Australian Capital Territory
Discrimination Act 1991 
A1991-81
Republication No 5 (RI)
Effective:  15 June 2000 – 27 March 2001
Republication date of printed version: 15 June 2000
Reissued electronically: 26 June 2008
Last amendment made by A2000-17
(republication for amendments by A1999-64
and A2000-17)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Discrimination Act 1991 effective from 15 June 2000 to 27 March 2001.  
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation (Republication) Act 1996, part 3, division 2 authorised the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation (Republication) Act 1996, s 14 and s 16).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  

Australian Capital Territory

Discrimination Act 1991
CONTENTS
	
PART 1—PRELIMINARY
	1	Short title	
	2	Commencement	
	3	Objects	
	4	Interpretation	
	5	Complainants and respondents	
	6	MLAs as employers	
part 2—discrimination to which act applies
	7	Grounds	
	8	What constitutes discrimination	
	9	Impairment—guide-dogs etc	
PART 3—UNLAWFUL DISCRIMINATION
Division 1—Discrimination in work
	10	Applicants and employees	
	11	Employees—religious practice	
	12	Commission agents	
	13	Contract workers	
	14	Partnerships	
	15	Professional or trade organisations	
	16	Qualifying bodies	
	17	Employment agencies	
Division 2—Discrimination in other areas
	18	Education	
	19	Access to premises	
	20	Goods, services and facilities	
	21	Accommodation	
	22	Clubs	
	23	Requests etc for information	
PART 4—EXCEPTIONS TO UNLAWFUL DISCRIMINATION
Division 1—General exceptions
	24	Domestic duties	
	25	Residential care of children	
	25A 	Adoption	
	26	Domestic accommodation etc	
	26A	Preselection by employment agencies	
	27	Measures intended to achieve equality	
	28	Insurance	
	29	Superannuation	
	30	Acts done under statutory authority etc	
	31	Voluntary bodies	
	32	Religious bodies	
	33	Educational institutions conducted for religious purposes	
Division 2—Exceptions relating to sex, marital status,  
pregnancy or breastfeeding
	34	Genuine occupational qualifications	
	35	Employment of couple	
	36	Educational institutions for members of one sex	
	37	Pregnancy, childbirth or breastfeeding	
	38	Services for members of one sex	
	39	Accommodation provided for employees, contract workers 
or students	
	40	Clubs for members of one sex etc	
	41	Sport	
Division 3—Exceptions relating to race
	42	Genuine occupational qualifications	
	43	Clubs for members of one race etc	
Division 4—Exceptions relating to religious or 
political convictions
	44	Religious workers	
	45	Political workers etc	
	46	Religious educational institutions	
Division 5—Exceptions relating to impairment
	47	Unjustifiable hardship	
	48	Genuine occupational qualifications	
	49	Work related discrimination	
	50	Discrimination by qualifying bodies etc	
	51	Discrimination by educational institutions	
	52	Discrimination concerning access to premises	
	53	Discrimination in the provision of goods and services	
	54	Discrimination concerning accommodation	
	55	Discrimination by clubs	
	56	Public health	
	57	Sport	
Division 6—Exceptions relating to age
	57A	Genuine occupational qualifications	
	57B	Youth wages	
	57C	Employment and work—health and safety	
	57E	Education—minimum-age admissions	
	57G	Legal capacity	
	57H	Benefits and concessions	
	57J	Goods, services and facilities—health and safety	
	57K	Recreational tours and accommodation	
	57L	Clubs	
	57M	Sport	
Division 7—Exceptions relating to profession, trade,
 occupation or calling
	57N	Discrimination in profession, trade, occupation or calling	
PART 5—SEXUAL HARASSMENT
	58	Meaning of sexual harassment	
	59	Employment etc	
	60	Educational institutions	
	61	Access to premises	
	62	Provision of goods, services and facilities	
	63	Accommodation	
	64	Clubs	
Part 6—Racial Vilification
	65	Meaning of public act	
	66	Racial vilification—unlawful	
	67	Serious racial vilification—offence	
PART 7—OTHER UNLAWFUL ACTS
	68	Victimisation	
	69	Unlawful advertising	
PART 8—COMPLAINTS
Division 1—Preliminary
	70	Meaning of party	
	71	Reliance on exceptions and exemptions	
Division 2—Making, investigation, conciliation and 
referral of complaints
	72	Complaints about unlawful acts	
	73	Investigation	
	74	Notice of investigation	
	75	Conduct of investigations	
	76	Stale complaints	
	77	Single investigation of several complaints	
	78	Representative complaints	
	79	Ordinary complaints not precluded by representative complaints	
	80	Investigation without complaint	
	81	Declining complaints	
	82	Compulsory conferences	
	83	Conciliation	
	84	Conduct of conciliation	
	85	Conciliated agreements	
	86	Conciliation unlikely	
	87	Referral of complaint	
	88	Dismissal of complaint	
	89	Application to strike out complaint	
	90	Withdrawal of complaint	
Division 3—Hearings before discrimination tribunal
	91	Hearings	
	92	Procedure	
	93	Sittings	
	94	Appearances	
	95	Representation	
	96	Witnesses	
	96A	Appearance by audiovisual or audio links	
	97	Taking evidence	
	98	Refusing to take oath or make affirmation	
Division 4—Granting of relief by discrimination tribunal
	99	Interim orders—complaint before commissioner	
	100	Interim orders—complaint before tribunal	
	101	Remittal of complaint	
	102	Decisions following hearing	
Division 5—Enforcement of orders and decisions of 
discrimination tribunal
	103	Failure to comply	
	104	Powers of enforcement	
Division 6—Other powers of commissioner and tribunal
	105	Effect of Division	
	106	Joining parties	
	107	Requiring answer or document	
	108	Prohibiting or controlling publication	
	108A	Review of directions by commissioner	
	108B	Prohibited publications	
	108C	Obtaining information and documents	
Division 7—Miscellaneous
	108D	Appeal from decisions of tribunal	
	108E	Selfincrimination etc	
	108F	Unlawful act not an offence	
	108G	Unlawful act no basis for civil action	
	108H	Aiding etc unlawful acts	
	108I	Conduct of directors, servants and agents	
	108J	Protection from civil proceedings	
	108K	Expenses of witnesses etc	
	108L	Failure to attend before commissioner or tribunal	
	108M	Failure to furnish information etc	
	108N	Obstructing commissioner, tribunal etc	
	108O	False information	
PART 9—EXEMPTIONS
	109	Grant of exemptions	
	110	Review of decisions	
Part 9A—discrimination tribunal
Division 1—Establishment, functions and powers
	110A	Establishment	
	110B	Functions and powers	
Division 2—Tribunal members
	110C	Membership of tribunal	
	110D	Eligibility for appointment	
	110E	Terms of appointment generally	
	110F	Matters to be included in instrument of appointment etc	
	110G	Duration of appointment	
Division 3—Registrar and deputy registrars
	110H	Registrar and deputy registrars	
Division 4—Other provisions
	110I	Constitution of tribunal	
	110J	Role of president	
PART 10—DISCRIMINATION COMMISSIONER
	111	Functions	
	112	Appointment	
	114	Resignation	
	115	Termination of appointment	
	116	Terms and conditions generally	
	117	Acting commissioner	
	118	Staff	
	119	Authorisation by commissioner	
	120	Delegation	
PART 11—MISCELLANEOUS
	121	Immunity from suit	
	122	Secrecy	
	124	Intergovernmental arrangements	
	125	Exercise of functions under intergovernmental arrangement	
	126	Relationship to other laws	
	127	Regulation-making power	
	128	Transitional provisions about tribunal members	
	ENDNOTES
	1	About this republication	
	2	Abbreviation key	
	3	Table of legislation	
	4	Table of amendments	
	5	Table of earlier republications	
	6	Penalties in this republication	

