Western Australian Current Acts

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EQUAL OPPORTUNITY ACT 1984 - SECT 21

21 .         Accommodation

        (1)         It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person’s sex, marital status, pregnancy or breast feeding —

            (a)         by refusing the other person’s application for accommodation; or

            (b)         in the terms or conditions on which accommodation is offered to the other person; or

            (c)         by deferring the other person’s application for accommodation or according to the other person a lower order of precedence in any list of applicants for that accommodation.

        (2)         It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person’s sex, marital status, pregnancy or breast feeding —

            (a)         by denying the other person access, or limiting the other person’s access, to any benefit associated with accommodation occupied by the other person; or

            (b)         by evicting the other person from accommodation occupied by the other person; or

            (c)         by subjecting the other person to any other detriment in relation to accommodation occupied by the other person.

        (3)         Nothing in this section applies to or in respect of —

            (a)         the provision of accommodation in premises if —

                  (i)         the person who provides or proposes to provide the accommodation or a near relative of that person resides, and intends to continue to reside, on those premises; and

                  (ii)         the accommodation provided in those premises is for no more than 3 persons other than a person referred to in subparagraph (i) or near relatives of such a person;

                or

            (b)         accommodation provided by a religious body; or

            (c)         accommodation provided by a charitable or other voluntary body solely for persons of one sex or solely for persons of a particular marital status or particular marital statuses.

        [Section 21 amended: No. 2 of 2010 s. 16.]



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