AUSTRALIAN CAPITAL TERRITORY
Discrimination Act 1991
No. 81 of 1991
TABLE OF PROVISIONS
Section
PART I—PRELIMINARY
1. Short title
2. Commencement
3. Objects
4. Interpretation
5. Complainants and respondents
6. Position of Crown
part ii—discrimination to which act applies
7. Grounds
8. What constitutes discrimination
9. Impairment—guide dogs etc.
PART III—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 IV—EXCEPTIONS TO UNLAWFUL
DISCRIMINATION
Division 1—General exceptions
24. Domestic duties
25. Residential care of children
26. Domestic accommodation etc.
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
or pregnancy
34. Genuine occupational qualifi cations
35. Employment of couple
36. Educational institutions for members of one sex
37. Pregnancy or childbirth
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 qualifi cations
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. Unjustifi able hardship
48. Genuine occupational qualifi cations
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, services or facilities
54. Discrimination concerning accommodation
55. Discrimination by clubs
56. Public health
57. Sport
PART V—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 VI—Racial Vilifi cation
65. Interpretation
66. Racial vilifi cation—unlawful
67. Serious racial vilifi cation—offence
PART VII—OTHER UNLAWFUL ACTS
68. Victimisation
69. Unlawful advertising
PART VIII—RESOLUTION OF COMPLAINTS

Division 1—Complaints
70. Complaints about unlawful acts
71. Complaints not requiring investigation or further investigation
72. Preliminary inquiries
Division 2—Investigations
73. Initiation
74. Parties to investigation
75. Single investigation of several complaints
76. Notice of investigation
77. Representative complaints
78. Ordinary complaints not precluded by representative complaints
79. Conduct of investigations
80. Conciliation
81. Compulsory conferences
82. Public hearings
83. Notice of public hearings
84. Appearance and representation at public hearings
85. Power to obtain information and documents
86. Taking evidence
87. Reliance on exceptions and exemptions
88. Commissioner may prohibit publication of evidence etc.
Division 3—Decisions of the Commissioner
89. Interim decisions
90. Decisions following investigation
91. Contravention of directions
92. Recovery of compensation
93. Vexatious complaints—expenses
94. Review of decisions
95. Notice of review rights
Division 4—Miscellaneous
96. Self incrimination etc.
97. Unlawful act not an offence
98. Unlawful act no basis for civil action
99. Aiding etc. unlawful acts
100. Conduct of directors, servants and agents
101. Protection from civil proceedings
102. Expenses of witnesses etc.

103. Failure to attend before Commissioner
104. Failure to furnish information etc.
105. Refusing to take oath etc.
106. Obstructing Commissioner etc.
107. Prohibited publications
108. False information
PART ix—EXEMPTIONS
109. Grant of exemptions
110. Review of decisions
PART x— DISCRIMINATION COMMISSIONER
111. Functions
112. Appointment
113. Remuneration and allowances
114. Resignation
115. Termination of appointment
116. Terms and conditions generally
117. Acting Commissioner
118. Staff
119. Annual report
120. Delegation
PART XI—MISCELLANEOUS
121. Immunity from suit
122. Secrecy
123. Corporations—penalties
124. Inter-governmental arrangements
125. Performance of functions under inter-governmental arrangement
126. Relationship to other laws
127. Regulations
AUSTRALIAN CAPITAL TERRITORY
Discrimination Act 1991

No. 81 of 1991
An Act to render certain kinds of discrimination unlawful
and to provide for related matters
[Notifi ed in ACT Gazette S143: 13 December 1991] The Legislative Assembly for the Australian Capital Territory enacts as
follows:
PART I—PRELIMINARY
Short title
1. This Act may be cited as the Discrimination Act 1991.
Commencement
2. (1) Section 1 and this section commence on the day on which this
Act is notifi ed in the Gazette .
(2) The remaining provisions of this Act commence on a day, or on
respective days, fi xed 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 notifi ed in the Gazette , that provision, by force of this subsection,
commences on the fi rst day after the end of that period.
Objects
3. 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;
(b) to eliminate, so far as possible, sexual harassment in those areas;
(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.
Interpretation
4. (1) In this Act, unless the contrary intention appears—
“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 of the Commonwealth;
“complaint” means a complaint made in accordance with section 70;
“compulsory conference” means a conference convened under section
81;
“contract worker” means a person who does work for another person
pursuant to a contract between the employer of the first-mentioned
person and that other person;
“de facto spouse”, in relation to a person, means a person of the opposite
sex to the fi rst-mentioned person who lives with the fi rst-mentioned
person as the husband or wife of that person on a bona fide
domestic basis although not legally married to that person;
“discriminate” has the meaning given by 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;
(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 fi nd employees or workers;
“impairment” means—
(a) total or partial loss of a bodily function;
(b) total or partial loss of a part of the body;
(c) malfunction of a part of the body;
(d) malformation or disfi gurement of a part of the body;
(e) the presence in the body of organisms that cause or are
capable of causing disease;
(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 VIII;
“man” means a member of the male sex irrespective of age;
“marital status” means the status or condition of being—
(a) single;
(b) married;

