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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Equal Opportunity (Miscellaneous) Amendment
Bill 2008
A BILL FOR
An Act to amend the Equal Opportunity Act 1984.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Equal Opportunity
Act 1984
4 Amendment of long title
5 Amendment of section
5—Interpretation
6 Amendment of section 6—Interpretative
provisions
7 Amendment of section 10—Administration of Act and
Ministerial direction
8 Amendment of section 11—Functions of
Commissioner
9 Amendment of section 14—Annual report by
Commissioner
10 Amendment of section 23—Conduct of
proceedings
11 Amendment of section 25—General powers of
Tribunal
12 Substitution of heading to Part 3
13 Amendment of section
29—Criteria for discrimination on ground of sex, chosen gender or
sexuality
14 Substitution of heading to Part 3 Division 2
15 Amendment of
section 31—Discrimination against agents and independent
contractors
16 Amendment of section 32—Discrimination against contract
workers
17 Amendment of section 33—Discrimination within
partnerships
18 Substitution of section
34
34 Exemptions
19 Amendment of section
35—Discrimination by associations
20 Repeal of section
35A
21 Amendment of section 40—Discrimination in relation to
accommodation
22 Amendment of section 45—Charities
23 Repeal of
section 46
24 Amendment of section 47—Measures intended to achieve
equality
25 Amendment of section 50—Religious bodies
26 Amendment of
section 51—Criteria for establishing discrimination on ground of
race
27 Substitution of heading to Part 4 Division 2
28 Amendment of
section 53—Discrimination against agents and independent
contractors
29 Amendment of section 54—Discrimination against contract
workers
30 Amendment of section 56—Exemptions
31 Amendment of
section 62—Discrimination in relation to accommodation
32 Amendment of
heading to Part 5
33 Amendment of section 66—Criteria for establishing
discrimination on ground of disability
34 Substitution of heading to Part 5
Division 2
35 Amendment of section 67—Discrimination against applicants
and employees
36 Amendment of section 68—Discrimination against agents
and independent contractors
37 Amendment of section 69—Discrimination
against contract workers
38 Amendment of section 70—Discrimination
within partnerships
39 Amendment of section
71—Exemptions
40 Amendment of section 72—Discrimination by
associations
41 Amendment of section 73—Discrimination by qualifying
bodies
42 Amendment of section 74—Discrimination by educational
authorities
43 Amendment of section 75—Discrimination by person
disposing of interest in land
44 Amendment of section 76—Discrimination
in provision of goods and services
45 Amendment of section
77—Discrimination in relation to accommodation
46 Amendment of section
78—Discrimination in relation to superannuation
47 Amendment of section
79—Exemption in relation to remuneration
48 Insertion of section
79A
79A Exemption in relation to infectious
diseases
49 Amendment of section 80—Exemption for
charities
50 Amendment of section 81—Exemption in relation to sporting
activities
51 Amendment of section 82—Exemption for projects for
benefit of persons with particular disability
52 Substitution of section
84
84 Exemption for unjustifiable
hardship
53 Amendment of section 85—Exemption in relation to
insurance
54 Amendment of section 85A—Criteria for establishing
discrimination on ground of age
55 Substitution of heading to Part 5A
Division 2
56 Amendment of section 85C—Discrimination against agents
and independent contractors
57 Amendment of section 85D—Discrimination
against contract workers
58 Amendment of section
85F—Exemptions
59 Amendment of section 85K—Discrimination in
provision of goods and services
60 Amendment of section
85L—Discrimination in relation to accommodation
61 Insertion of Part
5B
Part 5B—Prohibition of discrimination on other grounds
Division 1—Discrimination to which Part 5B
applies
85T Criteria for establishing discrimination on other
grounds
Division 2—Discrimination against
workers
85U Application of
Division
85V Discrimination against applicants and
employees
85W Discrimination against agents and
independent contractors
85X Discrimination against
contract workers
85Y Discrimination within
partnerships
85Z Exemptions
Division 3—Discrimination by other
bodies
85ZA Application of
Division
85ZB Discrimination by
associations
85ZC Discrimination by qualifying
bodies
Division 4—Discrimination in
education
85ZD Application of
Division
85ZE Discrimination by educational
authorities
Division 5—Discrimination in relation to land, goods, services and
accommodation
85ZF Discrimination by person disposing of
interest in land
85ZG Discrimination in provision of
goods and services
85ZH Discrimination in relation to
accommodation
Division 6—General exemptions from Part
5B
85ZI Charities
85ZJ Rights in
connection with pregnancy
85ZK Measures intended to
achieve equality
85ZL Exemption relating to identity of
spouse or domestic partner
85ZM Religious
bodies
85ZN Exemption relating to religious appearance
or dress
62 Amendment of section 87—Sexual
harassment
63 Substitution of section 88
87A Sharing
accommodation with child
87B Student breast feeding
infant
88 Assistance
animals
88A Therapeutic
animals
64 Substitution of section 91
91 Civil
liability of employers and principals
65 Substitution of heading to
Part 8 Division 1
66 Amendment of section 93—Making of
complaints
67 Amendment of section 93A—Matters initiated by
Commissioner
68 Amendment of section 94—Investigations of complaints or
matters initiated by Commissioner
69 Substitution of section
95
95 Conciliation of complaints lodged with
Commissioner
95A Commissioner may decline complaints in
certain circumstances
95B Referral of complaints to
Tribunal
95C Referral of matters initiated by
Commissioner to Tribunal
70 Amendment of section 96—Power of
Tribunal to make certain orders
71 Insertion of section
96A
96A Limitation on publicity relating to
child
72 Amendment of heading to Part 8 Division 2
73 Insertion of
section 96B
96B Review of refusal to extend
time
74 Amendment of section 100—Proceedings under Fair Work
Act 1994
75 Amendment of section 102—Offences against
Commissioner
76 Amendment of section 103—Discriminatory
advertisements
77 Substitution of section 104
104 Service
of documents
78 Amendment of section 106—Regulations
Schedule 1—Further amendments of Equal Opportunity
Act 1984
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Equal Opportunity (Miscellaneous) Amendment
Act 2008.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Equal Opportunity
Act 1984
Long title—delete "sex, sexuality, marital status, pregnancy, race,
physical or intellectual impairment or age" and substitute:
sex, race, disability, age or various other grounds
5—Amendment of
section 5—Interpretation
(1) Section 5(1)—before the definition of the
Commissioner insert:
act includes an omission;
assistance animal means—
(a) a dog that is an accredited guide dog, an accredited hearing dog or an
accredited disability 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;
chosen gender—see subsection (5);
close personal relationship means the relationship between 2
adult persons (whether or not related by family and irrespective of their
gender) 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.
(2) Section 5(1)—after the definition of detriment
insert:
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;
(3) Section 5(1), definition of domestic
partner—delete the definition and substitute:
domestic partner—a person is the domestic partner of
another if he or she lives with the other in a close personal
relationship;
(4) Section 5(1), definition of employment
agency—delete "employment to employers" and substitute:
work to persons seeking to employ or engage persons to perform
work
(5) Section 5(1), definitions of impairment and
intellectual impairment—delete the definitions
(6) Section 5(1), definition of marital status—delete
"marital status means" and substitute:
marital or domestic partnership status means
(7) Section 5(1), definition of marital status,
(f)—delete paragraph (f) and substitute:
(f) being a domestic partner;
(8) Section 5(1), after the definition of marital status
insert:
medical practitioner means a person who is registered in this
State as a medical practitioner;
(9) Section 5(1), definitions of physical impairment and
race—delete the definitions and substitute:
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;
(10) Section 5(1), after the definition of the Registrar
insert:
secondary education institution means an institution at which
secondary education is provided;
(11) Section 5(1), definition of services to which this Act
applies, (a)—delete paragraph (a) and substitute:
(a) access to or use of a place or facilities that members of the public
are permitted to enter or use; or
(12) Section 5(1), definition of sexuality—delete ",
bisexuality or transexuality" and substitute:
or bisexuality
(13) Section 5(1), definitions of transexual and
transexuality—delete the definitions
(14) Section 5—after subsection (2) insert:
(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.
(5) For the purposes of this Act, a person is a person of a chosen
gender if—
(a) the person identifies on a genuine basis as a member of the opposite
sex by assuming characteristics of the opposite sex (whether by means of medical
intervention, style of dressing or otherwise) or by living, or seeking to live,
as a member of the opposite sex; or
(b) the person, being of indeterminate sex, identifies on a genuine basis
as a member of a particular sex by assuming characteristics of the particular
sex (whether by means of medical intervention, style of dressing or otherwise)
or by living, or seeking to live, as a member of the particular sex.
6—Amendment of
section 6—Interpretative provisions
Section 6—after subsection (3) insert:
(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 sexuality or a particular
race or a person of a chosen gender).
7—Amendment of
section 10—Administration of Act and Ministerial
direction
Section 10—after its present contents (now to be designated as
subsection (1)) insert:
(2) However, the Minister—
(a) must not give a direction in relation to the manner in which action
should be taken on a particular complaint; and
(b) must not seek information tending to identify a party to proceedings
under this Act.
8—Amendment of
section 11—Functions of Commissioner
(1) Section 11(1)—delete "ground of sex, sexuality, marital status,
pregnancy, race, impairment or age" and substitute:
grounds to which this Act applies
(2) Section 11(2)—delete "ground of sex, sexuality, marital status,
pregnancy, race, impairment or age" and substitute:
grounds to which this Act applies
9—Amendment of
section 14—Annual report by Commissioner
(1) Section 14(1)—delete "31 December" and substitute:
30 September
(2) Section 14(1)(b)—delete "pursuant to sections 11 and 12" and
substitute:
under section 11
(3) Section 14(2)—delete "14" wherever occurring and substitute in
each case:
12
10—Amendment of
section 23—Conduct of proceedings
Section 23—after subsection (1) insert:
(1a) The Tribunal constituted of the person presiding over the proceedings
may, sitting alone—
(a) deal with—
(i) preliminary, interlocutory or procedural matters; or
(ii) questions of costs; or
(iii) questions of law; or
(b) embody the terms of a settlement in an order,
and may, for that purpose or as a consequence, while sitting alone, make
any determination or order (including a final order) that the person considers
appropriate.
11—Amendment of
section 25—General powers of Tribunal
Section 25(2), penalty provision—delete the penalty provision and
substitute:
Maximum penalty: $5 000.
12—Substitution of
heading to Part 3
Heading to Part 3—delete the heading and substitute:
Part 3—Prohibition of discrimination on ground of
sex, chosen gender or sexuality
13—Amendment of
section 29—Criteria for discrimination on ground of sex, chosen gender or
sexuality
(1) Section 29(1)—delete subsection (1)
(2) Section 29(2)—after paragraph (c) insert:
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.
(3) Section 29—after subsection (2) insert:
(2a) For the purposes of this Act, a person discriminates on the ground of
chosen gender—
(a) if he or she treats another unfavourably because the other is or has
been a person of a chosen gender or because of the other's past sex;
or
(b) if he or she 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 chosen gender comply, or are able
to comply, with the requirement than of those of a chosen gender; and
(ii) the requirement is not reasonable in the circumstances of the case;
or
(c) if he or she treats another unfavourably on the basis of a
characteristic that appertains generally to persons of a chosen gender, or on
the basis of a presumed characteristic that is generally imputed to persons of a
chosen gender; or
(d) if he or she requires a person of a chosen gender to assume
characteristics of the sex with which the person does not identify; or
(e) 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.
(4) Section 29(3)—delete "Subject to subsection (4), for" and
substitute:
For
(5) Section 29(3)(a)—delete ", or a presumed sexuality" and
substitute:
or past sexuality
(6) Section 29(3)—after paragraph (c) insert:
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.
(7) Section 29(4) to (6)—delete subsections (4) to (6)
14—Substitution of
heading to Part 3 Division 2
Heading to Part 3 Division 2—delete the heading and
substitute:
Division 2—Discrimination against
workers
15—Amendment of
section 31—Discrimination against agents and independent
contractors
(1) Section 31(1)—delete subsection (1) and substitute:
(1) This section applies to a principal for whom work is
done—
(a) by agents remunerated by commission; or
(b) by independent contractors engaged under a contract for
services.
(2) Section 31(2)(a)—after "agent" insert:
or independent contractor
(3) Section 31(3)—after "agent" wherever occurring insert:
or independent contractor
(4) Section 31(3)(b)—after "agent's" insert:
or independent contractor's
16—Amendment of
section 32—Discrimination against contract workers
(1) Section 32(1) and (2)—delete subsections (1) and (2) and
substitute:
(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, chosen gender
or sexuality.
(2) Section 32(3)(c)—delete "employment" and substitute:
the employment or position concerned
17—Amendment of
section 33—Discrimination within partnerships
(1) Section 33(1)—delete "(otherwise than on the ground of
sexuality)"
(2) Section 33(2)—delete subsection (2)
Section 34—delete the section and substitute:
34—Exemptions
(1) This Division does not apply in relation to—
(a) an employer employing a person for purposes not connected with a
business carried on by the employer; or
(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,
chosen gender or sexuality in relation to employment or engagement for which it
is a genuine occupational requirement that a person be a person of a particular
sex, a person of a chosen gender or a person of a particular
sexuality.
(3) This Division does not apply to discrimination on the ground of chosen
gender or sexuality 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) the policy is made available on the website of the educational
institution (if it has a website); 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
chosen gender 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.
19—Amendment of
section 35—Discrimination by associations
(1) Section 35(1)—delete "that has both male and female members"
(2) Section 35(1)(a)—delete "on the ground of sex, marital status or
pregnancy" and substitute:
on the ground of sex, chosen gender or sexuality
(3) Section 35(1)(b)—delete "on the ground of sex, marital status or
pregnancy" and substitute:
on the ground of sex, chosen gender or sexuality
(4) Section 35—after subsection (2) insert:
(2a) This section does not render unlawful an association established
for—
(a) persons of a particular sex; or
(b) persons of a chosen gender; or
(c) persons of a particular sexuality (other than
heterosexuality),
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 chosen
gender or sexuality 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.
Section 35A—delete the section
21—Amendment of
section 40—Discrimination in relation to
accommodation
(1) Section 40(3)—delete subsection (3) and substitute:
(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.
(2) Section 40(4)—delete "or marital status"
(3) Section 40(4)—delete ", or of a particular marital status, as
the case may be"
22—Amendment of
section 45—Charities
(1) Section 45(a)—after subparagraph (i) insert:
(ia) persons of a chosen gender; or
(2) Section 45(a)(iii) and (iv)—delete subparagraphs (iii) and
(iv)
Section 46—delete the section
24—Amendment of
section 47—Measures intended to achieve equality
Section 47—delete ", or of a particular marital status, have equal
opportunities with persons of the other sex, or of another marital status, in
any of the" and substitute:
, persons of a chosen gender, or persons of a particular sexuality, have
equal opportunities with, respectively, persons of the other sex, persons who
are not persons of a chosen gender or persons of another sexuality, in
25—Amendment of
section 50—Religious bodies
Section 50(2)—delete subsection (2)
26—Amendment of
section 51—Criteria for establishing discrimination on ground of
race
Section 51—after paragraph (c) insert:
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.
27—Substitution of
heading to Part 4 Division 2
Heading to Part 4 Division 2—delete the heading and
substitute:
Division 2—Discrimination against
workers
28—Amendment of
section 53—Discrimination against agents and independent
contractors
(1) Section 53(1)—delete subsection (1) and substitute:
(1) This section applies to a principal for whom work is
done—
(a) by agents remunerated by commission; or
(b) by independent contractors engaged under a contract for
services.
(2) Section 53(2)(a)—after "agent" insert:
or independent contractor
(3) Section 53(3)—after "agent" wherever occurring insert:
or independent contractor
(4) Section 53(3)(b)—after "agent's" insert:
or independent contractor's
29—Amendment of
section 54—Discrimination against contract workers
(1) Section 54(1) and (2)—delete subsections (1) and (2) and
substitute:
(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.
(2) Section 54(3)(c)—delete "employment" and substitute:
the employment or position concerned
30—Amendment of
section 56—Exemptions
(1) Section 56(1)—delete subsection (1) and substitute:
(1) This Division does not apply in relation to—
(a) an employer employing a person for purposes not connected with a
business carried on by the employer; or
(b) a principal engaging a natural person as an independent contractor for
purposes not connected with a business carried on by the principal.
(2) Section 56(2)—after "employment" insert:
or engagement
31—Amendment of
section 62—Discrimination in relation to
accommodation
Section 62—after subsection (2) insert:
(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.
32—Amendment of
heading to Part 5
Heading to Part 5—delete "the ground of impairment" and
substitute:
ground of disability
33—Amendment of
section 66—Criteria for establishing discrimination on ground of
disability
(1) Section 66—delete "an impairment" wherever occurring and
substitute in each case:
a disability
(2) Section 66—delete "impairment" wherever else occurring and
substitute in each case:
disability
(3) Section 66(a)—delete paragraph (a) and substitute:
(a) if he or she treats another unfavourably because of the other's
disability, or a past disability or a disability that may exist in the future;
or
(4) Section 66—after paragraph (c) insert:
or
(ca) if he or she—
(i) fails to provide a safe and proper means of access to, or use of, a
place or facilities for a person who requires special means of access to, or use
of, the place or facilities as a consequence of the person's disability;
or
(ii) treats another unfavourably because the other requires special means
of access to, or use of, a place or facilities as a consequence of the other's
disability,
to the extent that he or she is able to effect the provision of access or
use; or
(5) Section 66(e)—delete paragraph (e) and substitute:
(e) if he or she treats a person with a disability unfavourably because
the person possesses, or is accompanied by, an assistance animal, or because of
a related matter (whether or not it is his or her normal practice to treat
unfavourably a person who possesses, or is accompanied by, an animal of the same
species as the assistance animal); or
(f) 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.
