Western Australian Current Acts

EQUAL OPPORTUNITY ACT 1984 - SECT 66M

66M .         Clubs and incorporated associations

        (1)         It is unlawful for a club or incorporated association, committee of management of a club or incorporated association or a member of the committee of management of a club or incorporated association to discriminate against a person who is not a member of the club or incorporated association on the ground of the person’s impairment —

            (a)         by refusing or failing to accept the person’s application for membership; or

            (b)         in the terms or conditions on which the club or incorporated association is prepared to admit the person to membership.

        (2)         It is unlawful for a club or incorporated association, the committee of management of a club or incorporated association or a member of the committee of management of a club or incorporated association to discriminate against a person who is a member of the club or incorporated association on the ground of the member’s impairment —

            (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 incorporated association; 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) applies to or in respect of a club or incorporated association that has as its principal object the provision of benefits for persons who have a particular impairment.

        (4)         In determining whether the principal object of a club or incorporated association is as referred to in subsection (3), regard shall be had to —

            (a)         the essential character of the club or incorporated association; and

            (b)         the extent to which the affairs of the club or incorporated association are so conducted that the persons primarily enjoying the benefits of membership do have the particular impairment; and

            (c)         any other relevant circumstance.

        (5)         This section does not apply to discrimination of the kind referred to in subsection (2)(c) where in consequence of the person’s impairment the person requires the benefit to be provided in a special manner and the benefit cannot without unjustifiable hardship be so provided by the club or incorporated association.

        [Section 66M inserted: No. 40 of 1988 s. 8.]