Western Australian Current Acts Western Australian Current Acts (1) In this Act,
unless the contrary intention appears —
accommodation includes residential and business
accommodation;
age , in relation to a person, means chronological
age of the person;
charitable benefits means benefits for purposes
that are exclusively charitable according to the law in force in Western
Australia;
club means an association (whether incorporated or
unincorporated) of not less than 30 persons associated together for social,
literary, cultural, political, sporting, athletic or other lawful purposes
that —
(a)
provides and maintains its facilities, in whole or in part, from the funds of
the association; and
(b)
sells or supplies liquor for consumption on its premises;
commission agent means a person who does work for
another person as the agent of that person and who is remunerated, whether in
whole or in part, by commission;
Commissioner means the Commissioner for Equal
Opportunity appointed under section 75;
committee of management in relation to a club,
organisation or incorporated association, means the group or body of persons
(however described) that manages the affairs of that club, organisation or
incorporated association, as the case may be;
complainant in relation to a complaint, means the
person or each of the persons by whom that complaint is lodged;
complaint means —
(a) a
complaint, whether or not a representative complaint, lodged under section 83;
and
(b) a
matter referred to the Tribunal for inquiry as a complaint pursuant to
section 107;
contract worker means a person who does work for
another person pursuant to a contract between the employer of the
first-mentioned person and that other person;
Director means the Director of Equal Opportunity
in Public Employment appointed under section 142;
document includes any book, register or other
record of information, however compiled, recorded or stored;
educational authority means a body or person
administering an educational institution;
educational institution means a school, college,
university or other institution at which education or training is provided;
employment includes —
(a)
part-time and temporary employment; and
(b) work
under a contract for services; and
(c) work
as a State employee;
employment agency means any person who or body
that, whether for payment or not, assists persons to find employment or other
work or assists employers to find employees or workers;
family responsibility or family status , in
relation to a person, means —
(a)
having responsibility for the care of another person, whether or not that
person is a dependant, other than in the course of paid employment; or
(b) the
status of being a particular relative; or
(c) the
status of being a relative of a particular person;
Fines Enforcement Registrar means the Registrar
appointed under the Fines, Penalties and Infringement Notices Enforcement Act
1994 section 7(1);
functions includes powers, authorities and duties;
gender reassigned person means a person who has
been issued with a recognition certificate under the
Gender Reassignment Act 2000 or a certificate which is an equivalent
certificate for the purposes of that Act;
impairment in relation to a person, means one or
more of the following conditions —
(a) any
defect or disturbance in the normal structure or functioning of a
person’s body; or
(b) any
defect or disturbance in the normal structure or functioning of a
person’s brain; or
(c) any
illness or condition which impairs a person’s thought processes,
perception of reality, emotions or judgment or which results in disturbed
behaviour,
whether arising from a condition subsisting at
birth or from an illness or injury and includes an impairment —
(d)
which presently exists or existed in the past but has now ceased to exist; or
(e)
which is imputed to the person;
incorporated association means an association that
is incorporated or deemed to be incorporated under the Associations
Incorporation Act 2015 ;
inquiry in relation to the Tribunal, means an
inquiry referred to in section 107;
institution of tertiary education means a
university, college of advanced education or other institution at which
tertiary education or training is provided, but does not include a technical
and further education institution within the meaning assigned to that term in
the Employment, Education and Training Act 1988 of the Commonwealth;
man means a member of the male sex irrespective of
age;
marital status means the status or condition of
being —
(a)
single; or
(b)
married; or
(c)
married but living separately and apart from one’s spouse; or
(d)
divorced; or
(e)
widowed; or
(f) the
de facto partner of another person;
near relative in relation to a person, means
—
(a) a
parent, child, grandparent, grandchild, brother or sister of the person; or
(b) the
spouse or de facto partner of the first-mentioned person or of a person
referred to in paragraph (a);
principal means —
(a) in
relation to a commission agent — a person for whom the commission agent
does work as a commission agent; and
(b) in
relation to a contract worker — a person for whom the contract worker
does work pursuant to a contract between the employer of the contract worker
and that other person;
private educational authority means a person or
body administering an educational institution, not being a school, college,
university or other institution established under the School Education Act
1999 , the Vocational Education and Training Act 1996 , or an Act of
incorporation of a university or institute of technology;
race includes colour, descent, ethnic or national
origin or nationality and the fact that a race may comprise 2 or more distinct
races does not prevent it being a race for the purposes of this Act;
relative , in relation to a person, means a person
who is related to the first-mentioned person by blood, marriage, affinity or
adoption and includes a person who is wholly or mainly dependent on, or is a
member of the household of, the first-mentioned person;
relevant details , in relation to a person, has
the meaning given in the
Fines, Penalties and Infringement Notices Enforcement Act 1994 section 56C;
representative complaint means a complaint lodged
under section 83 by a person on behalf of the person and other persons or by 2
or more persons on behalf of themselves and other persons, and which is
treated by the Tribunal as a representative complaint;
respondent in relation to a complaint, means the
person who is, or each of the persons who are, alleged to have done the act to
which the complaint relates;
services includes —
(a)
services relating to banking, insurance, superannuation and the provision of
grants, loans, credit or finance; and
(b)
services relating to entertainment, recreation or refreshment; and
(c)
services relating to transport or travel; and
(d)
services of the kind provided by members of any profession or trade; and
(e)
services of the kind provided by a government (other than the assessment of an
application for suitability for adoptive parenthood, or the placement of a
child for adoption or with a view to the child’s adoption, under the
Adoption Act 1994 ), a government or public authority or a local government
body;
sexual orientation , in relation to a person,
means heterosexuality, homosexuality, lesbianism or bisexuality and includes
heterosexuality, homosexuality, lesbianism or bisexuality imputed to the
person;
State employee includes a member of the Police
Force of Western Australia;
Tribunal means the State Administrative Tribunal
under the State Administrative Tribunal Act 2004 ;
vehicle includes a ship and an aircraft;
voluntary body means an association or other body
(whether incorporated or unincorporated) the activities of which are not
engaged in for the purpose of making a profit, but does not include —
(a) a
club; or
(b) a
body established by a law of the Commonwealth, or of a State or Territory of
the Commonwealth; or
(c) an
association that provides grants, loans, credit or finance to its members;
Western Australian law means —
(a) an
Act; or
(b) a
regulation, rule, local law or by-law made under or pursuant to an Act; or
(c) an
order or award made under or pursuant to —
(i)
an Act;
(ii)
a regulation, rule, local law or by-law referred to in
paragraph (b);
woman means a member of the female sex
irrespective of age.
(2) 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 a refusal or
failure to do an act.
(3) For the purposes
of this Act, religious or political conviction shall be construed so as to
include a lack or absence of religious or political conviction.
(4) In determining
what constitutes “unjustifiable hardship” for the purposes of Part
IVA, all relevant circumstances of the particular case shall be taken into
account including the nature of the benefit or detriment likely to accrue or
be suffered by all persons concerned, the nature of the impairment of the
person concerned and the financial circumstances and the estimated amount of
expenditure required to be made by the person claiming unjustifiable hardship.
[Section 4 amended: No. 40 of 1988 s. 6; No. 74 of
1992 s. 6; No. 14 of 1996 s. 4; No. 42 of 1996 s. 71(1); No. 36 of 1999 s.
247; No. 2 of 2000 s. 28; No. 3 of 2002 s. 48; No. 65 of 2003 s. 33; No. 55 of
2004 s. 303; No. 21 of 2008 s. 661; No. 48 of 2012 s. 47; No. 30 of 2015 s.
232.]