Commonwealth Consolidated Acts

SEX DISCRIMINATION ACT 1984

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Objects  
   4.      Interpretation  
   4A.     Meaning of family responsibilities  
   4B.     Meaning of potential pregnancy  
   5.      Sex discrimination  
   5A.     Discrimination on the ground of sexual orientation  
   5B.     Discrimination on the ground of gender identity  
   5C.     Discrimination on the ground of intersex status  
   6.      Discrimination on the ground of marital or relationship status  
   7.      Discrimination on the ground of pregnancy or potential pregnancy  
   7AA.    Discrimination on the ground of breastfeeding  
   7A.     Discrimination on the ground of family responsibilities  
   7B.     Indirect discrimination: reasonableness test  
   7C.     Burden of proof  
   7D.     Special measures intended to achieve equality  
   8.      Act done for 2 or more reasons  
   8A.     Workplace environment that is hostile for 2 or more reasons  
   9.      Application of Act  
   10.     Operation of State and Territory laws  
   11.     Operation of State and Territory laws that further objects of relevant international instruments  
   12.     Crown to be bound  
   13A.    Application of the Criminal Code  

   PART II--PROHIBITION--OF DISCRIMINATION ETC.

           Division 1--Discrimination in work

   14.     Discrimination in employment or in superannuation  
   15.     Discrimination against commission agents  
   16.     Discrimination against contract workers  
   17.     Partnerships  
   18.     Qualifying bodies  
   19.     Registered organisations under the Fair Work (Registered Organisations) Act 2009  
   20.     Employment agencies  

           Division 2--Discrimination in other areas

   21.     Education  
   22.     Goods, services and facilities  
   23.     Accommodation  
   24.     Land  
   25.     Clubs  
   26.     Administration of Commonwealth laws and programs  
   27.     Requests for information  

           Division 3--Harassment etc.

   28A.    Meaning of sexual harassment  
   28AA.   Meaning of harassment on the ground of sex  
   28AB.   Meaning of worker in a business or undertaking  
   28B.    Employment, partnerships etc.  
   28C.    Members of bodies with power to grant etc. occupational qualifications etc.  
   28D.    Registered organisations  
   28E.    Employment agencies  
   28F.    Educational institutions  
   28G.    Goods, services and facilities  
   28H.    Provision of accommodation  
   28J.    Land  
   28K.    Clubs  
   28L.    Commonwealth laws and programs  
   28M.    Hostile workplace environments  

           Division 4--Exemptions

   30.     Certain discrimination on ground of sex not unlawful  
   31.     Pregnancy, childbirth or breastfeeding  
   32.     Services for members of one sex  
   34.     Accommodation provided for employees or students  
   35.     Residential care of children  
   36.     Charities  
   37.     Religious bodies  
   38.     Educational institutions established for religious purposes  
   39.     Voluntary bodies  
   40.     Acts done under statutory authority  
   41.     Insurance  
   41A.    New superannuation fund conditions  
   41B.    Existing superannuation fund conditions  
   42.     Sport  
   43A.    Requests for information and keeping of records: not allowing for identifying as being neither male nor female  
   44.     Commission may grant exemptions  
   45.     Review by Administrative Appeals Tribunal  
   46.     Notice of decisions to be published  
   47.     Effect of exemptions  

           Division 5--Victimisation

   47A.    Victimisation  

   PART IIA--DUTY--TO ELIMINATE UNLAWFUL SEX DISCRIMINATION ETC.

   47B.    Simplified outline of this Part  
   47C.    Duty to eliminate unlawful sex discrimination etc.  

   PART III--FUNCTIONS--OF THE AUSTRALIAN HUMAN RIGHTS COMMISSION

           Division 1--Preliminary

   48.     Functions of the Commission  

   PART IV--OFFENCES

   85.     Unlawful act not offence unless expressly so provided  
   86.     Advertisements  
   87.     Failure to provide actuarial or statistical data  
   92.     Particulars of complaints not to be communicated  
   94.     Victimisation  
   95.     Obstruction etc.  

   PART V--SEX--DISCRIMINATION COMMISSIONER

   96.     Sex Discrimination Commissioner  
   97.     Terms and conditions of appointment  
   98.     Remuneration of Commissioner  
   99.     Leave of absence  
   100.    Outside employment  
   101.    Resignation  
   102.    Termination of appointment  
   103.    Acting Commissioner  

   PART VI--MISCELLANEOUS

   104.    Delegation  
   105.    Liability of persons involved in unlawful acts  
   106.    Vicarious liability etc.  
   107.    Acts done on behalf of bodies  
   108.    Commonwealth deemed to be employer  
   109.    State taken to be employer  
   110.    Unlawful act not basis of civil action unless expressly so provided  
   111.    Protection from civil actions  
   112.    Non - disclosure of private information  
   113.    Information stored otherwise than in written form  
   114.    Commissioner to furnish information  
   116.    Regulations  
           SCHEDULE Convention on the Elimination of all Forms of Discrimination Against Women