2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act to amend the Discrimination Act 1991

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

This Act is the Discrimination Amendment Act 2002 (No 2).

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Discrimination Act 1991.

domestic partner, of a person, means a person who lives with the person in a domestic partnership, and includes a spouse.

domestic partnership means the relationship between 2 people, whether of a different or the same sex, living together as a couple on a genuine domestic basis.

impairment—see section 5AA (Meaning of impairment).

relationship status means the status or condition of being—

(a) single; or

(b) married; or

(c) married but living separately and apart from one’s spouse; or

(d) divorced; or

(e) widowed; or

(f) the domestic partner (other than the spouse) of someone else.

relative, of a person, means—

(a) a person who is related to the person by blood, marriage, affinity or adoption; or

(b) a domestic partner of the person or of a person mentioned in paragraph (a).

(1) In this Act:

impairment means—

(a) total or partial loss of a bodily function; or

(b) total or partial loss of a part of the body; or

(c) malfunction of a part of the body; or

(d) malformation or disfigurement of a part of the body; or

(e) the presence in the body of organisms that cause or are capable of causing disease; or

(f) an illness or condition which impairs a person’s thought processes, perception of reality, emotions or judgment or which results in disturbed behaviour; or

(g) an intellectual disability or developmental delay.

(2) Except in section 49 (Work related discrimination) and section 50 (Discrimination by qualifying bodies etc), impairment includes an impairment—

(a) that the person has, or is thought to have (whether or not the person in fact has the impairment); or

(b) that the person had in the past, or is thought to have had in the past (whether or not the person in fact had the impairment); or

(c) that the person will have in the future, or is thought will have in the future (whether or not the person in fact will have the impairment).

(d) relationship status;

Nothing in section 21 renders

(1) Section 21 does not make

(2) In this section:

near relative, of a person, means—

(a) a parent, child, grandparent, grandchild, brother or sister of the person; or

(b) a domestic partner of the person or of a person mentioned in paragraph (a).

Part 3 does not make unlawful discrimination against a person on the grounds of relationship status in relation to a job that is 1 of 2 jobs to be held by a couple in a domestic partnership.

(1) Part 3, in its application in relation to discrimination on the ground of sex, relationship status, pregnancy or breastfeeding, does not make it unlawful for an employer or principal who provides accommodation to employees or contract workers to provide accommodation of different standards to different employees or contract workers if—

(1) Section 10 (1) (b) or (2) (c), section 12 (1) (b) or (2) (c), section 13 (b) or section 14 (1) (a), (2) (a) or (3) (b) do not make unlawful discrimination by a person (the first person) against someone else (the second person) on the ground of impairment if the first person believes on reasonable grounds that, because of an impairment—

(a) the second person is, or would be, unable to carry out work that is essential to the position concerned; or

(b) the second person requires, or would require, to carry out the work, services or facilities that would not be required by a person who does not have the impairment and providing the services or facilities would impose unjustifiable hardship on the first person.

(3) In this section:

impairment, of a person, includes an impairment that the person has.

Note Impairment is defined for the Act in s 5AA (1).

Nothing in section 16 renders

(1) Section 16 does not make

(2) In this section:

impairment, of a person, includes an impairment that the person has.

Note Impairment is defined for the Act in s 5AA (1).

(1) If a complaint has been resolved by conciliation, the commissioner must help the parties make a written record (the agreement) of the agreement they have reached.

(2) Each party must sign the agreement.

(3) The commissioner must—

(a) give each party a copy of the agreement; and

(b) tell the parties that the commissioner will not take any further action about the complaint to which the agreement relates; and

(c) give the agreement to the tribunal.

(4) The agreement is enforceable as if it were an order of the tribunal.

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