Australian Capital Territory Current Acts

DISCRIMINATION ACT 1991

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Dictionary  
   3.      Notes  
   4.      Objects of Act  
   4AA.    Interpretation beneficial to people with protected attributes  
   4A.     Meaning of doing an act  
   5AA.    Meaning of disability  
   5AB.    Liability of person relying on assistance animal etc  
   5A.     Meaning of potential pregnancy  
   5B.     Unjustifiable hardship  
   6.      MLAs as employers  
   6A.     Offences against Act—application of Criminal Code etc  

   PART 2--DISCRIMINATION TO WHICH ACT APPLIES

   7.      Protected attributes  
   8.      Meaning of discrimination  

   PART 3--UNLAWFUL DISCRIMINATION

           Division 3.1--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 3.2--Discrimination in other areas

   18.     Education  
   19.     Access to premises  
   20.     Goods, services and facilities  
   21.     Accommodation  
   22.     Clubs  
   23.     Requests etc for information  
   23A.    Sporting activities  
   23B.    Competitions  
   23C.    Administration of territory laws etc  

   PART 4--EXCEPTIONS TO UNLAWFUL DISCRIMINATION

           Division 4.1--General exceptions

   24.     Domestic duties  
   25.     Residential care of children  
   25A.    Adoption  
   26.     Domestic accommodation etc  
   26A.    Preselection by employment agencies  
   27.     Measures intended to achieve equality  
   28.     Insurance and superannuation  
   30.     Acts done under statutory authority etc  
   31.     Clubs and voluntary bodies  
   32.     Religious bodies  
   33A.    Discrimination relating to accommodation, goods or services etc  
   33B.    Genuine occupational qualifications  
   33C.    Inherent requirements of employment  
   33D.    Competitions—age  

           Division 4.2--Exceptions about sex, relationship status, pregnancy or breastfeeding

   35.     Employment of couple  
   36.     Educational institutions for members of one sex  
   37.     Pregnancy, childbirth or breastfeeding  
   38.     Services for members of one sex  
   39.     Accommodation provided for employees, contract workers or students  
   41.     Sporting activities—sex  

           Division 4.4--Exceptions relating to religious or political convictions

   44.     Religious workers  
   45.     Political workers etc  
   46.     Religious educational institutions  

           Division 4.5--Exceptions relating to disability

   50.     Discrimination by qualifying bodies etc  
   51.     Discrimination by educational institutions  
   52.     Discrimination relating to access to premises  
   53.     Discrimination in the provision of goods and services  
   54.     Discrimination relating to accommodation  
   56.     Public health  
   57.     Sporting activities—disability  

           Division 4.6--Exceptions relating to age

   57B.    Youth wages  
   57C.    Employment and work—health and safety  
   57E.    Education—minimum-age admissions  
   57G.    Legal incapacity  
   57H.    Benefits and concessions  
   57J.    Goods, services and facilities—health and safety  
   57K.    Recreational tours and accommodation  
   57M.    Sporting activities—age  

           Division 4.7--Exceptions relating to profession, trade, occupation or calling

   57N.    Discrimination in profession, trade, occupation or calling  

           Division 4.8--Exceptions relating to employment status

   57O.    Discrimination relating to employment status  

           Division 4.9--Exceptions relating to immigration status

   57P.    Discrimination relating to immigration status  

           Division 4.10--Exception relating to physical features

   57R.    Health and safety—physical features  

   PART 5--SEXUAL HARASSMENT

   58.     Meaning of sexual harassment for pt 5  
   59.     Employment etc  
   60.     Educational institutions  
   61.     Access to premises  
   62.     Provision of goods, services and facilities  
   63.     Accommodation  
   64.     Clubs  
   65.     Sporting activities—sexual harassment  
   66.     Competitions—sexual harassment  
   67.     Administration of territory laws etc—sexual harassment  

   PART 7--OTHER UNLAWFUL ACTS

   67A.    Unlawful vilification  
   68.     Victimisation  
   69.     Unlawful advertising  

   PART 8--GENERAL PRINCIPLES ABOUT UNLAWFUL ACTS

   70.     Onus of establishing exception etc  
   71.     Unlawful act not an offence  
   72.     Unlawful act no basis for civil action  
   73.     Aiding etc unlawful acts  

   PART 9--POSITIVE DUTIES

   74.     Positive duty to make reasonable adjustments  
   75.     Positive duty to eliminate discrimination, sexual harassment and unlawful  
   76.     Exception or exemption for positive duties  

   PART 10--EXEMPTIONS

   109.    Grant of exemptions  
   110.    Review by ACAT  

   PART 12--MISCELLANEOUS

   121.    Secrecy  
   121A.   Acts and omissions of representatives  
   122.    Relationship to other laws  
   123.    Regulation-making power  
           DICTIONARY
           ENDNOTES