2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mrs Helen Cross)
Discrimination Amendment Bill 2002

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Act amended	2
	4	Interpretation for Act
Section 4, new definition of potential pregnancy	2
	5	New section 5A	2
	6	Grounds
Section 7 (1) (fa)	3
	7	Requests etc for information
Section 23	3
	8	New section 23 (2)	3
	9	New section 33A, division 4.1	3

2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mrs Helen Cross)
Discrimination Amendment Bill 2002

A Bill for
An Act to amend the Discrimination Act 1991 

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Discrimination Amendment Act 2002.
2	Commencement
This Act commences on the day after its notification day.
3	Act amended
This Act amends the Discrimination Act 1991.
4	Interpretation for Act
Section 4, new definition of potential pregnancy
insert
potential pregnancy—see section 5A.
5	New section 5A
insert
5A	Meaning of potential pregnancy
A reference in this Act to potential pregnancy of a woman includes a reference to—
	(a)	the fact that the woman is or may be capable of bearing children; and
	(b)	the fact that the woman has expressed a desire to become pregnant; and
	(c)	the fact that the woman is likely, or is perceived as being likely, to become pregnant.
6	Grounds
Section 7 (1) (fa)
substitute
	(fa)	potential pregnancy;
	(fb)	breastfeeding;
7	Requests etc for information
Section 23
insert
(1)
8	New section 23 (2)
insert
	(2)	Without limiting subsection (1), it is unlawful to request or require a person to provide information about an attribute mentioned in section 7 (1) if, in the same or substantially the same circumstances, the same information would not be requested or required about a person who does not have that attribute.
9	New section 33A, division 4.1
insert
33A	Requesting information—health and safety at work
Section 23 does not make it unlawful to discriminate, in relation to employment or work, by requesting or requiring information if the discrimination is necessary to comply with reasonable health and safety requirements relevant to the employment or work.
Example
A woman who applies for work or works as a radiologist may be asked whether she is pregnant or intends to become pregnant if that information is requested in order to ensure the woman’s unborn child is not endangered by exposure to x‑rays.

Endnote
Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2002