SEX DISCRIMINATION ACT 1984
Table of Provisions
PART I--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Objects
- 4 Interpretation
- 4A Meaning of family responsibilities
- 4B Meaning of potential pregnancy
- 5 Sex discrimination
- 5A Discrimination on the ground of sexual orientation
- 5B Discrimination on the ground of gender identity
- 5C Discrimination on the ground of intersex status
- 6 Discrimination on the ground of marital or relationship status
- 7 Discrimination on the ground of pregnancy or potential pregnancy
- 7AA Discrimination on the ground of breastfeeding
- 7A Discrimination on the ground of family responsibilities
- 7B Indirect discrimination: reasonableness test
- 7C Burden of proof
- 7D Special measures intended to achieve equality
- 8 Act done for 2 or more reasons
- 8A Workplace environment that is hostile for 2 or more reasons
- 9 Application of Act
- 10 Operation of State and Territory laws
- 11 Operation of State and Territory laws that further objects of relevant international instruments
- 12 Crown to be bound
- 13A Application of the Criminal Code
PART II--PROHIBITION--OF DISCRIMINATION ETC.
Division 1--Discrimination in work
Division 2--Discrimination in other areas
- 21 Education
- 22 Goods, services and facilities
- 23 Accommodation
- 24 Land
- 25 Clubs
- 26 Administration of Commonwealth laws and programs
- 27 Requests for information
Division 3--Harassment etc.
- 28A Meaning of sexual harassment
- 28AA Meaning of harassment on the ground of sex
- 28AB Meaning of worker in a business or undertaking
- 28B Employment, partnerships etc.
- 28C Members of bodies with power to grant etc. occupational qualifications etc.
- 28D Registered organisations
- 28E Employment agencies
- 28F Educational institutions
- 28G Goods, services and facilities
- 28H Provision of accommodation
- 28J Land
- 28K Clubs
- 28L Commonwealth laws and programs
- 28M Hostile workplace environments
Division 4--Exemptions
- 30 Certain discrimination on ground of sex not unlawful
- 31 Pregnancy, childbirth or breastfeeding
- 32 Services for members of one sex
- 34 Accommodation provided for employees or students
- 35 Residential care of children
- 36 Charities
- 37 Religious bodies
- 38 Educational institutions established for religious purposes
- 39 Voluntary bodies
- 40 Acts done under statutory authority
- 41 Insurance
- 41A New superannuation fund conditions
- 41B Existing superannuation fund conditions
- 42 Sport
- 43A Requests for information and keeping of records: not allowing for identifying as being neither male nor female
- 44 Commission may grant exemptions
- 45 Review by Administrative Appeals Tribunal
- 46 Notice of decisions to be published
- 47 Effect of exemptions
Division 5--Victimisation
PART IIA--DUTY--TO ELIMINATE UNLAWFUL SEX DISCRIMINATION ETC.
- 47B Simplified outline of this Part
- 47C Duty to eliminate unlawful sex discrimination etc.
PART III--FUNCTIONS--OF THE AUSTRALIAN HUMAN RIGHTS COMMISSION
Division 1--Preliminary
- 48 Functions of the Commission
PART IV--OFFENCES
- 85 Unlawful act not offence unless expressly so provided
- 86 Advertisements
- 87 Failure to provide actuarial or statistical data
- 92 Particulars of complaints not to be communicated
- 94 Victimisation
- 95 Obstruction etc.
PART V--SEX--DISCRIMINATION COMMISSIONER
- 96 Sex Discrimination Commissioner
- 97 Terms and conditions of appointment
- 98 Remuneration of Commissioner
- 99 Leave of absence
- 100 Outside employment
- 101 Resignation
- 102 Termination of appointment
- 103 Acting Commissioner
PART VI--MISCELLANEOUS
- 104 Delegation
- 105 Liability of persons involved in unlawful acts
- 106 Vicarious liability etc.
- 107 Acts done on behalf of bodies
- 108 Commonwealth deemed to be employer
- 109 State taken to be employer
- 110 Unlawful act not basis of civil action unless expressly so provided
- 111 Protection from civil actions
- 112 Non - disclosure of private information
- 113 Information stored otherwise than in written form
- 114 Commissioner to furnish information
- 116 Regulations