Western Australian Current Acts

EQUAL OPPORTUNITY ACT 1984 - SECT 36

36 .         Racial discrimination

        (1)         For the purposes of this Act, a person (in this subsection referred to as the discriminator ) discriminates against another person (in this subsection referred to as the aggrieved person ) on the ground of race if, on the ground of —

            (a)         the race of the aggrieved person; or

            (b)         a characteristic that appertains generally to persons of the race of the aggrieved person; or

            (c)         a characteristic that is generally imputed to persons of the race of the aggrieved person,

                the discriminator —

            (d)         treats the aggrieved person less favourably than in the same circumstances, or in circumstances that are not materially different, the discriminator treats or would treat a person of a different race; or

            (e)         segregates the aggrieved person from persons of a different race.

        (1a)         For the purposes of this Act, a person (in this subsection referred to as the discriminator ) discriminates against another person (in this subsection referred to as the aggrieved person ) on the ground of race if, on the ground of —

            (a)         the race of; or

            (b)         a characteristic that appertains generally to persons of the same race as; or

            (c)         a characteristic that is generally imputed to persons of the same race as,

                any relative or associate of the aggrieved person, the discriminator —

            (d)         treats the aggrieved person less favourably than in the same circumstances, or in circumstances that are not materially different, the discriminator treats or would treat persons; or

            (e)         segregates the aggrieved person from persons,

                who are not of that race.

        (2)         For the purposes of this Act, a person (in this subsection referred to as the discriminator ) discriminates against another person (in this subsection referred to as the aggrieved person ) on the ground of race if the discriminator requires the aggrieved person to comply with a requirement or condition —

            (a)         with which a substantially higher proportion of persons not of the same race as the aggrieved person comply or are able to comply; and

            (b)         which is not reasonable having regard to the circumstances of the case; and

            (c)         with which the aggrieved person does not or is not able to comply.

        [Section 36 amended: No. 74 of 1992 s. 12.]