As in force on
15 June 2000

Australian Capital Territory

Discrimination Act 1991
An Act to render certain kinds of discrimination unlawful and to provide for related matters
PART 1—PRELIMINARY
1 	Short title
	This Act may be cited as the Discrimination Act 1991.
2 	Commencement
(1) 	Section 1 and this section commence on the day on which this Act is notified in the Gazette.
(2) 	The remaining provisions of this Act commence on a day, or on respective days, fixed by the Minister by notice in the Gazette.
(3) 	If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.
3 	Objects
	The objects of this Act are—
	(a)	to eliminate, so far as possible, discrimination to which this Act applies in the areas of work, education, access to premises, the provision of goods, services, facilities and accommodation and the activities of clubs; and
	(b)	to eliminate, so far as possible, sexual harassment in those areas; and
	(c)	to promote recognition and acceptance within the community of the equality of men and women; and
	(d)	to promote recognition and acceptance within the community of the principle of equality of opportunity for all persons.
4 	Interpretation
(1) 	In this Act:
Note	A definition applies except so far as the contrary intention appears (see Interpretation Act 1967, s 11G).
accommodation includes residential and business accommodation.
carer means a person on whom another person is wholly or substantially dependent for ongoing care and attention.
club means a club that holds a club licence under the Liquor Act 1975.
commission agent means a person who does work for another person as the agent of that other person and who is remunerated (whether wholly or partially) by commission.
commissioner means the Discrimination Commissioner appointed under section 112.
committee of management, in relation to a club or organisation, means the group or body of persons (however described) that manages the affairs of the club or organisation.
Commonwealth commission means the Human Rights and Equal Opportunity Commission established by the Human Rights and Equal Opportunity Commission Act 1986 (Cwlth).
complaint means a complaint made in accordance with section 70.
compulsory conference means a conference convened under section 82.
contract worker means a person who does work for another person pursuant to a contract between the employer of the firstmentioned person and that other person.
de facto spouse, in relation to a person, means a person of the opposite sex to the firstmentioned person who lives with the firstmentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person.
deputy president means a deputy president of the tribunal.
discriminate—see section 8.
educational authority means a body or person administering an educational institution.
educational institution means a school, college, university or other institution at which education or training is provided.
employer, in relation to an unpaid worker, means the person for whom the unpaid worker performs work.
employment includes—
	(a)	work under a contract for services; and
	(b)	work as a Territory employee; and
	(c)	work as an unpaid worker.
employment agency means any person who or body that (whether for payment or not) assists persons to find employment or other work or assists employers to find employees or workers.
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.
investigation means an investigation under Division 2 of Part 8.
man means a member of the male sex irrespective of age.
marital 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 de facto spouse of another person.
member, of the tribunal, means the president or a deputy president. 
near relative, in relation to a person, means—
	(a)	a parent, child, grandparent, grandchild, brother or sister of the person; or
	(b)	a spouse or de facto spouse of the person or of a person referred to in paragraph (a).
premises includes—
	(a)	a structure, building, aircraft, vehicle or vessel; and
	(b)	a place (whether enclosed or built on or not); and
	(c)	a part of premises (including premises of a kind referred to in paragraph (a) or (b)).
president means the president of the tribunal.
principal means—
	(a)	in relation to a commission agent—a person for whom the commission agent does work as a commission agent; and
	(b)	in relation to a contract worker—a person for whom the contract worker does work pursuant to a contract between the employer of the contract worker and the person.
race includes—
	(a)	colour, descent, ethnic and national origin and nationality; and
	(b)	any 2 or more distinct races which are collectively referred to or known as a race.
relative, in relation to a person, means—
	(a)	a person who is related to the firstmentioned person by blood, marriage, affinity or adoption; or
	(b)	a de facto spouse of the person or of a person referred to in paragraph (a).
relevant class of persons means a class of persons the members of which are identified by reference to an attribute referred to in section 7.
representative complaint means a complaint that is dealt with by the commissioner, in accordance with section 78, as a representative complaint.
services includes—
	(a)	services relating to banking, insurance or the provision of grants, loans, credit or finance; and
	(b)	services relating to entertainment, recreation or refreshment; and
	(c)	services relating to transport or travel; and
	(d)	services of any profession, trade or business; and
	(e)	services provided by a government, a government authority, a local government body or a company or other body corporate in which a government has a controlling interest; and
	(f)	the provision of scholarships, prizes or awards.
sexuality means heterosexuality, homosexuality (including lesbianism) or bisexuality.
staff, in relation to the commissioner, means the staff referred to in section 118.
Territory employee means a person who is—
	(a)	a public servant; or
	(b)	employed by a Territory authority;
transsexual means a person of one sex who—
	(a)	assumes the bodily characteristics of the other sex, whether by means of medical intervention or otherwise; or
	(b)	identifies himself or herself as a member of the other sex or lives, or seeks to live, as a member of that other sex.
tribunal means the Discrimination Tribunal established by section 110A.
unpaid worker means a person who performs work for an employer for no remuneration.
voluntary body means an association or other body (whether incorporated or unincorporated) the activities of which are not engaged in for the purpose of making a profit, but does not include—
	(a)	a club; or
	(b)	a body established by a law of the Territory, the Commonwealth, a State or another Territory; or
	(c)	an association that provides grants, loans, credit or finance to its members.
woman means a member of the female sex irrespective of age.
(2) 	A reference in this Act to the doing of an act shall be read as including a reference to a refusal or failure to do an act.
(3) 	A reference in this Act to the doing of an act by reason of a particular matter shall be read as including a reference to the doing of such an act by reason of 2 or more matters that include the particular matter, whether or not the particular matter is the dominant or substantial reason for the doing of the act.
5 	Complainants and respondents
(1) 	Unless the contrary intention appears, a reference in this Act to a complainant shall—
	(a)	in relation to a complaint lodged by an agent—be read as a reference to the person or each person on whose behalf the complaint is lodged; and
	(b)	in relation to an investigation in respect of which there is more than 1 complainant—be read as a reference to each complainant.
(2) 	Unless the contrary intention appears, a reference in this Act to a respondent shall—
	(a)	in relation to a complaint—be read as a reference to the person who is alleged to have done the act or acts to which the complaint relates; and
	(b)	in relation to the investigation of a complaint in respect of which there is more than 1 respondent—be read as a reference to each respondent; and 
	(c)	in relation to an investigation initiated by the commissioner—be read as a reference to each person whose actions are the subject of the investigation.
6 	MLAs as employers
	For the purposes of this Act, a member of the Legislative Assembly (whether in his or her capacity as an office-holder within the meaning of the Legislative Assembly (Members’ Staff) Act 1989 or otherwise) shall be taken to be an employer in relation to a person who is, or who is seeking to be, employed, under section 5 or 10 of that Act, as a member of the staff of the member.
part 2—discrimination to which act applies
7 	Grounds
(1) 	This Act applies to discrimination on the ground of any of the following attributes:
	(a)	sex;
	(b)	sexuality;
	(c)	transsexuality;
	(d)	marital status;
	(e)	status as a parent or carer;
	(f)	pregnancy;
	(fa)	breastfeeding;
	(g)	race;
	(h)	religious or political conviction;
	(i)	impairment;
	(ia)	membership or nonmembership of an association or organisation of employers or employees;
	(ib)	age;
	(ic)	profession, trade, occupation or calling;
	(j)	association (whether as a relative or otherwise) with a person identified by reference to an attribute referred to in another paragraph of this subsection.
(2) 	A reference in this Act to an attribute that is referred to in subsection (1) shall be read as including a reference to—
	(a)	a characteristic that persons with that attribute generally have; and
	(b)	a characteristic that persons with that attribute are generally presumed to have; and
	(c)	such an attribute that a person is presumed to have; and
	(d)	such an attribute that the person had in the past but no longer has.
8 	What constitutes discrimination
(1) 	For the purposes of this Act, a person discriminates against another person if—
	(a)	the person treats or proposes to treat the other person unfavourably because the other person has an attribute referred to in section 7; or
	(b)	the person imposes or proposes to impose a condition or requirement that has, or is likely to have, the effect of disadvantaging persons because they have an attribute referred to in section 7.
(2) 	Paragraph (1) (b) does not apply to a condition or requirement that is reasonable in the circumstances.
(3) 	In determining whether a condition or requirement is reasonable in the circumstances, the matters to be taken into account include—
	(a)	the nature and extent of the resultant disadvantage; and
	(b)	the feasibility of overcoming or mitigating the disadvantage; and
	(c)	whether the disadvantage is disproportionate to the result sought by the person who imposes or proposes to impose the condition or requirement.
9 	Impairment—guide-dogs etc
(1) 	For the purposes of this Act, a person discriminates against another person on the ground of impairment if the discriminator treats the other person unfavourably because that person possesses or is accompanied by a guide-dog, a hearing dog, assistance animal or some other aid associated with the impairment, whether or not it is the discriminator’s practice to treat unfavourably persons who possess or are accompanied by dogs, assistance animals or other things.
(2) 	Nothing in this section shall be taken to limit the operation of section 8 in relation to discrimination on the ground of impairment.
(3) 	Nothing in this Act shall be taken to affect the liability of a person who is blind or deaf or has any other impairment for any injury, loss or damage caused by a guide-dog, hearing dog, assistance animal or other aid.
(4) 	In this section:
assistance animal means an animal trained to assist a person to alleviate the effect of a disability.
blind includes partially blind.
deaf includes partially deaf.
guide-dog means a dog that has been trained in the guidance of the blind and is, or is to be, used for the guidance of a blind person.
hearing dog means a dog that has been trained in the assistance of the deaf and is, or is to be, used for the assistance of a deaf person.
PART 3—UNLAWFUL DISCRIMINATION
Division 1—Discrimination in work
10 	Applicants and employees
(1) 	It is unlawful for an employer to discriminate against a person—
	(a)	in the arrangements made for the purpose of determining who should be offered employment; or
	(b)	in determining who should be offered employment; or
	(c)	in the terms or conditions on which employment is offered.
(2) 	It is unlawful for an employer to discriminate against an employee—
	(a)	in the terms or conditions of employment that the employer affords the employee; or
	(b)	by denying the employee access, or limiting the employee’s access, to opportunities for promotion, transfer or training or to any other benefit associated with employment; or
	(c)	by dismissing the employee; or
	(d)	by subjecting the employee to any other detriment.
11 	Employees—religious practice
	It is unlawful for an employer to discriminate against an employee on the ground of religious conviction by refusing the employee permission to carry out a religious practice during working hours, being a practice—
	(a)	of a kind recognised as necessary or desirable by persons of the same religious conviction as that of the employee; and
	(b)	the performance of which during working hours is reasonable having regard to the circumstances of the employment;  and
	(c)	that does not subject the employer to unreasonable detriment.
12 	Commission agents
(1) 	It is unlawful for a principal to discriminate against a person—
	(a)	in the arrangements made for the purpose of determining who should be engaged as a commission agent; or
	(b)	in determining who should be engaged as a commission agent; or
	(c)	in the terms or conditions on which engagement as a commission agent is offered.
(2) 	It is unlawful for a principal to discriminate against a commission agent—
	(a)	in the terms or conditions that the principal affords the agent; or
	(b)	by denying the agent access, or limiting the agent’s access, to opportunities for promotion, transfer or training or to any other benefit associated with the position as an agent; or
	(c)	by terminating the engagement; or
	(d)	by subjecting the agent to any other detriment.
13 	Contract workers
	It is unlawful for a principal to discriminate against a contract worker—
	(a)	in the terms or conditions on which the principal allows the contract worker to work; or
	(b)	by not allowing the contract worker to work or continue to work; or
	(c)	by denying the contract worker access, or limiting the contract worker’s access, to any benefit associated with the relevant work; or
	(d)	by subjecting the contract worker to any other detriment.
14 	Partnerships
(1) 	It is unlawful for any persons who are proposing to form themselves into a partnership to discriminate against a person—
	(a)	in determining who should be invited to become a partner in the partnership; or
	(b)	in the terms or conditions on which the person is invited to become a partner in the partnership.
(2) 	It is unlawful for a partner in a partnership to discriminate against a person—
	(a)	in determining who should be invited to become a partner in the partnership; or
	(b)	in the terms or conditions on which the person is invited to become a partner in the partnership.
(3) 	It is unlawful for a partner in a partnership to discriminate against another partner in the partnership—
	(a)	by denying the partner access, or limiting the partner’s access, to any benefit arising from being a partner in the partnership; or
	(b)	by expelling the partner from the partnership; or
	(c)	by subjecting the partner to any other detriment.
15 	Professional or trade organisations
(1) 	In this section:
organisation means an association or organisation of employers or employees.
(2) 	It is unlawful for an organisation, the committee of management of an organisation or a member of the committee of management of an organisation to discriminate against a person who is not a member of the organisation—
	(a)	by refusing or failing to accept the person’s application for membership; or
	(b)	in the terms or conditions on which the organisation is prepared to admit the person to membership.
(3) 	It is unlawful for an organisation, the committee of management of an organisation or a member of the committee of management of an organisation to discriminate against a member of the organisation—
	(a)	by denying the member access, or limiting the member’s access, to any benefit provided by the organisation; or
	(b)	by depriving the member of membership or varying the terms of membership; or
	(c)	by subjecting the member to any other detriment.
16 	Qualifying bodies
	It is unlawful for an authority or body that is empowered to confer, renew, extend, revoke or withdraw an authorisation or qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to discriminate against a person—
	(a)	by refusing or failing to confer, renew or extend the authorisation or qualification; or
	(b)	in the terms or conditions on which it is prepared to confer, renew or extend the authorisation or qualification; or
	(c)	by revoking or withdrawing the authorisation or qualification or varying the terms or conditions on which it is held; or
	(d)	by subjecting the person to any other detriment.
17 	Employment agencies
	It is unlawful for an employment agency to discriminate against a person—
	(a)	by refusing to provide the person with any of its services; or
	(b)	in the terms or conditions on which it offers to provide the person with any of its services; or
	(c)	in the manner in which it provides the person with any of its services; or
	(d)	by subjecting the person to any other detriment.
Division 2—Discrimination in other areas
18 	Education
(1) 	It is unlawful for an educational authority to discriminate against a person—
	(a)	by refusing or failing to accept the person’s application for admission as a student; or
	(b)	in the terms or conditions on which it is prepared to admit the person as a student.
(2) 	It is unlawful for an educational authority to discriminate against a student—
	(a)	by denying the student access, or limiting the student’s access, to any benefit provided by the authority; or
	(b)	by expelling the student; or
	(c)	by subjecting the student to any other detriment.
19 	Access to premises
	It is unlawful for a person to discriminate against another person—
	(a)	by refusing to allow the other person access to, or the use of, any premises that the public or a section of the public is entitled or allowed to enter or use (whether for payment or not); or
	(b)	in the terms or conditions on which the discriminator is prepared to allow the other person access to, or the use of, any such premises; or
	(c)	in relation to the provision of means of access to such premises; or
	(d)	by refusing to allow the other person the use of any facilities in such premises that the public or a section of the public is entitled or allowed to use (whether for payment or not); or
	(e)	in the terms or conditions on which the discriminator is prepared to allow the other person the use of any such facilities; or
	(f)	by requiring the other person to leave such premises or cease to use such facilities.
20 	Goods, services and facilities
	It is unlawful for a person who (whether for payment or not) provides goods or services, or makes facilities available, to discriminate against another person—
	(a)	by refusing to provide those goods or services or make those facilities available to the other person; or
	(b)	in the terms or conditions on which the firstmentioned person provides those goods or services or makes those facilities available to the other person; or
	(c)	in the manner in which the firstmentioned person provides those goods or services or makes those facilities available to the other person.
21 	Accommodation
(1) 	It is unlawful for a person (whether as principal or agent) to discriminate against another person—
	(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—
	(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.
22 	Clubs
(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—
	(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 member of the club—
	(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.
23 	Requests etc for information
	It is unlawful for a person to discriminate against another person by requesting or requiring information (whether by way of completing a form or otherwise) in connection with, or for the purpose of performing, an act that is or would be unlawful under any other provision of this Part or under Part 5, 6 or 7.

