Northern Territory Consolidated Acts

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ANTI-DISCRIMINATION ACT - SECT 4

Interpretation

    (1)     In this Act:

"accommodation" includes:

        (a)     business premises; and

        (b)     a house or flat; and

        (c)     a hotel or motel; and

        (d)     a boarding house or hostel; and

        (e)     a caravan or caravan site; and

        (f)     a mobile home or mobile home site; and

        (g)     a camping site; and

        (h)     a building or construction site.

"acting in an official capacity", in relation to a person, means the person is exercising powers or performing functions under, or otherwise related to the administration of, this Act.

"advertisement" means every form of advertisement or notice, however displayed, and whether or not displayed to the public, and includes an advertisement:

        (a)     in a newspaper or other publication; and

        (b)     by television or radio; and

        (c)     by display of notices, signs, labels or goods; and

        (d)     by distribution of samples, circulars, catalogues, price lists or other material; and

        (e)     by exhibition of pictures, models or films.

"artificial fertilisation procedure" means any artificial insemination procedure or in vitro fertilisation procedure.

"artificial insemination procedure" means a procedure where human sperm are introduced, by a non-coital method, into the reproductive system of a woman but which is not, and is not an integral part of, an in vitro fertilisation procedure.

"attribute" means an attribute referred to in section 19.

"child" means a person who has not attained the age of 18 years.

"club" means an incorporated or unincorporated association of not less than 30 members that:

        (a)     is established for social, literary, cultural, political, sporting, athletic, recreational or community service purposes or any other similar lawful purpose; and

        (b)     provides and maintains its facilities, wholly or partly, from funds of the association; and

        (c)     sells or supplies liquor for consumption on its premises.

"Commissioner" means the person appointed under section 6 to be the Anti-Discrimination Commissioner and includes a person appointed under section 11 to act as the Commissioner, when so acting.

"committee of management", in relation to a club, means the group or body of people, by whatever name called, that manages the affairs of the club.

"complainant" means the person making a complaint and includes a person joined as a complainant under section 73.

"complaint" means a complaint made under Part 6.

"conciliation" means a conciliation under Part 6, Division 3.

"document" includes:

        (a)     paper or other material on which there is writing; and

        (b)     paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and

        (c)     an article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device.

"educational authority" means the body or person administering an educational institution.

"educational institution" means a school, college, university or other institution at which any form of training or instruction is provided and includes:

        (a)     a training institution within the meaning of the Training Guarantee (Administration) Act 1990 of the Commonwealth; and

        (b)     a place at which training or instruction is provided by an employer.

"evaluate", in relation to a complaint, means to decide whether the complaint has a reasonable prospect of success at a hearing by the Tribunal.

"guide dog" means a dog that is trained to provide assistance to a person who has a visual, hearing or mobility impairment.

"impairment" includes:

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

        (b)     the presence in the body of an organism which has caused or is capable of causing disease; and

        (c)     the presence in the body of organisms impeding, capable of impeding or which may impede the capacity of the body to combat disease; and

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

        (e)     the malfunction or dysfunction of a part of the body; and

        (f)     the malformation or disfigurement of a part of the body; and

        (g)     reliance on a guide dog, wheelchair or other remedial device; and

        (h)     physical or intellectual disability; and

        (j)     psychiatric or psychological disease or disorder, whether permanent or temporary; and

        (k)     a condition, malfunction or dysfunction which results in a person learning more slowly than another person without that condition, malfunction or dysfunction.

"insurance" includes:

        (a)     an annuity; and

        (b)     life assurance; and

        (c)     accident insurance; and

        (d)     illness insurance.

"in vitro fertilisation procedure" means a procedure which:

        (a)     is consequent on the removal of an egg from the body of a woman, and carried out for one or more of the following purposes:

            (i)     the fertilisation of the egg, within or outside her body;

            (ii)     the keeping or use of the egg with intent to derive from it an egg in the process of fertilisation or an embryo;

            (iii)     the keeping or use of the egg in the process of fertilisation or embryo so derived; or

        (b)     is directed at the introduction into the body of a woman of:

            (i)     an egg, whether produced by the woman or by another woman; or

            (ii)     an egg in the process of fertilisation or an embryo, whether produced by the woman or by another woman and whether or not fertilisation began outside the body into which it is introduced.

