EQUAL OPPORTUNITY ACT 2010

Victorian Current Acts

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EQUAL OPPORTUNITY ACT 2010

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purposes
2. Commencement
3. Objectives
4. Definitions
5. Act binds the Crown

PART 2--WHAT IS DISCRIMINATION?

6. Attributes
7. Meaning of discrimination
8. Direct discrimination
9. Indirect discrimination
10. Motive is irrelevant to discrimination
11. Discrimination by acting with others and by not acting
12. Special measures
13. When is discrimination lawful?

PART 3--DUTY TO ELIMINATE DISCRIMINATION, SEXUAL HARASSMENT AND VICTIMISATION

14. Purpose of Part
15. Duty to eliminate discrimination, sexual harassment or victimisation

PART 4--WHEN IS DISCRIMINATION PROHIBITED?

Division 1--Discrimination in employment

16. Discrimination against job applicants
17. Employer must accommodate responsibilities as parent or carer of person offered employment
18. Discrimination against employees
19. Employer must accommodate employee's responsibilities as parent or carer
20. Employer must make reasonable adjustments for person offered employment or employee with a disability
21. Discrimination against contract workers
22. Principal must accommodate contract worker's responsibilities as parent or carer
22A. Principal must make reasonable adjustments for contract worker with a disability
23. Exception—adjustments for person or employee with a disability not reasonable
24. Exception—domestic or personal services
25. Exception—care of children
26. Exception—genuine occupational requirements
27. Exception—political employment
28. Exception—welfare services
28A. Exception—youth wages
29. Exception—early retirement schemes

Division 2--Discrimination in employment-related areas

30. Discrimination in establishing firms
31. Discrimination by firms
32. Firm must accommodate responsibilities as parent or carer of person invited to become a partner or of a partner
33. Firm must make reasonable adjustments for person invited to become a partner or partner with a disability
34. Exception—adjustments for person or partner with a disability not reasonable
35. Discrimination by industrial organisations
36. Discrimination by qualifying bodies
37. Exception—reasonable terms of qualification

Division 3--Discrimination in education

38. Discrimination by educational authorities
39. Exception—educational institutions for particular groups
40. Educational authority must make reasonable adjustments for person with a disability
41. Exception—not reasonable for educational authority to make adjustments
42. Exception—standards of dress and behaviour
43. Exception—age-based admission schemes and age quotas

Division 4--Discrimination in the provision of goods and services and disposal of land

44. Discrimination in the provision of goods and services
45. Service provider must make reasonable adjustments for person with a disability
46. Exception—adjustments to provision of service not reasonable
47. Exception—insurance
48. Exception—credit providers
49. Exception—supervision of children
50. Discrimination in the disposal of land
51. Exception—disposal by will or gift

Division 5--Discrimination in accommodation

52. Discrimination in offering to provide accommodation
53. Discrimination in providing accommodation
54. Discrimination by refusing to allow assistance dogs
55. Discrimination by refusing to allow alterations
56. Discrimination by refusing to allow alterations—owners corporations
57. Discrimination in access to public premises
58. Exception—access to or use of public premises unreasonable
58A. Exception—accommodation unsuitable for children
59. Exception—shared accommodation
60. Exception—welfare measures
61. Exception—accommodation for students
63. Application of this Division

Division 6--Discrimination by clubs and club members

64. Discrimination against applicants for membership
65. Discrimination against club members
66. Exception—clubs for minority cultures
66A. Exception—clubs for political purposes
67. Exception—clubs and benefits for particular age groups
68. Exception—single sex clubs
69. Exception—separate access to benefits for men and women

Division 7--Discrimination in sport

70. Definitions
71. Discrimination in sport
72. Exception—competitive sporting activities

Division 8--Discrimination in local government

73. Discrimination by councillors
74. Exception—political belief or activity

PART 5--GENERAL EXCEPTIONS TO AND EXEMPTIONS FROM THE PROHIBITION OF DISCRIMINATION

75. Things done with statutory authority
76. Things done to comply with orders of courts and tribunals
77. Pensions
78. Superannuation—existing fund conditions before 1 January 1996
79. Superannuation—new fund conditions after 1 January 1996
80. Charities
81. Definition of religious body
81A. Other definitions
82. Religious bodies
82A. Religious bodies—employment
82B. Religious bodies—provision of government funded services
83. Religious educational institutions
83A. Religious educational institutions: employment
85. Legal incapacity and age of majority
86. Protection of health, safety and property
87. Age benefits and concessions
88. Special needs
89. Exemptions by the Tribunal
90. Factors to be considered by Tribunal
91. Applicant to give notice to Commission

PART 6--PROHIBITION OF SEXUAL HARASSMENT

92. What is sexual harassment?
93. Harassment by employers and employees
94. Harassment in common workplaces
95. Harassment by partners
96. Harassment in industrial organisations
97. Harassment by members of qualifying bodies
98. Harassment in educational institutions
99. Harassment in the provision of goods and services
100. Harassment in the provision of accommodation
101. Harassment in clubs
102. Harassment in local government

