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This is a Bill, not an Act. For current law, see the Acts databases.
DISCRIMINATION AMENDMENT BILL 2002 (NO 2)
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Discrimination
Amendment Bill 2002 (No 2)
A Bill for
An Act to amend the
Discrimination Act
1991
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Discrimination Amendment Act 2002 (No 2).
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Discrimination Act 1991.
4 Interpretation
for ActSection 4 (1), definition of de
facto spouse
omit
5 Section
4 (1), new definitions
insert
domestic partner, of a person, means a person who lives with
the person in a domestic partnership, and includes a spouse.
domestic partnership means the relationship between 2 people,
whether of a different or the same sex, living together as a couple on a genuine
domestic basis.
6 Section
4 (1), definition of impairment
substitute
impairment—see section 5AA (Meaning of
impairment).
7 Section
4 (1), definitions of marital status and near
relative
omit
8 Section
4 (1), new definition of relationship status
insert
relationship status means the status or condition of
being—
(a) single; or
(b) married; or
(c) married but living separately and apart from one’s spouse;
or
(d) divorced; or
(e) widowed; or
(f) the domestic partner (other than the spouse) of someone
else.
9 Section
4 (1), definition of relative
substitute
relative, of a person, means—
(a) a person who is related to the person by blood, marriage, affinity or
adoption; or
(b) a domestic partner of the person or of a person mentioned in paragraph
(a).
after section 5, insert
5AA Meaning of impairment
(1) In this Act:
impairment means—
(a) total or partial loss of a bodily function; or
(b) total or partial loss of a part of the body; or
(c) malfunction of a part of the body; or
(d) malformation or disfigurement of a part of the body; or
(e) the presence in the body of organisms that cause or are capable of
causing disease; or
(f) an illness or condition which impairs a person’s thought
processes, perception of reality, emotions or judgment or which results in
disturbed behaviour; or
(g) an intellectual disability or developmental delay.
(2) Except in section 49 (Work related discrimination) and section 50
(Discrimination by qualifying bodies etc), impairment includes an
impairment—
(a) that the person has, or is thought to have (whether or not the person
in fact has the impairment); or
(b) that the person had in the past, or is thought to have had in the past
(whether or not the person in fact had the impairment); or
(c) that the person will have in the future, or is thought will have in
the future (whether or not the person in fact will have the
impairment).
11 GroundsSection
7 (1) (d)
substitute
(d) relationship status;
renumber paragraphs when Act next republished under Legislation Act
2001
13 Domestic
accommodation etcSection
26
omit
Nothing in section 21 renders
substitute
(1) Section 21 does not make
insert
(2) In this section:
near relative, of a person, means—
(a) a parent, child, grandparent, grandchild, brother or sister of the
person; or
(b) a domestic partner of the person or of a person mentioned in paragraph
(a).
substitute
Division 4.2 Exceptions about sex,
relationship status, pregnancy or breastfeeding
substitute
35 Employment of couple
Part 3 does not make unlawful discrimination against a person on the
grounds of relationship status in relation to a job that is
1 of 2 jobs to be held by a couple in a domestic
partnership.
17 Accommodation
provided for employees, contract workers or
studentsSection 39 (1)
omit everything before paragraph (a), substitute
(1) Part 3, in its application in relation to discrimination on the ground
of sex, relationship status, pregnancy or breastfeeding, does not make it
unlawful for an employer or principal who provides accommodation to employees or
contract workers to provide accommodation of different standards to different
employees or contract workers if—
18 Work
related discriminationSection 49
(1)
substitute
(1) Section 10 (1) (b) or (2) (c), section 12 (1) (b) or (2) (c),
section 13 (b) or section 14 (1) (a), (2) (a) or (3) (b) do not make
unlawful discrimination by a person (the first person) against
someone else (the second person) on the ground of impairment if
the first person believes on reasonable grounds that, because of an
impairment—
(a) the second person is, or would be, unable to carry out work that is
essential to the position concerned; or
(b) the second person requires, or would require, to carry out the work,
services or facilities that would not be required by a person who does not have
the impairment and providing the services or facilities would impose
unjustifiable hardship on the first person.
insert
(3) In this section:
impairment, of a person, includes an impairment
that the person has.
Note Impairment is defined for the Act in s 5AA
(1).
20 Discrimination
by qualifying bodies etcSection
50
omit
Nothing in section 16 renders
substitute
(1) Section 16 does not make
insert
(2) In this section:
impairment, of a person, includes an impairment
that the person has.
Note Impairment is defined for the Act in s 5AA
(1).
substitute
85 Conciliated agreements
(1) If a complaint has been resolved by conciliation, the commissioner
must help the parties make a written record (the agreement) of the
agreement they have reached.
(2) Each party must sign the agreement.
(3) The commissioner must—
(a) give each party a copy of the agreement; and
(b) tell the parties that the commissioner will not take any further
action about the complaint to which the agreement relates; and
(c) give the agreement to the tribunal.
(4) The agreement is enforceable as if it were an order of the
tribunal.
Endnote
Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2002
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