Western Australian Current Acts

EQUAL OPPORTUNITY ACT 1984

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Objects
            
   4.      Terms used
            
   5.      Act done for 2 or more reasons
            
   6.      Act binds Crown
            
   7.      Inter-governmental arrangements

   PART II -- Discrimination on ground of sex, marital status, pregnancy or breast feeding

           Division 1 -- General  

   8.      Discrimination on the ground of sex
            
   9.      Discrimination on the ground of marital status
            
   10.     Discrimination on the ground of pregnancy
            
   10A.    Discrimination on the ground of breast feeding

           Division 2 -- Discrimination in work  

   11.     Discrimination against applicants and employees
            
   12.     Discrimination against commission agents
            
   13.     Discrimination against contract workers
            
   14.     Partnerships
            
   15.     Professional or trade organisations
            
   16.     Qualifying bodies
            
   17.     Employment agencies

           Division 3 -- Discrimination in other areas  

   18.     Education
            
   19.     Access to places and vehicles
            
   20.     Goods, services and facilities
            
   21.     Accommodation
            
   21A.    Land
            
   22.     Clubs
            
   23.     Requesting or requiring provision of certain information

           Division 4 -- Discrimination involving sexual harassment  

   24.     Sexual harassment in employment
            
   25.     Sexual harassment in education
            
   26.     Sexual harassment related to accommodation

           Division 5 -- Exceptions to Part II  

   27.     Genuine occupational qualifications
            
   28.     Pregnancy or childbirth
            
   29.     Employment of married couple or partners in de facto relationship
            
   30.     Services for members of one sex
            
   31.     Measures intended to achieve equality
            
   32.     Accommodation provided for employees or students
            
   33.     Residential care of children
            
   34.     Insurance
            
   35.     Sport

   PART IIAA -- Discrimination on gender history grounds in certain cases

           Division 1 -- General  

   35AA.   Gender history
            
   35AB.   Discrimination on gender history grounds

           Division 2 -- Discrimination in work  

   35AC.   Discrimination against applicants and employees
            
   35AD.   Discrimination against commission agents
            
   35AE.   Discrimination against contract workers
            
   35AF.   Partnerships
            
   35AG.   Professional or trade organisations
            
   35AH.   Qualifying bodies
            
   35AI.   Employment agencies

           Division 3 -- Discrimination in other areas  

   35AJ.   Education
            
   35AK.   Access to places and vehicles
            
   35AL.   Goods, services and facilities
            
   35AM.   Accommodation
            
   35AN.   Land
            
   35AO.   Clubs
            
   35AP.   Discrimination in sport on gender history grounds
            
   35AQ.   Requesting or requiring provision of certain information
            
   35AR.   Superannuation schemes and provident funds

   PART IIA -- Discrimination on the ground of family responsibility or family status

