1 This is a compilation of the Equal Opportunity
Act 1984 and includes the amendments made by the other written laws
referred to in the following table. The table also contains information about
any reprint.
Short title |
Number and year |
Assent |
Commencement |
---|---|---|---|
83 of 1984 |
7 Dec 1984 |
s. 1 and 2: 7 Dec 1984; |
|
Acts Amendment (Financial Administration and Audit)
Act 1985 s. 3 10 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette
30 Jun 1986 p. 2255) |
Equal Opportunity Amendment Act 1988
11 |
40 of 1988 |
30 Nov 1988 |
s. 1 and 2: 30 Nov 1988; |
Equal Opportunity Amendment
Act 1992 12, 13 |
74 of 1992 |
11 Dec 1992 |
Act other than s. 4-8, 10-31, 33-35 and 37 –40
(subject to s. 9(2) and (3) and s. 36(2)): 11 Dec 1992 (see
s. 2(1)); s. 4-8, 10-31, 33-35 and 37-40: 8 Jan 1993 (see
s. 2(2)) |
Acts Amendment (Public Sector Management)
Act 1994 s. 19 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
Energy Corporations (Transitional and Consequential
Provisions) Act 1994 s. 109 |
89 of 1994 |
15 Dec 1994 |
1 Jan 1995 (see s. 2(2) and Gazette
23 Dec 1994 p. 7069) |
Sentencing (Consequential Provisions) Act 1995
s. 147 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette
25 Oct 1996 p. 5632) |
Reprint of the Equal Opportunity Act 1984 as
at 16 Apr 1996 (includes amendments listed above except those in
the Sentencing (Consequential Provisions) Act 1995) |
|||
Local Government (Consequential Amendments)
Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
42 of 1996 |
16 Oct 1996 |
1 Jan 1997 (see s. 2 and Gazette
12 Nov 1996 p. 6301) |
|
Electoral Legislation Amendment Act 1996
s. 28 |
43 of 1996 |
16 Oct 1996 |
9 Nov 1996 (see s. 2(2) and Gazette
8 Nov 1996 p. 6265) |
Acts Amendment and Repeal (Family Court) Act 1997
s. 31 |
41 of 1997 |
9 Dec 1997 |
26 Sep 1998 (see s. 2 and Gazette
25 Sep 1998 p. 5295) |
Equal Opportunity Amendment Act
(No. 3) 1997 |
42 of 1997 |
9 Dec 1997 |
s. 4: 1 Dec 1993 (see s. 2(2));
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 55 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
Statutes (Repeals and Minor Amendments) Act (No. 2)
1998 s. 33 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998
(see s. 2(1)) |
2 of 1999 |
25 Mar 1999 |
24 May 1999 (see s. 2 and Gazette
21 May 1999 p. 1999) |
|
Reprint of the Equal Opportunity Act 1984 as
at 7 May 1999 (includes amendments listed above except those in
the Friendly Societies (Western Australia)
Act 1999) |
|||
School Education Act 1999
s. 247 |
36 of 1999 |
2 Nov 1999 |
1 Jan 2001 (see s. 2 and Gazette
29 Dec 2000 p. 7904) |
58 of 1999 |
24 Dec 1999 |
16 Dec 2000 (see s. 2(5) and Gazette
15 Dec 2000 p. 7201) |
|
2 of 2000 |
12 Apr 2000 |
19 Dec 2001 (see s. 2 and Gazette
18 Dec 2001 p. 6489) |
|
Statutes (Repeals and Minor Amendments) Act 2000
s. 14(13) |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
Reprint of the Equal Opportunity Act 1984 as
at 21 Jul 2000 (includes amendments listed above except those in
the School Education Act 1999, Gas Corporation (Business
Disposal) Act 1999 and the Gender Reassignment
Act 2000) |
|||
Building Societies Amendment Act 2001
s. 48 |
12 of 2001 |
13 Jul 2001 |
13 Jul 2001 (see s. 2) |
Acts Amendment (Lesbian and Gay Law Reform) Act 2002
Pt. 8 14 |
3 of 2002 |
17 Apr 2002 |
21 Sep 2002 (see s. 2 and Gazette
20 Sep 2002 p. 4693) |
Labour Relations Reform Act 2002
s. 183 |
20 of 2002 |
8 Jul 2002 |
1 Aug 2002 (see s. 2 and Gazette
26 Jul 2002 p. 3459) |
Acts Amendment and Repeal (Courts and Legal Practice)
Act 2003 s. 33 and 112 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette
30 Dec 2003 p. 5722) |
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004 Pt. 2 Div. 43 15,
16 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
Reprint 4: The Equal Opportunity Act 1984 as
at 1 Apr 2005 (includes amendments listed above except those in