(c) married but living separately and apart from one’s spouse;
(d) divorced;
(e) widowed; or
(f) the de facto spouse of another person;
“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;
(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));
“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;
“public hearing” means a hearing under section 82;
“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 first-mentioned person by
blood, marriage, affi nity 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 identifi ed 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 77, as a representative
complaint;
“services” includes—
(a) services relating to banking, insurance or the provision of
grants, loans, credit or fi nance;
(b) services relating to entertainment, recreation or refreshment;
(c) services relating to transport or travel;
(d) services of any profession, trade or business;
(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 member of the Public Service;
(b) employed in an administrative unit of the Public Service
otherwise than as a member of the Public Service; or
(c) 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) identifi es himself or herself as a member of the other sex or

lives, or seeks to live, as a member of that other sex;
“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 profi t, but does not include
—
(a) a club;
(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.
Complainants and respondents
5. (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
one 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;

(b) in relation to the investigation of a complaint in respect of which there
is more than one 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.
Position of Crown
6. This Act binds the Crown.
part ii—discrimination to which act applies
Grounds
7. (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;
(g) race;
(h) religious or political conviction;
(i) impairment;
(j) association (whether as a relative or otherwise) with a person
identifi ed 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;
(b) a characteristic that persons with that attribute are generally presumed
to have;

(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.
What constitutes discrimination
8. (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;
(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.
Impairment—guide dogs etc.
9. (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 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 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 or other aid.

(4) In this section—
“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 III—UNLAWFUL DISCRIMINATION
Division 1—Discrimination in work
Applicants and employees
10. (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;
(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;
(b) by denying the employee access, or limiting the employee’s access, to
opportunities for promotion, transfer or training or to any other
benefi t associated with employment;
(c) by dismissing the employee; or
(d) by subjecting the employee to any other detriment.
Employees—religious practice
11. 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;

(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.
Commission agents
12. (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;
(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;
(b) by denying the agent access, or limiting the agent’s access, to
opportunities for promotion, transfer or training or to any other
benefi t associated with the position as an agent;
(c) by terminating the engagement; or
(d) by subjecting the agent to any other detriment.
Contract workers
13. 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;
(b) by not allowing the contract worker to work or continue to work;
(c) by denying the contract worker access, or limiting the contract
worker’s access, to any benefi t associated with the relevant work;
or
(d) by subjecting the contract worker to any other detriment.
Partnerships
14. (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
benefi t arising from being a partner in the partnership;
(b) by expelling the partner from the partnership; or
(c) by subjecting the partner to any other detriment.
Professional or trade organisations
15. (1) In this section—
“organisation” means an 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 benefi t provided by the organisation;
(b) by depriving the member of membership or varying the terms of
membership; or
(c) by subjecting the member to any other detriment.
Qualifying bodies
16. It is unlawful for an authority or body that is empowered to confer,
renew, extend, revoke or withdraw an authorisation or qualifi cation 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
qualifi cation;
(b) in the terms or conditions on which it is prepared to confer, renew or
extend the authorisation or qualifi cation;
(c) by revoking or withdrawing the authorisation or qualifi cation or
varying the terms or conditions on which it is held; or
(d) by subjecting the person to any other detriment.
Employment agencies
17. It is unlawful for an employment agency to discriminate against a
person—
(a) by refusing to provide the person with any of its services;
(b) in the terms or conditions on which it offers to provide the person
with any of its services;
(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
Education
18. (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
benefi t provided by the authority;
(b) by expelling the student; or
(c) by subjecting the student to any other detriment.
Access to premises
19. 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);
(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;
(c) in relation to the provision of means of access to such premises;
(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);
(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.
Goods, services and facilities
20. 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;
(b) in the terms or conditions on which the first-mentioned person
provides those goods or services or makes those facilities available
to the other person; or
(c) in the manner in which the first-mentioned person provides those
goods or services or makes those facilities available to the other
person.
Accommodation
21. (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;
(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 benefi t associated with accommodation occupied by
the other person;
(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.
Clubs
22. (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;
(b) by refusing or failing to accept the member’s application for a
particular class or type of membership;
(c) by denying the member access, or limiting the member’s access, to
any benefi t provided by the club;
(d) by depriving the member of membership or varying the terms of
membership; or
(e) by subjecting the member to any other detriment.
Requests etc. for information
23. 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 V,
VI or VII.
PART IV—EXCEPTIONS TO UNLAWFUL DISCRIMINATION
Division 1—General exceptions
Domestic duties
24. 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
first-mentioned person resides.
Residential care of children
25. 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.