PART 4—EXCEPTIONS TO UNLAWFUL DISCRIMINATION
Division 1—General exceptions
24 	Domestic duties
	Nothing in paragraph 10 (1) (a) or (b) or 13 (b) renders it unlawful for a person to discriminate against another person in connection with a position as an employee or contract worker where the duties of the position involve the performance of domestic duties on the premises on which the firstmentioned person resides.
25 	Residential care of children
	Nothing in paragraph 10 (1) (a) or (b) or 13 (b) renders it unlawful for a person to discriminate against another person in connection with a position as an employee or contract worker, where the duties of the position involve the care of a child in the place where the child resides.
25A  	Adoption
	Nothing in this Act prevents the chief executive responsible for administering the Adoption Act 1993 from discriminating against a person in making a decision—
	(a)	under paragraph 16 (1) (a) of the Adoption Act 1993 in relation to the inclusion of the person’s name in the register of persons seeking the placement of a child for the purposes of adoption; or
	(b)	under paragraph 16 (1) (b) of the Adoption Act 1993 in relation to  the placement of a child in the custody of that person; or
	(c)	under subsection 17 (4) of the Adoption Act 1993 confirming or varying a decision under paragraph 16 (1) (a) of that Act.
26 	Domestic accommodation etc
	Nothing in section 21 renders unlawful discrimination in relation to—
	(a)	the provision of accommodation 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 6 persons other than the person referred to in subparagraph (i) or near relatives of such a person; or
	(b)	the provision of accommodation by a religious body for members of a relevant class of persons; or
	(c)	the provision of accommodation by a charitable or voluntary body for members of a relevant class of persons.
26A 	Preselection by employment agencies
	Nothing in Part 3 or 4 renders unlawful discrimination by an employment agency in the selection of persons as suitable for a job vacancy if, had the proposed employer so discriminated against the person, that discrimination would not have been unlawful.
27 	Measures intended to achieve equality
(1)	Nothing in Part 3 renders it unlawful to do an act a purpose of which is—
	(a)	to ensure that members of a relevant class of persons have equal opportunities with other persons; or
	(b)	to afford members of a relevant class of persons access to facilities, services or opportunities to meet their special needs.
(2) 	However, subsection (1) does not make it lawful to do an act for a purpose mentioned in that subsection if the act discriminates against a member of the relevant class in a way that is irrelevant to the achievement of that purpose.
28 	Insurance
	Nothing in Part 3 renders it unlawful for a person to discriminate against another person with respect to the terms on which an annuity or a policy of insurance is offered to, or may be obtained by, the other person, if the discrimination is reasonable in the circumstances, having regard to any actuarial or statistical data on which it is reasonable for the firstmentioned person to rely.
29 	Superannuation
(1) 	Nothing in Part 3 renders it unlawful for a person to discriminate against another person in the terms or conditions relating to a superannuation or provident fund or scheme.
(2) 	In the case of discrimination on the ground of age, subsection (1) only applies where—
	(a)	the discrimination is due to the application of a standard in force under the Superannuation (Self Managed Superannuation Funds) Taxation Act 1987 (Cwlth); or
	(b)	the discrimination is for the purpose of—
	(i)	complying with; or
	(ii)	avoiding a penalty under; or
	(iii)	obtaining a benefit under;
any other Act of the Commonwealth; or
	(c)	the discrimination is—
	(i)	based on actuarial or statistical data on which it is reasonable to rely; and
	(ii)	reasonable having regard to the data and any other relevant factors; or
	(d)	if there are no actuarial or statistical data on which it is reasonable to rely—the discrimination is—
	(i)	based on other data on which it is reasonable to rely; and 
	(ii)	reasonable having regard to that data and any other relevant factors; or
	(e)	if there are no data at all on which it is reasonable to rely—the discrimination is reasonable having regard to any other relevant factors.
(3) 	Subsection (2) applies in relation to a new superannuation fund condition irrespective of—
	(a)	whether the fund was in existence immediately before the commencement date; and
	(b)	when the person to whom the discrimination relates became a member of the fund.
(4) 	Subsection (2) does not apply in relation to an existing superannuation fund condition where the person to whom the discrimination relates became a member of the fund before, or not later than 12 months after, the commencement date.
(5) 	In this section:
commencement date means the date of commencement of the Discrimination (Amendment) Act 1994.
existing superannuation fund condition means a superannuation fund condition in existence immediately before the commencement date.
new superannuation fund condition means—
	(a)	a superannuation fund condition that came into existence on or after the commencement date; or
	(b)	an alteration made on or after the commencement date to an existing superannuation fund condition.
30 	Acts done under statutory authority etc
(1) 	Nothing in this Act renders unlawful anything done necessarily for the purpose of complying with a requirement of—
	(a)	a law of the Territory; or
	(b)	a determination or direction made under a law of the Territory; or
	(c)	an order of a court; or
	(d)	an order made by the tribunal under Division 4 of Part 8.
(2) 	Paragraphs (1) (a) and (b) cease to have effect on a day (not earlier than 2 years after the commencement of this section) fixed by the Minister by notice in the Gazette.
31 	Voluntary bodies
	Nothing in Part 3 renders it unlawful for a voluntary body to discriminate against a person in connection with—
	(a)	the admission of persons as members of the body; or
	(b)	the provision of benefits, facilities or services to persons, whether those persons are members of the body or otherwise.
32 	Religious bodies
	Nothing in Part 3 applies in relation to—
	(a)	the ordination or appointment of priests, ministers of religion or members of any religious order; or
	(b)	the training or education of persons seeking ordination or appointment as priests, ministers of religion or members of a religious order; or
	(c)	the selection or appointment of persons to exercise functions for the purposes of, or in connection with, any religious observance or practice; or
	(d)	any other act or practice of a body established for religious purposes, being an act or practice that conforms to the doctrines, tenets or beliefs of that religion and is necessary to avoid injury to the religious susceptibilities of adherents of that religion.
33 	Educational institutions conducted for religious purposes
(1) 	Nothing in section 10 or 13 renders it unlawful for a person to discriminate against another person in connection with—
	(a)	employment as a member of the staff of an educational institution; or
	(b)	a position as a contract worker that involves the doing of work in an educational institution;
being an institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, if the firstmentioned person so discriminates in good faith in order to avoid injury to the religious susceptibilities of adherents of that religion or creed.
(2) 	Nothing in section 18 renders it unlawful for a person to discriminate against another person in connection with the provision of education or training by an educational institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, if the firstmentioned person so discriminates in good faith in order to avoid injury to the religious susceptibilities of adherents of that religion or creed.
Division 2—Exceptions relating to sex, marital status,
 pregnancy or breastfeeding
34 	Genuine occupational qualifications
(1) 	Nothing in paragraph 10 (1) (a) or (b), 12 (1) (a) or (b), 13 (b) or 14 (1) (a) or (2) (a) renders it unlawful for a person to discriminate against another person on the ground of sex in connection with a position as an employee, commission agent, contract worker or partner, being a position in relation to which it is a genuine occupational qualification to be a person of the opposite sex to the sex of the other person.
(2) 	Without limiting the generality of subsection (1), it is a genuine occupational qualification, in relation to a particular position, to be a person of a particular sex (the relevant sex) if—
	(a)	the duties of the position can be performed only by a person having particular physical attributes (other than attributes of strength or stamina) that are not possessed by persons not of the relevant sex; or
	(b)	the duties of the position involve performing in a dramatic performance or other entertainment in a role that, for reasons of authenticity, aesthetics or tradition is required to be performed by a person of the relevant sex; or
	(c)	the duties of the position involve participating as an artist’s or photographic model in the production of a work of art, visual image or sequence of visual images for which a person of the relevant sex is required for reasons of authenticity; or
	(d)	the duties of the position need to be performed by a person of the relevant sex to preserve decency or privacy because they involve the fitting of clothing for persons of that sex; or
	(e)	the duties of the position include the conduct of searches of the clothing or bodies of persons of the relevant sex; or
	(f)	the occupant of the position is required to enter a lavatory ordinarily used by persons of the relevant sex while the lavatory is in use by persons of that sex; or
(g)	the occupant of the position is required to live on premises provided by the employer or principal and—
	(i)	the premises are not equipped with separate sleeping accommodation or sanitary facilities for persons of each sex; and
	(ii)	the premises are already occupied by a person of the relevant sex and are not occupied by any person not of the relevant sex; and
	(iii)	it is not reasonable to expect the employer or principal to provide separate sleeping accommodation or sanitary facilities for persons of each sex; or
(h)	the occupant of the position is required to enter areas ordinarily used only by persons of the relevant sex while those persons are in a state of undress; or
(i)	the duties of the position involve providing persons of the relevant sex with services for the purpose of promoting their welfare where those services can most effectively be provided by a person of that sex; or
(j)	the position is declared by the regulations to be a position in relation to which it is a genuine occupational qualification to be a person of a particular sex.
35 	Employment of couple
	Nothing in Part 3 renders unlawful discrimination against a person on the grounds of marital status in relation to a job which is 1 of 2 to be held by a couple in a bona fide domestic relationship.
36 	Educational institutions for members of one sex
	Nothing in section 18 renders unlawful discrimination on the ground of sex in relation to a refusal or failure to accept a person’s application for admission as a student at an educational institution that is conducted solely for students of the opposite sex to that of the applicant.
37 	Pregnancy, childbirth or breastfeeding
	Nothing in Part 3 renders it unlawful for a person to discriminate against a man on the ground of sex by reason only of the fact that the firstmentioned person grants to a woman rights or privileges in connection with pregnancy, childbirth or breastfeeding.
38 	Services for members of one sex
	Nothing in Part 3 renders unlawful discrimination on the ground of sex in relation to the provision of services the nature of which is such that they can only be provided to members of one sex.
39 	Accommodation provided for employees, contract workers or students
(1) 	Nothing in Part 3, so far as it applies in relation to discrimination on the ground of sex, marital status pregnancy or breastfeeding, renders 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 where—
(a)	the standard of the accommodation provided is determined having regard to the number of persons in the household of the employee or contract worker; and
(b)	it is not reasonable to expect the employer or principal to provide accommodation of the same standard for all employees or contract workers.
(2)	Nothing in Part 3 renders unlawful discrimination on the ground of sex in relation to the provision of accommodation where the accommodation is provided solely for persons of one sex who are students at an educational institution.
40 	Clubs for members of one sex etc
(1) 	Nothing in section 22 renders it unlawful to discriminate against a person on the ground of that person’s sex if membership of the relevant club is available only to persons of the opposite sex.
(2) 	Nothing in paragraph 22 (1) (b) or subsection 22 (2) renders it unlawful to discriminate against a person on the ground of sex if the discrimination occurs in relation to the use or enjoyment of any benefit provided by the relevant club where—
(a)	it is not practicable for the benefit to be used or enjoyed, either simultaneously or 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.
(3) 	In determining any matter relating to the application of subsection (2), 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.
41 	Sport
(1) 	Nothing in Part 3 renders unlawful discrimination on the ground of sex in relation to the exclusion of persons of one sex from participation in any competitive sporting activity in which the strength, stamina or physique of competitors is relevant.
(2) 	Subsection (1) does not apply in relation to the exclusion of persons from participation in—
(a)	the coaching of persons engaged in any sporting activity; or
(b)	the umpiring or refereeing of any sporting activity; or
(c)	the administration of any sporting activity; or
(d)	any prescribed sporting activity.
Division 3—Exceptions relating to race
42 	Genuine occupational qualifications
(1) 	Nothing in paragraph 10 (1) (a) or (b), 12 (1) (a) or (b), 13 (b) or 14 (1) (a) or (2) (a) renders it unlawful for a person to discriminate against another person on the ground of race in connection with a position as an employee, commission agent, contract worker or partner, being a position in relation to which it is a genuine occupational qualification to be a person of a different race to that of the other person.
(2) 	Without limiting the generality of subsection (1), it is a genuine occupational qualification, in relation to a particular position, to be a person of a particular race if—
(a)	the duties of the position involve participating in a dramatic performance or other entertainment in a role that, for reasons of authenticity, aesthetics or tradition is required to be performed by a person of that race; or
(b)	the duties of the position involve participating as an artist’s or photographic model in the production of a work of art, visual image or sequence of visual images for which a person of that race is required for reasons of authenticity; or
(c)	the duties of the position involve working in a place where food or drink is (whether for payment or not) provided to and consumed by persons in circumstances in which a person of that race is required for reasons of authenticity; or
(d)	the duties of the position involve providing persons of that race with services for the purpose of promoting their welfare, where those services can most effectively be provided by a person of that race; or
(e)	the position is declared by the regulations to be a position in relation to which it is a genuine occupational qualification to be a person of a particular race.
43 	Clubs for members of one race etc
(1) 	Nothing in section 22 renders unlawful discrimination on the ground of race in relation to a club that has as its principal object the provision of benefits for persons of a specified race if those persons are described otherwise than—
(a)	by reference to colour; or
(b)	in a manner which has the effect of excluding some members of that race on the basis of colour.
(2) 	In determining whether the principal object of a club is as referred to in subsection (1), regard shall be had to—
(a)	the essential character of the club; and
(b)	whether the persons primarily enjoying the benefits of membership are of the race specified in the principal object; and
(c)	any other relevant circumstance.
Division 4—Exceptions relating to religious or political convictions
44 	Religious workers
	Nothing in paragraph 10 (1) (a) or (b), 12 (1) (a) or (b), 13 (b) or 14 (1) (a) or (2) (a) renders unlawful—
(a)	discrimination on the ground of religious conviction by an educational authority in relation to employment or work in an educational institution conducted by the authority; or
(b)	discrimination on the ground of religious conviction by a religious body in relation to employment or work in a hospital or other place conducted by the body in which health services are provided;
if the duties of the employment or work involve, or would involve, the participation by the employee or worker in the teaching, observance or practice of the relevant religion.
45 	Political workers etc
	Nothing in paragraph 10 (1) (a) or (b), 12 (1) (a) or (b), 13 (b) or 14 (1) (a) or (2) (a) renders unlawful discrimination on the ground of political conviction in relation to employment or work—
(a)	as an adviser to, or a member of the staff of, a Minister, the Speaker of the Legislative Assembly or a member of the Legislative Assembly; or
(b)	as an officer or employee of, or a worker for, a political party; or
(c)	as a member of the electoral staff of a person; or
(d)	in any other similar employment or work.
46 	Religious educational institutions
	Nothing in section 18 renders unlawful discrimination on the ground of religious conviction in relation to a refusal or failure to accept a person’s application for admission as a student at an educational institution that is conducted solely for students having a religious conviction other than that of the applicant.
Division 5—Exceptions relating to impairment
47 	Unjustifiable hardship
	In determining what constitutes unjustifiable hardship for the purposes of this Division, all relevant circumstances of the particular case shall be taken into account, including the nature of the benefit or detriment likely to accrue or be suffered by all persons concerned, the nature of the impairment of the person concerned and the financial circumstances of, and the estimated amount of expenditure required to be made by, the person claiming unjustifiable hardship.
48 	Genuine occupational qualifications
	Nothing in paragraph 10 (1) (a) or (b), 12 (1) (a) or (b), 13 (b) or 14 (1) (a) or (2) (a) renders it unlawful to discriminate against a person on the ground of impairment in relation to employment or work which involves any of the following activities:
(a)	participation in a dramatic performance or other entertainment in a role in which a person with a particular impairment is required for reasons of authenticity;
(b)	participation as an artist’s or photographic model in the production of a work of art, visual image or sequence of visual images for which a person with a particular impairment is required for reasons of authenticity;
(c)	providing persons who have a particular impairment with services for the purpose of promoting their welfare, where those services can most effectively be provided by a person with a similar impairment;
(d)	a prescribed activity.
49 	Work related discrimination
(1) 	Nothing in paragraph 10 (1) (b), 12 (1) (b), 13 (b) or 14 (1) (a) or (2) (a) renders unlawful discrimination by a person against another person on the ground of impairment if the firstmentioned person believes on reasonable grounds that, because of an impairment—
(a)	the other person is, or would be, unable to carry out work that is essential to the position concerned; or
(b)	the other person requires, or would require, in order to carry out that work, services or facilities which would not be required by a person who does not have such an impairment, the provision of which would impose unjustifiable hardship on the firstmentioned person.
(2) 	Nothing in paragraph 10 (1) (c), (2) (a) or (b), 12 (1) (c), (2) (a) or (b), 13 (a) or (c) or 14 (1) (b), (2) (b) or (3) (a) renders it unlawful for a person to discriminate against another person on the ground of impairment in relation to any determination by the firstmentioned person of terms or conditions relating to the performance of work that is essential to the position concerned, if the terms or conditions are reasonable having regard to either or both of the following matters:
(a)	any limitation or restriction that the impairment would or does impose on the other person’s ability to carry out that work;
(b)	any services or facilities that would be or are required by the other person in order to carry out that work and that would not be or are not required by persons who do not have such an impairment.
50 	Discrimination by qualifying bodies etc
	Nothing in section 16 renders unlawful discrimination by an authority or body against a person on the ground of impairment if the authority or body believes on reasonable grounds that, because of an impairment, the person is, or would be, unable to carry out work that is essential to the position concerned.
51 	Discrimination by educational institutions
(1) 	Nothing in section 18 renders unlawful discrimination on the ground of impairment in relation to a refusal or failure to accept a person’s application for admission as a student at an educational institution that is conducted solely for students who have an impairment which the applicant does not have.
(2) 	Nothing in section 18 renders unlawful discrimination on the ground of impairment in relation to a refusal or failure to accept an application by a person who has an impairment for admission as a student at an educational institution where the person, if so admitted, would require services or facilities that are not required by students who do not have an impairment, the provision of which would impose unjustifiable hardship on the relevant educational authority.
52	Discrimination concerning access to premises
(1) 	Nothing in section 19 renders unlawful discrimination on the ground of impairment in relation to the provision of access to premises if—
(a)	the premises are so designed or constructed as to be inaccessible to a person who has an impairment; and
(b)	any alteration of the premises to provide such access would impose unjustifiable hardship on the person who would have to provide that access.
(2) 	Subsection (1) does not apply in relation to a building the construction of which commences on or after a date fixed by the Minister for the purposes of this section by notice published in the Gazette.
(3) 	For the purposes of this section, the construction of a building shall be taken to commence on the day on which a building approval in respect of the erection of the building is granted under the Building Act 1972.
53 	Discrimination in the provision of goods and services
(1) 	Nothing in section 20 renders unlawful discrimination on the ground of impairment in relation to the provision of goods, services or facilities where—
(a)	because of a person’s impairment, the goods, services or facilities would have to be provided in a special manner; and
(b)	their provision in that manner would impose unjustifiable hardship on the person providing, or proposing to provide, the goods, services or facilities.
(2) 	In subsection (1), a reference to services shall be taken to include a reference to services provided by an employment agency.
54 	Discrimination concerning accommodation
	Nothing in section 21 renders unlawful discrimination on the ground of impairment in relation to the provision of accommodation to a person who has an impairment if special services or facilities are, or would be, required by the person and their provision would impose unjustifiable hardship on the person providing or proposing to provide the accommodation.
55 	Discrimination by clubs
(1) 	Nothing in section 22 renders unlawful discrimination on the ground of impairment in relation to a club that has as its principal object the provision of benefits to persons who have a particular impairment.
(2) 	In determining whether the principal object of a club is as referred to in subsection (1), regard shall be had to—
(a)	the essential character of the club; and
(b)	whether the persons primarily enjoying the benefits of membership have the particular impairment; and
(c)	any other relevant circumstance.
(3) 	Nothing in section 22 renders it unlawful to discriminate against a person on the ground of impairment if the discrimination occurs in relation to the enjoyment of any benefit provided by a club where—
(a)	because of the person’s impairment, the benefit would have to be provided to the person in a special manner; and
(b)	the provision of the benefit in that manner would impose unjustifiable hardship on the club.
56 	Public health
	Nothing in Part 3 renders unlawful discrimination against a person on the ground of impairment if the discrimination is necessary and reasonable to protect public health.
57 	Sport
(1) 	Nothing in Part 3 renders unlawful discrimination on the ground of impairment in relation to the exclusion of a person from participation in any competitive sporting activity if—
	(a)	the person has an impairment and the activity requires physical or intellectual attributes that the person does not possess; or
	(b)	where the activity is conducted wholly or mainly for persons who have a particular kind of impairment—the person does not have an impairment of that kind.
(2) 	Subsection (1) does not apply in relation to the exclusion of persons from participation in—
(a)	the coaching of persons engaged in any sporting activity; or
(b)	the umpiring or refereeing of any sporting activity; or
(c)	the administration of any sporting activity; or
(d)	any prescribed sporting activity.
Division 6—Exceptions relating to age
57A 	Genuine occupational qualifications
	Nothing in paragraph 10 (1) (a) or (b), 12 (1) (a) or (b), 13 (b) or 14 (1) (a) or (2) (a) renders it unlawful to discriminate against a person on the ground of age in relation to employment or work which involves any of the following activities:
	(a)	participation in a dramatic performance or other entertainment in a role in which a person belonging to a particular age group is required for reasons of authenticity;
	(b)	participation as an artist’s or photographic model in the production of a work of art, visual image or sequence of visual images for which a person belonging to a particular age group is required for reasons of authenticity;
	(c)	providing persons belonging to a particular age group with services for the purpose of promoting their welfare, where those services can most effectively be provided by a person belonging to a particular age group.
57B 	Youth wages
(1) 	This section applies where an award provides for the payment of reduced wages to employees under the age of 21 years.
(2) 	Where this section applies, nothing in subsection 10 (1) or paragraph 10 (2) (a) or (b) renders it unlawful for an employer to discriminate on the ground of age against a person—
	(a)	where the person is 21 years of age or older—in relation to the offer of employment to a person under the age of 21 years; or
	(b)	where the person is under the age of 21 years—in relation to the payment of reduced wages to the person in accordance with the award.
(3) 	In this section:
award means an award in force under the Workplace Relations Act 1996 (Cwlth).
57C 	Employment and work—health and safety
(1) 	Nothing in paragraph 10 (1) (c), (2) (a) or (b), 12 (1) (c), (2) (a) or (b), 13 (a) or (c) or 14 (1) (b), (2) (b) or (3) (a) renders it unlawful to discriminate against a person on the ground of age in relation to employment or work, or qualifications for employment or work, where that discrimination is practised in order to comply with reasonable health and safety requirements relevant to such employment or work. 
(2) 	In determining for the purposes of subsection (1) what health and safety requirements are reasonable, regard shall be had to all the relevant circumstances of the particular case, including the effects of the discrimination on the person discriminated against.
57E 	Education—minimum-age admissions
(1) 	Nothing in section 18 renders it unlawful to discriminate against a person on the ground of age in respect of the admission of the person to an educational institution where the level of education or training sought is provided only for students older than a particular age.
(2) 	Nothing in section 18 renders it unlawful to refuse or fail to accept an application for admission as a student at an educational institution under a mature age admission scheme, where the application is made by a person whose age is below the minimum age fixed under that scheme for admission.
57G 	Legal capacity
	Nothing in Part 3 renders it unlawful to discriminate against a person on the ground of age in relation to any transaction where the person is subject to a legal incapacity due to his or her age which is relevant to that transaction. 
57H 	Benefits and concessions
	Nothing in Division 2 of Part 3 renders it unlawful to discriminate against a person in relation to the provision of bona fide benefits, including concessions, to another person by reason of his or her age.
57J 	Goods, services and facilities—health and safety
(1) 	Nothing in section 19 or 20 renders it unlawful to discriminate against a person on the ground of age in relation to the provision of goods, services or facilities where that discrimination is practised in order to comply with reasonable health and safety requirements relevant to such provision.
(2) 	In determining for the purposes of subsection (1) what health and safety requirements are reasonable, regard shall be had to all the relevant circumstances of the particular case, including the effects of the discrimination on the person discriminated against.
57K 	Recreational tours and accommodation
	Nothing in section 20 or 21 renders it unlawful to discriminate against a person on the ground of age in relation to the provision of a recreational tour or recreational accommodation.
57L 	Clubs
(1) 	Nothing in section 20 or 22 renders it unlawful for a club to discriminate against a person on the ground of age where the club’s principal object is the provision of benefits for persons belonging to a particular age group.
(2) 	In determining whether the principal object of a club is as referred to in subsection (1), regard shall be had to—
	(a)	the essential character of the club; and
	(b)	whether the persons primarily enjoying the benefits of membership belong to the particular age group specified in the club’s objects; and
	(c)	any other relevant circumstance.
57M 	Sport
(1) 	Nothing in Part 3 renders it unlawful to discriminate against a person on the ground of age by his or her exclusion from participation in any competitive sporting activity where competition is only permitted between persons belonging to a particular age group.
(2) 	Subsection (1) does not apply in relation to the exclusion of persons from participation in—
	(a)	the coaching of persons engaged in any sporting activity; or
	(b)	the umpiring or refereeing of any sporting activity; or
	(c)	the administration of any sporting activity; or
	(d)	any sporting activity prescribed by the regulations.
Division 7—Exceptions relating to profession, trade, occupation or calling
57N 	Discrimination in profession, trade, occupation or calling
	Nothing in Part 3 renders it unlawful to discriminate against a person on the ground of the profession, trade, occupation or calling of the person in relation to any transaction where profession, trade, occupation or calling is relevant to that transaction and the discrimination is reasonable in those circumstances.
PART 5—SEXUAL HARASSMENT
58 	Meaning of sexual harassment
(1) 	For the purposes of this Part, a person subjects another person to sexual harassment if the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the other person or engages in other unwelcome conduct of a sexual nature in circumstances in which the other person reasonably feels offended, humiliated or intimidated.
(2) 	A reference in subsection (1) to conduct of a sexual nature shall be read as including a reference to the making of a statement of a sexual nature to, or in the presence of, a person, whether the statement is made orally or in writing.
59 	Employment etc
(1) 	It is unlawful for an employer to subject an employee, or a person seeking employment, to sexual harassment.
(2) 	It is unlawful for an employee to subject a fellow employee, or a person seeking employment with the same employer, to sexual harassment.
(3) 	It is unlawful for a principal to subject a commission agent or contract worker, or a person seeking to become his or her commission agent or contract worker, to sexual harassment.
(4) 	It is unlawful for a commission agent or contract worker to subject a fellow commission agent or contract worker to sexual harassment.
(5) 	It is unlawful for a partner in a partnership to subject another partner in the partnership, or a person seeking to become a partner in the partnership, to sexual harassment.
(6) 	It is unlawful for a workplace participant to subject another workplace participant, or a person seeking to become a workplace participant at that workplace, to sexual harassment at a place that is a workplace, or potential workplace, as the case requires, of both of those persons.
(7) 	In this section:
place includes a ship, aircraft or vehicle.
workplace means a place at which a workplace participant works or otherwise carries out functions in connection with being a workplace participant.
workplace participant means any of the following:
	(a)	an employer or employee;	
	(b)	a commission agent or contract worker;
	(c)	a partner in a partnership.
60 	Educational institutions
(1) 	It is unlawful for a member of the staff of an educational institution to subject a student at that institution, or a person seeking admission to the institution as a student, to sexual harassment.
(2) 	It is unlawful for a student at an educational institution to subject—
	(a)	another student at the institution; or
	(b)	a member of the staff of the institution;
to sexual harassment.
61 	Access to premises
	It is unlawful for a person to subject another person to sexual harassment in the course of providing, or offering to provide, the other person with access to any premises to which the public or a section of the public are entitled to have access, whether for payment or not.
62 	Provision of goods, services and facilities
	It is unlawful for a person to subject another person to sexual harassment in the course of providing, or offering to provide, goods, services or facilities to the other person.
63 	Accommodation
	It is unlawful for a person to subject another person to sexual harassment in the course of providing, or offering to provide, accommodation to the other person.
64 	Clubs
	It is unlawful for a member of the committee of management of a club to subject a member of the club, or a person seeking to become a member of the club, to sexual harassment.
Part 6—Racial Vilification
65 	Meaning of public act
	In this Part:
public act includes—
	(a)					any form of communication to the public, including speaking, writing, printing, displaying notices, broadcasting, telecasting, screening and playing of tapes or other recorded material; and
	(b)	any conduct (not being a form of communication referred to in paragraph (a)) observable by the public, including actions and gestures and the wearing or display of clothing, signs, flags, emblems and insignia; and
	(c)	the distribution or dissemination of any matter to the public.
66	Racial vilification—unlawful
(1)	It is unlawful for a person, by a public act, to incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race of the person or members of the group.
(2) 	Nothing in this section renders unlawful—
(a)	a fair report of a public act referred to in subsection (1); or
(b)	a communication or the distribution or dissemination of any matter comprising a publication which is subject to a defence of absolute privilege in proceedings for defamation; or
(c)	a public act, done reasonably and in good faith, for academic, artistic, scientific or research purposes or for other purposes in the public interest, including discussion or debate about and expositions of any act or matter.
67 	Serious racial vilification—offence
	A person shall not, by a public act, incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race of the person or members of the group by means which include—
(a)	threatening physical harm towards, or towards any property of, the person or group of persons; or
(b)	inciting others to threaten physical harm towards, or towards any property of, the person or group of persons.
Maximum penalty:		50 penalty units.
PART 7—OTHER UNLAWFUL ACTS
68 	Victimisation
(1) 	It is unlawful for a person to subject another person to any detriment on the ground that the other person has—
(a)	made a complaint under this Act; or
(b)	instituted proceedings against any person under this Act; or
(c)	given information or produced a document to a person exercising a function or power under or in relation to this Act; or
(d)	given information, produced a document or answered a question when required to do so under this Act; or
(e)	reasonably asserted any rights that a person (including that other person) has under this Act; or
(f)	alleged that a person has committed an act which is unlawful under this Act;
or on the ground that the firstmentioned person believes that the other person proposes to do such an act.
(2) 	Paragraph (1) (f) does not apply in relation to an allegation that is false and is not made in good faith.
69 	Unlawful advertising
	It is unlawful for a person to advertise any matter—
(a)	that indicates an intention to do an act that is unlawful under Part 3 or 5 or this Part; or
(b)	that could reasonably be understood as indicating such an intention.
PART 8—COMPLAINTS
Division 1—Preliminary
70 	Meaning of party
	In this Part:
party, in relation to a complaint, an investigation under subsection 80 (1) or the hearing of a complaint, means—
	(a)	the complainant (if any); and
	(b)	the respondent; and
	(c)	in relation to a complaint before the commissioner—any person joined by the commissioner under section 106; and
	(d)	in relation to a hearing before the tribunal—any person joined by the tribunal under section 106.
71 	Reliance on exceptions and exemptions
(1) 	In considering whether an act is unlawful under Part 3, 5 or 7 or section 66, the commissioner and tribunal are not required to have regard to any exception provided for in Part 4 or an exemption provided for in Part 9 unless the commissioner or tribunal has information indicating that the exception or exemption is or may be applicable in relation to that act.
(2) 	Where, but for an exception, excuse, qualification or exemption under or by virtue of this Act, conduct would be unlawful under Part 3, 5 or 7 or section 66, the onus of establishing the exception, excuse, qualification or exemption lies on the person seeking to rely on it.
Division 2—Making, investigation, conciliation and referral of complaints
72 	Complaints about unlawful acts
(1) 	A complaint alleging that a person has done an act that is unlawful under Part 3, 5 or 7 or section 66 may be lodged with the commissioner by—
(a)	a person aggrieved by the act; or
(b)	an agent acting on behalf of 1 or more persons aggrieved by the act.
(2) 	A person shall not act as an agent unless the person is—
	(a)	authorised in writing to so act on behalf of the aggrieved person or persons concerned; or
	(b)	authorised by the commissioner to act on behalf of an aggrieved person who, in the opinion of the commissioner based on reasonable grounds, is unable to make a complaint or authorise an agent to act.
(3) 	A complaint may be made jointly by 2 or more persons.
(4) 	A complaint shall be in writing in accordance with a form approved by the commissioner.
73 	Investigation
	The commissioner shall investigate a complaint made in accordance with section 72 for the purpose of determining—
	(a)	whether the complaint can be dealt with under this Act; and
	(b)	whether the commissioner may decline the complaint; and
	(c)	if the complaint can be dealt with and the commissioner does not decline it—whether resolution of the complaint by conciliation between the parties is reasonably likely.
74 	Notice of investigation
	Before commencing an investigation in relation to a complaint the commissioner shall give each party written notice that the complaint is to be investigated.
75 	Conduct of investigations
(1) 	Subject to this Part, an investigation shall be conducted in such manner as the commissioner thinks fit.
(2) 	An investigation shall be conducted with as little formality and technicality, and with as much expedition, as the requirements of this Act and any other relevant enactment and a proper consideration of the matters before the commissioner permit.
(3) 	In conducting an investigation into a complaint, the commissioner—
(a)	shall make a thorough examination of all matters relevant to the investigation; and
(b)	shall, subject to this Part, ensure that each party is given a reasonable opportunity to present his or her case; and
(c)	is not bound by the rules of evidence.
(4) 	The commissioner may give such directions as to the procedure to be followed in an investigation and do such things as the commissioner considers are necessary or expedient for the expeditious and just completion of the investigation.
(5) 	The commissioner may at any time vary or revoke a direction given under subsection (4).
76 	Stale complaints
(1) 	Where the commissioner makes a request of a complainant and the complainant does not, within a period of 3 months after the date on which the request is made, adequately respond to the request, the commissioner shall, by notice in writing to the parties, dismiss the complaint.
(2) 	A notice to a complainant under subsection (1) shall include a statement to the effect that the complainant may, within 14 days after the date of the notice, apply to the tribunal for a review of the decision of the commissioner to dismiss the complaint if the complainant believes—
	(a)	that he or she has adequately responded to the commissioner’s request; or
	(b)	that exceptional circumstances have prevented him or her from adequately responding to the commissioner’s request.
(3) 	Application may be made to the tribunal for review of the dismissal of a complaint by the commissioner under subsection (1).
77 	Single investigation of several complaints
	The commissioner may conduct a single investigation in relation to 2 or more complaints that arise out of the same or substantially the same circumstances or subject matter.
78 	Representative complaints
	The commissioner may deal with a complaint as a representative complaint if the commissioner believes on reasonable grounds that—
(a)	the complainant is a member of a class of persons the members of which have, or are reasonably likely to have, grievances against the respondent; and
(b)	the material facts of the complainant’s grievance are the same as, or similar or related to, the material facts of the grievances of other members of the class; and
(c)	common questions of law or fact arise, or would arise, in the investigation of complaints that have been, or could be, made by other members of the class in respect of those grievances; and
(d)	it is desirable to do so.
79 	Ordinary complaints not precluded by representative complaints
	Nothing in section 78 prevents a person from lodging a complaint in respect of a grievance that is the subject of a representative complaint.
80 	Investigation without complaint
(1) 	The commissioner may, of his or her own motion, investigate conduct that appears to the commissioner to be unlawful under Part 3, 5 or 7 or section 66.
(2) 	An investigation under subsection (1) shall, as far as practicable, be conducted as though it were an investigation in relation to a complaint.
(3) 	Where—
	(a)	an investigation by the commissioner under subsection (1) discloses unlawful conduct; and
	(b)	the commissioner notifies the parties under section 86 that resolution of the conduct by conciliation is not reasonably likely;
the person who was the object of the unlawful conduct may require the commissioner to refer the conduct to the tribunal under section 87 as if the person were the complainant and had complained of the conduct.
81 	Declining complaints
(1) 	Where, as a result of the investigation of a complaint lodged in accordance with section 72, the commissioner determines that a relevant ground exists in relation to the complaint the commissioner shall decline the complaint.
(2) 	For the purposes of subsection (1), the following are relevant grounds:
	(a)	the complaint is frivolous, vexatious, misconceived or lacking in substance or was not made in good faith;
	(b)	a more appropriate remedy in relation to the matter complained of is reasonably available to the complainant;
	(c)	the complaint relates to an act, or the last in a series of acts, that took place more than 12 months before the lodgment of the complaint;
	(d)	the matter complained of is not unlawful under Part 3, 5 or 7 or section 66;
	(e)	the matter complained of has already been adequately dealt with by the commissioner or tribunal;
	(f)	the matter complained of has already been adequately dealt with otherwise than by the commissioner or tribunal;
	(g)	the complainant does not want the complaint investigated;
	(h)	having regard to the complaint and any other relevant matter before the commissioner, in the opinion of the commissioner it is not necessary to pursue the complaint.
(3) 	Where the commissioner declines a complaint under subsection (1), the commissioner shall give written notice of the decision to the parties no later than 60 days after the lodgment of the complaint.
(4) 	A notice to a complainant under subsection (3) shall include a statement to the effect that—
	(a)	if, within 60 days after the date of the notice, the complainant does not require the commissioner to refer the complaint to the tribunal, the commissioner will dismiss the complaint and take no further action in relation to it; and
	(b)	should the complaint be so dismissed, the complainant may apply to the tribunal for the complaint to be heard if exceptional circumstances prevented him or her from requiring the referral.
82 	Compulsory conferences
(1) 	For the purposes of this Part, the commissioner may require—
(a)	a party to the investigation of a complaint; or
(b)	any other person whom the commissioner believes on reasonable grounds is likely to be able to provide information relevant to the investigation or whose presence at a conference is likely to assist in the proper resolution of the relevant complaint;
to attend a conference presided over by the commissioner.
(2) 	A requirement under subsection (1)—
(a)	shall be in writing and shall be given to the person concerned; and
(b)	shall specify the time and place for the conference.
(3) 	A conference shall be held in private and shall be conducted in such manner as the commissioner thinks fit.
(4) 	Except with the consent of the commissioner—
(a)	a natural person is not entitled to be represented at a conference by another person; and
(b)	a body of persons (whether incorporated or unincorporated) is not entitled to be represented at a conference by a person other than a member, officer or employee of the body.
83 	Conciliation
(1) 	Where, during or after investigation, the commissioner decides it is reasonably likely that a complaint may be resolved by conciliation, the commissioner shall—
	(a)	notify the parties accordingly; and
	(b)	endeavour to resolve the complaint by conciliation.
(2) 	Subsection (1) does not apply to a complaint if an application under section 89 in relation to the complaint has been made but not determined.
(3) 	Evidence of anything said or done during conciliation in relation to a complaint is not admissible in any proceedings.
84 	Conduct of conciliation
	Conciliation shall be conducted in such manner as the commissioner thinks fit.
85 	Conciliated agreements
(1) 	Where a complaint has been resolved by conciliation, the commissioner shall assist the parties to record in writing the agreement they have reached.
(2) 	Where a record prepared in accordance with subsection (1) has been signed by the parties to the relevant complaint, the commissioner shall ensure that each party has a copy of the record and shall notify them that, subject to a request under subsection (3), he or she will be taking no further action in relation to the complaint to which the agreement relates.
(3) 	Where a party to an agreement breaches the agreement, any other party to the agreement may request the commissioner to refer the complaint to which the agreement relates to the tribunal.
(4) 	On receiving a request under subsection (3), the commissioner shall refer the relevant complaint to the tribunal.
86 	Conciliation unlikely
(1) 	Where, after investigation of a complaint, the commissioner is of the opinion that resolution of the complaint by conciliation between the parties is not reasonably likely, the commissioner shall notify the parties accordingly.
(2) 	Where—
	(a)	the commissioner endeavours to resolve a complaint by conciliation; and
	(b)	the commissioner decides that such a resolution is not reasonably likely; 
the commissioner shall notify the parties of his or her decision.
(3) 	A notice to a complainant under subsection (1) or (2) shall include a statement to the effect that—
	(a)	if, within 60 days after the date of the notice, the complainant does not require the commissioner to refer the complaint to the tribunal, the commissioner will dismiss the complaint and take no further action in relation to it; and
	(b)	should the complaint be so dismissed, the complainant may apply to the tribunal for the complaint to be heard if exceptional circumstances prevented him or her from requiring the referral.
87 	Referral of complaint
	Where a complainant notified in accordance with subsection 81 (3) or 86 (1) or (2) requires the commissioner to refer a complaint to the tribunal, the commissioner shall refer the complaint and shall notify the other parties of the referral.
88 	Dismissal of complaint
	Where a complainant who has been notified in accordance with subsection 81 (3) or 86 (1) or (2) fails, within the period of 60 days after the date of the notice, to require the commissioner to refer the complaint to the tribunal, the commissioner shall dismiss the complaint, notify the parties to the investigation accordingly and take no further action in relation to the complaint.
89 	Application to strike out complaint
	A respondent may, at any time before the tribunal commences hearing the complaint (other than a time when the complaint is being conciliated), apply to the tribunal to strike out the complaint on the ground that the complaint is frivolous, vexatious, misconceived or lacking in substance or was not made in good faith.
90 	Withdrawal of complaint
	A complainant may, at any time before the complaint is referred to the tribunal, by notice to the commissioner, withdraw his or her complaint and the commissioner shall take no further action in relation to the complaint.
Division 3—Hearings before discrimination tribunal
91 	Hearings
(1) 	The tribunal shall hear  the following matters:
	(a)	an application to strike out a complaint under section 89;
	(b)	a complaint referred to it by the commissioner;
	(c)	an application to determine whether a complainant failed to adequately respond to a request by the commissioner or was, due to exceptional circumstances, unable to adequately respond to a request before dismissal under section 76;
	(d)	an application to determine whether a complainant was unable to require the referral of the complaint within the time specified under section 81 or 86 due to exceptional circumstances;
	(e)	a complaint where the applicant referred to in paragraph (d) is successful;
	(f)	an application for an interim order under section 99 or 100;
	(g)	an application for review of a direction given by the commissioner under section 108.
(2) 	The registrar shall, at least 7 days before a hearing referred to in paragraph (1) (a) and 14 days before any other hearing referred to in subsection (1), give written notice to the parties of the time, date and place of the hearing.
(3) 	The tribunal shall commence hearing a matter referred to in paragraph (1) (a) within 14 days after the date on which application is made.
92 	Procedure
(1) 	The procedure of the tribunal is, subject to this Act and the regulations and to any other enactment, within the discretion of the tribunal.
(2) 	The tribunal may, on application or of its own motion, direct that a hearing or part of a hearing take place in private and give directions as to the persons who may be present.
93 	Sittings
(1) 	Subject to subsection (2), the tribunal shall sit in such places in the Territory as the president determines.
(2) 	The tribunal shall not sit in a place customarily used by a court for hearings unless the president is satisfied that no other suitable place is available or appropriate in the circumstances.
94 	Appearances
	A party to a tribunal hearing may appear at the hearing.
95 	Representation
(1) 	A party is not entitled to be represented at a hearing unless the tribunal consents to such representation.
(2) 	Nothing in subsection (1) prevents the representation of a party that is a body of persons by a member, officer or employee of the party.
(3) 	In this section:
party includes an unincorporated association.
96 	Witnesses
(1) 	For the purposes of a tribunal hearing, the tribunal may summon a person to appear as a witness before it—
	(a)	to give evidence; or
	(b)	to produce any document or thing, specified in the summons, in the possession, custody or control of the person; or
	(c)	to give evidence and produce any document or thing, specified in the summons, in the possession, custody or control of the person.
(2) 	The tribunal may give a party leave to inspect a document or thing produced under a summons.
(3) 	A person shall be taken to have complied with a summons under paragraph (1) (b) if the person delivers the document or thing to the registrar before the date specified in the summons.
(4) 	A summons shall be—
	(a)	in writing; and
	(b)	served on the person named in the summons.
96A 	Appearance by audiovisual or audio links
(1) 	This section applies where, in relation to a hearing or a part of a hearing (the relevant hearing), the tribunal has given a direction under subsection 18 (1) or 30 (1) of the Evidence (Miscellaneous Provisions) Act 1991.
(2) 	Where this section applies a person who, in a relevant hearing—
	(a)	is required or entitled to appear personally, whether as a party or as a witness; or
	(b)	is entitled to appear for another person;
may appear in that hearing and participate or give evidence, as the case requires, in accordance with the direction.
(3) 	A person who appears in a relevant hearing in accordance with this section shall be taken to be before the tribunal.
97 	Taking evidence
	The tribunal may take evidence on oath or affirmation and, for that purpose—
(a)	may require a person attending before the tribunal to take an oath or make an affirmation; and
(b)	may administer an oath or affirmation to such a person.
98 	Refusing to take oath or make affirmation
	A person shall not, without reasonable excuse, fail to take an oath or make an affirmation when required to do so under paragraph 97 (a).
Maximum penalty:	50 penalty units, imprisonment for 6 months or both.
Division 4—Granting of relief by discrimination tribunal
99 	Interim orders—complaint before commissioner
(1) 	Where—
	(a)	a complaint has been lodged with the commissioner; and
	(b)	the applicant or respondent in relation to the complaint applies to the tribunal for an interim order under this section; and
	(c)	the tribunal is satisfied that an order under this section is necessary to preserve—
	(i)	the status quo between the parties; or
	(ii)	the rights of the parties;
the tribunal may make such interim order as it considers appropriate.
(2) 	An interim order remains in force until the making of a prescribed decision.
(3) 	An application under paragraph (1) (b) shall be in accordance with the form approved by the registrar.
(4) 	Where a person against whom an interim order is made is not present at the making of the order, the registrar shall cause a copy of the order to be served on the person as soon as practicable after the order is made.
(5) 	For the purpose of subsection (2), the following decisions of the commissioner are prescribed in relation to a complaint:
	(a)	a decision to decline the complaint;
	(b)	a decision to endeavour to resolve the complaint by conciliation;
	(c)	a decision that resolution of the complaint by conciliation is not reasonably likely.
100 	Interim orders—complaint before tribunal
(1) 	Where, before or during a hearing before the tribunal—
	(a)	a party to the hearing applies to the tribunal for an interim order under this section; and
	(b)	the tribunal is satisfied that an order under this section is necessary to preserve—
	(i)	the status quo between the parties; or
	(ii)	the rights of the parties;
the tribunal may make such interim order as it considers appropriate.
(2) 	An interim order remains in force until—
	(a)	the tribunal orders otherwise; or
	(b)	the tribunal dismisses the complaint or makes an order at the conclusion of the hearing of the complaint;
whichever is earlier.
(3) 	The tribunal may, on application by a party, while an interim order is in force—
	(a)	vary the order; or
	(b)	rescind the order.
(4) 	An application under paragraph (1) (a) shall be in accordance with the form approved by the registrar.
(5) 	Where a person against whom an interim order is made is not present at the making of the order, the registrar shall cause a copy of the order to be served on the person as soon as practicable after the order is made.
101 	Remittal of complaint
	Where—
	(a)	the tribunal hears an application referred to in paragraph 91 (1) (c); and
	(b)	the tribunal is satisfied that the applicant did adequately respond or was unable to respond due to exceptional circumstances;
the tribunal shall remit the relevant complaint to the commissioner and the complaint shall be taken to have been lodged on the date of remittal.
102 	Decisions following hearing
(1) 	In this section:
unlawful conduct means conduct that is unlawful under Part 3, 5 or 7 or section 66.
(2) 	After completing a hearing, the tribunal shall—
(a)	dismiss any complaint that the tribunal is satisfied—
	(i)	is frivolous, vexatious or not made in good faith; or
	(ii)	has not otherwise been substantiated; or
(b)	if satisfied that the respondent has engaged in unlawful conduct—
	(i)	order the respondent not to repeat or continue the unlawful conduct; or
	(ii)	order the respondent to perform any reasonable act or acts to redress any loss or damage suffered by a person as a result of the unlawful conduct by the respondent; or
	(iii)	except where the complaint has been dealt with as a representative complaint—order the respondent to pay to a person a specified amount by way of compensation for any loss or damage suffered by the person as a result of the unlawful conduct by the respondent.
(3) 	An order under subparagraph (2) (b) (iii) may include an order for payment of a specified amount—
	(a)	authorised by the tribunal in accordance with the prescribed scale; or
	(b)	if there is no prescribed scale—determined by the tribunal;
in respect of the expenses reasonably incurred by a person in connection with the hearing.
(4) 	Where the tribunal dismisses a complaint under subparagraph (2) (a) (i), the tribunal may, by notice in writing given to the complainant, order the complainant to pay to the respondent a specified amount—
	(a)	authorised by the tribunal in accordance with the prescribed scale; or
	(b)	if there is no prescribed scale—determined by the tribunal;
in respect of the expenses reasonably incurred by the respondent in connection with the hearing.
(5) 	Where the tribunal dismisses a complaint or makes an order under paragraph (2) (b) in relation to a complaint, the tribunal shall, within 28 days after making that decision, give the parties to the hearing notice in writing of the decision and, if an order under paragraph (2) (b) has been made, setting out the terms of the order.
Division 5—Enforcement of orders and decisions of discrimination tribunal
103 	Failure to comply
	A party to a hearing shall not, without reasonable excuse, fail to comply with an order of the tribunal.
Maximum penalty:		50 penalty units, imprisonment for 6 months or both.
104 	Powers of enforcement
	The tribunal has the same powers to enforce its decisions as the Magistrates Court has when exercising its jurisdiction under the Magistrates Court (Civil Jurisdiction) Act 1982.
Division 6—Other powers of commissioner and tribunal
105 	Effect of Division
	Nothing in this Division permits—
	(a)	the commissioner to join a party to a hearing before the tribunal or to give a direction, make a requirement, authorise a payment or excuse or release a person from attendance in relation to such a hearing; or
	(b)	the tribunal to join a party to an investigation by the commissioner or to give a direction, make a requirement, authorise a payment or excuse or release a person from attendance in relation to a complaint being so investigated.
106 	Joining parties
	Where—
	(a)	before the commencement of an investigation, or at any stage during the conduct of an investigation, the commissioner is of the opinion that a person ought to be joined as a party to the investigation; or
	(b)	before the commencement of the hearing of a complaint by the tribunal, or at any stage during the hearing, the tribunal is of the opinion that a person ought to be joined as a party to the hearing;
the commissioner or tribunal may, by notice in writing given to the person, join that person as a party to the investigation or hearing.
107 	Requiring answer or document
(1) 	The commissioner or tribunal may require a person appearing before the commissioner or tribunal—
	(a)	to answer a question relevant to the investigation or hearing; or
	(b)	to produce a document or other record relevant to the investigation or hearing.
(2)	A person shall not, without reasonable excuse, fail to comply with paragraph (1) (a).
Maximum penalty:	50 penalty units, imprisonment for 6 months or both.
(3)	A person shall not, without reasonable excuse, fail to comply with paragraph (1) (b).
Maximum penalty:		50 penalty units, imprisonment for 6 months or both.
108 	Prohibiting or controlling publication
(1) 	The commissioner or tribunal may direct that—
(a)	any evidence given before the commissioner or tribunal; or
(b)	the contents of any document produced to the commissioner or tribunal; or
(c)	any information that might enable a person who has appeared before the commissioner or tribunal to be identified;
shall not be published, or shall not be published except in such manner, or to such persons, as the commissioner or tribunal specifies.
(2) 	A direction to a particular person shall be given to the person in writing.
(3) 	A direction to persons generally shall be given by notice published in the Gazette.
(4) 	A direction given by the commissioner under this section shall include a statement to the effect that application may, within 28 days after the date of the direction, be made by an interested person to the tribunal for review of the direction.
(5) 	A direction takes effect—
(a)	on the day on which it is given; or
(b)	if a later date of effect is specified in the direction—on that later date.
108A 	Review of directions by commissioner
	Application may be made to the tribunal for review of a direction given by the commissioner under section 108 within 28 days after the date of the direction.
108B 	Prohibited publications
	A person shall not, without reasonable excuse, publish matter in contravention of a direction under section 108.
Maximum penalty:		50 penalty units, imprisonment for 6 months or both.
108C 	Obtaining information and documents
(1) 	Where the commissioner or tribunal believes on reasonable grounds that a person is capable of providing information or producing a document relevant to an investigation or a hearing, the commissioner or tribunal may, by written notice given to the person, require the person—
(a)	to give the information to the commissioner or tribunal in writing signed by the person or, in the case of a body politic or corporate, by an officer of the body; or
(b)	to produce the document to the commissioner or tribunal.
(2) 	The notice shall state—
(a)	the place at which the information or document is to be given or produced to the commissioner or tribunal; and
(b)	the time at which, or the period within which, the information or document is to be given or produced.
(3) 	Where the commissioner or tribunal believes on reasonable grounds that a person has information relevant to an investigation, the commissioner or tribunal may, by written notice given to the person, require the person to attend before the commissioner or tribunal at a time and place specified in the notice to answer questions relevant to the investigation.
(4) 	Where a document is produced to the commissioner or tribunal in accordance with a requirement under subsection (1), the commissioner or tribunal—
(a)	may take possession of, and may make a copy of, or take extracts from, the document; and
(b)	may retain possession of the document for such period as is necessary for the purposes of the relevant investigation; and
(c)	during that period shall permit a person who would be entitled to inspect the document, if it was not in the possession of the commissioner or tribunal, to inspect the document at any reasonable time.
Division 7—Miscellaneous
108D 	Appeal from decisions of tribunal
(1) 	A party to a tribunal hearing may appeal to the Supreme Court on a question of law from a decision of the tribunal in that hearing.
(2) 	An appeal by a person under subsection (1) shall be instituted no later than 28 days after the day on which a notice under subsection 102 (5) is given to the person or within such further time as the Supreme Court (whether on, before or after that day) allows.
(3) 	On hearing an appeal the Supreme Court may make any of the following orders:
	(a)	an order affirming or setting aside the decision of the tribunal;
	(b)	an order remitting the case to be heard and decided again, either with or without the hearing of further evidence, by the tribunal in accordance with the directions of the court;
	(c)	such other order as the court considers appropriate.
108E 	Selfincrimination etc
(1) 	A person is not excused from providing information, producing a document or answering a question when required to do so under section 107 or 108C on the ground that the information, document or answer might tend to incriminate the person, but—
	(a)	any information, document or answer so provided; and
	(b)	any information or thing (including a document) obtained as a direct or indirect consequence of the provision of the information, document or answer;
is not admissible in evidence against the person in criminal proceedings, other than proceedings for—
	(c)	an offence against section 108M or 108O; or
	(d)	any other offence in respect of the falsity of the information, document or answer; or
	(e)	an offence under or by virtue of Part 8 of the Crimes Act that relates to an alleged offence referred to in paragraph (c) or (d).
(2) 	In subsection (1):
Crimes Act means the Crimes Act 1900.
108F 	Unlawful act not an offence
	An act that is unlawful under Part 3, 5 or 7 or section 66 does not constitute an offence.
108G 	Unlawful act no basis for civil action
	Except as expressly provided by this Act, nothing in this Act confers on a person any right of action in respect of the doing of an act that is unlawful under Part 3, 5 or 7 or section 66.
108H 	Aiding etc unlawful acts
	A person who causes, instructs, induces, aids or permits another person to do an act that is unlawful under Part 3, 5 or 7 or section 66 shall, for the purposes of this Act, be taken also to have done the act.
108I 	Conduct of directors, servants and agents
(1) 	Where, for the purposes of this Act, it is necessary to establish the state of mind of a body politic or corporate or a natural person in relation to particular conduct, it is sufficient to show—
(a)	that a director, servant or agent of the body, or a servant or agent of the person, had that state of mind; and
(b)	that the conduct was engaged in by that director, servant or agent within the scope of his or her actual or apparent authority.
(2) 	A reference in subsection (1) to the state of mind of a body or person shall be read as including a reference to—
(a)	the knowledge, intention, opinion, belief or purpose of the body or person; and
(b)	the body’s or person’s reasons for the intention, opinion, belief or purpose.
(3) 	Any conduct engaged in on behalf of a body politic or corporate or a natural person by a director, servant or agent of the body, or a servant or agent of the person, within the scope of his or her actual or apparent authority is to be taken, for the purposes of this Act, to have been engaged in also by the body or person unless the body or person establishes that reasonable precautions were taken and due diligence was exercised to avoid the conduct.
(4) 	Where—
(a)	a natural person is convicted of an offence against this Act; and
(b)	the person would not have been convicted of the offence if subsections (1) and (3) had not been enacted;
the person is not liable to be punished by imprisonment for that offence.
(5) 	A reference in this section to a director of a body corporate is to be read as including a reference to a member of a body corporate incorporated for a public purpose by a law of the Territory, the Commonwealth, a State or another Territory.
(6) 	A reference in this section to engaging in conduct shall be read as including a reference to failing or refusing to engage in conduct.
108J 	Protection from civil proceedings
	Civil proceedings do not lie against a person in respect of loss, damage or injury of any kind suffered by another person as a result of any of the following acts done in good faith:
(a)	the making of a complaint;
(b)	the making of a statement to, or the giving of a document or information to, the commissioner, the tribunal or a member of the staff of the commissioner or tribunal, for the purposes of this Act, whether or not the statement was made, or the document or information was given, pursuant to a requirement under section 107 or 108C.
108K 	Expenses of witnesses etc
	A person attending before the commissioner pursuant to a requirement under section 82 or before the commissioner or tribunal pursuant to a requirement under section 108C is entitled to be paid by the Territory in respect of the expenses reasonably incurred by the person in connection with the attendance—
(a)	an amount authorised by the commissioner or tribunal in accordance with the prescribed scale; or
(b)	if there is no prescribed scale—such amount as the commissioner or tribunal determines.
108L 	Failure to attend before commissioner or tribunal
	A person who is required under section 82 to attend before the commissioner or under section 108C to attend before the commissioner or tribunal shall not, without reasonable excuse—
(a)	fail to attend as required; or
(b)	fail to attend and report from day-to-day unless excused, or released from further attendance, by the commissioner or tribunal.
Maximum penalty:		50 penalty units, imprisonment for 6 months or both.
108M 	Failure to furnish information etc
	A person shall not, without reasonable excuse, fail to—
(a)	furnish information; or
(b)	produce a document; or
(c)	answer a question;
when required to do so under section 107 or 108C.
Maximum penalty:		50 penalty units, imprisonment for 6 months or both.
108N 	Obstructing commissioner, tribunal etc
	A person shall not, without reasonable excuse—
(a)	obstruct the commissioner, tribunal or a member of the staff of the commissioner or tribunal in the exercise of a function or power under or in relation to this Act; or
(b)	disrupt proceedings before the commissioner or tribunal.
Maximum penalty:	50 penalty units, imprisonment for 6 months or both.
108O 	False information
	A person shall not, in purported compliance with a requirement under section 107 or 108C—
(a)	give the commissioner or tribunal, or a member of the staff of the commissioner or tribunal, information that the person knows to be false or misleading in a material particular; or
(b)	give the commissioner or tribunal, or a member of the staff of the commissioner or tribunal, a document containing information that the person knows to be false or misleading in a material particular.
Maximum penalty:	50 penalty units, imprisonment for 6 months or both.

