- Act 46 of 1998 - Royal Assent 18 December 1998 TABLE OF PROVISIONS Long Title PART 1 - Preliminary 1. Short title 2. Commencement 3. Interpretation 4. Act to bind Crown PART 2 - Anti-Discrimination Commissioner 5. Appointment of Commissioner 6. Functions of Commissioner 7. Powers of Commissioner 8. Delegation 9. Arrangements with Commonwealth 10. Annual report 11. Special report PART 3 - Tribunal 12. Section 12 12A. Section 12A 13. Functions of Tribunal PART 4 - Discrimination and prohibited conduct Division 1 - Discrimination 14. Direct discrimination 15. Indirect discrimination 16. Discrimination on ground of attribute Division 2 - Prohibited conduct 17. Prohibition of certain conduct and sexual harassment 18. Prohibition of victimisation 19. Inciting hatred 20. Promoting discrimination and prohibited conduct 21. Prohibition of aiding contravention of this Act Division 3 - Application of Act to certain areas of activity 22. Areas of activity PART 5 - Exceptions and exemptions Division 1 - General exceptions 23. Charities 24. Actions required by law 25. Disadvantaged groups and special needs 26. Equal opportunities Division 2 - Exceptions relating to certain attributes 27. Gender 28. Family responsibilities and other attributes 29. Sport 30. Insurance and superannuation Division 3 - Exceptions relating to age 31. Sporting activity of particular age group 32. Clubs for particular age groups 33. Superannuation for persons of particular age group 34. Insurance and financial services for particular age group 35. Retirement on basis of age 36. Employment based on age 37. Education for persons of particular age group 38. Benefits and concessions 39. Accompanied by adult Division 4 - Exceptions relating to race 40. Clubs for persons of certain races 41. Employment based on race 42. Cultural and religious places Division 5 - Exceptions relating to disability 43. Sporting activity for persons with disabilities 44. Insurance and superannuation for persons with disabilities 45. Employment based on disability 46. Education for persons with disabilities 47. Infectious disease 48. Access and provision of services Division 6 - Exceptions relating to industrial activity 49. Employment based on industrial activity Division 7 - Exceptions relating to irrelevant criminal record 50. Dealing with children Division 8 - Exceptions relating to religious belief, affiliation or activity 51. Employment based on religion 51A. Admission of person as student based on religion 52. Participation in religious observance Division 9 - Exceptions relating to political belief, affiliation or activity 53. Employment Division 10 - Exceptions relating to other issues 54. Legal incapacity 55. Public purpose Division 11 - Exemptions 55A. Section 55A 55B. Section 55B 56. Application for exemption 57. Grant and renewal of exemption 58. Notification relating to exemption 59. Review of exemptions PART 6 - Dispute resolution Division 1 - Interpretation 59A. Interpretation Division 1A - Complaints 60. Who may complain 60A. Appointment of litigation guardian 61. Acting on behalf of complainant 62. Form of complaint 62A. Combining complaints 63. Time limit on complaints 64. Rejection of complaints 65. Review of rejected complaints 65A. Amendment of complaints 66. Agreements not to complain 67. Notification of acceptance of complaints 68. Application to Commissioner to withdraw complaint Division 2 - Investigation 69. Investigation of complaints 70. Referral by Minister 71. Completion of investigation 72. Review of rejection or dismissal 73. Lapsed complaints Division 3 - Resolution of complaints 74. Resolution of complaints 75. Conciliation conference 75A. Further investigation by Commissioner if no agreement reached by conciliation 76. Resolved complaint 77. Conciliation proceedings not admissible Division 4 - Inquiry 78. Referral for inquiry 78A. Section 78A 79. Referral report 79A. Representation in inquiry 80. Directions conference 80A. Section 80A 81. Proceedings relating to inquiry 82. Representative complaints 83. Ordinary complaint not precluded 84. Amendment of complaints 85. Hearing of inquiry 86. Section 86 86A. Security for costs 87. Section 87 88. Section 88 89. Orders 90. Enforcement of orders 91. Referral of substantiated claims to Industrial Commission 92. Apologies and retractions 93. Reasons for orders 94. Conciliation and agreement 95. Section 95 96. Matters taken into account Division 5 - Miscellaneous 96A. Appeal of terms of settlement in relation to complaint involving children, &c. 97. Information and documents 98. Interim orders 98A. Application to Tribunal to withdraw complaint from inquiry or review 99. Dismissal of complaint 99A. Section 99A 100. Appeals 101. Proof of exceptions PART 7 - Miscellaneous 102. Immunity for complainants and witnesses 103. Immunities 103A. Commissioner and Tribunal members not required to give evidence in certain cases 104. Obligation of organisations 105. False and misleading statements 106. Offences in respect of proceedings 107. Admissibility in other proceedings 107A. Publication of decisions 108. Application of Act 109. Regulations 110. Administration of Act 111. Savings and transitional 112. Sex Discrimination Act 1994 repealed SCHEDULE 1 SCHEDULE 2[ Note: This table has been automatically generated and may be incomplete. ]