34—Substitution of
heading to Part 5 Division 2
Heading to Part 5 Division 2—delete the heading and
substitute:
Division 2—Discrimination against
workers
35—Amendment of
section 67—Discrimination against applicants and
employees
Section 67—delete "impairment" wherever occurring and substitute in
each case:
disability
36—Amendment of
section 68—Discrimination against agents and independent
contractors
(1) Section 68—delete "impairment" wherever occurring and substitute
in each case:
disability
(2) Section 68(1)—delete subsection (1) and substitute:
(1) This section applies to a principal for whom work is
done—
(a) by agents remunerated by commission; or
(b) by independent contractors engaged under a contract for
services.
(3) Section 68(2)(a)—after "agent" insert:
or independent contractor
(4) Section 68(3)—after "agent" wherever occurring insert:
or independent contractor
(5) Section 68(3)(b)—after "agent's" insert:
or independent contractor's
37—Amendment of
section 69—Discrimination against contract workers
(1) Section 69(1) and (2)—delete subsections (1) and (2) and
substitute:
(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
disability.
(2) Section 69(3)—delete "impairment" and substitute:
disability
(3) Section 69(3)(c)—delete "employment" and substitute:
the employment or position concerned
38—Amendment of
section 70—Discrimination within partnerships
Section 70—delete "impairment" wherever occurring and substitute in
each case:
disability
39—Amendment of
section 71—Exemptions
(1) Section 71(1)—delete subsection (1) and substitute:
(1) This Division does not apply in relation to—
(a) an employer employing a person for purposes not connected with a
business carried on by the employer; or
(b) a principal engaging a natural person as an independent contractor for
purposes not connected with a business carried on by the principal.
(2) Section 71—delete "impairment" wherever occurring and substitute
in each case:
disability
(3) Section 71(2)—after "employment" first occurring
insert:
or engagement
40—Amendment of
section 72—Discrimination by associations
Section 72—delete "impairment" wherever occurring and substitute in
each case:
disability
41—Amendment of
section 73—Discrimination by qualifying bodies
Section 73—delete "impairment" wherever occurring and substitute in
each case:
disability
42—Amendment of
section 74—Discrimination by educational authorities
Section 74—delete "impairment" wherever occurring and substitute in
each case:
disability
43—Amendment of
section 75—Discrimination by person disposing of interest in
land
Section 75—delete "impairment" and substitute:
disability
44—Amendment of
section 76—Discrimination in provision of goods and
services
(1) Section 76—delete "an impairment" wherever occurring and
substitute in each case:
a disability
(2) Section 76—delete "impairment" wherever else occurring and
substitute in each case:
disability
(3) Section 76—after subsection (1) insert:
(1a) For the purposes of the application of subsection (1) to
services comprised of access to or use of a place or facilities that members of
the public are permitted to enter or use (see paragraph (a) of the
definition of services to which this Act applies), the owner of
the place or facilities and the occupier of the place or the place where the
facilities are provided will each be taken to offer or provide the
services.
45—Amendment of
section 77—Discrimination in relation to
accommodation
(1) Section 77—delete "impairment" wherever occurring and substitute
in each case:
disability
(2) Section 77—after subsection (2) insert:
(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.
46—Amendment of
section 78—Discrimination in relation to
superannuation
Section 78—delete "impairment" and substitute:
disability
47—Amendment of
section 79—Exemption in relation to remuneration
Section 79—delete "impairments" and substitute:
disabilities
After section 79 insert:
79A—Exemption in relation to infectious
diseases
This Part does not render unlawful a discriminatory act if the
act—
(a) is directed towards ensuring that an infectious disease is not spread;
and
(b) is reasonable in all the circumstances.
49—Amendment of
section 80—Exemption for charities
Section 80—delete "impairment" and substitute:
disability
50—Amendment of
section 81—Exemption in relation to sporting
activities
(1) Section 81—delete "an impairment" and substitute:
a disability
(2) Section 81—delete "impairment" wherever else occurring and
substitute in each case:
disability
51—Amendment of
section 82—Exemption for projects for benefit of persons with particular
disability
Section 82—delete "impairment" and substitute:
disability
Section 84—delete the section and substitute:
84—Exemption for unjustifiable
hardship
(1) This Part does not render unlawful discrimination by a person on the
ground of disability in relation to the provision of access to or use of a place
or facilities if the provision of access or use would impose unjustifiable
hardship on the person.
(2) In determining what constitutes unjustifiable hardship, all relevant
circumstances of the particular case are to be taken into account
including—
(a) the nature of the benefit or detriment likely to accrue or be suffered
by the persons concerned; and
(b) the effect of the disability of the person concerned; and
(c) the financial circumstances and the estimated amount of expenditure
required to be made by the person claiming unjustifiable hardship.
53—Amendment of
section 85—Exemption in relation to insurance
Section 85—delete "impairment" and substitute:
disability
54—Amendment of
section 85A—Criteria for establishing discrimination on ground of
age
Section 85A—after paragraph (c) insert:
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.
55—Substitution of
heading to Part 5A Division 2
Heading to Part 5A Division 2—delete the heading and
substitute:
Division 2—Discrimination against
workers
56—Amendment of
section 85C—Discrimination against agents and independent
contractors
(1) Section 85C(1)—delete subsection (1) and substitute:
(1) This section applies to a principal for whom work is
done—
(a) by agents remunerated by commission; or
(b) by independent contractors engaged under a contract for
services.
(2) Section 85C(2)(a)—after "agent" insert:
or independent contractor
(3) Section 85C(3)—after "agent" wherever occurring
insert:
or independent contractor
(4) Section 85C(3)(b)—after "agent's" insert:
or independent contractor's
57—Amendment of
section 85D—Discrimination against contract workers
(1) Section 85D(1) and (2)—delete subsections (1) and (2) and
substitute:
(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 age.
(2) Section 85D(3)(c)—delete "employment" and substitute:
the employment or position concerned
58—Amendment of
section 85F—Exemptions
(1) Section 85F(1)—delete subsection (1) and substitute:
(1) This Division does not apply in relation to—
(a) an employer employing a person for purposes not connected with a
business carried on by the employer; or
(b) a principal engaging a natural person as an independent contractor for
purposes not connected with a business carried on by the principal.
(2) Section 85F(2)—after "employment" insert:
or engagement
(3) Section 85F(3)—after "employment" first occurring
insert:
or engagement
59—Amendment of
section 85K—Discrimination in provision of goods and
services
(1) Section 85K(2)—delete subsection (2)
(2) Section 85K(3)(a)—delete paragraph (a) and substitute:
(a) the charging of a reduced fee, fare or price, or no fee, fare or
price, for the benefit of a particular age group if the concession is based on
genuine and reasonable grounds; or
(3) Section 85K(3)(b)—after "reasonable basis" insert:
for the benefit of a particular age group
60—Amendment of
section 85L—Discrimination in relation to
accommodation
(1) Section 85L(2)—delete subsection (2)
(2) Section 85L(5)(b) and (c)—delete paragraphs (b) and (c) and
substitute:
(b) 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.
After Part 5A insert:
Part 5B—Prohibition of discrimination on other
grounds
Division 1—Discrimination to which Part 5B
applies
85T—Criteria for establishing discrimination on
other grounds
(1) In this Part—
discriminate means—
(a) discriminate on the ground of marital or domestic partnership status;
or
(b) discriminate on the ground of the identity of a spouse or domestic
partner; or
(c) discriminate on the ground of pregnancy; or
(d) discriminate on the ground of association with a child; or
(e) discriminate on the ground of caring responsibilities; or
(f) discriminate on the ground of religious appearance or dress,
and discrimination has a corresponding meaning.
(2) For the purposes of this Act, a person discriminates on the ground of
marital or domestic partnership status—
(a) if he or she treats another unfavourably because of the other's
marital or domestic partnership status or past or proposed marital or domestic
partnership status; or
(b) if he or she 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 marital or domestic partnership status
comply, or are able to comply, with the requirement than of those of the other's
marital or domestic partnership status; and
(ii) the requirement is not reasonable in the circumstances of the case;
or
(c) if he or she treats another unfavourably on the basis of a
characteristic that appertains generally to persons of that marital or domestic
partnership status, or on the basis of a presumed characteristic that is
generally imputed to persons of that marital or domestic partnership status;
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.
(3) For the purposes of this Act, a person discriminates on the ground of
the identity of a spouse or domestic partner if he or she treats another
unfavourably because of the identity of the other's spouse or domestic partner,
or former or proposed spouse or domestic partner.
(4) For the purposes of this Act, a person discriminates on the ground of
pregnancy—
(a) if he or she treats a woman unfavourably because of her pregnancy or
potential pregnancy; or
(b) if he or she treats a pregnant woman unfavourably because she 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 women who are not pregnant comply, or are able to comply, with the
requirement than of those who are pregnant; and
(ii) the requirement is not reasonable in the circumstances of the case;
or
(c) if he or she treats a pregnant woman unfavourably on the basis of a
characteristic that appertains generally to pregnant women, or on the basis of a
presumed characteristic that is generally imputed to pregnant women;
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.