the Courts Legislation Amendment and Repeal
Act 2004) |
|||
17 of 2005 |
5 Oct 2005 |
10 Jul 2010 (see s. 2(3) and Gazette
9 Jul 2010 p. 3239) |
|
18 of 2005 |
13 Oct 2005 |
1 Apr 2006 (see s. 2(2) and Gazette
31 Mar 2006 p. 1153) |
|
Machinery of Government (Miscellaneous Amendments)
Act 2006 s. 452(1) 17 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette
27 Jun 2006 p. 2347) |
Solicitor-General Amendment Act 2006
s. 12 |
29 of 2006 |
30 Jun 2006 |
18 Jul 2006 (see s. 2) |
Liquor and Gaming Legislation Amendment Act 2006
s. 117 |
73 of 2006 |
13 Dec 2006 |
7 May 2007 (see s. 2(2) and Gazette
1 May 2007 p. 1893) |
Financial Legislation Amendment and Repeal Act 2006
Sch. 1 cl. 60 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
Reprint 5: The Equal Opportunity Act 1984 as
at 2 Mar 2007 (includes amendments listed above except those in
the Housing Societies Repeal Act 2005 and Liquor and Gaming
Legislation Amendment Act 2006) |
|||
Acts Amendment (Justice) Act 2008
Pt. 10 |
5 of 2008 |
31 Mar 2008 |
30 Sep 2008 (see s. 2(d) and Gazette
11 Jul 2008 p. 3253) |
Legal Profession Act 2008 s. 661
|
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette
27 Feb 2009 p. 511) |
Acts Amendment (Bankruptcy) Act 2009
s. 36 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
Co-operatives Act 2009 s. 509 and
514 18 |
24 of 2009 |
22 Oct 2009 |
s. 509: 1 Sep 2010 (see s. 2(b) and
Gazette 13 Aug 2010
p. 3975); |
Equal Opportunity Amendment Act 2010
|
2 of 2010 |
1 Apr 2010 |
s. 1 and 2: 1 Apr 2010
(see s. 2(a)); |
Public Sector Reform Act 2010
s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p.
5563) |
Reprint 6: The Equal Opportunity Act 1984 as
at 7 Jan 2011 (includes amendments listed above except those in the
Co-operatives Act 2009 s. 514) |
|||
Fines, Penalties and Infringement Notices Enforcement
Amendment Act 2012 Pt. 3 |
48 of 2012 |
29 Nov 2012 |
21 Aug 2013 (see s. 2(b) and Gazette
20 Aug 2013 p. 3815) |
Electricity Corporations Amendment Act 2013
s. 42 |
25 of 2013 |
18 Dec 2013 |
1 Jan 2014 (see s. 2(c) and Gazette
27 Dec 2013 p. 6465) |
30 of 2015 |
2 Nov 2015 |
1 Jul 2016 (see s. 2(b) and Gazette 24 Jun
2016 p. 2291-2) |
|
Public Health (Consequential Provisions)
Act 2016 s. 101 and Pt. 5 Div. 6 |
19 of 2016 |
25 Jul 2016 |
s. 101: 24 Jan 2017 (see s. 2(1)(c) and
Gazette 10 Jan 2017
p. 165); |
Reprint 7: The Equal Opportunity Act 1984 as at 5
Aug 2016 (includes amendments listed above except the Public Health
(Consequential Provisions) Act 2016 |
|||
Statutes (Minor Amendments) Act 2017
s. 8 |
6 of 2017 |
12 Sep 2017 |
13 Sep 2017 (see s. 2(b)) |
Industrial Relations Amendment Act 2018
s. 68 |
39 of 2018 |
12 Dec 2018 |
19 Dec 2018 (see s. 2(b) and Gazette
18 Dec 2018 p. 4835) |
2 Repealed by the Human Rights and Equal Opportunity
Commission (Transitional Provisions and Consequential Amendments)
Act 1986 s. 4 (Cwlth) (No. 126 of 1986). Now see the Human
Rights and Equal Opportunity Commission Act 1986 (Cwlth).
3 The Uniform Building By-laws 1974 were repealed by
Gazette 28 July 1989 p. 2280.
4 Repealed by the Financial Institutions (Western Australia)
Act 1992 s. 22(1) which was repealed by the Acts Amendment and
Repeal (Financial Sector Reform) Act 1999 s. 5.
5 The Friendly Societies (Western Australia) Act 1999, to
which the Friendly Societies (Western Australia) Code was an Appendix,
was repealed by the Acts Amendment and Repeal (Financial Sector Reform) Act
1999 s. 5(d).
6 The Industrial Relations Act 1988 (Cwlth) was renamed
the Workplace Relations Act 1996 by the Workplace and Other
Legislation Amendment Act 1996 Sch. 19 (Cwlth). The Workplace Relations
Act 1996 was then repealed by the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cwlth).
7 The Western Australian Government Railways Commission no
longer exists. Its successor is the Public Transport Authority. See the
Public Transport Authority Act 2003 s. 80.