Domestic accommodation etc.
26. 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;
(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.
Measures intended to achieve equality
27. Nothing in Part III 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.
Insurance
28. Nothing in Part III 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 first-mentioned
person to rely.
Superannuation
29. Nothing in Part III 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.

Acts done under statutory authority etc.
30. (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;
(b) a determination or direction made under a law of the Territory;
(c) an order of a court; or
(d) a direction by the Commissioner under section 89 or 90.
(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.
Voluntary bodies
31. Nothing in Part III 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 benefi ts, facilities or services to members of the
body.
Religious bodies
32. Nothing in Part III applies in relation to—
(a) the ordination or appointment of priests, ministers of religion or
members of any religious order;
(b) the training or education of persons seeking ordination or
appointment as priests, ministers of religion or members of a
religious order;
(c) the selection or appointment of persons to perform duties or 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.
Educational institutions conducted for religious purposes

33. (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 first-mentioned
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 first-mentioned 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 or pregnancy
Genuine occupational qualifi cations
34. (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 qualifi cation 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 qualifi cation, in relation to a particular position, to be a person
of a particular sex (in this subsection called 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;
(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;
(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;
(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 fi tting of clothing for persons of that sex;
(e) the duties of the position include the conduct of searches of the
clothing or bodies of persons of the relevant sex;
(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;
(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;
(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;
(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;
(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 qualifi cation to be a person of
a particular sex.
Employment of couple
35. Nothing in Part III renders unlawful discrimination against a person
on the grounds of marital status in relation to a job which is one of two to be

held by a couple in a bona fi de domestic relationship.
Educational institutions for members of one sex
36. 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.
Pregnancy or childbirth
37. Nothing in Part III renders it unlawful for a person to discriminate
against a man on the ground of sex by reason only of the fact that the first-
mentioned person grants to a woman rights or privileges in connection with
pregnancy or childbirth.
Services for members of one sex
38. Nothing in Part III 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.
Accommodation provided for employees, contract workers or students
39. (1) Nothing in Part III, so far as it applies in relation to
discrimination on the ground of sex, marital status or pregnancy, 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 III 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.
Clubs for members of one sex etc.
40. (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 benefi t
provided by the relevant club where—
(a) it is not practicable for the benefi t 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, benefi t 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 benefi t.
(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;
(b) the membership of the club, including any class or type of
membership;
(c) the nature of the benefi ts provided by the club;
(d) the opportunities for the use and enjoyment of those benefi ts by men
and women; and
(e) any other relevant circumstances.
Sport
41. (1) Nothing in Part III 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;
(b) the umpiring or refereeing of any sporting activity;

(c) the administration of any sporting activity; or
(d) any prescribed sporting activity.
Division 3—Exceptions relating to race
Genuine occupational qualifi cations
42. (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 qualifi cation 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 qualifi cation, 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;
(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;
(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;
(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 qualifi cation to be a person of
a particular race.
Clubs for members of one race etc.
43. (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 benefi ts for persons of a specifi ed 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;
(b) whether the persons primarily enjoying the benefi ts of membership
are of the race specifi ed in the principal object; and
(c) any other relevant circumstance.
Division 4—Exceptions relating to religious or political convictions
Religious workers
44. 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.
Political workers etc.
45. 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;

(b) as an offi cer or employee of, or a worker for, a political party;
(c) as a member of the electoral staff of a person; or
(d) in any other similar employment or work.
Religious educational institutions
46. 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
Unjustifi able hardship
47. In determining what constitutes unjustifi able hardship for the
purposes of this Division, all relevant circumstances of the particular case
shall be taken into account, including the nature of the benefi t 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 unjustifi able hardship.
Genuine occupational qualifi cations
48. 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.
Work related discrimination
49. (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 first-mentioned 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 unjustifi able hardship on the first-mentioned
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 first-mentioned 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.
Discrimination by qualifying bodies etc.
50. 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.
Discrimination by educational institutions
51. (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 unjustifi able hardship on the relevant
educational authority.
Discrimination concerning access to premises
52. (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
unjustifi able 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 permit in respect of the
erection of the building is granted under the Building Act 1972 .
Discrimination in the provision of goods, services or facilities
53. 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 unjustifi able hardship on
the person providing, or proposing to provide, the goods, services
or facilities.