(5) For the purposes of this Act, a person discriminates on the ground of
association with a child—
(a) if he or she treats another unfavourably because the person is breast
feeding or bottle feeding an infant, or proposes to do so, or is, or proposes to
be, accompanied by a child; or
(b) if he or she treats another unfavourably because a relative or
associate of the other is breast feeding or bottle feeding an infant, or
proposes to do so, or is, or proposes to be, accompanied by a child.
(6) For the purposes of this Act, a person discriminates on the ground of
caring responsibilities—
(a) if he or she treats another unfavourably because of the other's caring
responsibilities or proposed caring responsibilities; or
(b) if he or she 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 without caring responsibilities comply, or are able to
comply, with the requirement than of those with caring responsibilities;
and
(ii) the requirement is not reasonable in the circumstances of the case;
or
(c) if he or she treats another unfavourably on the basis of a
characteristic that appertains generally to persons with caring
responsibilities, or on the basis of a presumed characteristic that is generally
imputed to persons with caring responsibilities; 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.
(7) For the purposes of this Act, a person discriminates on the ground of
religious appearance or dress—
(a) if he or she treats another unfavourably because of the other's
appearance or dress and that appearance or dress is required by, or symbolic of,
the other's religious beliefs; or
(b) if he or she requires a person to alter the person's appearance or
dress and that appearance or dress is required by, or symbolic of, the other's
religious beliefs; or
(c) if he or she treats another unfavourably because of the appearance or
dress of a relative or associate of the other and that appearance or dress is
required by, or symbolic of, the relative or associate's religious
beliefs.
Division 2—Discrimination against
workers
85U—Application of Division
This Division applies to discrimination on the ground of marital or
domestic partnership status, identity of spouse or domestic partner, pregnancy,
caring responsibilities or religious appearance or dress.
85V—Discrimination against applicants and employees
(1) It is unlawful for an employer to discriminate against a
person—
(a) in determining, or in the course of determining, who should be offered
employment; or
(b) in the terms or conditions on which employment is offered.
(2) It is unlawful for an employer to discriminate against an
employee—
(a) in the terms or conditions of employment; or
(b) by denying or limiting access to opportunities for promotion, transfer
or training, or to other benefits connected with employment; or
(c) by dismissing the employee; or
(d) by subjecting the employee to other detriment.
85W—Discrimination against agents and independent
contractors
(1) This section applies to a principal for whom work is
done—
(a) by agents remunerated by commission; or
(b) by independent contractors engaged under a contract for
services.
(2) It is unlawful for the principal to discriminate against a
person—
(a) in determining, or in the course of determining, who should be engaged
as an agent or independent contractor; or
(b) in the terms or conditions on which such an engagement is
offered.
(3) It is unlawful for the principal to discriminate against an agent or
independent contractor—
(a) in the terms or conditions on which the agent or independent
contractor is engaged; or
(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
(c) by terminating the engagement; or
(d) by subjecting the agent or independent contractor to other
detriment.
85X—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.
(3) It is unlawful for the principal to discriminate against a contract
worker—
(a) in the terms or conditions on which the contract worker is allowed to
work; or
(b) by not allowing the contract worker to work; or
(c) by denying or limiting access to a benefit connected with the
employment or position concerned; or
(d) by subjecting the contract worker to other detriment.
85Y—Discrimination within
partnerships
(1) It is unlawful for a firm, or a person promoting the formation of a
firm, to discriminate against a person—
(a) in determining, or in the course of determining, who should be offered
a position as partner in the firm; or
(b) in the terms or conditions on which that person is offered a position
as partner in the firm.
(2) It is unlawful for a firm to discriminate against a
partner—
(a) in the terms or conditions of membership of the firm; or
(b) by denying or limiting access to a benefit arising from membership of
the firm; or
(c) by expelling the partner from the firm; or
(d) by subjecting the partner to other detriment.
85Z—Exemptions
(1) This Division does not apply in relation to—
(a) an employer employing a person for purposes not connected with a
business carried on by the employer; or
(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 against same sex
domestic partners on the ground of marital or domestic partnership status in
relation to employment or engagement for the purposes of an educational
institution administered in accordance with the precepts of a particular
religion if Part 3 Division 2 does not apply in relation to discrimination on
the ground of sexuality in relation to the employment or engagement (see section
34(3)).
(3) This Division does not apply to discrimination against a pregnant
woman on the ground of pregnancy if—
(a) the discrimination is based on the fact that the woman is not, or
would not be, able—
(i) to perform adequately, and without endangering herself, the unborn
child or other persons, the work genuinely and reasonably required of her;
or
(ii) to respond adequately to situations of emergency that should
reasonably be anticipated in connection with her duties; and
(b) in the case of discrimination arising out of dismissal from
employment—
(i) there is no other work that the employer could reasonably be expected
to offer the woman; and
(ii) the woman has been offered leave for the period that would result in
her being unable—
(A) to perform adequately, and without endangering herself, the unborn
child or other persons, the work genuinely and reasonably required of her;
or
(B) to respond adequately to situations of emergency that should
reasonably be anticipated in connection with her duties,
and the woman has declined to take the leave.
(4) This Division does not apply to discrimination on the ground of
religious appearance or dress if, by reason of the person's appearance or dress,
the person is not, or would not be, able—
(a) to perform adequately, and without endangering himself or herself or
other persons, the work genuinely and reasonably required for the employment or
position in question; or
(b) to respond adequately to situations of emergency that should
reasonably be anticipated in connection with the employment or position in
question.
(5) This Division does not apply to discrimination on the ground of
religious appearance or dress in relation to employment or engagement if the
discrimination is for the purposes of enforcing a standard of appearance or
dress reasonably required for the employment or engagement.
Division 3—Discrimination by other
bodies
85ZA—Application of Division
This Division applies to discrimination on the ground of marital or
domestic partnership status, identity of spouse or domestic partner, pregnancy
or caring responsibilities.
85ZB—Discrimination by
associations
(1) It is unlawful for an association to discriminate—
(a) against an applicant for membership—
(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—
(i) by refusing or failing to provide a particular service or benefit to
that member; or
(ii) in the terms on which a particular service or benefit is provided to
that member; or
(iii) by expelling that member from the association or subjecting him or
her to other detriment.
(2) This section does not render unlawful an association
established—
(a) for persons of a particular marital or domestic partnership status;
or
(b) for spouses or domestic partners of a particular class; or
(c) for persons with caring responsibilities or particular caring
responsibilities,
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.
(3) This section does not apply to discrimination against same sex
domestic partners on the ground of marital or domestic partnership 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.
85ZC—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—
(a) by refusing or failing to confer or renew that authorisation or
qualification; or
(b) in the terms or conditions on which it confers the authorisation or
qualification; or
(c) by withdrawing the authorisation or qualification, or varying the
terms or conditions on which it is held.
Division 4—Discrimination in
education
85ZD—Application of Division
This Division applies to discrimination on the ground of marital or
domestic partnership status, identity of spouse or domestic partner, pregnancy,
caring responsibilities or religious appearance or dress.
85ZE—Discrimination by educational
authorities
(1) It is unlawful for an educational authority to discriminate against a
person—
(a) by refusing or failing to accept an application for admission as a
student; or
(b) in the terms or conditions on which it offers to admit the person as a
student.
(2) It is unlawful for an educational authority to discriminate against a
student—
(a) in the terms or conditions on which it provides the student with
education or training; or
(b) by denying or limiting access to a benefit provided by the authority;
or
(c) by expelling the student; or
(d) by subjecting the student to other detriment.
(3) This section does not apply to discrimination against a pregnant woman
on the ground of pregnancy in respect of participation in a particular activity
or admission as a student to a course requiring participation in a particular
activity if the woman is not, or would not be, able—
(a) to perform adequately, and without endangering herself, the unborn
child or other persons, the activity; or
(b) to respond adequately to situations of emergency that should
reasonably be anticipated in connection with the activity.
(4) This section does not apply to discrimination on the ground of
religious appearance or dress in respect of participation in a particular
activity if, by reason of the person's appearance or dress, the person is not,
or would not be, able—
(a) to perform adequately, and without endangering himself or herself or
other persons, the activity; or
(b) to respond adequately to situations of emergency that should
reasonably be anticipated in connection with the activity.
(5) This section does not render unlawful an act of discrimination by an
educational authority administered in accordance with the precepts of a
particular religion against a student or potential student because the student
or potential student appears or dresses, or wishes to appear or dress, in a
manner required by, or symbolic of, a different religion.
Division 5—Discrimination in relation to land,
goods, services and accommodation
85ZF—Discrimination by person disposing of interest
in land
(1) This section applies to discrimination on the ground of marital or
domestic partnership status, identity of spouse or domestic partner, pregnancy
or caring responsibilities.
(2) It is unlawful for a person to discriminate against
another—
(a) by refusing or failing to dispose of an interest in land to the other
person; or
(b) in the terms or conditions on which an interest in land is offered to
the other person.
(3) This section does not apply to the disposal of an interest in land by
way of, or under, a testamentary disposition or gift.
85ZG—Discrimination in provision of goods and
services
(1) This section applies to discrimination on the ground of marital or
domestic partnership status, identity of spouse or domestic partner, pregnancy,
association with a child or caring responsibilities.
(2) It is unlawful for a person who offers or provides—
(a) goods; or
(b) services to which this Act applies,
(whether for payment or not) to discriminate against
another—
(c) by refusing or failing to supply the goods or perform the services;
or
(d) in the terms or conditions on which or the manner in which the goods
are supplied or the services are performed.
85ZH—Discrimination in relation to
accommodation
(1) This section applies to discrimination on the ground of marital or
domestic partnership status, identity of spouse or domestic partner, pregnancy
or caring responsibilities.
(2) It is unlawful for a person to discriminate against
another—
(a) in the terms or conditions on which accommodation is offered;
or
(b) by refusing an application for accommodation; or
(c) by deferring such an application or according the applicant a lower
order of precedence on a list of applicants for that accommodation.
(3) It is unlawful for a person to discriminate against a person for whom
accommodation has been provided—
(a) in the terms or conditions on which accommodation is provided;
or
(b) by denying or limiting access to a benefit connected with the
accommodation; or
(c) by evicting the person; or
(d) by subjecting the person to other detriment.
(4) 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.
(5) This section does not apply to discrimination on the ground of marital
or domestic partnership status, pregnancy or caring responsibilities in relation
to the provision of accommodation by an organisation that does not seek to
secure a pecuniary profit for its members, if that accommodation is provided
only for persons of a particular marital or domestic partnership status,
pregnant women or persons with caring responsibilities.
Division 6—General exemptions from Part
5B
85ZI—Charities
This Part does not—
(a) affect a provision in a charitable instrument for conferring benefits
wholly or mainly on—
(i) persons of a particular marital or domestic partnership status;
or
(ii) pregnant women; or
(iii) spouses or domestic partners of persons of a particular class;
or
(iv) persons with caring responsibilities or particular caring
responsibilities; or
(b) render unlawful an act done to give effect to such a
provision.
85ZJ—Rights in connection with
pregnancy
This Part does not render unlawful the granting to women of rights or
privileges in connection with pregnancy or childbirth.
85ZK—Measures intended to achieve
equality
This Part does not render unlawful an act done for the purpose of carrying
out a scheme or undertaking intended to ensure that persons of a particular
marital or domestic partnership status, or persons with caring responsibilities,
have equal opportunities with, respectively, persons of another marital or
domestic partnership status, or persons without caring responsibilities, in any
of the circumstances to which this Part applies.
85ZL—Exemption relating to identity of spouse or
domestic partner
This Part does not apply to discrimination on the ground of the identity of
a spouse or domestic partner if the discrimination is, having regard to all the
circumstances of the particular case, reasonably necessary to preserve
confidentiality, avoid conflicts of interest or nepotism or reasonably
apprehended conflicts of interest or nepotism or protect the health or safety of
persons.
85ZM—Religious bodies
This Part does not render unlawful discrimination on the ground of marital
or domestic partnership status in relation to—
(a) the ordination or appointment of priests, ministers of religion or
members of a religious order; or
(b) the training or education of persons seeking ordination or appointment
as priests, ministers of religion or members of a religious order.
85ZN—Exemption relating to religious appearance or
dress
This Part does not apply to discrimination on the ground of religious
appearance or dress if the discrimination arises as a consequence of a person
refusing to reveal his or her face in circumstances in which the person has been
requested to do so for the purpose of verifying the identity of the person, and
the request was reasonable in the circumstances.
62—Amendment of
section 87—Sexual harassment
(1) Section 87(1) to (5)—delete subsections (1) to (5) and
substitute:
(1) It is unlawful for a person to subject to sexual
harassment—
(a) a person with whom he or she works; or
(b) a person who is seeking to become a fellow worker,
while in attendance at a place that is a workplace of both the persons or
in circumstances where the person was, or ought reasonably to have been, aware
that the other person was a fellow worker or seeking to become a fellow
worker.
(2) It is unlawful for a person who works for an educational authority to
subject a student of the educational authority, or a person applying to become a
student of the educational authority, to sexual harassment while in attendance
at a place in connection with the student's education or the applicant's
prospective education or in circumstances where the person was, or ought
reasonably to have been, aware that the person was a student, or a person
applying to become a student, of the educational authority.
(3) It is unlawful for a student of or over 16 years of age, while in
attendance at a place in connection with his or her education, to subject a
person who works at the educational institution at which the student is enrolled
or a fellow student to sexual harassment.
(2) Section 87—after subsection (6) insert:
(6aa) It is unlawful for a person to whom goods, services to which this
Act applies or accommodation are being offered, supplied, performed or provided
by another person to subject that other person to sexual harassment.
(3) Section 87—after subsection (6e) insert:
(6f) It is unlawful for a member of 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 subject an applicant for the conferral of such an authorisation or
qualification to sexual harassment.
(6g) It is unlawful for a member of the governing body of an association
to subject a member of the association, or a person applying to become a member
of the association, to sexual harassment.
(4) Section 87(7) to (11)—delete subsections (7) to (11) and
substitute:
(7) If an employee reports to his or her employer specific circumstances
in which the employee was subjected, in the course of his or her employment, to
sexual harassment by a person other than a fellow worker, and it is reasonable
in all the circumstances to expect that further sexual harassment of the
employee by the same person is likely to occur, it is unlawful for the employer
to fail to take reasonable steps to prevent the further sexual
harassment.
(8) It is unlawful for an educational authority administering a secondary
education institution to fail to have a written policy against sexual harassment
by students that incorporates procedures for resolving complaints and is made
readily available to students.
(9) For the purposes of this section—
(a) a person sexually harasses another (the person
harassed) if—
(i) the person makes an unwelcome sexual advance, or an unwelcome request
for sexual favours, to the person harassed; or
(ii) engages in other unwelcome conduct of a sexual nature in relation to
the person harassed,
in circumstances in which a reasonable person, having regard to all the
circumstances, would have anticipated that the person harassed would be
offended, humiliated or intimidated; and
(b) conduct of a sexual nature includes making a statement
of a sexual nature to a person, or in the presence of a person, whether the
statement is made orally or in writing; and
(c) a person works with another if both carry out duties or
perform functions, in whatever capacity and whether for payment or not, in or in
relation to the same business or organisation; and
(d) a person works for an authority if he or she carries out
duties or performs functions, in whatever capacity and whether for payment or
not, in or in relation to that authority; and
(e) workplace means a place (including a ship, aircraft or
vehicle) at which a person works or attends in connection with the person's
work.
Section 88—delete the section and substitute:
87A—Sharing accommodation with
child
(1) It is unlawful for a person—
(a) to refuse an application for accommodation; or
(b) to defer such an application or accord the applicant a late order of
precedence on a list of applicants for that accommodation,
on the ground that the applicant intends to share that accommodation with a
child.
(2) Subsection (1) does not apply—
(a) in relation to the provision of accommodation for recreational
purposes, if the use of that accommodation is limited, on a genuine and
reasonable basis, to persons other than children or persons of a particular age
group; or
(b) 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.
87B—Student breast feeding
infant
(1) It is unlawful for an educational authority to discriminate against a
student by denying or limiting access to the educational services provided by
the authority on the ground that the student is breast feeding an infant or
proposes to do so.
(2) This section does not apply to discrimination in respect of a
particular activity if the student is not, or would not be,
able—
(a) to perform adequately, and without endangering herself or other
persons, the activity; or
(b) to respond adequately to situations of emergency that should
reasonably be anticipated in connection with the activity.
88—Assistance animals
Subject to this Act—
(a) it is unlawful to impose a condition or requirement that would result
in a person with a disability being separated from his or her assistance animal;
and
(b) a person who imposes such a condition or requirement is, in addition
to civil liability that might be incurred under this Act, guilty of an
offence.
Maximum penalty: $2 500.
88A—Therapeutic animals
(1) It is unlawful for a person—
(a) to refuse an application for accommodation; or
(b) to defer such an application or accord the applicant a late order of
precedence on a list of applicants for that accommodation,
on the ground that the applicant intends to keep a therapeutic animal at
that accommodation.
(2) Subsection (1)(a) does not apply if the respondent establishes that in
the circumstances of the case the refusal was reasonable.
(3) In this section—
therapeutic animal means—
(a) an animal certified by a medical practitioner as being required to
assist a person as a consequence of the person's disability; or
(b) an animal of a class prescribed by regulation,
but does not include an assistance animal, a dangerous dog within the
meaning of the Dog and Cat Management Act 1995 or a dog of a
prescribed breed within the meaning of the Dog and Cat Management
Act 1995.
Section 91—delete the section and substitute:
91—Civil liability of employers and
principals
(1) Subject to this section, a person is, for the purposes of this Act,
vicariously liable for a discriminatory or unlawful act of an agent or employee
of the person committed while acting in the course of their agency or
employment.
(2) In proceedings brought under this Act against a person in respect of
an act alleged to have been committed by an agent or employee while acting in
the course of their agency or employment, it is a defence to prove that the
person took reasonable steps to ensure that the agent or employee would not act
in contravention of this Act.
