South Australian Current Acts

EQUAL OPPORTUNITY ACT 1984

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   5.      Interpretation
   6.      Interpretative provisions
   7.      Crown is bound

   PART 2--Commissioner

           Division 1--Commissioner

   8.      The Commissioner
   9.      Staff
   10.     Administration of Act and Ministerial direction
   11.     Functions of Commissioner
   14.     Annual report by Commissioner
   15.     Power of Commissioner to delegate

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

           Division 1--Discrimination to which Part 3 applies

   29.     Criteria for discrimination on ground of sex, gender identity, sexual orientation or intersex status

           Division 2--Discrimination against workers

   30.     Discrimination against applicants and employees
   31.     Discrimination against agents and independent contractors
   32.     Discrimination against contract workers
   33.     Discrimination within partnerships
   34.     Exemptions

           Division 3--Discrimination by other bodies

   35.     Discrimination by associations
   36.     Discrimination by qualifying bodies

           Division 4--Discrimination in education

   37.     Discrimination by educational authorities

           Division 5--Discrimination in relation to land, goods, services and accommodation

   38.     Discrimination by person disposing of an interest in land
   39.     Discrimination in provision of goods and services
   40.     Discrimination in relation to accommodation

           Division 7--General exemptions from Part 3

   45.     Charities
   47.     Measures intended to achieve equality
   48.     Sport
   49.     Insurance etc
   50.     Religious bodies

   PART 4--Prohibition of discrimination on ground of race

           Division 1--Discrimination to which Part 4 applies

   51.     Criteria for establishing discrimination on ground of race

           Division 2--Discrimination against workers

   52.     Discrimination against applicants and employees
   53.     Discrimination against agents and independent contractors
   54.     Discrimination against contract workers
   55.     Discrimination within partnerships
   56.     Exemptions

           Division 3--Discrimination by other bodies

   57.     Discrimination by associations on ground of race
   58.     Discrimination by qualifying bodies

           Division 4--Discrimination in education

   59.     Discrimination by educational authorities

           Division 5--Discrimination in relation to land, goods, services and accommodation

   60.     Discrimination by person disposing of an interest in land
   61.     Discrimination in provision of goods and services
   62.     Discrimination in relation to accommodation

           Division 6--Discrimination in relation to superannuation

   63.     Superannuation schemes and provident funds

           Division 7--General exemptions from Part 4

   64.     Charities
   65.     Act does not apply to projects for benefit of persons of a particular race

   PART 5--Prohibition of discrimination on ground of disability

           Division 1--Discrimination to which Part 5 applies

   66.     Criteria for establishing discrimination on ground of disability

           Division 2--Discrimination against workers

   67.     Discrimination against applicants and employees
   68.     Discrimination against agents and independent contractors
   69.     Discrimination against contract workers
   70.     Discrimination within partnerships
   71.     Exemptions

           Division 3--Discrimination by other bodies

   72.     Discrimination by associations
   73.     Discrimination by qualifying bodies

           Division 4--Discrimination in education

   74.     Discrimination by educational authorities

           Division 5--Discrimination in relation to land, goods, services and accommodation

   75.     Discrimination by person disposing of interest in land
   76.     Discrimination in provision of goods and services
   77.     Discrimination in relation to accommodation

           Division 6--Discrimination in relation to superannuation

   78.     Discrimination in relation to superannuation

           Division 7--General exemptions from Part 5

   79.     Exemption in relation to remuneration
   79A.    Exemption in relation to infectious diseases
   80.     Exemption for charities
   81.     Exemption in relation to sporting activities
   82.     Exemption for projects for benefit of persons with particular disability
   84.     Exemption for unjustifiable hardship
   85.     Exemption in relation to insurance

   PART 5A--Prohibition of discrimination on ground of age

           Division 1--Discrimination to which Part 5A applies

   85A.    Criteria for establishing discrimination on ground of age

           Division 2--Discrimination against workers

   85B.    Discrimination against applicants and employees
   85C.    Discrimination against agents and independent contractors
   85D.    Discrimination against contract workers
   85E.    Discrimination within partnerships
   85EA.   No compulsory retiring age
   85F.    Exemptions

           Division 3--Discrimination by other bodies

   85G.    Discrimination by associations on ground of age
   85H.    Discrimination by qualifying bodies

           Division 4--Discrimination in education

   85I.    Discrimination by educational authorities

           Division 5--Discrimination in relation to land, goods, services and accommodation

   85J.    Discrimination by person disposing of an interest in land
   85K.    Discrimination in provision of goods and services
   85L.    Discrimination in relation to accommodation

           Division 6--General exemptions from Part 5A

   85M.    Legal capacity of children
   85N.    Charities
   85O.    Testamentary dispositions or gifts
   85P.    Projects for the benefit of persons of a particular age group
   85Q.    Sport
   85R.    Insurance etc

   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
   85ZO.   Exemption relating to domestic abuse

   PART 6--Other unlawful acts

   86.     Victimisation is unlawful
   87.     Sexual harassment
   87A.    Sharing accommodation with child
   87B.    Student breast feeding infant
   88.     Assistance animals
   88A.    Therapeutic animals
   89.     Notification to be given of proposed discrimination based on actuarial or statistical data
   90.     Aiding unlawful acts
   91.     Civil liability of employers and principals

   PART 6A--Practice guidelines

   91A.    Commissioner may issue practice guidelines
   91B.    Effect of practice guidelines

   PART 7--Grant of exemptions

   92.     Tribunal may grant exemptions

   PART 8--Enforcement

           Division 1--Proceedings before Commissioner and Tribunal

   93.     Making of complaints
   93AA.   Manner of dealing with complaints of sexual harassment by judicial officers and members of Parliament
   93A.    Institution of inquiries
   94.     Investigation of complaints or matters referred to Commissioner
   95.     Conciliation of complaints lodged with Commissioner
   95A.    Commissioner may decline complaints in certain circumstances
   95B.    Referral of complaints to Tribunal
   95C.    Assistance to parties before Tribunal
   95D.    Referral of matters to Tribunal
   96.     Power of Tribunal to make certain orders
   96A.    Limitation on publicity relating to child

           Division 2--Reviews and appeals

   96B.    Review of refusal to extend time
   96C.    No internal review by Tribunal
   97.     Reasons for decision or order
   98.     Representation
   98A.    Appeals
   98B.    Transfer of proceedings
   98C.    No application for review

   PART 9--Miscellaneous

   99.     No further sanctions for breach of Act
   100.    Proceedings under Fair Work Act 1994
   102.    Offences against Commissioner
   103.    Discriminatory advertisements
   104.    Service of documents
   106.    Regulations
           Legislative history
           The Parliament of South Australia enacts as
           follows: