South Australian Current Acts

EQUAL OPPORTUNITY ACT 1984 - SECT 85ZH

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, caring responsibilities or being, or having been, subjected to domestic abuse.

        (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.

        (6)         This section does not apply to discrimination on the ground of being, or having been, subjected to domestic abuse 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 who are, or who have been, subjected to domestic abuse or domestic abuse of a particular kind.