           Division 1 -- General  

   35A.    Discrimination on the ground of family responsibility or family status

           Division 2 -- Discrimination in work  

   35B.    Discrimination against applicants and employees
            
   35C.    Discrimination against commission agents
            
   35D.    Discrimination against contract workers
            
   35E.    Partnerships
            
   35F.    Professional or trade organisations
            
   35G.    Qualifying bodies
            
   35H.    Employment agencies

           Division 3 -- Discrimination in other areas  

   35I.    Education
            
   35J.    Requesting or requiring provision of certain information

           Division 4 -- Exceptions to Part IIA  

   35K.    Measures intended to meet special needs
            
   35L.    Accommodation provided for employees
            
   35M.    Identity of relative

   PART IIB -- Discrimination on ground of sexual orientation

           Division 1 -- General  

   35O.    Discrimination on the ground of sexual orientation

           Division 2 -- Discrimination in work  

   35P.    Discrimination against applicants and employees
            
   35Q.    Discrimination against commission agents
            
   35R.    Discrimination against contract workers
            
   35S.    Partnerships
            
   35T.    Professional or trade organisations
            
   35U.    Qualifying bodies
            
   35V.    Employment agencies

           Division 3 -- Discrimination in other areas  

   35W.    Education
            
   35X.    Access to places and vehicles
            
   35Y.    Goods, services and facilities
            
   35Z.    Accommodation
            
   35ZA.   Land
            
   35ZB.   Clubs
            
   35ZC.   Requesting or requiring provision of certain information

           Division 4 -- Exceptions to PART IIB  

   35ZD.   Measures intended to achieve equality

   PART III -- Discrimination on the ground of race

           Division 1 -- General  

   36.     Racial discrimination

           Division 2 -- Discrimination in work  

   37.     Discrimination against applicants and employees
            
   38.     Discrimination against commission agents
            
   39.     Discrimination against contract workers
            
   40.     Partnerships
            
   41.     Professional or trade organisations
            
   42.     Qualifying bodies
            
   43.     Employment agencies

           Division 3 -- Discrimination in other areas  

   44.     Education
            
   45.     Access to places and vehicles
            
   46.     Goods, services and facilities
            
   47.     Accommodation
            
   47A.    Land
            
   48.     Clubs
            
   49.     Requesting or requiring provision of certain information

           Division 3A -- Discrimination involving racial harassment  

   49A.    Racial harassment in employment
            
   49B.    Racial harassment in education
            
   49C.    Racial harassment related to accommodation
            
   49D.    Racial grounds

           Division 4 -- Exceptions to Part III  

   50.     Genuine occupational qualifications
            
   51.     Measures intended to achieve equality
            
   52.     Citizenship

   PART IV -- Discrimination on the ground of religious or political conviction

           Division 1 -- General  

   53.     Discrimination on ground of religious or political conviction

           Division 2 -- Discrimination in work  

   54.     Discrimination against applicants and employees
            
   55.     Discrimination against commission agents
            
   56.     Discrimination against contract workers
            
   57.     Partnerships
            
   58.     Professional or trade organisations
            
   59.     Qualifying bodies
            
   60.     Employment agencies

           Division 3 -- Discrimination in other areas  

   61.     Education
            
   62.     Goods, services and facilities
            
   63.     Accommodation
            
   64.     Clubs
            
   65.     Requesting or requiring provision of certain information

           Division 4 -- Exceptions to Part IV  

   66.     Exceptions to s. 54 to

   PART IVA -- Discrimination on the ground of impairment

           Division 1 -- General  

   66A.    Discrimination on ground of impairment

           Division 2 -- Discrimination in work  

   66B.    Discrimination against applicants and employees
            
   66C.    Discrimination against commission agents
            
   66D.    Discrimination against contract workers
            
   66E.    Partnerships
            
   66F.    Professional or trade organisations
            
   66G.    Qualifying bodies
            
   66H.    Employment agencies

           Division 3 -- Discrimination in other areas  

   66I.    Education
            
   66J.    Access to places and vehicles
            
   66K.    Goods, services and facilities
            
   66L.    Accommodation
            
   66M.    Clubs and incorporated associations
            
   66N.    Discrimination in sport on ground of impairment
            
   66O.    Requesting or requiring provision of certain information
            
   66P.    Superannuation schemes and provident funds

           Division 4 -- Exceptions to Part IVA  

   66Q.    Exceptions to certain work related provisions in Div.
            
   66R.    Measures intended to achieve equality
            
   66S.    Genuine occupational qualifications
            
   66T.    Insurance
            
   66U.    Regulations

   PART IVB -- Discrimination on the ground of age

           Division 1 -- General  

   66V.    Discrimination on ground of age

           Division 2 -- Discrimination in work  

   66W.    Discrimination against applicants and employees
            
   66X.    Discrimination against commission agents
            
   66Y.    Discrimination against contract workers
            
   66Z.    Partnerships
            
   66ZA.   Professional or trade organisations
            
   66ZB.   Qualifying bodies
            
   66ZC.   Employment agencies

           Division 3 -- Discrimination in other areas  

   66ZD.   Education
            
   66ZE.   Access to places and vehicles
            
   66ZF.   Goods, services and facilities
            
   66ZG.   Accommodation
            
   66ZH.   Land
            
   66ZI.   Clubs and incorporated associations
            
   66ZJ.   Discrimination in sport on ground of age
            
   66ZK.   Requesting or requiring provison of certain information
            
   66ZL.   Superannuation schemes and provident funds

           Division 4 -- Exceptions to Part IVB  

   66ZM.   Health and safety considerations
            
   66ZN.   Retirement
            
   66ZO.   Contracts with minors
            
   66ZP.   Measures intended to achieve equality
            
   66ZQ.   Genuine occupational qualifications
            
   66ZR.   Insurance
            
   66ZS.   Acts done under statutory authority

   PART IVC -- Discrimination on ground of publication of relevant details of persons on Fines Enforcement Registrar’s website

           Division 1 -- General  

   67A.    Discrimination on ground of publication of relevant details on Fines Enforcement Registrar’s website