(3) Without limiting subsection (2), a defence is established under
that subsection in relation to an alleged discriminatory or unlawful act if the
person—
(a) had in force at the relevant time an appropriate policy for the
prevention of such an act; and
(b) had taken reasonable steps to implement and enforce the policy
including—
(i) reasonable steps to make the employees and agents of the person aware
of the terms of the policy; and
(ii) prompt investigation of any alleged act and taking appropriate
action.
65—Substitution
of heading to Part 8 Division 1
Heading to Part 8 Division 1—Delete the heading and
substitute:
Division 1—Proceedings before Commissioner and
Tribunal
66—Amendment of
section 93—Making of complaints
(1) Section 93(1)(c)—delete "has an intellectual impairment" and
substitute:
is a child or has an intellectual disability
(2) Section 93(2)(a)—delete "six" and substitute:
12
(3) Section 93(2)(b)—delete "six" and substitute:
12
(4) Section 93—after subsection (2) insert:
(2a) The Commissioner may, on application, extend the time for lodging a
complaint, even if the time for lodging the complaint has expired, if the
Commissioner is satisfied—
(a) that there is good reason why the complaint was not made within the
stipulated time period; and
(b) that in all the circumstances it is just and equitable to do
so.
(2b) If the Commissioner decides to refuse an application to extend the
time for lodging a complaint, the Commissioner must give the applicant notice in
writing of the decision and of the applicant's right to have the decision
reviewed.
(2c) A complaint alleging that a student enrolled in a course of secondary
education has committed an act of sexual harassment or victimisation against a
fellow student of the educational institution at which the student is enrolled
may not be lodged unless the complainant satisfies the Commissioner that the
complainant has made a reasonable attempt to resolve the matter through
procedures available at the institution or that there is good reason for not
doing so.
(5) Section 93(3)—delete ", personally or by post, upon" and
substitute:
on
67—Amendment of
section 93A—Matters initiated by Commissioner
Section 93A(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) If it appears to the Commissioner that a person may have acted in
contravention of this Act, the Commissioner may investigate the matter
notwithstanding that a complaint has not been lodged.
(2) The Commissioner must, by notice in writing to the person the subject
of an investigation under this section, inform the person of the investigation
and the details of the alleged contravention.
68—Amendment of
section 94—Investigations of complaints or matters initiated by
Commissioner
(1) Section 94(1)—delete "or a matter being referred" and
substitute:
or the Commissioner determining that a matter requires
investigation
(2) Section 94—delete subsection (2) and substitute:
(2) An investigation by the Commissioner into an alleged contravention of
this Act is to be conducted—
(a) in the case of an investigation on a complaint—for the purpose
of enabling the Commissioner to determine whether the complaint is one on which
action should be taken by the Commissioner and, if so, enabling resolution of
the matter by conciliation or enabling referral of the matter to the Tribunal;
and
(b) in the case of an investigation initiated by the
Commissioner—for the purpose of enabling the Commissioner to determine
whether the matter should be referred to the Tribunal and, if so, enabling that
referral.
(2a) For the purposes of an investigation, the Commissioner may, by notice
in writing, require a person whom the Commissioner reasonably believes may have
in his or her possession or control books, papers or other documents relevant to
the subject matter of the investigation, to produce to the Commissioner such of
those books, papers or other documents as may be specified in the
notice.
(2b) The Commissioner cannot, without the consent of the person concerned,
require production of—
(a) records of counselling or therapy sessions undergone by the person;
or
(b) records or notes made by an advocate for the person in relation to the
subject matter of the alleged contravention of the Act.
(3) Section 94(3)—delete "pursuant to subsection (2)" and
substitute:
under subsection (2a)
(4) Section 94(3), penalty provision—delete the penalty provision
and substitute:
Maximum penalty: $2 500.
(5) Section 94(4)—delete subsection (4) and substitute:
(4) A person is not obliged to produce books, papers or documents under
this section if—
(a) their contents would tend to incriminate the person of an offence;
or
(b) by producing them the person would commit a breach of legal
professional privilege.
Section 95—delete the section and substitute:
95—Conciliation of complaints lodged with
Commissioner
(1) If the Commissioner is of the opinion that a matter the subject of a
complaint (other than a complaint declined by the Commissioner under
section 95A) may be resolved by conciliation, the Commissioner must make
all reasonable endeavours to resolve the matter by conciliation.
(2) If the Commissioner—
(a) has received more than 1 complaint against the same respondent
alleging the same or similar issues of law or fact; and
(b) is of the opinion that the most appropriate form of conciliation is by
way of joint conciliation,
the Commissioner may conciliate the matters jointly.
(3) The Commissioner may, by notice in writing to the complainant or the
person who is alleged to have contravened this Act, require that person to
attend at a time and place specified in the notice for the purpose of
conciliation.
(4) A person who refuses or fails to comply with a requirement of the
Commissioner under this section is guilty of an offence.
Maximum penalty: $2 500.
(5) The Commissioner may conduct conciliation proceedings as the
Commissioner thinks fit, including—
(a) by conciliating the matter without bringing the parties into direct
contact with one another; and
(b) by inviting persons other than the parties to attend the conciliation
proceedings (for example, by inviting representatives of an educational
authority to attend conciliation proceedings in a case involving sexual
harassment between students).
(6) A party to proceedings is not entitled to be represented, or assisted,
by a legal practitioner in conciliation proceedings except with the authority of
the Commissioner.
(7) If a child is a party to proceedings, the child is entitled to be
supported in conciliation proceedings by an adult who, in the opinion of the
Commissioner, would be of assistance in that role.
(8) For the purposes of conciliating a matter, the Commissioner may make
available to a particular party to the proceedings books, papers or documents
produced by other persons for the purposes of an investigation that are likely,
in the Commissioner's opinion, to facilitate resolution of the matter (but the
Commissioner must not make records referred to in section 94(2b), or other
documents containing confidential or personal information, available without the
consent of the person concerned).
(9) Evidence of anything said or done in the course of conciliation
proceedings is not admissible in proceedings under this Act or any other Act or
law.
95A—Commissioner may decline complaints in certain
circumstances
(1) The Commissioner may, by notice in writing to the complainant, decline
to recognise a complaint as one on which action should be taken by the
Commissioner if, in the opinion of the Commissioner—
(a) the complaint is frivolous, vexatious, misconceived or lacking in
substance; or
(b) the complaint has ceased to be a complaint that should be proceeded
with because the complainant—
(i) has died; or
(ii) is unable to be contacted; or
(iii) has expressed an intention not to proceed, or otherwise evidenced a
lack of interest in proceeding, with the complaint; or
(iv) has unreasonably refused or failed to cooperate; or
(c) there is no reasonable prospect of an order being made by the Tribunal
under section 96(1) or of an order being made by the Tribunal that is more
favourable to the complainant than offers refused by the complainant in
conciliation proceedings.
(2) A decision by the Commissioner not to recognise a complaint as one on
which action should be taken may be made at any time, despite the fact that to
some extent action has already been taken on the complaint.
(3) If—
(a) the Commissioner has determined that a complaint has ceased to be a
complaint that should be proceeded with under subsection (1)(b);
and
(b) the complainant contacts the Commissioner within 12 months after
the date of that determination requesting that the complaint proceed,
the Commissioner may reinstate the complaint.
95B—Referral of complaints to
Tribunal
(1) If, in respect of a complaint, the Commissioner—
(a) is of the opinion that the matter cannot be resolved by conciliation;
or
(b) has attempted to resolve the matter by conciliation but has not been
successful in that attempt; or
(c) has declined to recognise the complaint as one on which action should
be taken and the complainant has, within 3 months of being notified of the
Commissioner's decision, by notice in writing, required the Commissioner to
refer the complaint to the Tribunal,
the Commissioner must refer the matter to the Tribunal for hearing and
determination.
(2) The Commissioner must, at the request of the complainant, assist the
complainant personally or by counsel or other representative, in the
presentation of the complainant's case to the Tribunal (except if the
Commissioner has declined to recognise the complaint).
95C—Referral of matters initiated by Commissioner
to Tribunal
(1) If, following an investigation initiated by the Commissioner, the
Commissioner is of the opinion that the matter should be referred to the
Tribunal for hearing and determination, the Commissioner will lodge a complaint
with the Tribunal in respect of the matter.
(2) If, following an investigation initiated by the Commissioner, the
Commissioner determines that the matter should not be referred to the Tribunal,
the Commissioner must, by notice in writing to the person the subject of the
investigation, inform the person of that determination.
70—Amendment of
section 96—Power of Tribunal to make certain orders
(1) Section 96(1)(a)—before "an order" insert:
subject to this section,
(2) Section 96(1)(c)—after "contravention" insert:
or remedying a discriminatory or unlawful act
(3) Section 96(3)—after subsection (3) insert:
(3a) In awarding compensation the Tribunal must take into account the
amount of damages or compensation (if any) awarded in other proceedings
(criminal or civil) in respect of the same act or series of acts.
(3b) An award of compensation may not be made against a child for an act
in contravention of this Act (but an award of compensation may be made against a
person who is vicariously liable for the act of the child).
(4) Section 96(4), penalty provision—delete the penalty provision
and substitute:
Maximum penalty: $5 000.