PART 9—EXEMPTIONS
109 	Grant of exemptions
(1) 	The commissioner may, on application in writing, grant the applicant an exemption from the operation of a specified provision of Part 3, 5 or 7.
(2) 	The commissioner may, on an application made in writing—
(a)	by a person to whom an exemption has been granted; and
(b)	before the expiration of that exemption;
grant the applicant a further exemption from the operation of the provision concerned.
(3) 	In the exercise of a power under subsection (1) or (2), the matters to which the commissioner shall have regard include the following matters:
(a)	the need to promote an acceptance of, and compliance with, this Act;
(b)	the desirability, where relevant, of certain discriminatory actions being permitted for the purpose of redressing the effects of past discrimination.
(4) 	An exemption or further exemption—
(a)	shall be granted by notice published in the Gazette; and
(b)	is subject to such conditions (if any) as are specified in the notice; and
(c)	has effect according to its terms for such period not exceeding 3 years as is specified in the notice.
(5) 	Where the commissioner refuses to grant an exemption or a further exemption, the commissioner shall give the applicant or each applicant notice in writing of the refusal.
(6) 	A notice referred to in subsection (4) or (5) shall be in accordance with the requirements of the code of practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.
110 	Review of decisions
	Application may be made to the administrative appeals tribunal for review of a decision of the commissioner under section 109.