Discrimination concerning accommodation
54. 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 unjustifi able hardship on the
person providing or proposing to provide the accommodation.
Discrimination by clubs
55. (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 benefi ts 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;
(b) whether the persons primarily enjoying the benefi ts 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 benefi t provided by a club where—
(a) because of the person’s impairment, the benefi t would have to be
provided to the person in a special manner; and
(b) the provision of the benefi t in that manner would impose unjustifi able
hardship on the club.
Public health
56. Nothing in Part III renders unlawful discrimination against a person
on the ground of impairment if the discrimination is necessary and reasonable
to protect public health.
Sport
57. (1) Nothing in Part III 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;
(b) the umpiring or refereeing of any sporting activity;
(c) the administration of any sporting activity; or
(d) any prescribed sporting activity.
PART V—SEXUAL HARASSMENT
Meaning of sexual harassment
58. (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.
Employment etc.
59. (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.
Educational institutions
60. (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.
Access to premises
61. 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.
Provision of goods, services and facilities
62. 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.
Accommodation
63. 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.
Clubs
64. 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 VI—Racial Vilifi cation
Interpretation

65. 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;
(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.
Racial vilifi cation—unlawful
66. (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);
(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,
scientifi c or research purposes or for other purposes in the public
interest, including discussion or debate about and expositions of
any act or matter.
Serious racial vilifi cation—offence
67. 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.

Penalty: $2,000.
PART VII—OTHER UNLAWFUL ACTS
Victimisation
68. (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;
(b) instituted proceedings against any person under this Act;
(c) given information or produced a document to a person exercising a
power or performing a function under or in relation to this Act;
(d) given information, produced a document or answered a question
when required to do so under this Act;
(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 first-mentioned 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.
Unlawful advertising
69. It is unlawful for a person to advertise any matter—
(a) that indicates an intention to do an act that is unlawful under Part III
or V or this Part; or
(b) that could reasonably be understood as indicating such an intention.
PART VIII—RESOLUTION OF COMPLAINTS
Division 1—Complaints
Complaints about unlawful acts
70. (1) A complaint alleging that a person has done an act that is
unlawful under Part  III, V, VII 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 one 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 is unable to make a complaint or authorise an agent to
act.
(3) Two or more persons may make a complaint jointly.
(4) A complaint shall be in writing specifying—
(a) particulars of the complaint; and
(b) so far as practicable, the respondent or each respondent to the
complaint.
Complaints not requiring investigation or further investigation
71. (1) The Commissioner may decide not to investigate a complaint, or
not to investigate a complaint any further, if the Commissioner believes on
reasonable grounds that—
(a) the complainant does not want the complaint to be investigated or
further investigated;
(b) the act, or the last of the series of acts, to which the complaint relates
became known to the complainant more than 12 months before the
complaint was made to the Commissioner;
(c) the act or acts to which the complaint relates is not unlawful under
Part III, V, VII or section 66;
(d) the complaint is frivolous, vexatious, misconceived or lacking in
substance or was not made in good faith;
(e) the subject matter of the complaint has already been dealt with
adequately by the Commissioner ;

(f) some other more appropriate remedy in relation to the subject matter
of the complaint is reasonably available to the complainant;
(g) where some other remedy has been sought in relation to the subject
matter of the complaint—the matter has been dealt with adequately;
or
(h) having regard to the complaint and any other relevant matter before
the Commissioner, it is not necessary to make any further
investigation.
(2) The Commissioner shall give notice in writing of a decision under
subsection (1), setting out the Commissioner’s reasons for the decision, to
the complainant, the respondent and any other person who is a party to any
investigation of the complaint.
Preliminary inquiries
72. The Commissioner may make inquiries of the respondent to a
complaint for the purpose of determining—
(a) whether the Commissioner has power to investigate the matter to
which the complaint relates; or
(b) whether the Commissioner may decide not to investigate the matter.
Division 2—Investigations
Initiation
73. (1) Subject to section 71, the Commissioner shall investigate each
complaint made in accordance with section 70.
(2) The Commissioner may, of his or her own motion, investigate
conduct that appears to the Commissioner to be unlawful under Part III, V,
VII or section 66.
Parties to investigation
74. (1) The parties to an investigation are the complainant (if any), the
respondent and any person joined by the Commissioner as a party to the
investigation.
(2) Where, 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, the

