Western Australian Current Acts Western Australian Current Acts (1) It is unlawful for
a club, the committee of management of a club or a member of the committee of
management of a club to discriminate against a person who is not a member of
the club on the ground of the person’s sex, marital status, pregnancy or
breast feeding —
(a) by
refusing or failing to accept the person’s application for membership;
or
(b) in
the terms or conditions on which the club is prepared to admit the person to
membership.
(2) It is unlawful for
a club, the committee of management of a club or a member of the committee of
management of a club to discriminate against a person who is a member of the
club on the ground of the member’s sex, marital status, pregnancy or
breast feeding —
(a) in
the terms or conditions of membership that are afforded to the member; or
(b) by
refusing or failing to accept the member’s application for a particular
class or type of membership; or
(c) by
denying the member access, or limiting the member’s access, to any
benefit provided by the club; or
(d) by
depriving the member of membership or varying the terms of membership; or
(e) by
subjecting the member to any other detriment.
(3) Nothing in
subsection (1) or (2) renders it unlawful to discriminate against a person on
the ground of the person’s sex if membership of the club is available to
persons of the opposite sex only.
(4) Nothing in
subsection (1), other than paragraph (a), or subsection (2) renders it
unlawful to discriminate against a person on the ground of the person’s
sex if the discrimination occurs in relation to the use or enjoyment of any
benefit provided by the club where —
(a) it
is not practicable for the benefit to be used or enjoyed —
(i)
simultaneously; or
(ii)
to the same extent,
by both men and women;
and
(b)
either —
(i)
the same, or an equivalent, benefit is provided for the
use of men and women separately from each other; or
(ii)
men and women are each entitled to a fair and reasonable
proportion of the use and enjoyment of the benefit.
(5) In determining any
matter relating to the application of subsection (4), regard shall be had to
—
(a) the
purposes for which the club is established; and
(b) the
membership of the club, including any class or type of membership; and
(c) the
nature of the benefits provided by the club; and
(d) the
opportunities for the use and enjoyment of those benefits by men and women;
and
(e) any
other relevant circumstances.
[Section 22 amended: No. 2 of 2010 s. 18.]