Victorian Repealed Acts Victorian Repealed ActsThis legislation has been repealed.
No. 42 of 1995
Version incorporating amendments as at 28 April 2010
TABLE OF PROVISIONS
Section Page
PART 1-PRELIMINARY
1. Purposes
2. Commencement
3. Objectives
4. Definitions
5. Act binds the Crown
PART 2-WHAT IS PROHIBITED DISCRIMINATION?
6. Attributes
7. Meaning of discrimination
8. Direct discrimination
9. Indirect discrimination
10. Motive is irrelevant to discrimination
11. Discrimination by acting with others and by not acting
12. Exceptions and exemptions
PART 3-WHEN IS DISCRIMINATION PROHIBITED?
Division 1-Discrimination in employment
13. Discrimination against job applicants
13A. Employer must accommodate responsibilities as parent or
carer of person offered employment
14. Discrimination against employees
14A. Employer must accommodate employee's responsibilities as parent or carer
15. Discrimination against contract workers
15A. Principal must accommodate contract worker's responsibilities
as parent or carer
16. Exception-domestic or personal services
17. Exception-genuine occupational requirements
18. Exception-political employment
19. Exception-welfare services
20. Exception-family employment
21. Exception-small business
22. Exception-special services or facilities
23. Exception-reasonable terms of employment
24. Exception-standards of dress and behaviour
25. Exception-care of children
26. Exception-compulsory retirement of judicial officers
27. Exception-youth wages
27A. Exception-early retirement schemes
27B. Exception-gender identity
28. Exemption-single sex accommodation
29. Repealed
Division 2-Discrimination in employment-related areas
30. Discrimination in establishing firms
31. Discrimination by firms
31A. Firm must accommodate responsibilities as parent or carer of person invited to become a partner or of a partner
