  

   PART IV--EXCEPTIONS TO UNLAWFUL DISCRIMINATION

   24.     Nothing in paragraph 10 (1) (a) or (b) or 13 (b) renders it unlawful for a person to discriminate against another person in connection with a position as an employee or contract worker where the duties of the position involve the performance of domestic duties on the premises on which the first-mentioned person resides.  
   25.     Residential care of children  
   26.     Domestic accommodation etc.  
   27.     Measures intended to achieve equality  
   28.     Insurance  
   29.     Superannuation  
   30.     Acts done under statutory authority etc.  
   31.     Voluntary bodies  
   32.     Religious bodies  
   33.     Educational institutions conducted for religious purposes  
   34.     Genuine occupational qualifications  
   35.     Employment of couple  
   36.     Educational institutions for members of one sex  
   37.     Pregnancy or childbirth  
   38.     Services for members of one sex  
   39.     Accommodation provided for employees, contract workers or students  
   40.     Clubs for members of one sex etc.  
   41.     Sport  
   42.     Genuine occupational qualifications  
   43.     Clubs for members of one race etc.  
   44.     Religious workers  
   45.     Political workers etc.  
   46.     Religious educational institutions  
   47.     Unjustifiable hardship  
   48.     Genuine occupational qualifications  
   49.     Work related discrimination  
   50.     Discrimination by qualifying bodies etc.  
   51.     Discrimination by educational institutions  
   52.     Discrimination concerning access to premises  
   53.     Discrimination in the provision of goods, services or facilities  
   54.     Discrimination concerning accommodation  
   55.     Discrimination by clubs  
   56.     Public health  
   57.     Sport  

   PART V--SEXUAL HARASSMENT MEANING OF SEXUAL HARASSMENT

   58.     (1) For the purposes of this Part, a person subjects another person to sexual harassment if the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the other person or engages in other unwelcome conduct of a sexual nature in circumstances in which the other person reasonably feels offended, humiliated or intimidated.  
   59.     Employment etc.  
   60.     Educational institutions  
   61.     Access to premises  
   62.     Provision of goods, services and facilities  
   63.     Accommodation  
   64.     Clubs  

   PART VI--RACIAL VILIFICATION INTERPRETATION

   65.     In this Part, “public act” includes—  
   66.     Racial vilification—unlawful  
   67.     Serious racial vilification—offence  

   PART VII--OTHER UNLAWFUL ACTS VICTIMISATION

   68.     (1) It is unlawful for a person to subject another person to any detriment on the ground that the other person has—  
   69.     Unlawful advertising  

   PART VIII--RESOLUTION OF COMPLAINTS

   70.     (1) A complaint alleging that a person has done an act that is unlawful under Part III, V, VII or section 66 may be lodged with the Commissioner by—  
   71.     Complaints not requiring investigation or further investigation  
   72.     Preliminary inquiries  
   73.     (1) Subject to section 71, the Commissioner shall investigate each complaint made in accordance with section 70.  
   74.     Parties to investigation  
   75.     Single investigation of several complaints  
   76.     Notice of investigation  
   77.     Representative complaints  
   78.     Ordinary complaints not precluded by representative complaints  
   79.     Conduct of investigations  
   80.     Conciliation  
   81.     Compulsory conferences  
   82.     Public hearings  
   83.     Notice of public hearings  
   84.     Appearance and representation at public hearings  
   85.     Power to obtain information and documents  
   86.     Taking evidence  
   87.     Reliance on exceptions and exemptions  
   88.     Commissioner may prohibit publication of evidence etc.  
   89.     Interim decisions  
   90.     Decisions following investigation  
   91.     Contravention of directions  
   92.     Recovery of compensation  
   93.     Vexatious complaints—expenses  
   94.     Review of decisions  
   95.     Notice of review rights  
   96.     (1) A person is not excused from providing information, producing a document or answering a question when required to do so under section 85 or 86 on the ground that the information, document or answer might tend to incriminate the person, but—  
   97.     Unlawful act not an offence  
   98.     Unlawful act no basis for civil action  
   99.     Aiding etc. unlawful acts  
   100.    Conduct of directors, servants and agents  
   101.    Protection from civil proceedings  
   102.    Expenses of witnesses etc.  
   103.    Failure to attend before Commissioner  
   104.    Failure to furnish information etc.  
   105.    Refusing to take oath etc.  
   106.    Obstructing Commissioner etc.  
   107.    Prohibited publications  
   108.    False information  

   PART IX--EXEMPTIONS GRANT OF EXEMPTIONS

   109.    (1) The Commissioner may, on application in writing, grant the applicant an exemption from the operation of a specified provision of Part III, V or VII.  
   110.    Review of decisions  

   PART X--DISCRIMINATION COMMISSIONER FUNCTIONS

   111.    (1) In addition to the other functions conferred on the Commissioner by or under this Act, the Commissioner has the following functions:  
   112.    Appointment  
   113.    Remuneration and allowances  
   114.    Resignation  
   115.    Termination of appointment  
   116.    Terms and conditions generally  
   117.    Acting Commissioner  
   118.    Staff  
   119.    Annual report  
   120.    Delegation  

   PART XI--MISCELLANEOUS IMMUNITY FROM SUIT

   121.    No action, suit or proceeding lies against a person who is or has been—  
   122.    Secrecy  
   123.    Corporations—penalties  
   124.    Inter-governmental arrangements  
   125.    Performance of functions under inter-governmental arrangement  
   126.    Relationship to other laws  
   127.    Regulations