Commissioner may, by notice in writing given to the person, join that person
as a party to the investigation.
Single investigation of several complaints
75. The Commissioner may hold a single investigation in relation to 2 or
more complaints that arise out of the same or substantially the same
circumstances or subject matter.
Notice of investigation
76. Before commencing an investigation in relation to a matter the
Commissioner shall, in writing—
(a) give each party to the investigation notice that the matter is to be
investigated; and
(b) invite each party to present his or her case to the Commissioner.
Representative complaints
77. 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;
(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;
(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 proceed in that way.
Ordinary complaints not precluded by representative complaints
78. Nothing in section 77 prevents a person from lodging a complaint in
respect of a grievance that is the subject of a representative complaint.
Conduct of investigations
79. (1) Subject to this Part, an investigation shall be conducted in such

manner as the Commissioner thinks fi t.
(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, the Commissioner—
(a) shall make a thorough examination of all matters relevant to the
investigation;
(b) shall, subject to this Part, ensure that each party to the investigation 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).
(6) Subject to subsection (7), it is not necessary for a complainant or
respondent to be afforded an opportunity to appear before the Commissioner
in connection with an investigation.
(7) The Commissioner shall not give a direction under section 89 or 90
that is adverse to a complainant or respondent unless the Commissioner has
afforded that person an opportunity to appear before the Commissioner and
to make submissions, orally or in writing, or both, in relation to the relevant
matter.
Conciliation
80. Subject to this Part, the Commissioner shall endeavour to resolve
each complaint by conciliation.
Compulsory conferences
81. (1) For the purposes of this Part, the Commissioner may require—
(a) a party to an investigation; 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 given in writing 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 fi t.
(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, offi cer or employee of the body.
Public hearings
82. (1) For the purposes of this Part, the Commissioner may hold a
public hearing in relation to a matter if—
(a) the Commissioner believes on reasonable grounds that the matter
cannot be resolved by conciliation;
(b) the Commissioner has been unsuccessful in attempting to resolve the
matter by conciliation; or
(c) the Commissioner believes on reasonable grounds that the matter is
of such a nature that a public hearing is necessary or desirable in
order to resolve the matter.
(2) Subject to this Part, the procedure at a public hearing shall be
determined by the Commissioner.
Notice of public hearings
83. (1) Before commencing a public hearing, the Commissioner shall
give each party to the relevant investigation notice in writing of the time and
place at which the hearing is to commence.

(2) If a party to an investigation to whom notice of a public hearing has
been given fails to attend at the time and place specifi ed for the hearing, the
Commissioner may conduct the hearing in the absence of that party.
Appearance and representation at public hearings
84. (1) At a public hearing, each party to the relevant investigation is
entitled to appear personally, or where the party is a body of persons
(whether incorporated or unincorporated), by an offi cer, employee or agent
of the party.
(2) Except with the consent of the Commissioner—
(a) a natural person is not entitled to be represented at a public hearing by
another person; and
(b) a body of persons (whether incorporated or unincorporated) is not
entitled to be represented at a public hearing by a person other than
a member, offi cer or employee of the body.
Power to obtain information and documents
85. (1) Where the Commissioner believes on reasonable grounds that a
person is capable of providing information or producing a document relevant
to an investigation, the Commissioner may, by written notice given to the
person, require the person—
(a) to give the information to the Commissioner in writing signed by the
person or, in the case of a body corporate, by an offi cer of the body
corporate; or
(b) to produce the document to the Commissioner.
(2) The notice shall state—
(a) the place at which the information or document is to be given or
produced to the Commissioner; 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 believes on reasonable grounds that a
person has information relevant to an investigation, the Commissioner may,
by written notice given to the person, require the person to attend before the
Commissioner (whether at a compulsory conference, public hearing or
otherwise) at a time and place specifi ed in the notice to answer questions