8 Under the Public Sector Management Act 1994
s. 112(1), a reference to the Public Service Act 1978 is to
be read as a reference to the Public Sector Management Act 1994.
The reference was changed under the Reprints Acts 1984
s. 7(3)(g).
9 Now known as the Police Service.
10 The Acts Amendment (Financial Administration and Audit)
Act 1985 s. 4 is a savings and transitional provision of no
further effect.
11 The Equal Opportunity Amendment Act 1988
s. 33 is a transitional provision of no further effect.
12 The Equal Opportunity Amendment Act 1992
s. 36(2) is a saving provision of no further effect.
13 The Equal Opportunity Amendment Act 1992
s. 9(2) and (3) read as follows:
(2) To the extent that it affects the application of the principal Act to
conduct by a person who was, at the time of the conduct, a Member of Parliament,
subsection (1) is deemed to have come into operation immediately after the
commencement of the principal Act.
(3) Where a contravention of the principal Act is alleged to have been
committed before the day on which this Act receives the Royal Assent and it
would not have been a contravention but for subsection (2), the reference
in section 83(4) of the principal Act to the date on which the
contravention is alleged to have been committed is to be regarded as a reference
to the day on which this Act received the Royal Assent.
14 The Acts Amendment (Lesbian and Gay Law Reform)
Act 2002 s. 51(3) is a savings provision of no further
effect.
15 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the State
Administrative Tribunal Regulations 2004 r. 28 and 42 deal with
certain transitional issues some of which may be relevant for this
Act.
16 The State Administrative Tribunal
Regulations 2004 r. 48 reads as follows:
48. Equal Opportunity Act 1984
Unless the context otherwise requires, where in an arrangement made under
the Equal Opportunity Act 1984 section 7 there is a reference
to the Equal Opportunity Tribunal that reference is to be read and construed as
a reference to the State Administrative Tribunal.
17 The Machinery of Government (Miscellaneous Amendments)
Act 2006 section 454 provides general transitional provisions
concerning references to chief executive officers that are amended or repealed
by that Act.
18 The amendments in the Co-operatives Act 2009 s. 509(2)
and 514(2) are not included because the section to be amended (s. 35N(1))
had expired on 9 Jan 1995 under s. 35N(2). Section 35N(2) reads as
follows:
(2) Subsection (1) shall, except to the extent that regulations made
for the purposes of this subsection provide otherwise, cease to be in force at
the expiration of 2 years after the coming into operation of
section 11 of the Equal Opportunity Amendment
Act 1992.
Defined
terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined
term Provision(s)
accommodation 4(1)
advertisement 66ZS(2),
68(2)
age 4(1)
aggrieved person 8(1) and (2), 9(1) and (2), 10(1) and (2),
10A(1) and (2), 19,
35A(1) and (2), 35O(1)-(3), 35X, 36(1), (1a) and (2), 45,
53(1) and (2),
66A(1), (1a), (3) and (4), 66J(1), 66V(1)-(3), 66ZE(1),
67A
amending section 66ZL(2)
authority 138, 163(4)
charitable
benefits 4(1), 70(2)
club 4(1)
commission
agent 4(1)
Commissioner 4(1)
committee of
management 4(1)
complainant 4(1)
complaint 4(1)
contract
worker 4(1)
court 167(4)
Director 4(1)
discriminator 8(1) and (2), 9(1) and (2), 10(1) and (2),
10A(1) and (2), 19,
35A(2), 35AB(1) and (3), 35AK, 35A(1), 35O(1)-(3), 35X,
36(1), (1a) and (2), 45, 53(1) and (2), 66A(1), (1a), (3) and (4),
66J(1), 66V(1)-(3), 66ZE(1), 67A
document 4(1)
educational authority 4(1)
educational
institution 4(1)
employment 4(1)
employment agency 4(1)
existing
condition 66ZL(2)
family responsibility or family status 4(1)
Fines
Enforcement Registrar 4(1)
functions 4(1)
gender reassigned
person 4(1)
harasser 49A(1) and (2)
impairment 4(1)
incorporated
association 4(1)
inquiry 4(1)
institution 74(1)
institution of tertiary
education 4(1)
man 4(1)
management plan 138
marital status 4(1)
near
relative 4(1)
notifiable infectious disease 66U(3)
opposite
sex 35AA(2)
person victimised 67(1)
principal 4(1)
private educational
authority 4(1)
produce 167(4)
public
authority 139(3)
race 4(1)
relative 4(1)
relevant
details 4(1)
relevant documents 86(1)
relevant
information 86(1)
relevant person 165(2)
relevant sex 27(2)
religious
or political conviction 4(3)
representative
complaint 4(1)
respondent 4(1)
services 4(1)
sexual
orientation 4(1)
State employee 4(1)
trade
union 83(6)
Tribunal 4(1)
vehicle 4(1)
victimiser 67(1)
voluntary
body 4(1)
Western Australian law 4(1)
woman 4(1)