New South Wales Consolidated Acts

ANTI-DISCRIMINATION ACT 1977 - SECT 4

4 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires--

"accommodation" includes residential or business accommodation.

"associate" of a person means--

(a) any person with whom the person associates, whether socially or in business or commerce, or otherwise, and

(b) any person who is wholly or mainly dependent on, or a member of the household of, the person.

"Board" means the Anti-Discrimination Board constituted under this Act.

"commission agent" means an agent who is remunerated by commission.

"contract worker" means an employee who, under a contract of employment performs work for an employer who has undertaken to perform that work for another person.

"corporation" has the same meaning as in the Corporations Act 2001 of the Commonwealth.

"council" means a council, a county council or a joint organisation within the meaning of the Local Government Act 1993 .

"disability" means--

(a) total or partial loss of a person's bodily or mental functions or of a part of a person's body, or

(b) the presence in a person's body of organisms causing or capable of causing disease or illness, or

(c) the malfunction, malformation or disfigurement of a part of a person's body, or

(d) a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction, or

(e) a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour.

"educational authority" means a person or body administering a school, college, university or other institution at which education or training is provided.

"employment" includes work under a contract for services.

"employment agency" means a person who, for profit or not, provides services for the purpose of finding work or employment for others or for supplying employers with workers or employees.

"functions" includes powers, authorities and duties.

"head" of a Public Service agency has the same meaning as in the Government Sector Employment Act 2013 .

"homosexual" means male or female homosexual.

"industrial organisation" means an industrial organisation within the meaning of the Industrial Relations Act 1996 or an organisation registered under the Industrial Relations Act 1988 of the Commonwealth.

"marital or domestic status" means the status or condition of being--

(a) single, or

(b) married, or

(c) married but living separately and apart from one's spouse, or

(d) divorced, or

(e) widowed, or

(f) in a de facto relationship.

"near relative" , in relation to a person, means the spouse, de facto partner, parent, child, grandparent, grandchild, brother or sister of the person.

"President" means the President of the Board.

"principal" means--

(a) in relation to a commission agent, a person for whom work is done by that commission agent, or

(b) in relation to a contract worker, a person for whom a contract worker performs work otherwise than under a contract of employment.

"private educational authority" means a person or body administering a school, college, university or other institution at which education or training is provided, not being--

(a) a school, college, university or other institution established under the Education Act 1990 (by the Minister administering that Act), the Technical and Further Education Commission Act 1990 or an Act of incorporation of a university, or

(b) an agricultural college administered by the Minister for Agriculture.

"Public Service agency" has the same meaning as in the Government Sector Employment Act 2013 .

"race" includes colour, nationality, descent and ethnic, ethno-religious or national origin.

"recognised transgender person" means a person the record of whose sex is altered under Part 5A of the Births, Deaths and Marriages Registration Act 1995 or under the corresponding provisions of a law of another Australian jurisdiction.

"registered club" has the same meaning as in the Registered Clubs Act 1976 .

"regulation" means a regulation made under this Act.

"relative" of a person means any person to whom the person is related by blood, marriage, affinity or adoption, or the de facto partner of the person.

"services" includes--

(a) services relating to banking, insurance and the provision of grants, loans, credit or finance,

(b) services relating to entertainment, recreation or refreshment,

(c) services relating to transport or travel,

(d) services of any profession or trade,

(e) services provided by a council or public authority,

(f) services consisting of access to, and the use of any facilities in, any place or vehicle that the public or a section of the public is entitled or allowed to enter or use, for payment or not.

"Tribunal" means the Civil and Administrative Tribunal.

"vehicle" includes a ship, an aircraft and a hovercraft.

Note--: The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) A reference in this Act to the exercise of a function includes, where that function is a duty, a reference to the performance of that duty.

(3) For the purposes of this Act, the fact that a race may comprise two or more distinct races does not prevent it from being a race.

(4) A reference in this Act to the conferring, renewing or extending of an authorisation or a qualification, in relation to an authority or a body which is empowered to confer, renew or extend an authorisation or a qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation, includes a reference to the conferring, renewing, extending, granting, awarding, approving, issuing or accepting of a recognition, registration, enrolment, approval or certification by such an authority or such a body or to the admission of a person to membership of such an authority or such a body.

(5) Notes included in this Act do not form part of this Act.