Western Australian Current Acts Western Australian Current Acts (1) The Governor may
make regulations for or with respect to any matter that by this Act is
required or permitted to be prescribed or that is necessary or convenient to
be prescribed for carrying out or giving effect to this Act.
(2) Without limiting
the generality of subsection (1), the Governor may make regulations for or
with respect to —
(a) the
forms to be used for the purposes of this Act or the regulations; and
(b) the
fees to be paid in respect of the lodging of any complaint under Part VII; and
(c) the
manner of serving any notice or other document; and
[(d) deleted]
(e)
exempting —
(i)
any person or class of persons; or
(ii)
any activity or class of activity; or
(iii)
any other matter or circumstance, specified in the
regulations,
from this Act or such
parts of this Act as may be so specified.
(3) Regulations made
under this Act may provide that contravention of or failure to comply with a
regulation constitutes an offence and provide for penalties not exceeding a
fine of $500 for offences against the regulations.
[Section 169 amended: No. 74 of 1992 s. 39; No. 55
of 2004 s. 332.]
This is a compilation of the Equal Opportunity Act 1984 and includes
amendments made by other written laws. For provisions that have come into
operation, and for information about any reprints, see the compilation table.
For provisions that have not yet come into operation see the uncommenced
provisions table.
Compilation table
|
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) |
|
Industrial Relations Legislation Amendment Act 2024 Pt. 4 Div. 1 |
43 of 2024 |
13 Nov 2024 |
31 Jan 2025 (see s. 2(c)) |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Births, Deaths and Marriages Registration Amendment (Sex or Gender Changes)
Act 2024 Pt. 4 Div. 7 |
31 of 2024 |
26 Sep 2024 |
To be proclaimed (see s. 2(b)) |
1 Footnote no longer required.
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)
particular allegation 83B(1)
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)
© State of Western Australia 2025
.
This work is licensed under a Creative Commons Attribution 4.0 International
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the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State
of Western Australia 2025
.
By Authority: GEOFF O. LAWN, Government Printer