"irrelevant criminal record", in relation to a person, means:

        (a)     a spent record within the meaning of the Criminal Records (Spent Convictions) Act ; or

        (ab)     a record expunged under the Expungement of Historical Homosexual Offence Records Act 2018 ; or

        (b)     a record relating to arrest, interrogation or criminal proceedings where:

            (i)     no further action was taken in relation to the arrest, interrogation or charge of the person; or

            (ii)     no charge has been laid; or

            (iii)     the charge was dismissed; or

            (iv)     the prosecution was withdrawn; or

            (v)     the person was discharged, whether or not on conviction; or

            (vi)     the person was found not guilty; or

            (vii)     the person's finding of guilt was quashed or set aside; or

            (viii)     the person was granted a pardon; or

            (ix)     the circumstances relating to the offence for which the person was found guilty are not directly relevant to the situation in which the discrimination arises.

"man" means a member of the male sex irrespective of age.

"marital status" means whether a person is:

        (a)     single; or

        (b)     married; or

        (c)     married but living separately and apart from the person's spouse; or

        (d)     married, or has been married, to a particular person; or

        (e)     divorced; or

        (f)     widowed; or

        (g)     a de facto partner; or

        (h)     the de facto partner, or was the de facto partner, of a particular person.

"near relative", in relation to a person, means:

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

        (b)     the spouse or de facto partner of the person or a person referred to in paragraph (a).

"parent" includes a step-parent, adoptive parent, foster parent, guardian and a person who provides care, nurturing and support to a child.

"parenthood" means whether or not a person is a parent.

"pregnancy" includes child bearing capacity.

"proceeding" includes a conciliation and an evaluation of a complaint.

"prohibited conduct" means:

        (a)     discrimination, other than discrimination exempted from the application of this Act; or

        (b)     sexual harassment; or

        (c)     victimisation; or

        (d)     discriminatory advertising; or

        (e)     seeking unnecessary information; or

        (f)     failure to accommodate a special need; or

        (g)     aiding a contravention of this Act.

"race" includes:

        (a)     the nationality, ethnic or national origin, colour, descent or ancestry of a person; and

        (b)     that a person is or has been an immigrant.

"respondent", in relation to a complaint, means the person alleged in the complaint to have engaged in prohibited conduct and includes a person joined as a respondent under section 73.

services include:

        (a)     access to or use of any land, place, vehicle or facility that members of the public are, or a section of the public is, permitted to use; and

        (b)     banking or the supply of loans, finance, credit guarantees, hire purchase schemes or any other type of financial accommodation; and

        (c)     services connected with the selling or leasing of an interest in land; and

        (d)     recreation, including entertainment, sports, tourism and the arts; and

        (e)     the supply of refreshments; and

        (f)     services connected with transport and travel; and

        (g)     services of any profession, occupation, trade or business; and

        (h)     services provided by a government, statutory corporation, a company or other body corporate in which a government has a controlling interest, or a local government council;

but does not include insurance and superannuation.

"sexuality" means the sexual characteristics or imputed sexual characteristics of heterosexuality, homosexuality, bisexuality or transsexuality.

"supervision", in relation to a child, means to oversee or superintend the execution of or performance of work or other tasks by the child.

"Tribunal" means the Civil and Administrative Tribunal.

"woman" means a member of the female sex irrespective of age.

"work" includes work:

        (a)     in a relationship of employment (including full-time, part-time, casual, permanent and temporary employment); and

        (b)     under a contract for services; and

        (c)     remunerated in whole or in part on a commission basis; and

        (d)     under a statutory appointment; and

        (e)     by a person with an impairment in a sheltered workshop; and

        (f)     under a guidance program, vocational training program or other occupational training or retraining program.

    (2)     For the purposes of this Act, a person may be discriminated against on the ground of race even if the person is, in addition to that race, of one or more other races.

    (3)     For the purposes of this Act, trade union or employer association activity shall be construed to include membership or non membership of a trade union or employer association and a lack or absence of trade union or employer association activity.

    (4)     For the purposes of this Act, religious belief or activity shall be construed to include Aboriginal spiritual belief or activity.

    (5)     For the purposes of this Act, political opinion, affiliation or activity shall be construed to include a lack or absence of political opinion, affiliation or activity.

    (6)     For the purposes of this Act, refusing or failing to do an act shall be deemed to be the doing of an act and a reference to an act includes a reference to such a refusal or failure.

    (7)     Unless the contrary intention appears, a reference in this Act to a person includes a reference to an unincorporated association.

    (8)     A reference in this Act to the provision of a service does not include the carrying out of an artificial fertilisation procedure.



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