32. Exception-special services or facilities
33. Exception-reasonable terms of partnership
34. Discrimination by industrial organisations
35. Discrimination by qualifying bodies
36. Exception-reasonable terms of qualification
Division 3-Discrimination in education
37. Discrimination by educational authorities
38. Exception-educational institutions for particular groups
39. Exception-special services or facilities
40. Exception-standards of dress and behaviour
41. Exception-age-based admission schemes and age quotas
Division 4-Discrimination in the provision of goods and services
and disposal of land
42. Discrimination in the provision of goods and services
43. Exception-insurance
44. Exception-credit providers
45. Exception-supervision of children
46. Exception-special manner of providing a service
47. Discrimination in the disposal of land
48. Exception-disposal by will or gift
Division 5-Discrimination in accommodation
49. Discrimination in offering to provide accommodation
50. Discrimination in providing accommodation
51. Discrimination by refusing to allow alterations
52. Discrimination by refusing to allow guide dogs
53. Exception-accommodation unsuitable for children
54. Exception-shared accommodation
55. Exception-welfare measures
56. Exception-accommodation for students
57. Exception-accommodation for commercial sexual services
58. Application of this Division
Division 6-Discrimination by clubs and club members
59. Discrimination against applicants for membership
60. Discrimination against club members
61. Exception-clubs for disadvantaged people or minority
cultures
62. Exception-clubs and benefits for particular age groups
63. Exception-separate access to benefits for men and women
Division 7-Discrimination in sport
64. Definitions
65. Discrimination in sport
66. Exception-competitive sporting activities
Division 8-Discrimination in local government
67. Discrimination by councillors
68. Exception-political belief or activity
PART 4-GENERAL EXCEPTIONS TO AND EXEMPTIONS FROM THE PROHIBITION OF DISCRIMINATION
69. Things done with statutory authority
70. Things done to comply with orders of courts and tribunals
71. Pensions
72. Superannuation-existing fund conditions
73. Superannuation-new fund conditions
74. Charities
75. Religious bodies
76. Religious schools
77. Religious beliefs or principles
78. Private clubs
79. Legal incapacity and age of majority
80. Protection of health, safety and property
81. Age benefits and concessions
82. Welfare measures and special needs
83. Exemptions by the Tribunal
84. Exemptions to allow compulsory retirement in the public sector
PART 5-PROHIBITION OF SEXUAL HARASSMENT
85. What is sexual harassment?
86. Harassment by employers and employees
87. Harassment in common workplaces
88. Harassment by partners
89. Harassment in industrial organisations
90. Harassment by members of qualifying bodies
91. Harassment in educational institutions
92. Harassment in the provision of goods and services
93. Harassment in the provision of accommodation
94. Harassment in clubs
95. Harassment in local government
PART 6-PROHIBITION OF OTHER CONDUCT AND VICARIOUS LIABILITY FOR DISCRIMINATION
Division 1-Victimisation
96. Prohibition of victimisation
97. What is victimisation?
Division 2-Authorising or assisting discrimination
98. Prohibition of authorising or assisting discrimination
99. Liability of person who authorises or assists
Division 3-Discriminatory requests for information
100. Prohibition on requesting discriminatory information
101. Exception-information required for non-discriminatory purposes
Division 4-Vicarious liability
102. Vicarious liability of employers and principals
103. Exception to vicarious liability
PART 7-COMPLAINTS AND THEIR RESOLUTION
Division 1-Making a complaint
104. Who may complain?
105. How to complain
106. Commissioner must assist complainants
Division 2-Procedure after a complaint is made
107. Commissioner must notify respondent
108. Commissioner may decline to entertain some complaints
109. Respondent may apply to Tribunal to strike out complaint or
any part of complaint
110. Commissioner may dismiss a stale complaint
111. Minister may refer a complaint direct to Tribunal
112. Commissioner to refer complaints for conciliation
113. What happens if conciliation is inappropriate?
Division 3-Conciliation of complaints
114. Conciliation by the Commissioner
115. Conciliation agreements
116. Evidence of conciliation is inadmissible
117. What happens if conciliation fails or is inappropriate?
118. Complaints about the conduct of conciliation
Division 4-Expedited complaints
119. Application to have a complaint expedited
120. Grounds for expediting a complaint
121. Review of Commissioner's determination
122. Time limits for conciliation of expedited complaints
123. Time limit for referring expedited complaints to Tribunal
124. Party may apply for referral to Tribunal without conciliation
Division 5-Special complaints
125. What is a special complaint?
126. Factors to be considered by Tribunal in proceedings involving special complaints
127-130 Repealed
Division 6-Interim orders
131. Tribunal may make interim orders before hearing
132, 133 Repealed
Division 7-Jurisdiction of the Tribunal
134. When may the Tribunal hear a complaint?
134A. Who are the parties to a proceeding?
135. Time limits for expedited complaints
136. What may the Tribunal decide?
Division 8-Miscellaneous
137. Complaint etc. made to Commission taken to be made to Commissioner
138-140 Repealed
Divisions 8-10-Repealed
141-155 Repealed
PART 8-INVESTIGATIONS BY THE COMMISSION AND TRIBUNAL
156. How may an investigation be initiated?
157. What matters may be investigated?
158. How is an investigation conducted?
159. Inquiries and orders by the Tribunal
PART 9-VICTORIAN EQUAL OPPORTUNITY AND HUMAN RIGHTS COMMISSION
Division 1-The Commission
160. Continuation of Commission
161. Functions and powers of Commission
162. Commission's educative and research functions
Division 2-The Board
163. Constitution and functions of Board
164. Terms of appointment of appointed members
165. Resignation and removal
166. Acting appointments
167. Payment of members
168. Procedure of Board
169. Effect of vacancy or defect
Division 3-The Commissioner
170. Appointment and role of Commissioner
171. Terms of appointment
172. Resignation and removal
172A. Repealed
173. Acting Commissioner
174. Payment of Commissioner
Division 4-General provisions
175. Staff of Commission
176. Delegation
177. Secrecy
178. Protection from liability
179. Annual reports
180-194 Repealed
PART 10-OFFENCES
Division 1-Discriminatory advertising
195. Offence of discriminatory advertising
196. Defence
197. Proceedings for the offence of discriminatory advertising
Division 2-Other offences
198-200 Repealed
201. Compliance with notice to attend or produce documents
202. Obstructing Commission
203. False or misleading information
204. Protection against self-incrimination
205. Offences are to be dealt with summarily
206. Who may bring proceedings for offences?
PART 11-GENERAL
207. Review of Victorian legislation
208. Proceedings against unincorporated associations
209. Contravention does not create civil or criminal liability
210. Protection of people giving evidence and information
211. Supreme Court-limitation of jurisdiction
212. Regulations
PART 12-REPEALS, AMENDMENTS AND TRANSITIONAL PROVISIONS
213. Definitions
214. Repealed
215. Commission members to continue in office
216. Repealed
217. Dealing with complaints already lodged
218. Dealing with new complaints
219. Current investigations and inquiries
220. Repealed
221. Temporary exemptions continue
222. References to the Board
222A. Transitional
223. Transitional provisions-Equal Opportunity (Breastfeeding) Act 2000.
224. Transitional provisions-Equal Opportunity (Gender
Identity and Sexual Orientation) Act 2000.
225. Transitional provision-Equal Opportunity and Tolerance Legislation (Amendment) Act 2006.
226. Transitional provision-Justice Legislation (Further Amendment) Act 2006.
227. Transitional provisions-Equal Opportunity Amendment (Governance) Act 2009.
228. Additional transitional provision-Equal Opportunity Amendment (Governance) Act 2009.
PART 13-Repealed
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1, 2-Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details