           Division 2 -- Discrimination in work  

   67B.    Discrimination against applicants and employees
            
   67C.    Discrimination against commission agents
            
   67D.    Discrimination against contract workers
            
   67E.    Professional or trade organisations
            
   67F.    Qualifying bodies
            
   67G.    Employment agencies

           Division 3 -- Discrimination in other areas  

   67H.    Goods, services and facilities
            
   67I.    Accommodation

   PART V -- Other unlawful acts  

   67.     Victimisation
            
   68.     Advertisements

   PART VI -- General exceptions to this Act  

   69.     Acts done under statutory authority
            
   70.     Charities
            
   71.     Voluntary bodies
            
   72.     Religious bodies
            
   73.     Educational institutions established for religious purposes
            
   74.     Establishments providing housing accommodation for aged persons

   PART VII -- The Commissioner for Equal Opportunity

           Division 1 -- Office of Commissioner  

   75.     Commissioner for Equal Opportunity
            
   76.     Vacation of office
            
   77.     Existing rights etc.
            
   78.     Acting Commissioner
            
   79.     Staff

           Division 2 -- Functions of the Commissioner  

   80.     General functions of Commissioner
            
   81.     Reference by the Minister to the Commissioner
            
   82.     Review of legislation, policies and practices
            
   83.     Making complaints to Commissioner
            
   83A.    Withdrawal and lapse of complaints
            
   84.     Investigation of complaints by Commissioner
            
   85.     Application to Tribunal for interim order under s.
            
   86.      Power to obtain information and documents
            
   87.     Directions to attend compulsory conference
            
   88.     Compulsory conference
            
   89.     Commissioner may dismiss certain complaints
            
   90.     Commissioner to refer complaint to Tribunal if complainant so requires
            
   91.     Resolving complaints by conciliation
            
   92.     Representation in conciliation proceedings
            
   93.     Referring complaints to Tribunal
            
   93A.    Commissioner may assist complainants on appeal to Supreme Court
            
   94.     Delegation by Commissioner
            
   95.     Annual report

   PART VIII -- The Role of the State Administrative Tribunal

           Division 1 -- Constituting the Tribunal  

   96.     Presiding member

           Division 2 -- Functions  

   107.    Jurisdiction of Tribunal
            
   108.    Commissioner’s reference under s. 93(1)
            
           113. Officer of Commissioner assisting Tribunal
            
   114.    Determining representative complaints
            
   115.    Matter to be considered in determining representative complaints
            
   116.    Amendment of complaint by Tribunal
            
   117.    Ordinary complaint not precluded by representative complaint
            
   122.    Tribunal may prohibit publication of evidence
            
   123.    Proof of exceptions
            
   126.    Interim orders
            
   127.    Decisions of Tribunal
            
   134.    Appeals

           Division 3 -- Power of Tribunal to grant exemptions  

   135.    Tribunal may grant exemptions
            
   136.    Tribunal must publish decisions made under s.
            
   137.     Effect of exemption orders

   PART IX -- Equal opportunity in public employment

           Division 1 -- General  

   138.    Terms used
            
   139.    Application of Part IX
            
   140.    Objects of Part IX
            
   141.    Exercise of functions of authorities

           Division 2 -- The Director of Equal Opportunity in Public Employment  

   142.    The Director
            
   143.    Functions of Director
            
   144.    Annual report of Director

           Division 3 -- Equal employment opportunity management plans  

   145.    Preparation and implementation of management plans
            
   146.    Annual report to Director
            
   147.    Investigation by Director
            
   149.    Representation in investigation proceedings
            
   150.    Powers of Director on an investigation
            
   151.    Incriminatory statements
            
   152.    Conclusion of investigation
            
   153.    Direction to amend management plan

   PART X -- Miscellaneous  

   154.    Effect of contravention of Act
            
   155.    Obstruction
            
   156.    Failure to provide actuarial or statistical data
            
   157.    Failure to attend conciliation proceedings or conference
            
   158.    Failure to furnish information or produce document
            
   159.    False or misleading information
            
   160.    Liability of persons involved in unlawful acts
            
   161.    Vicarious liability
            
   162.    Acts done on behalf of bodies
            
   163.    References to employer
            
   164.    Self-incrimination
            
   165.    Particulars of certain complaints not to be communicated
            
   166.    Protection from civil actions
            
   167.    Non-disclosure of private information
            
   168.    Information stored otherwise than in written form
            
   169.    Regulations
            
           Uncommenced provisions table
            
           Other notes
           Defined terms