relevant to the investigation.
(4) Where a document is produced to the Commissioner in accordance
with a requirement under subsection (1), the Commissioner—
(a) may take possession of, and may make a copy of, or take extracts
from, the document;
(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, to inspect the document at any reasonable time.
Taking evidence
86. (1) For the purposes of this Part, the Commissioner may take
evidence on oath or affi rmation and, for that purpose—
(a) may require a person attending before the Commissioner pursuant to
a requirement under section 81 or 85 to take an oath or make an
affi rmation; and
(b) may administer an oath or affi rmation to such a person.
(2) For the purposes of this Part, the Commissioner may require a
person attending before the Commissioner—
(a) to answer a question relevant to the investigation; or
(b) to produce a document relevant to the investigation.
(3) In the course of an investigation, the Commissioner may—
(a) receive in evidence the transcript of evidence in any proceedings
before a court or tribunal and draw any conclusions of fact from the
transcript that the Commissioner considers proper;
(b) adopt any finding, decision or judgment of a court or tribunal that
may be relevant to the investigation;
(c) adopt any findings or decisions of the Commissioner in any other
investigation that are relevant to the fi rst-mentioned investigation; or
(d) receive in evidence any report of the Commissioner that is relevant to
the investigation if a copy of the report has been made available to

every party to the investigation.
Reliance on exceptions and exemptions
87. (1) In considering whether an act is unlawful under Part III, V, VII
or section 66, the Commissioner is not required to have regard to any
exception provided for in Part IV or an exemption provided for in Part IX
unless the Commissioner 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, qualifi cation or exemption
under or by virtue of this Act, conduct would be unlawful under Part III, V,
VII or section 66, the onus of establishing the exception, excuse,
qualifi cation or exemption lies on the person seeking to rely on it.
Commissioner may prohibit publication of evidence etc.
88. (1) The Commissioner may direct that—
(a) any evidence given before the Commissioner;
(b) the contents of any document produced to the Commissioner; or
(c) any information that might enable a person who has appeared before
the Commissioner to be identifi ed;
shall not be published, or shall not be published except in such manner, or to
such persons, as the Commissioner specifi es.
(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 takes effect—
(a) on the day on which it is given; or
(b) if a later date of effect is specifi ed in the direction—on that later date.
Division 3—Decisions of the Commissioner
Interim decisions
89. (1) The Commissioner may, at any time during an investigation,
give such directions to a party as are necessary to preserve—

(a) the status quo between the parties; or
(b) the rights of the parties;
pending the completion of the investigation.
(2) A direction shall be—
(a) in writing; and
(b) accompanied by a written statement setting out the Commissioner’s
reasons for the direction.
(3) The validity of a direction shall not be taken to be affected by a
failure to comply with paragraph (2) (b).
Decisions following investigation
90. (1) In this section—
“unlawful conduct” means conduct that is unlawful under Part III, V,
VII or section 66.
(2) After completing an investigation, the Commissioner shall—
(a) dismiss any complaint that the Commissioner is satisfi ed has not been
substantiated; or
(b) if satisfi ed that the respondent has engaged in unlawful conduct—
(i) direct the respondent not to repeat or continue the unlawful
conduct;
(ii) direct 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;
(iii) except where the complaint has been dealt with as a
representative complaint—direct the respondent to pay to a
person a specifi ed amount by way of compensation for any
loss or damage suffered by the person as a result of the
unlawful conduct by the respondent; or
(iv) decide not to take any further action in the matter.
(3) A direction under subparagraph (2) (b) (iii) may include a direction
for payment of a specifi ed amount—

(a) authorised by the Commissioner in accordance with the prescribed
scale; or
(b) if there is no prescribed scale—determined by the Commissioner;
in respect of the expenses reasonably incurred by a person in connection with
the investigation.
(4) A direction under subparagraph (2) (b) (i), (ii) or (iii) shall be—
(a) in writing; and
(b) accompanied by a written statement setting out the Commissioner’s
reasons for the direction.
(5) Where the Commissioner gives a direction under subparagraph (2)
(b) (i), (ii) or (iii) in relation to an investigation initiated by a complaint, the
Commissioner shall give the complainant a notice in writing setting out the
terms of the direction and the Commissioner’s reasons for the direction.
(6) The validity of a direction under subparagraph (2) (b) (i), (ii) or (iii)
shall not be taken to be affected by a failure to comply with paragraph (4) (b)
or subsection (5).
(7) Where the Commissioner dismisses a complaint or decides not to
take any further action in a matter, the Commissioner shall give each party to
the relevant investigation notice in writing of the decision setting out the
Commissioner’s reasons for the decision.
Contravention of directions
91. A person who, without reasonable excuse, contravenes a direction
under section 89 or subparagraph 90 (2) (b) (i) or (ii) is, in respect of each
day during which the contravention continues (including the day of a
conviction under this section or any subsequent day), guilty of a separate
offence punishable on conviction by a fi ne not exceeding $500.
Recovery of compensation
92. Where, under subparagraph 90 (2) (b) (iii), the Commissioner
directs a respondent to pay an amount to a person, the amount is a debt due
by the respondent to the person.
Vexatious complaints—expenses
93. (1) Where the Commissioner dismisses a complaint which the
Commissioner believes on reasonable grounds is vexatious or frivolous or