Part 9A—discrimination tribunal
Division 1—Establishment, functions and powers
110A 	Establishment
	The Discrimination Tribunal is established by this section.
110B 	Functions and powers
(1) 	The tribunal has the functions and powers given to it under this Act.
(2) 	Without limiting subsection (1), the tribunal has power to do everything necessary or convenient to be done in relation to the carrying out of its functions.
Division 2—Tribunal members
110C 	Membership of tribunal
(1) 	The tribunal consists of the president and deputy presidents.
(2) 	The members of the tribunal are to be appointed by the Executive.
110D 	Eligibility for appointment
(1) 	A person is eligible to be appointed president only if the person is a magistrate.
(2) 	A person is eligible to be appointed deputy president only if the person is a magistrate or a lawyer of at least 5 years standing.
110E 	Terms of appointment generally
(1) 	A member may be appointed as a full-time or part-time member.
(2) 	A member holds office on the terms not provided by this Act that are decided by the Executive.
(3) 	This section does not apply to a member who is a magistrate.
110F 	Matters to be included in instrument of appointment etc
	The instrument appointing, or evidencing the appointment of, a member must state—
	(a)	whether the member is the president or a deputy president; and
	(b)	the period for which the member is appointed; and
	(c)	if the member is not a magistrate—whether the member is appointed as a full-time or part-time member.
110G 	Duration of appointment
(1) 	A member is to be appointed for a term of not longer than 5 years.
(2) 	The Executive may end the appointment of a member who is not a magistrate—
	(a)	for misbehaviour or physical or mental incapacity; or
	(b)	if the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of creditors.
(3) 	The Executive must end the appointment of—
	(a)	a member who is a magistrate if the member ceases to be a magistrate; or
	(b)	a member who is not a magistrate if the member—
	(i)	ceases to be eligible for appointment; or
	(ii)	is convicted in Australia or elsewhere of an offence punishable by imprisonment for 1 year or longer.
Division 3—Registrar and deputy registrars
110H 	Registrar and deputy registrars
(1) 	The registrar of the Magistrates Court is the registrar of the tribunal.
(2) 	Each deputy registrar of the Magistrates Court is a deputy registrar of the tribunal.
(3) 	Subject to any direction of the registrar, a deputy registrar of the tribunal may exercise the powers of the registrar of the tribunal.
(4) 	The registrar may, in writing, delegate to a public servant all or any of his or her powers under this Act.
Division 4—Other provisions
110I 	Constitution of tribunal
	The tribunal is to be constituted for a hearing by a single member.
110J 	Role of president
(1) 	The president is responsible for ensuring the orderly and prompt discharge of the tribunal’s business.
(2) 	Without limiting subsection (1), the president may give directions about the member who is to constitute the tribunal for a particular proceeding.