(5) Section 96—after subsection (5) insert:
(6) The Commissioner may, at the request or with the leave of the
Tribunal, assist the Tribunal in proceedings.
After section 96 insert:
96A—Limitation on publicity relating to
child
A person must not publish, by radio, television or newspaper, on the
Internet or in any other way, a report of proceedings under this Act to which a
child is a party if the report identifies the child or contains information
tending to identify the child.
Maximum penalty: $10 000.
72—Amendment of
heading to Part 8 Division 2
Heading to Part 8 Division 2—delete the heading and
substitute:
Division 2—Review and appeal
Before section 97 insert:
96B—Review of refusal to extend
time
(1) If the Commissioner has refused an application for an extension of
time within which to lodge a complaint, the applicant may apply to the Tribunal
for a review of the decision.
(2) An application for review must be made within 1 month after
notification of the decision.
(3) The Tribunal may confirm the decision of the Commissioner or
substitute its own decision.
74—Amendment of
section 100—Proceedings under Fair Work
Act 1994
(1) Section 100(3)—delete "the sex, sexuality, marital status,
pregnancy, race, impairment or age of the person" and substitute:
a ground of discrimination under this Act
(2) Section 100(5)—delete "the sex, sexuality, marital status,
pregnancy, race, impairment or age of the person" and substitute:
a ground of discrimination under this Act
(3) Section 100—after subsection (5) insert:
(6) The Commissioner may, with leave of the Industrial Relations
Commission of South Australia, make submissions and present evidence in
proceedings before the Commission under the Fair Work
Act 1994.
75—Amendment of
section 102—Offences against Commissioner
Section 102, penalty provision—delete the penalty provision and
substitute:
Maximum penalty: $5 000.
76—Amendment of
section 103—Discriminatory advertisements
Section 103(1), penalty provision—delete the penalty provision and
substitute:
Maximum penalty: $2 500.
77—Substitution
of section 104
Section 104—delete the section and substitute:
104—Service of documents
A notice or document required or authorised to be given or sent to, or
served on, a person for the purposes of this Act may—
(a) be given to the person personally; or
(b) be posted in an envelope addressed to the person at the person's last
known address; or
(c) if the person is a party to proceedings under this Act, be transmitted
to the person by fax or email to the fax number or email address last provided
to the Commissioner by the person for that purpose; or
(d) in the case of a company or registered body within the meaning of the
Corporations Act 2001 of the Commonwealth, be given in accordance with
that Act.
78—Amendment of
section 106—Regulations
(1) Section 106(1)—after "regulations" insert:
as are contemplated by or
(2) Section 106(2)(c)—delete paragraph (c) and substitute:
(c) impose fines, not exceeding $2 500, for offences against the
regulations.
Schedule
1—Further amendments of Equal Opportunity
Act 1984
|
Provision amended |
How amended |
|---|---|
|
Section 2 |
Delete the section |
|
Section 5(1) |
|
|
the Commissioner |
Delete "the" from the defined term |
|
council |
Delete "established under the Local Government Act 1934" and
substitute: constituted under the Local Government Act 1999 |
|
educational authority |
Delete "any" and substitute: a |
|
the panel |
Delete "the" from the defined term |
|
the Registrar |
Delete "the" from the defined term |
|
services to which this Act applies, (c) |
Delete "banking" and substitute: services provided in the course of a banking business |
|
services to which this Act applies, (i) |
Delete "any" and substitute: a |
|
services to which this Act applies, (j) |
Delete "municipal or district" |
|
the Tribunal |
Delete "the" from the defined term |
|
unpaid worker |
Delete "any" |
|
Heading to Part 2 |
Delete "the" |
|
Heading to Part 2 Division 1 |
Delete "The" |
|
Section 12 |
Delete the section |
|
Section 15(1) |
Delete "any" and substitute: a |
|
Section 15(2) |
Delete "any" and substitute: a |
|
Heading to Part 2 Division 2 |
Delete "The" |
|
Section 18(5) |
Delete "Where" and substitute: If |
|
Section 18(6) |
Delete "Where" and substitute: If |
|
Section 21(2) |
Delete "any" and substitute: an |
|
Section 23(1) |
Delete "Where" and substitute: If |
|
Section 23(1)(b) |
Delete "any questions relating to the admissibility of evidence or any
question" and substitute: questions relating to the admissibility of evidence or other
questions |
|
Section 23(1)(c) |
Delete "any other question" and substitute: other questions |
|
Section 23(2) |
Delete "any" and substitute: a |
|
Section 23(4) |
Delete "any" |
|
Section 24(1) |
Delete "any person who is" |
|
Section 24(3) |
Delete "Where" and substitute: If |
|
Section 25(1)(a) |
Delete "any" and substitute: a |
|
Section 25(1)(b) |
Delete "any" |
|
Section 25(1)(c) |
Delete "any" first occurring Delete "any of them, or of any of their contents" and substitute: them or their contents |
|
Section 25(1)(d) |
Delete "any person to make oath" and substitute: a person to make an oath Delete "any matter" and substitute: a matter |
|
Section 25(1)(e) |
Delete "any person" and substitute: a person Delete "any relevant" and substitute: relevant Delete "any member" and substitute: a member Delete "any other person" and substitute: a person |
|
Section 25(2)(b) |
Delete "any" |
|
Section 26(1) |
Delete "any" Delete "where" wherever occurring and substitute in each case: if |
|
Section 26(2) |
Delete "Where" and substitute: If Delete "upon" and substitute: on |
|
Section 27(1) |
Delete "any" first occurring |
|
Section 27(1)(a) |
Delete "any person who may be representing any of them" and
substitute: their representatives |
|
Section 27(3) |
Delete "Where" and substitute: If |
|
Heading to Part 2 Division 3 |
Delete "The" |
|
Heading to Part 3 Division 1 |
Delete "this Part" and substitute: Part 3 |
|
Section 29(2)(a) |
Delete "person" |
|
Section 29(2)(c) |
Delete "person" |
|
Section 29(3)(a) |
Delete "person" |
|
Section 29(3)(c) |
Delete "person" |
|
Section 30(1) |
After "against a person" insert: on the ground of sex, chosen gender or sexuality |
|
Section 30(2) |
After "against an employee" insert: on the ground of sex, chosen gender or sexuality Delete "any" wherever occurring |
|
Section 31(2) |
After "against a person" insert: on the ground of sex, chosen gender or sexuality |
|
Section 31(3) |
After "against an agent" insert: on the ground of sex, chosen gender or sexuality |
|
|
Delete "any" wherever occurring |
|
Section 32(3) |
After "against a contract worker" insert: on the ground of sex, chosen gender or sexuality |
|
Section 32(3)(c) |
Delete "any" and substitute: a |
|
Section 32(3)(d) |
Delete "any" |
|
Section 33(1) |
After "against a person" insert: on the ground of sex, chosen gender or sexuality |
|
Section 33(3) |
After "against a person" insert: on the ground of sex, chosen gender or sexuality |
|
Section 33(4) |
After "against a partner" insert: on the ground of sex, chosen gender or sexuality |
|
Section 33(4)(b) |
Delete "any" and substitute: a |
|
Section 33(4)(d) |
Delete "any" |
|
Section 35(1)(b)(iii) |
Delete "any" |
|
Section 35(2) |
Delete "where" wherever occurring and substitute in each case: if |
|
Section 35(3) |
Delete "upon" and substitute: on |
|
Section 36 |
After "against a person" insert: on the ground of sex, chosen gender or sexuality Delete "upon" and substitute: on |
|
Section 37(1) |
After "against a person" insert: on the ground of sex, chosen gender or sexuality |
|
Section 37(2) |
After "against a student" insert: on the ground of sex, chosen gender or sexuality |
|
Section 37(2)(b) |
Delete "any" and substitute: a |
|
Section 37(2)(d) |
Delete "any" |
|
Section 37(3)(b) |
Delete "where" and substitute: if |
|
Section 38(1) |
After "against another" insert: on the ground of sex, chosen gender or sexuality |
|
Section 39(1) |
After "against another" insert: on the ground of sex, chosen gender or sexuality |
|
Section 39(2) |
Delete "Where" and substitute: If |
|
Section 40(1) |
After "against another" insert: on the ground of sex, chosen gender or sexuality |
|
Section 40(1)(c) |
Delete "any" and substitute: a |
|
Section 40(2) |
After "has been provided" insert: on the ground of sex, chosen gender or sexuality |
|
Section 40(2)(b) |
Delete "any" and substitute: a |
|
Section 40(2)(d) |
Delete "any" |
|
Section 40(4) |
Delete "where" and substitute: if |
|
Part 3 Division 6 (sections 41 to 44) |
Delete the Division |
|
Heading to Part 3 Division 7 |
Delete "this Part" and substitute: Part 3 |
|
Section 45(a) |
Delete "upon" and substitute: on |
|
Section 45(b) |
Delete "any" and substitute: an |
|
Section 49 |
Delete "any" Delete "where" and substitute: if Delete "upon" and substitute: on |
|
Heading to Part 4 |
Delete "the" |
|
Heading to Part 4 Division 1 |
Delete "this Part" and substitute: Part 4 |
|
Section 51(a) |
Delete "person" |
|
Section 51(c) |
Delete "person" |
|
Section 52(2) |
Delete "any" wherever occurring |
|
Section 53(3) |
Delete "any" wherever occurring |
|
Section 54(3)(c) |
Delete "any" and substitute: a |
|
Section 54(3)(d) |
Delete "any" |
|
Section 55(1) |
Delete "consisting of one or more members, or for one or more persons" and
substitute: , or a person |
|
Section 55(2) |
Delete "consisting of two or more partners" |
|
Section 55(2)(b) |
Delete "any" and substitute: a |
|
Section 55(2)(d) |
Delete "any" |
|
Section 57(1)(b)(iii) |
Delete "any" |
|
Section 58(1)(c) |
Delete "upon" and substitute: on |
|
Section 59(2)(b) |
Delete "any" and substitute: a |
|
Section 59(2)(d) |
Delete "any" |
|
Section 62(1)(c) |
Delete "any" and substitute: a |
|
Section 62(2)(b) |
Delete "any" and substitute: a |
|