PART 7--PROHIBITION OF OTHER CONDUCT AND VICARIOUS LIABILITY FOR DISCRIMINATION

Division 1--Victimisation

103. Prohibition of victimisation
104. What is victimisation?

Division 2--Authorising or assisting discrimination

105. Prohibition of authorising or assisting discrimination
106. Liability of person who authorises or assists

Division 3--Discriminatory requests for information

107. Prohibition on requesting discriminatory information
108. Exception—information required for purposes not involving prohibited discrimination

Division 4--Vicarious liability

109. Vicarious liability of employers and principals
110. Exception to vicarious liability

PART 8--DISPUTES

Division 1--Dispute resolution by the Commission

111. Functions of the Commission
112. Principles of dispute resolution offered by the Commission
113. Who may bring a dispute to the Commission?
114. Representative body may bring a dispute to the Commission
115. Beginning and end of dispute resolution
116. Discretion to decline to provide or continue dispute resolution
117. Admissibility of information gathered during dispute resolution
118. Withdrawal from dispute resolution
119. Settlement agreements
120. Registration of settlement agreements
121. Tribunal may make interim orders to prevent prejudice to dispute resolution

Division 2--Applications to the Tribunal

122. Application may be made to Tribunal in respect of dispute
123. Who can apply?
124. Representative body may apply to Tribunal
125. What may the Tribunal decide?
126. Commission may apply to enforce order of Tribunal

PART 9--INVESTIGATIONS

Division 1--Commission may conduct investigation

127. When investigation may be conducted
128. Matters referred by Tribunal for investigation

Division 2--Conduct of investigations

129. Commission to conduct investigation as it thinks fit
130. Commission may ask for information
131. Tribunal order compelling production of information or documents
132. Creation of documents
133. Documents produced to the Commission
134. Power to compel attendance
135. Disclosure of identity of persons who give information or documents
136. Publication of evidence, information or documents
137. Tribunal may make interim orders to prevent prejudice to investigation
138. Investigation when other proceedings commenced

Division 3--Outcomes of investigations

139. Outcome of an investigation
140. Registration of agreements
141. Inquiries by the Tribunal
142. Report of an investigation
143. Content of reports
144. Report on investigation not prohibited disclosure

PART 10--PRACTICE GUIDELINES, REVIEWS AND ACTION PLANS

Division 1--Practice guidelines

148. Commission may issue practice guidelines
149. Effect of practice guidelines
150. Publication of practice guidelines or withdrawal of practice guidelines

Division 2--Reviews

151. Commission may conduct review of compliance

Division 3--Action plans

152. Action plans
153. Register of action plans

PART 11--VICTORIAN EQUAL OPPORTUNITY AND HUMAN RIGHTS COMMISSION

Division 1--The Commission

154. Continuation of Commission
155. Functions and powers of Commission
156. Commission's educative functions
157. Commission's research functions
158. Commission may report on educative or research functions
159. Commission may intervene in proceedings
160. Commission may assist in proceedings as amicus curiae

Division 2--The Board

161. Constitution of the Board
162. Functions of the Board
163. Terms of appointment of members
164. Resignation and removal
165. Chairperson
166. Acting appointments
167. Payment of members
168. Procedure of Board
169. Effect of vacancy or defect

Division 3--The Commissioner

170. Appointment and role of Commissioner
171. Payment of Commissioner
172. Acting Commissioner

Division 4--General provisions

174. Staff of Commission
175. Delegation
176. Secrecy
176A. Exceptions—court-ordered disclosure in criminal proceedings or disclosure with consent
176B. Other exceptions
177. Disclosure of information relating to disputes, complaints and investigations
178. Protection from liability
179. Annual reports

PART 12--OFFENCES

Division 1--Proceedings for offences

180. Who may bring proceedings for an offence?
181. Offences are to be dealt with summarily

Division 2--Discriminatory advertising

182. Offence of discriminatory advertising
183. Defence
184. Proceedings for the offence of discriminatory advertising

Division 3--Other offences

185. Obstructing Commission
186. False or misleading information

PART 13--GENERAL

187. Proceedings against unincorporated associations
188. Contravention does not create civil or criminal liability
188A. Protection against self-incrimination
189. Protection of people giving evidence and information
190. Regulations

PART 14--REPEAL OF EQUAL OPPORTUNITY ACT 1995 AND TRANSITIONAL PROVISIONS

Division 1--Repeal of Equal Opportunity Act 1995

191. Repeal of Equal Opportunity Act 1995

Division 2--Transitional provisions

192. Definitions
193. Complaints lodged before commencement day
194. Alleged contraventions that occurred prior to commencement day
195. Exemptions under the old Act by the Tribunal
195A. Continuation of the Board of the Commission
195B. Interim chairperson
195C. Commissioner
196. Tribunal may make orders of a transitional nature

Division 3--Transitional provisions relating to the Change or Suppression (Conversion) Practices Prohibition Act 2021

197. Definitions
198. Conduct, disputes and investigations before commencement day
ENDNOTES

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