PART 10—DISCRIMINATION COMMISSIONER
111 	Functions
(1) 	In addition to the other functions conferred on the commissioner by or under this Act, the commissioner has the following functions:
(a)	to promote an understanding and acceptance of, and compliance with, this Act;
(b)	to undertake research, and develop educational and other programs, for the purpose of promoting the objects of this Act;
(c)	to review the laws of the Territory for the purpose of ascertaining whether any of those laws is inconsistent with this Act, and to report to the Minister on the results of the review;
(d)	when requested to do so by the Minister, to examine any proposed law for the purpose of ascertaining whether the proposed law, if enacted, would be inconsistent with this Act, and to report to the Minister on the results of the examination;
(e)	to advise the Minister on any matter relevant to the operation of this Act;
(f)	such functions (if any) as are conferred on the commissioner by or under any other law of the Territory;
(g)	such functions (if any) of the Commonwealth commission as are conferred on the commissioner by virtue of an arrangement made under the Human Rights and Equal Opportunity Commission Act 1986 (Cwlth);
(h)	to do anything incidental or conducive to any of the commissioner’s functions.
(2) 	The commissioner has power to do all things that are necessary or convenient to be done in relation to the exercise of the commissioner’s functions.
112 	Appointment
(1) 	There shall be a Discrimination Commissioner, who shall be appointed by the Executive.
(2) 	The commissioner holds office, subject to this Part, for the period (not exceeding 7 years) specified in the instrument of appointment, but is eligible for reappointment.
114 	Resignation
	The commissioner may resign by writing given to the Minister.
115 	Termination of appointment
	The Executive may terminate the appointment of the commissioner for misbehaviour or physical or mental incapacity.
116 	Terms and conditions generally
	The commissioner holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined by the Minister in writing.
117 	Acting commissioner
(1) 	The Minister may appoint a person to act as commissioner—
(a)	during a vacancy in the office of commissioner (whether or not an appointment has previously been made to that office); or
(b)	during any period, or during all periods, when the commissioner is or is expected to be absent from duty or from the Territory or is, for any reason, unable to perform the duties of office;
but a person appointed to act during a vacancy shall not continue to act for more than 12 months.
(2) 	Anything done by or in relation to a person purporting to act in the office of commissioner is not in doubt merely because—
(a)	the occasion for the appointment had not arisen; or
(b)	there was a defect or irregularity in connection with the appointment; or
(c)	the appointment had ceased to have effect; or
(d)	the occasion to act had not arisen or had ceased.
118 	Staff
(1) 	The staff assisting the commissioner shall be employed under the Public Sector Management Act 1994.
(2) 	The Public Sector Management Act 1994 applies in relation to the management of the staff assisting the commissioner.
119 	Authorisation by commissioner
(1) 	The commissioner may, in writing, authorise a member of his or her staff to exercise the functions of the commissioner referred to in section 73.
(2) 	A person authorised under subsection (1) has all the powers and duties of the commissioner in relation to the exercise of the authorised functions.
(3) 	The exercise by a person of the commissioner’s functions under an authorisation under subsection (1) is taken, for all purposes, to be the exercise by the commissioner of the functions.
120 	Delegation
	The commissioner may, in writing, delegate to a member of the staff of the commissioner any of the commissioner’s powers or functions under section 80 or 82.