was not made in good faith, the Commissioner may, by notice in writing
given to the complainant, direct the complainant to pay to a respondent a
specifi ed amount—
(a) authorised by the Commissioner in accordance with the prescribed
scale; or
(b) if there is no prescribed scale—determined by the Commissioner;
in respect of the expenses reasonably incurred by the respondent in relation
to the investigation of the complaint.
(2) The amount specifi ed in a direction is a debt due by the complainant
to the respondent.
Review of decisions
94. Application may be made to the Administrative Appeals Tribunal for
review of a direction or other decision of the Commissioner under section 71,
88, 89, 90 or 93.
Notice of review rights
95. (1) Where the Commissioner gives a direction under section 88, 89,
90 or 93, the notice conveying the direction shall be accompanied by a
statement in writing to the effect that, subject to the Administrative Appeals
Tribunal Act 1989 , an application may be made to the Administrative
Appeals Tribunal for a review of the direction.
(2) Where, under section 71 or 90, the Commissioner is required to give
notice in writing to a person in respect of the making of a decision, the notice
shall include a statement to the effect that, subject to the Administrative
Appeals Tribunal Act 1989 , an application may be made to the
Administrative Appeals Tribunal for a review of the decision.
(3) The validity of a direction referred to in subsection (1), or a decision
referred to in subsection (2), shall not be taken to be affected by a failure to
comply with subsection (1) or (2).
Division 4—Miscellaneous
Self incrimination etc.
96. (1) A person is not excused from providing information, producing
a document or answering a question when required to do so under section 85
or 86 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 104 or 108;
(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 VIII 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 of the State of New South
Wales in its application in the Territory.
Unlawful act not an offence
97. An act that is unlawful under Part III, V, VII or section 66 does not
constitute an offence.
Unlawful act no basis for civil action
98. 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 III, V, VII or section 66.
Aiding etc. unlawful acts
99. A person who causes, instructs, induces, aids or permits another
person to do an act that is unlawful under Part III, V, VII or section 66 shall,
for the purposes of this Act, be taken also to have done the act.
Conduct of directors, servants and agents
100. (1) Where, for the purposes of this Act, it is necessary to establish
the state of mind of a body corporate or a natural person in relation to
particular conduct, it is suffi cient 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 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.
Protection from civil proceedings
101. 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 or a member of the staff of the
Commissioner, 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 85 or 86.
Expenses of witnesses etc.
102. A person attending before the Commissioner pursuant to a
requirement under section 81 or 85 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 in accordance with the
prescribed scale; or
(b) if there is no prescribed scale—such amount as the Commissioner
determines.
Failure to attend before Commissioner
103. A person who is required under section 81 or 85 to attend before
the Commissioner 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.
Penalty: $2,000.

Failure to furnish information etc.
104. A person shall not, without reasonable excuse, fail to—
(a) furnish information;
(b) produce a document; or
(c) answer a question;
when required to do so under section 85 or 86.
Penalty: $2,000.
Refusing to take oath etc.
105. A person shall not, without reasonable excuse, fail to take an oath
or make an affi rmation when required to do so under subsection 86 (1).
Penalty: $2,000.
Obstructing Commissioner etc.
106. A person shall not, without reasonable excuse—
(a) obstruct the Commissioner or a member of the staff of the
Commissioner in the exercise of a power or the performance of a
duty or function under or in relation to this Act; or
(b) disrupt proceedings before the Commissioner.
Penalty: $2,000.
Prohibited publications
107. A person shall not, without reasonable excuse, publish matter in
contravention of a direction under section 88.
Penalty: $5,000.
False information
108. A person shall not, in purported compliance with a requirement
under section 85 or 86—
(a) give the Commissioner, or a member of the staff of the
Commissioner, information that the person knows to be false or
misleading in a material particular; or
(b) give the Commissioner, or a member of the staff of the

