Commonwealth Consolidated Acts

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SEX DISCRIMINATION ACT 1984 - SECT 25

Clubs

  (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 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 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 person who is a member of the club on the ground of the member's sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, or breastfeeding:

  (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 benefit 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.

  (3)   Nothing in subsection   (1) or (2) renders it unlawful to discriminate against a person on the ground of the person's sex if membership of the club is available to persons of a different sex only.

  (4)   Nothing in subsection   (1), other than paragraph   (1)(a), or subsection   (2) renders it unlawful to discriminate against a person on the ground of the person's sex if the discrimination occurs in relation to the use or enjoyment of any benefit provided by the club where:

  (a)   it is not practicable for the benefit to be used or enjoyed:

  (i)   simultaneously; or

  (ii)   to the same extent;

    by both men and women; and

  (b)   either:

  (i)   the same, or an equivalent, benefit 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 benefit.

  (5)   In determining any matter relating to the application of subsection   (4), 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 benefits provided by the club;

  (d)   the opportunities for the use and enjoyment of those benefits by men and women; and

  (e)   any other relevant circumstances.



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