PART 11—MISCELLANEOUS
121 	Immunity from suit
	No civil proceeding lies against a person who is or has been—
	(a)	the president of the tribunal or an acting president; or
	(b)	the commissioner; or
	(c)	the registrar; or
	(d)	a member of the staff of the president, tribunal or commissioner; or
	(e)	a person acting under the direction or authority of the president, tribunal or commissioner or a member of the staff of the president, tribunal or commissioner;
in relation to—
	(f)	an act done or omitted to be done in good faith in the exercise, or purported exercise, of a function or power, under or in relation to this Act; or
	(g)	the provision, in good faith, of information or advice in relation to this Act or any other Act, including an Act of the Commonwealth, a State or another Territory.
122 	Secrecy
(1) 	In this section:
court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.
person to whom this section applies means a person who is, or has been—
	(a)	the president of the tribunal or an acting president; or
	(b)	the commissioner; or
	(c)	the registrar; or
	(d)	a member of the staff of the president, tribunal or commissioner; or
	(e)	a person authorised to exercise a function or power under or in relation to this Act.
produce includes permit access to.
protected information means information that—
	(a)	concerns a person; and
	(b)	is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function or power by the person under or in relation to this Act.
(2) 	Subject to subsection (3), a person to whom this section applies shall not—
	(a)	make a record of protected information; or
	(b)	directly or indirectly, divulge or communicate to a person protected information concerning another person;
unless the record is made or the information divulged or communicated in relation to the exercise of a function or power by the person, as a person to whom this section applies, under or in relation to this Act or another Act.
Maximum penalty:	50 penalty units, imprisonment for 6 months or both.
(3) 	Subsection (2) does not prevent a person to whom this section applies from divulging or communicating protected information to a person about another person with the consent of that other person.
(4) 	A person to whom this section applies is not required—
	(a)	to divulge or communicate protected information to a court; or
	(b)	to produce a document containing protected information to a court;
except where it is necessary to do so for the purposes of this Act or another Act.
124 	Intergovernmental arrangements
(1) 	The Minister may make an arrangement with a Commonwealth Minister in relation to—
(a)	the exercise on a joint basis of any of the functions of the Commonwealth commission; or
(b)	the exercise by the commissioner of any of the functions of the Commonwealth commission; or
(c)	the exercise by the Commonwealth commission, on behalf of the Territory, of any of the commissioner’s functions.
(2) 	An arrangement may contain such incidental or supplementary provisions as the Minister and the Commonwealth Minister think necessary.
(3) 	The Minister may arrange with the Commonwealth Minister for the variation or revocation of an arrangement.
(4) 	An arrangement, and any variation or revocation of an arrangement, shall be in writing.
(5) 	The Minister shall publish a copy of an arrangement, and of any variation or revocation of an arrangement, in the Gazette.
125 	Exercise of functions under intergovernmental arrangement
	An act done by or in relation to the Commonwealth commission under an arrangement made under section 124 in relation to the exercise by the Commonwealth commission of any of the commissioner’s functions shall be deemed, for the purposes of this Act, to have been done by or in relation to the commissioner.
126 	Relationship to other laws
	This Act is in addition to, and not in derogation of, any other law in force in the Territory that provides for the protection of a person from conduct that is or would be unlawful under this Act.
127 	Regulation-making power
(1) 	The Executive may make regulations for this Act.
(2) 	Without limiting subsection (1), the regulations may except persons, activities or other things from the operation of particular provisions of Part 3, 5 or 7.
128 	Transitional provisions about tribunal members
(1) 	If a person held appointment as president immediately before the commencement of this section, the person continues, subject to this Act, as president for the remainder of the term for which the person was appointed as president.
(2) 	If a person held appointment as acting president immediately before the commencement of this section, the person is taken, on the commencement, to have been appointed as a deputy president for a period of 5 years to begin on that commencement.
(3) 	This section expires 3 months after it commences.

