Commonwealth Consolidated Acts

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SEX DISCRIMINATION ACT 1984 - SECT 21

Education

             (1)  It is unlawful for an educational authority to discriminate against a person on the ground of the person's sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, or breastfeeding:

                     (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 on the ground of the student's sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, or breastfeeding:

                     (a)  by denying the student access, or limiting the student's access, to any benefit provided by the educational authority;

                     (b)  by expelling the student; or

                     (c)  by subjecting the student to any other detriment.

             (3)  Nothing in this section applies to or in respect of a refusal or failure to accept a person's application for admission as a student at an educational institution where:

                     (a)  the educational institution is conducted solely for students of a different sex from the sex of the applicant; or

                     (b)  except in the case of an institution of tertiary education--education or training at the level at which the applicant is seeking education or training is provided by the educational institution only or mainly for students of a different sex from the sex of the applicant.

             (4)  This section binds the Crown in right of a State.



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