Victorian Repealed Acts Victorian Repealed ActsThis legislation has been repealed.
Definitions
4. Definitions
(1) In this Act-
accommodation includes-
(a) business premises;
(b) a house or flat;
(c) a hotel or motel;
(d) a boarding house or hostel;
(e) a caravan or caravan site;
(f) a mobile home or mobile home site;
(g) a camping site; appointed member, of the Board, means a member of the
Board other than the Commissioner;
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attribute means an attribute in section 6; Board means Board of the Commission
established under section 163;
breastfeeding includes the act of expressing milk;
carer means a person on whom another person is wholly or substantially
dependent for ongoing care and attention, other than a person who provides
that care and attention wholly or substantially on a commercial basis; Chief
Conciliator means the Chief Conciliator within the meaning of this Act as in
force immediately before the commencement of section 5 of the Equal
Opportunity Amendment (Governance) Act 2009;
child means a person under the age of 18 years;
club, except in section 78, means a social, recreational, sporting or
community service club, or a community service organisation-
(a) that occupies any Crown land; or
(b) that directly or indirectly receives any financial assistance from the
State or a municipal council;
Commission means the Victorian Equal Opportunity and Human Rights Commission
continued in existence by section 160;
Commissioner means the Commissioner appointed under section 170;
complainant means a person who lodges a complaint or on whose behalf a
complaint is lodged;
complaint means a complaint lodged under section 105;
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detriment includes humiliation and denigration;
discrimination has the meaning given in Part 2; domestic partner of a person
means-
(a) a person who is in a registered domestic relationship with the person;
or
(b) a person to whom the person is not married but with whom the person is
living as a couple on a genuine domestic basis (irrespective of
gender);
educational authority means the person or body administering an educational
institution;
educational institution means a school, college, university or other
institution at which education or training is provided;
employee includes-
(a) a person employed under a contract of service, whether or not under a
federal agreement or award;
(b) a person employed under the Public Administration Act 2004 or
appointed to a statutory office;
(c) a person engaged under a contract for services;
(d) a person who is engaged to perform any work the remuneration for which
is based wholly or partly on commission- but does not include an
unpaid worker or volunteer;
employer includes-
(a) a person who employs another person under a contract of service,
whether or not under a federal agreement or award;
(b) a person who engages another person under a contract for services;
(c) a person who engages another person to perform any work the
remuneration for which is based wholly or partly on commission- but
does not include a person who employs another person on an unpaid or
voluntary basis;
employment includes-
(a) employment under a contract of service, whether or not under a federal
agreement or award;
(b) employment under the Public Administration Act 2004 or under a
statutory appointment;
(c) engagement under a contract for services;
(d) work that is remunerated wholly or partly on commission- but does not
include work on a voluntary or unpaid basis; employment activity means
an employee in his or her individual capacity-
(a) making a reasonable request to his or her employer, orally or in
writing, for information regarding his or her employment entitlements;
or
(b) communicating to his or her employer, orally or in writing, the
employee's concern that he or she has not been, is not being or will
not be, given some or all of his or her employment entitlements;
employment agent means a person who carries on a business of providing
services for the purpose of finding employment for people seeking to be
employed or procuring employees for people seeking to employ them, or both;
employment entitlements, in relation to an employee, means the employee's
rights and entitlements under an applicable-
(a) contract of service; or
(aa) federal agreement or award; or
(ab) minimum wage order under the Fair Work Act 2009 of the Commonwealth;
or
(b) contract for services; or
(c) Act or enactment; or
(d) law of the Commonwealth;
enactment means a rule, regulation, by-law, local law, order, Order in
Council, proclamation or other instrument of a legislative character;
expedited complaint means a complaint that has been expedited under section
119 or 121; Fair Work Australia has the same meaning as in the
Fair Work Act 2009 of the Commonwealth;
firm has the same meaning as in the Partnership Act 1958;
gender identity means-
(a) the identification on a bona fide basis by a person of one sex as a
member of the other sex (whether or not the person is recognised as
such)-
(i) by assuming characteristics of the other sex, whether by means of
medical intervention, style of dressing or otherwise; or
(ii) by living, or seeking to live, as a member of the other sex; or
(b) the identification on a bona fide basis by a person of indeterminate
sex as a member of a particular sex (whether or not the person is
recognised as such)-
(i) by assuming characteristics of that sex, whether by means of medical
intervention, style of dressing or otherwise; or
(ii) by living, or seeking to live, as a member of that sex;
guide dog means a dog that is trained to assist a person who has a visual,
hearing or mobility impairment;
home, in relation to a person, means a private residence of that person;
impairment means-
(a) total or partial loss of a bodily function;
(b) the presence in the body of organisms that may cause disease;
(c) total or partial loss of a part of the body;
(d) malfunction of a part of the body, including-
(i) a mental or psychological disease or disorder;
(ii) a condition or disorder that results in a person learning more slowly
than people who do not have that condition or disorder;
(e) malformation or disfigurement of a part of the body; industrial
activity means-
(a) being or not being a member of, or joining, not joining or refusing to
join, an industrial organisation or industrial association;
(b) establishing or being involved in establishing an industrial
organisation or forming or being involved in forming an industrial
association;
(c) organising or promoting or proposing to organise or promote a lawful
activity on behalf of an industrial organisation or industrial
association;
(d) encouraging, assisting, participating in or proposing to encourage,
assist or participate in a lawful activity organised or promoted by an
industrial organisation or industrial association;