ENDNOTES
1	About this republication
This is a republication of the Discrimination Act 1991 as in force on 15 June 2000.  It includes all amendments made to the Act up to Act 2000 No 17.
Amending laws are annotated in the table of legislation and table of amendments.
2	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
dict = dictionary
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

3	Table of legislation
Act†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Discrimination Act 1991	1991 No 81	13 Dec 1991	ss 1 and 2:  13 Dec 1991
remainder:  20 Jan 1992 (see Gaz 1992 No S6)		
Discrimination (Amendment) Act 1993	1993 No 25	21 May 1993	21 May 1993	—
	
Acts Revision (Position of Crown) Act 1993	1993 No 44	27 Aug 1993	27 Aug 1993 (see 
s 2)	—	
Discrimination (Amendment) Act 1994	1994 No 1	4 Mar 1994	4 Mar 1994	—	
Discrimination (Amendment) Act (No 2) 1994	1994 No 11	14 Mar 1994	ss 1 and 2:  14 Mar 1994
remainder:  14 May 1994	—	
Public Sector Management (Consequential and Transitional Provisions) Act 1994	1994 No 38	30 June 1994	ss 1 and 2:  30 June 1994
remainder:  1 July 1994 (see Gaz 1994 No S142 p 2)	ss 3, 5-12, 15 and 19	
Administrative Appeals (Consequential Amendments) Act 1994	1994 No 60	11 Oct 1994	ss 1 and 2:  11 Oct 1994
remainder:  14 Nov 1994 (see s 2 (2) and Gaz 1994 No S250)	—	
Discrimination (Amendment) Act (No 3) 1994	1994 No 103	22 Dec 1994	22 Dec 1994	—	
Discrimination (Amendment) Act 1995	1995 No 9	30 June 1995	30 June 1995	—	
Annual Reports (Government Agencies) (Consequential Provisions) Act 1995	1995 No 25	5 Sept 1995	5 Sept 1995	—	
Statute Law Revision Act 1995	1995 No 46	18 Dec 1995	18 Dec 1995
	—	
Discrimination (Amendment) Act 1996	1996 No 67	20 Dec 1996	ss 1-3:  20 Dec 1996
ss 4-24:  31 Dec 1996 (see Gaz 1996 No S350)
remainder:  8 Jan 1997 (see Gaz 1997 No S3)	pt III
(ss 16-25)	
Remuneration Tribunal (Consequential Amendments) Act 1997	1997 No 41	19 Sept 1997	ss 1 and 2:  19 Sept 1997
remainder:  23 Sept 1997 (see Gaz 1997 No S280)	—	
Building (Amendment) Act (No 2) 1998	1998 No 52	16 Nov 1998	ss 1-3:  16 Nov 1998
remainder:  4 Jan 1999 (see Gaz 1999 No S1)	—	
Statute Law Revision (Penalties) Act 1998	1998 No 54	27 Nov 1998	ss 1 and 2:  27 Nov 1998
remainder:  9 Dec 1998 (see Gaz 1998 No 49 p 1078)	—	
Courts and Tribunals (Audio Visual and Audio Linking) Act 1999	1999 No 22	14 Apr 1999	ss 1 and 2:  14 Apr 1999
remainder:  1 Sept 1999 (see Gaz 1999 No 35 p 447)	—	
Discrimination Amendment Act 1999	1999 No 60	10 Nov 1999	10 Nov 1999	—	
Children and Young People (Consequential Amendments) Act 1999	1999 No 64	10 Nov 1999	ss 1 and 2:  10 Nov 1999
remainder: 10 May 2000 (see s 2 (2))	—	
Law Reform (Miscellaneous Provisions) Act 1999	1999 No 66	10 Nov 1999	10 Nov 1999	—	
Discrimination Amendment Act (No 2) 1999	1999 No 83	23 Dec 1999	23 Dec 1999	—	
Justice and Community Safety Legislation Amendment Act 2000 
(No 2)	2000 No 2	9 Mar 2000	9 Mar 2000	—	
Justice and Community Safety Legislation Amendment Act 2000 
(No 3)
	2000 No 17	1 June 2000	1 June 2000	—	

4	Table of amendments

Provision	How affected†

s 4	am 1994 No 38; 1996 No 67; 2000 No 2 s 3 sch 
s 6	om 1993 No 44
	ins 1995 No 9
s 7	am 1993 No 25; 1994 Nos 1 and 11; 1999 No 60 s 4
s 9	am 1996 No 67
s 15	am 1993 No 25
s 25A	ins 1994 No 1
	am 1999 No 64 s 4 sch 2
s 26A	ins 1996 No 67
s 27	am 1999 No 83 s 4

s 29	am 1994 No 1
ss 30, 31	am 1996 No 67
s 32	am 2000 No 2 s 3 sch
hdg to div 2 of pt 4	am 1999 No 60 s 5
s 37	am 1999 No 60 s 6
s 39	am 1999 No 60 s 7
s 52	am 1998 No 52
s 53	am 1996 No 67
div 6 of pt 4	ins 1994 No 1
   (ss 57A-57M)
ss 57A-57C	ins 1994 No 1
s 57D	ins 1994 No 1
	exp R4 (LR s 15 (1) (o) (iv))
s 57E 	ins 1994 No 1
s 57F	ins 1994 No 1
	exp R4 (LR s 15 (1) (o) (iv))
ss 57G-57M	ins 1994 No 1
div 7 of pt 4 (s 57N)	ins 1994 No 11
s 57N	ins 1994 No 11
s 59	am 1995 No 9
s 67	am 1998 No 54
s 68	am 2000 No 2 s 3 sch
pt 7 (ss 70-94, 96-108)	om 1996 No 67
pt 7 (ss 70-108,	ins 1996 No 67
   108A-108O)
s 70	sub 1996 No 67
s 71	am 1994 No 60
	sub 1996 No 67
ss 72-79	sub 1996 No 67
s 80	am 1994 No 103
	sub 1996 No 67
ss 81-87	sub 1996 No 67
ss 88-90	am 1994 No 60
	sub 1996 No 67
ss 91, 92	sub 1996 No 67
s 93	am 1994 No 60
	sub 1996 No 67
	am 2000 No 2 s 3 sch
s 94	sub 1996 No 67
s 95	om 1994 No 60
	ins 1996 No 67
s 96	am 1995 No 46
	sub 1996 No 67
s 96A	ins 1999 No 22 s 12
	am 2000 No 17 s 3 sch 1
s 97	sub 1996 No 67
s 98	sub 1996 No 67
	am 1998 No 54
ss 99-102	sub 1996 No 67
s 103	sub 1996 No 67
	am 1998 No 54
ss 104-106 	sub 1996 No 67
s 107	sub 1996 No 67
	am 1998 No 54
s 108	sub 1996 No 67
s 108A	ins 1996 No 67
s 108B	ins 1996 No 67
	am 1998 No 54
ss 108C-108K 	ins 1996 No 67
ss 108L-108M	ins 1996 No 67
	am 1998 No 54
s 108N	ins 1996 No 67
	am 1998 No 54; 2000 No 2 s 3 sch
s 108O	ins 1996 No 67
	am 1998 No 54
s 109	am 1994 No 60
pt 9A (ss 110A-110F)	ins 1996 No 67
hdg to div 1 of pt 9A	ins 2000 No 2 s 3 sch
ss 110A	ins 1996 No 67
ss 110B	ins 1996 No 67
	sub 2000 No 2 s 3 sch
div 2 of pt 9A 	ins 2000 No 2 s 3 sch
    (ss 110C-110G)
ss 110C-110E	ins 1996 No 67
	sub 2000 No 2 s 3 sch
s 110F	ins 1996 No 67
	sub 1999 No 66 s 6 sch 3; 2000 No 2 s 3 sch
s 110G	ins 2000 No 2 s 3 sch
div 3 of pt 9A 	ins 2000 No 2 s 3 sch
    (s 110H)
s 110H	ins 2000 No 2 s 3 sch
div 4 of pt 9A 	ins 2000 No 2 s 3 sch
    (ss 110I, 110J)
ss 110I, 110J	ins 2000 No 2 s 3 sch
s 111	am 2000 No 2 s 3 sch
s 113	om 1997 No 41
s 118	sub 1994 No 38
s 119	om 1995 No 25
	ins 1996 No 67
	am 2000 No 2 s 3 sch
s 120	am 1996 No 67

s 121	sub 1996 No 67
	am 2000 No 2 s 3 sch
s 122	am 1996 No 67; 1998 No 54; 2000 No 2 s 3 sch 
s 123	om 1998 No 54
s 124	am 2000 No 2 s 3 sch
hdg to s 125	am 2000 No 2 s 3 sch
s 125	am 2000 No 2 s 3 sch
s 127	sub 2000 No 2 s 3 sch
s 128	ins 2000 No 2 s 3 sch

5	Table of earlier republications
Republication No	Amendments to	Republication date	
(1)	Act 1994 No 11	31 May 1994	
(2)	Act 1995 No 46	1 January 1996	
(3)	Act 1996 No 67	31 January 1997	
(4)	Act 1998 No 54	31 January 1999	
5	Act 2000 No 17	15 June 2000	
6	Penalties in this republication
The penalties in this republication have been revised in accordance with the Interpretation Act 1967, s 63.  The value of a penalty unit for an offence against this Act at the date of publication is, therefore—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.
See Interpretation Act 1967, s 33AA for additional information.

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