Section 62(2)(d) |
Delete "any" |
|
Heading to Part 4 Division 7 |
Delete "this Part" and substitute: Part 4 |
|
Section 64 |
Delete "upon" and substitute: on Delete "any" and substitute: an |
|
Heading to Part 5 Division 1 |
Delete "this Part" and substitute: Part 5 |
|
Section 67(2) |
Delete "any" wherever occurring |
|
Section 68(3) |
Delete "any" wherever occurring |
|
Section 69(3)(c) |
Delete "any" and substitute: a |
|
Section 69(3)(d) |
Delete "any" |
|
Section 70(1) |
Delete "consisting of one or more members, or for one or more persons" and
substitute: , or a person |
|
Section 70(2) |
Delete "consisting of two or more partners" |
|
Section 70(2)(b) |
Delete "any" and substitute: a |
|
Section 70(2)(d) |
Delete "any" |
|
Section 72 |
Delete "any" |
|
Section 73(1)(c) |
Delete "upon" and substitute: on |
|
Section 74(2)(b) |
Delete "any" and substitute: a |
|
Section 74(2)(d) |
Delete "any" |
|
Section 76(2) |
Delete "Where" and substitute: If |
|
Section 76(3) |
Delete "where" and substitute: if |
|
Section 77(1)(c) |
Delete "any" and substitute: a |
|
Section 77(2)(b) |
Delete "any" and substitute: a |
|
Section 77(2)(d) |
Delete "any" |
|
Section 78(1) |
Delete "any" wherever occurring |
|
Section 78(1)(c)(i) |
Delete "upon" wherever occurring and substitute in each case: on |
|
Section 78(1)(d) |
Delete "where" and substitute: if |
|
Heading to Part 5 Division 7 |
Delete "this Part" and substitute: Part 5 |
|
Section 80(a) |
Delete "upon" and substitute: on |
|
Section 80(b) |
Delete "any" and substitute: an |
|
Section 85 |
Delete "any" wherever occurring Delete "where" wherever occurring and substitute in each case: if Delete "upon" and substitute: on |
|
Heading to Part 5A |
Delete "the" |
|
Heading to Part 5A Division 1 |
Delete "this Part" and substitute: Part 5A |
|
Section 85A(a) |
Delete "person" |
|
Section 85A(c) |
Delete "person" |
|
Section 85B(2) |
Delete "any" wherever occurring |
|
Section 85C(3) |
Delete "any" wherever occurring |
|
Section 85D(3)(c) |
Delete "any" and substitute: a |
|
Section 85D(3)(d) |
Delete "any" |
|
Section 85E(1) |
Delete "consisting of one or more members, or for one or more persons" and
substitute: , or a person |
|
Section 85E(2) |
Delete "consisting of two or more partners" |
|
Section 85E(2)(b) |
Delete "any" and substitute: a |
|
Section 85E(2)(d) |
Delete "any" |
|
After section 85E |
Insert: 85EA—No compulsory retiring age Despite any Act or law to the contrary, a provision in an industrial or
enterprise award, determination or agreement made or approved under the Fair
Work Act 1994 that— (a) imposes, or requires or authorises an employer to impose, a compulsory
retiring age in respect of employment of any kind; or (b) requires or authorises an employer to terminate the employment of a
person on the basis of the person's age, is void and of no effect. |
|
Section 85F(4)(a) |
Delete "award or industrial agreement made or approved under the
Industrial Relations Act (S.A.) 1972" and substitute: industrial or enterprise award, determination or agreement made, approved
or certified under the Fair Work Act 1994 or the Workplace
Relations Act 1996 of the Commonwealth |
|
Section 85F(4)(b) |
Delete "where" and substitute: if Delete "award or industrial agreement made, approved or certified under the
Industrial Relations Act (S.A.) 1972 or under the Industrial Relations
Act 1988 of the Commonwealth" and substitute: industrial or enterprise award, determination or agreement made, approved
or certified under the Fair Work Act 1994 or the Workplace
Relations Act 1996 of the Commonwealth |
|
Section 85F(4a) to (6) |
Delete these subsections |
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Section 85G(1) |
Delete "After the expiration of one year from the commencement of this
Part, it will be" and substitute: It is |
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Section 85G(1)(b)(iii) |
Delete "any" |
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Section 85G(2) |
Delete "where" and substitute: if |
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Section 85G(3) |
Delete "does" and substitute: do Delete "where" and substitute: if |
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Section 85I(2)(b) |
Delete "any" and substitute: a |
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Section 85I(2)(d) |
Delete "any" |
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Section 85I(3) |
Delete "where" and substitute: if |
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Section 85K(3)(b) |
Delete "any" and substitute: a Delete "where" and substitute: if |
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Section 85L(1)(c) |
Delete "any" and substitute: a |
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Section 85L(3)(b) |
Delete "any" and substitute: a |
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Section 85L(3)(d) |
Delete "any" and substitute: other |
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Section 85L(4) |
Delete "where" and substitute: if |
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Section 85L(5)(a) |
Delete "where" and substitute: if |
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Heading to Part 5A Division 6 |
Delete "this Part" and substitute: Part 5A |
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Section 85N(b) |
Delete "any" and substitute: an |
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Part 5A Division 7 (section 85S) |
Delete the Division |
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Section 86(2)(a) |
Delete "any" and substitute: a |
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Section 86(2)(b) and (d) |
Delete "any" |
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Section 89 |
Delete "Where" and substitute: If |
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Section 90 |
Delete "Where" and substitute: If |
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Section 92 |
Delete "upon" wherever occurring and substitute in each case: on |
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Section 92(1) |
Delete "any of the provisions" and substitute: a provision |
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Section 92(1)(c) |
Delete "any" |
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Section 92(4)(b) |
Delete "where" and substitute: if |
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Section 92(4)(c) |
Delete "any" and substitute: a |
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Section 92(6)(b) |
Delete "any" |
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Heading to Part 8 |
Delete "of this Act" |
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Section 93(1)(a) |
Delete "any" and substitute: a |
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Section 93(1)(b) |
Delete "any" first occurring and substitute: a |
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Section 93(1)(c) |
Delete "where" and substitute: if |
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Section 93(2)(a) |
Delete "when" and substitute: if |
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Section 93(3) |
Delete "Upon" and substitute: On |
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Section 93AA(6) and (7) |
Delete subsections (6) and (7) |
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Section 94(5) |
Delete "any books, papers or documents produced pursuant to" and
substitute: books, papers or documents produced under |
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Section 94(6) |
Delete "any" and substitute: a |
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Section 94(7) |
Delete "any" |
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Section 96(1) |
Delete "any" first occurring |
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Section 96(1)(a) |
Delete "any" and substitute: a |
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Section 96(1)(b) |
Delete "any" |
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Section 96(2)(a) |
Delete "any" and substitute: a |
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Section 96(5) |
Delete "Any" and substitute: An |
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Section 97 |
Delete "any" first occurring and substitute: a Delete "any" second occurring |
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Section 98(1)(a) |
Delete "upon" and substitute: on |
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Section 98(2) |
Delete "any" and substitute: a |
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Section 98(5)(a) |
Delete "any" and substitute: a |
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Section 100(1) |
Delete "section 31 of the Industrial Conciliation and Arbitration
Act 1972" and substitute: |
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Section 100(2) |
Delete "Where" and substitute: If Delete "section 31 of the Industrial Conciliation and Arbitration
Act 1972" and substitute: |
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Section 100(3) |
Delete "where" and substitute: if Delete "Industrial Conciliation and Arbitration Act 1972" and
substitute: |
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Section 100(4) |
Delete "Where" and substitute: If Delete "section 31 of the Industrial Conciliation and Arbitration
Act 1972" and substitute: |
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Section 100(5) |
Delete "where" and substitute: if Delete "Industrial Conciliation and Arbitration Act 1972" and
substitute: |
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Section 101 |
Delete the section |
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Section 106(2)(a) |
Delete "any form" and substitute: forms |
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Section 106(2)(b) |
Delete "any" and substitute: a |