(e) not participating in or refusing to participate in a lawful activity
organised or promoted by an industrial organisation or industrial
association;
(f) representing or advancing the views, claims or interests of members of
an industrial organisation or industrial association; industrial
association means a group of employees or employers, formed formally
or informally to represent or advance the views, claims or interests
of the employees or employers in a particular industry, trade,
profession, business or employment, not including an industrial
organisation; industrial organisation means-
(a) an organisation of employees;
(b) an organisation of employers;
(c) any other organisation established for the purposes of people who
carry on a particular industry, trade, profession, business or
employment- registered or recognised under a State or Commonwealth
enactment;
lawful sexual activity means engaging in, not engaging in or refusing to
engage in a lawful sexual activity; lawyer means an Australian lawyer within
the meaning of the Legal Profession Act 2004;
marital status means a person's status of being-
(a) single;
(b) married;
(c) a domestic partner;
(d) married but living separately and apart from his or her spouse;
(e) divorced;
(f) widowed;
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member of staff, of the Commission, means a member of the staff referred to in
section 175;
occupational qualification means an authorisation or qualification that is
needed for, or facilitates-
(a) the practice of a profession;
(b) the carrying on of a trade or business;
(c) the engaging in of any other occupation or employment;
parent includes-
(a) step-parent;
(b) adoptive parent;
(c) foster parent;
(d) guardian;
parental status means the status of being a parent or not being a parent;
party, in relation to a complaint, means the complainant or the respondent;
person includes an unincorporated association and, in relation to a natural
person, means a person of any age;
physical features means a person's height, weight, size or other bodily
characteristics;
political belief or activity means-
(a) holding or not holding a lawful political belief or view;
(b) engaging in, not engaging in or refusing to engage in a lawful
political activity;
President means the President of the Tribunal;
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qualifying body means a person or body that is empowered to confer, renew or
extend an occupational qualification;
race includes-
(a) colour;
(b) descent or ancestry;
(c) nationality or national origin;
(d) ethnicity or ethnic origin;
(e) if 2 or more distinct races are collectively referred to as a race-
(i) each of those distinct races;
(ii) that collective race;
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relative, in relation to a person, means-
(a) a spouse or domestic partner of that person;
(b) a parent or grandparent of that person or of a spouse or domestic
partner of that person;
(c) a child (whether or not under the age of 18 years) or grandchild of
that person or of a spouse or domestic partner of that person;
(d) a brother or sister of that person or of a spouse or domestic partner
of that person;
(e) a child (whether or not under the age of 18 years) of a brother or
sister of that person or of a brother or sister of a spouse or
domestic partner of that person;
(f) a child (whether or not under the age of 18 years) of a brother or
sister of a parent of that person or of a brother or sister of a
parent of a spouse or domestic partner of that person;
religious belief or activity means-
(a) holding or not holding a lawful religious belief or view;
(b) engaging in, not engaging in or refusing to engage in a lawful
religious activity;
respondent means a person about whom a complaint has been lodged under section
105;
services includes, without limiting the generality of the word-
(a) access to and use of any place that members of the public are
permitted to enter;
(b) banking services, the provision of loans or finance, financial
accommodation, credit guarantees and insurance;
(c) provision of entertainment, recreation or refreshment;
(d) services connected with transportation or travel;
(e) services of any profession, trade or business, including those of an
employment agent;
(f) services provided by a government department, public authority, State
owned enterprise or municipal council- but does not include education
or training in an educational institution;
sexual orientation means homosexuality (including lesbianism), bisexuality or
heterosexuality;
spouse of a person means a person to whom the person is married;
State owned enterprise has the same meaning as in the
State Owned Enterprises Act 1992;
terms includes conditions;
Tribunal means Victorian Civil and Administrative Tribunal established by the
Victorian Civil and Administrative Tribunal Act 1998; work arrangements means-
(a) in the case of a person offered employment, arrangements-
(i) that would apply to the person as an employee; or
(ii) applying to the workplace; or
(b) in the case of an employee, arrangements applying to the employee or
the workplace; or
(c) in the case of a contract worker (within the meaning of section 15),
arrangements applying to the contract worker or the workplace of the
principal (within the meaning of that section); or
(d) in the case of a person invited to become a partner, arrangements-
(i) that would apply to the person as a partner; or
(ii) applying to the firm's workplace; or
(e) in the case of a partner, arrangements applying to the partner or the
firm's workplace.
(2) For the purposes of the definition of domestic partner in subsection (1)-
(a) registered domestic relationship has the same meaning as in the
Relationships Act 2008; and
(b) in determining whether persons who are not in a registered domestic
relationship are domestic partners of each other, all the
circumstances of their relationship are to be taken into account,
including any one or more of the matters referred to in section 35(2)
of the Relationships Act 2008 as may be relevant in a particular case.
(3) A reference in the definition of employee, employer, employment or
employment entitlements in subsection (1) to a federal agreement or award is a
reference to-
(a) an enterprise agreement made under the Fair Work Act 2009 of the
Commonwealth; or
(b) an agreement-based transitional instrument within the meaning of the
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
of the Commonwealth; or
(c) a modern award within the meaning of the Fair Work Act 2009 of the
Commonwealth; or
(d) a determination of Fair Work Australia made under the
Fair Work Act 2009 of the Commonwealth; or
(e) an award-based transitional instrument within the meaning of the
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
of the Commonwealth; or
(f) a transitional minimum wage instrument within the meaning of the
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
of the Commonwealth.