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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Equal Opportunity (Domestic Violence) Amendment
Bill 2019
A BILL FOR
An Act to amend the
Equal
Opportunity Act 1984
.
Contents
Part 2—Amendment of Equal Opportunity
Act 1984
3Amendment of section 85T—Criteria for
establishing discrimination on other grounds
4Amendment of section 85U—Application of
Division
5Amendment of section 85ZA—Application of
Division
6Amendment of section 8ZD—Application of
Division
7Amendment of section 85ZF—Discrimination
by person disposing of interest in land
8Amendment of section 85ZG—Discrimination
in provision of goods and services
9Amendment of section 85ZH—Discrimination
in relation to accommodation
10Amendment of section
85ZI—Charities
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Equal Opportunity (Domestic Violence)
Amendment Act 2019.
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
3—Amendment
of section 85T—Criteria for establishing discrimination on other
grounds
(1) Section 85T(1)—after paragraph (f) insert:
or
(g) discriminate on the ground of domestic violence,
(2) Section 85T—after subsection (7) insert:
(8) For the purposes of this Act, a person discriminates on the ground of
domestic violence—
(a) if the person treats another unfavourably because the other person has
been, or is being, affected by domestic violence (including, to avoid doubt,
treatment arising out of a perception held by the person that persons affected
by domestic violence exhibit particular characteristics or behaviours);
or
(b) if the person treats another unfavourably because a family member or
other associate of the other person has been, or is being, affected by domestic
violence; or
(c) if the person treats a person affected by domestic violence
unfavourably because the other person does not, or can not, comply with a
particular requirement and—
(i) the nature of the requirement is such that it is significantly more
likely that persons who are not affected by domestic violence could reasonably
be expected to comply with the requirement than persons who are so affected;
and
(ii) it is not, in the circumstances of the case, reasonable to expect the
person to comply with the requirement.
(9) For the purposes of this section, a reference to a person who is
affected by domestic violence will be taken not to include a
reference to a person affected by domestic violence committed by the
person.
4—Amendment
of section 85U—Application of Division
Section 85U—delete "or religious appearance or dress" and
substitute:
, religious appearance or dress or domestic violence
5—Amendment
of section 85ZA—Application of Division
Section 85ZA—delete "or caring responsibilities" and
substitute:
, caring responsibilities or domestic violence
6—Amendment
of section 8ZD—Application of Division
Section 85ZD—delete "or religious appearance or dress" and
substitute:
, religious appearance or dress or domestic violence
7—Amendment
of section 85ZF—Discrimination by person disposing of interest in
land
Section 85ZF—delete "or caring responsibilities" and
substitute:
, caring responsibilities or domestic violence
8—Amendment
of section 85ZG—Discrimination in provision of goods and
services
Section 85ZG—delete "or caring responsibilities" and
substitute:
, caring responsibilities or domestic violence
9—Amendment
of section 85ZH—Discrimination in relation to
accommodation
Section 85ZH—delete "or caring responsibilities" and
substitute:
, caring responsibilities or domestic violence
10—Amendment
of section 85ZI—Charities
Section 85ZI(a)—after subparagraph (iv) insert:
(v) persons affected by domestic violence; or