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EQUAL OPPORTUNITY ACT 1984


TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Objects  
   4.      Terms used  
   5.      Act done for 2 or more reasons  
   6.      Act binds Crown  
   7.      Inter-governmental arrangements

   PART II -- Discrimination on ground of sex, marital status, pregnancy or breast feeding

           Division 1 -- General  

   8.      Discrimination on the ground of sex  
   9.      Discrimination on the ground of marital status  
   10.     Discrimination on the ground of pregnancy  
   10A.    Discrimination on the ground of breast feeding

           Division 2 -- Discrimination in work  

   11.     Discrimination against applicants and employees  
   12.     Discrimination against commission agents  
   13.     Discrimination against contract workers  
   14.     Partnerships  
   15.     Professional or trade organisations etc.  
   16.     Qualifying bodies  
   17.     Employment agencies

           Division 3 -- Discrimination in other areas  

   18.     Education  
   19.     Access to places and vehicles  
   20.     Goods, services and facilities  
   21.     Accommodation  
   21A.    Land  
   22.     Clubs  
   23.     Application forms etc.

           Division 4 -- Discrimination involving sexual harassment  

   24.     Sexual harassment in employment  
   25.     Sexual harassment in education  
   26.     Sexual harassment related to accommodation

           Division 5 -- Exceptions to Part II  

   27.     Genuine occupational qualifications  
   28.     Pregnancy or childbirth  
   29.     Employment of married couple or partners in de facto relationship  
   30.     Services for members of one sex  
   31.     Measures intended to achieve equality  
   32.     Accommodation provided for employees or students  
   33.     Residential care of children  
   34.     Insurance  
   35.     Sport

   PART IIAA -- Discrimination on gender history grounds in certain cases

           Division 1 -- General  

   35AA.   Gender history  
   35AB.   Discrimination on gender history grounds

           Division 2 -- Discrimination in work  

   35AC.   Discrimination against applicants and employees  
   35AD.   Discrimination against commission agents  
   35AE.   Discrimination against contract workers  
   35AF.   Partnerships  
   35AG.   Professional or trade organisations etc.  
   35AH.   Qualifying bodies  
   35AI.   Employment agencies

           Division 3 -- Discrimination in other areas  

   35AJ.   Education  
   35AK.   Access to places and vehicles  
   35AL.   Goods, services and facilities  
   35AM.   Accommodation  
   35AN.   Land  
   35AO.   Clubs  
   35AP.   Discrimination in sport on gender history grounds  
   35AQ.   Application forms etc.  
   35AR.   Superannuation schemes and provident funds

   PART IIA -- Discrimination on the ground of family responsibility or family status

           Division 1 -- General  

   35A.    Discrimination on the ground of family responsibility or family status

           Division 2 -- Discrimination in work  

   35B.    Discrimination against applicants and employees  
   35C.    Discrimination against commission agents  
   35D.    Discrimination against contract workers  
   35E.    Partnerships  
   35F.    Professional or trade organisations, etc.  
   35G.    Qualifying bodies  
   35H.    Employment agencies

           Division 3 -- Discrimination in other areas  

   35I.    Education  
   35J.    Application forms etc.

           Division 4 -- Exceptions to Part IIA  

   35K.    Measures intended to meet special needs  
   35L.    Accommodation provided for employees  
   35M.    Identity of relative

   PART IIB -- Discrimination on ground of sexual orientation

           Division 1 -- General  

   35O.    Discrimination on the ground of sexual orientation

           Division 2 -- Discrimination in work  

   35P.    Discrimination against applicants and employees  
   35Q.    Discrimination against commission agents  
   35R.    Discrimination against contract workers  
   35S.    Partnerships  
   35T.    Professional or trade organisations etc.  
   35U.    Qualifying bodies  
   35V.    Employment agencies

           Division 3 -- Discrimination in other areas  

   35W.    Education  
   35X.    Access to places and vehicles  
   35Y.    Goods, services and facilities  
   35Z.    Accommodation  
   35ZA.   Land  
   35ZB.   Clubs  
   35ZC.   Application forms etc.

           Division 4 -- Exceptions to PART IIB  

   35ZD.   Measures intended to achieve equality

   PART III -- Discrimination on the ground of race

           Division 1 -- General  

   36.     Racial discrimination

           Division 2 -- Discrimination in work  

   37.     Discrimination against applicants and employees  
   38.     Discrimination against commission agents  
   39.     Discrimination against contract workers  
   40.     Partnerships  
   41.     Professional or trade organisations etc.  
   42.     Qualifying bodies  
   43.     Employment agencies

           Division 3 -- Discrimination in other areas  

   44.     Education  
   45.     Access to places and vehicles  
   46.     Goods, services and facilities  
   47.     Accommodation  
   47A.    Land  
   48.     Clubs  
   49.     Application forms etc.