Commissioner, a document containing information that the person
knows to be false or misleading in a material particular.
Penalty: $5,000 or imprisonment for 6 months, or both.
PART IX—EXEMPTIONS
Grant of exemptions
109. (1) The Commissioner may, on application in writing, grant the
applicant an exemption from the operation of a specifi ed provision of Part III,
V or VII.
(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 ;
(b) is subject to such conditions, if any, as are specifi ed in the notice; and
(c) has effect according to its terms for such period not exceeding 3 years
as is specifi ed 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 setting out the Commissioner’s reasons for the
refusal.
(6) A notice referred to in subsection (4) or (5) shall contain a statement
to the effect that, subject to the Administrative Appeals Tribunal Act 1989 ,

application may be made to the Administrative Appeals Tribunal for a review
of the decision by or on behalf of any person or persons whose interests are
affected by the decision.
(7) The validity of a decision under subsection (1) or (2) shall not be
taken to have been affected by a failure to comply with subsection (5) or (6).
Review of decisions
110. Application may be made to the Administrative Appeals Tribunal
for review of a decision of the Commissioner under section 109.
PART X—DISCRIMINATION COMMISSIONER
Functions
111. (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 of the Commonwealth;

(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 performance of the Commissioner’s
functions.
Appointment
112. (1) There shall be a Discrimination Commissioner, who shall be
appointed by the Executive.
(2) The Commissioner holds offi ce, subject to this Part, for the period
(not exceeding 7 years) specifi ed in the instrument of appointment, but is
eligible for reappointment.
Remuneration and allowances
113. (1) The Commissioner shall be paid such remuneration and
allowances as are prescribed.
(2) Subsection (1) does not apply—
(a) in relation to remuneration—if there is a subsisting determination
relating to the remuneration to be paid to the Commissioner; or
(b) in relation to an allowance of a particular kind—if there is a
subsisting determination relating to an allowance of that kind to be
paid to the Commissioner.
(3) In subsection (2)—
“determination” means a determination of the Remuneration Tribunal of
the Commonwealth.
Resignation
114. The Commissioner may resign by writing given to the Minister.
Termination of appointment
115. The Executive may terminate the appointment of the Commissioner
for misbehaviour or physical or mental incapacity.
Terms and conditions generally
116. The Commissioner holds offi ce 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.
Acting Commissioner
117. (1) The Minister may appoint a person to act as Commissioner—
(a) during a vacancy in the offi ce of Commissioner (whether or not an
appointment has previously been made to that offi ce); 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 offi ce;
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
offi ce of Commissioner is not in doubt merely because—
(a) the occasion for the appointment had not arisen;
(b) there was a defect or irregularity in connection with the appointment;
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
Staff
118. The staff required to assist the Commissioner shall be public
servants made available by the Head of Administration.
Annual report
119. (1) The Commissioner shall furnish to the Minister for
presentation to the Legislative Assembly a report relating to the activities of
the Commissioner during each fi nancial year.
(2) A report under this section is a periodic report for the purposes of
section 30A of the Interpretation Act 1967 .
Delegation
120. 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 72, 73, 81 or 82.
PART XI—MISCELLANEOUS

Immunity from suit
121. No action, suit or proceeding lies against a person who is or has
been—
(a) the Commissioner;
(b) a member of the staff of the Commissioner; or
(c) a person acting under the direction or authority of the Commissioner
or a member of the staff of the Commissioner;
in relation to an act done or omitted to be done in good faith in the exercise or
purported exercise of a power, or the performance of a duty or function,
under or in relation to this Act.
Secrecy
122. (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 Commissioner;
(b) a member of the staff of the Commissioner; or
(c) a person authorised to exercise a power or perform a duty or
function 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 power or the performance
of a duty or function 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 power, or the performance of a duty or function,
as a person to whom this section applies, under or in relation to this Act or
another Act.
Penalty: $5,000 or 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.
Corporations—penalties
123. Where a body corporate is convicted of an offence against this Act,
the penalty that the court may impose is a fine not exceeding 5 times the
maximum amount that, but for this section, the court could impose as a
pecuniary penalty for that offence.
Inter-governmental arrangements
124. (1) The Minister may make an arrangement with a Commonwealth
Minister in relation to—
(a) the performance on a joint basis of any of the functions of the
Commonwealth Commission;
(b) the performance by the Commissioner of any of the functions of the
Commonwealth Commission; or
(c) the performance 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 .
Performance of functions under inter-governmental arrangement
125. An act done by or in relation to the Commonwealth Commission
under an arrangement made under section 124 in relation to the performance
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.
Relationship to other laws
126. 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.
Regulations
127. (1) The Executive may make regulations, not inconsistent with this
Act, prescribing matters—
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
(2) Without limiting the generality of subsection (1), the regulations may
make provision excepting persons, activities or other things from the
operation of specifi ed provisions of Part III, V or VII of this Act.
[Presentation speech made in Assembly on 17 October 1991] © Australian Capital Territory 2003