South Australia

Equal Opportunity (Genetic Impairment) Amendment Bill 2006

A Bill For

An Act to amend the Equal Opportunity Act 1984.

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Amendment provisions

Part 2—Amendment of Equal Opportunity Act 1984

4 Amendment of long title

5 Amendment of section 5—Interpretation

6 Substitution of heading to Part 5

7 Amendment of section 66—Criteria for establishing discrimination on the ground of impairment

8 Amendment of section 71—Exemption

9 Amendment of section 73—Discrimination by qualifying bodies

10 Amendment of section 78—Superannuation schemes and provident funds

11 Amendment of section 79—Exemption in relation to salary etc

12 Amendment of section 85—Exemption in relation to insurance etc

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Equal Opportunity (Genetic Impairment) Amendment Act 2006.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Equal Opportunity Act 1984

4—Amendment of long title

Long title—delete "or intellectual" and substitute:

, intellectual or genetic

5—Amendment of section 5—Interpretation

(1) Section 5(1), definition of impairment—delete the definition and substitute:

genetic impairment means a genetic predisposition or susceptibility to a disease or disorder that has not manifested itself in any symptoms of a disease or disorder;

impairment means—

(a) physical impairment; or

(b) intellectual impairment; or

(c) genetic impairment;

(2) Section 5(1), definition of physical impairment—after "intellectual" insert:

or genetic

6—Substitution of heading to Part 5

Heading to Part 5—delete the heading and substitute:

Part 5—Prohibition of discrimination on the ground of physical impairment, intellectual impairment or genetic impairment

7—Amendment of section 66—Criteria for establishing discrimination on the ground of impairment

(1) Section 66—after "on the ground of" insert:

physical or intellectual

(2) Section 66(a)—before "impairment", wherever occurring, insert:

physical or intellectual

(3) Section 66(b)(i)—delete "an impairment", wherever occurring, and substitute:

a physical or intellectual impairment

(4) Section 66(c)—delete "an impairment", wherever occurring, and substitute:

a physical or intellectual impairment

(5) Section 66(d)(i)—before "impairment" insert:

physical or intellectual

(6) Section 66 (d)(ii)—before "impairment" insert:

physical or intellectual

(7) Section 66—after its present contents as amended by this section (now to be designated as subsection (1)) insert:

(2) For the purposes of this Act, a person discriminates on the ground of genetic impairment if he or she treats another unfavourably because of the other's genetic impairment or presumed genetic impairment.

8—Amendment of section 71—Exemption

(1) Section 71(1)—after "does not apply" insert:

to discrimination on the ground of physical or intellectual impairment

(2) Section 71(2)—after "on the ground of" insert:

physical or intellectual

9—Amendment of section 73—Discrimination by qualifying bodies

Section 73(2)—after "on the ground of" insert:

physical or intellectual

10—Amendment of section 78—Superannuation schemes and provident funds

(1) Section 78(1)—after "on the ground of" insert:

physical or intellectual

(2) Section 78—after subsection (1) insert:

(1a) It is unlawful for a person who provides a superannuation scheme or provident fund to discriminate against a person on the ground of genetic impairment—

(a) by providing a scheme or fund that discriminates or, if the other person were to become a member of the scheme or fund would discriminate, or require or authorise discrimination against the other person; or

(b) in the manner in which the scheme or fund is administered.

(3) Section 78(2)—delete "Subsection (1) does" and substitute:

Subsections (1) and (1a) do

11—Amendment of section 79—Exemption in relation to salary etc

Section 79—after "persons who have" insert:

physical or intellectual

12—Amendment of section 85—Exemption in relation to insurance etc

Section 85—after "on the ground of" insert:

physical or intellectual