           Division 3A -- Discrimination involving racial harassment  

   49A.    Racial harassment in employment  
   49B.    Racial harassment in education  
   49C.    Racial harassment related to accommodation  
   49D.    Racial grounds

           Division 4 -- Exceptions to Part III  

   50.     Genuine occupational qualifications  
   51.     Measures intended to achieve equality  
   52.     Citizenship

   PART IV -- Discrimination on the ground of religious or political conviction

           Division 1 -- General  

   53.     Discrimination on ground of religious or political conviction

           Division 2 -- Discrimination in work  

   54.     Discrimination against applicants and employees  
   55.     Discrimination against commission agents  
   56.     Discrimination against contract workers  
   57.     Partnerships  
   58.     Professional or trade organisations etc.  
   59.     Qualifying bodies  
   60.     Employment agencies

           Division 3 -- Discrimination in other areas  

   61.     Education  
   62.     Goods, services and facilities  
   63.     Accommodation  
   64.     Clubs  
   65.     Application forms etc.

           Division 4 -- Exceptions to Part IV  

   66.     Exceptions to s. 54 to

   PART IVA -- Discrimination on the ground of impairment

           Division 1 -- General  

   66A.    Discrimination on ground of impairment

           Division 2 -- Discrimination in work  

   66B.    Discrimination against applicants and employees  
   66C.    Discrimination against commission agents  
   66D.    Discrimination against contract workers  
   66E.    Partnerships  
   66F.    Professional or trade organisations, etc.  
   66G.    Qualifying bodies  
   66H.    Employment agencies

           Division 3 -- Discrimination in other areas  

   66I.    Education  
   66J.    Access to places and vehicles  
   66K.    Goods, services and facilities  
   66L.    Accommodation  
   66M.    Clubs and incorporated associations  
   66N.    Discrimination in sport on ground of impairment  
   66O.    Application forms etc.  
   66P.    Superannuation schemes and provident funds

           Division 4 -- Exceptions to Part IVA  

   66Q.    Exceptions to certain work related provisions in Div. 2  
   66R.    Measures intended to achieve equality  
   66S.    Genuine occupational qualifications  
   66T.    Insurance  
   66U.    Regulations

   PART IVB -- Discrimination on the ground of age

           Division 1 -- General  

   66V.    Discrimination on ground of age

           Division 2 -- Discrimination in work  

   66W.    Discrimination against applicants and employees  
   66X.    Discrimination against commission agents  
   66Y.    Discrimination against contract workers  
   66Z.    Partnerships  
   66ZA.   Professional or trade organisations etc.  
   66ZB.   Qualifying bodies  
   66ZC.   Employment agencies

           Division 3 -- Discrimination in other areas  

   66ZD.   Education  
   66ZE.   Access to places and vehicles  
   66ZF.   Goods, services and facilities  
   66ZG.   Accommodation  
   66ZH.   Land  
   66ZI.   Clubs and incorporated associations  
   66ZJ.   Discrimination in sport on ground of age  
   66ZK.   Application forms etc.  
   66ZL.   Superannuation schemes and provident funds

           Division 4 -- Exceptions to Part IVB  

   66ZM.   Health and safety considerations  
   66ZN.   Retirement  
   66ZO.   Contracts with minors  
   66ZP.   Measures intended to achieve equality  
   66ZQ.   Genuine occupational qualifications  
   66ZR.   Insurance  
   66ZS.   Acts done under statutory authority, etc.

   PART V -- Other unlawful acts  

   67.     Victimisation  
   68.     Advertisements

   PART VI -- General exceptions to this Act  

   69.     Acts done under statutory authority etc.  
   70.     Charities  
   71.     Voluntary bodies  
   72.     Religious bodies  
   73.     Educational institutions established for religious purposes  
   74.     Establishments providing housing accommodation etc. for aged persons

   PART VII -- The Commissioner for Equal Opportunity

           Division 1 -- Office of Commissioner  

   75.     Commissioner for Equal Opportunity  
   76.     Vacation of office  
   77.     Existing rights etc.  
   78.     Acting Commissioner  
   79.     Staff

           Division 2 -- Functions of the Commissioner  

   80.     General functions of Commissioner  
   81.     Reference by the Minister to the Commissioner  
   82.     Review of legislation etc.  
   83.     Making complaints to Commissioner  
   83A.    Withdrawal and lapse of complaints  
   84.     Investigation of complaints by Commissioner  
   85.     Application to Tribunal for interim order under s. 126 etc.  
   86.     Power to obtain information and documents  
   87.     Directions to attend compulsory conference  
   88.     Compulsory conference  
   89.     Commissioner may dismiss certain complaints  
   90.     Commissioner to refer complaint to Tribunal if complainant so requires  
   91.     Resolving complaints by conciliation  
   92.     Representation in conciliation proceedings  
   93.     Referring complaints to Tribunal  
   93A.    Commissioner may assist complainants on appeal to Supreme Court  
   94.     Delegation by Commissioner  
   95.     Annual report

   PART VIII -- The Role of the State Administrative Tribunal

           Division 1 -- Constituting the Tribunal  

   96.     Presiding member

           Division 2 -- Functions  

   107.    Jurisdiction of Tribunal  
   108.    Commissioner’s reference under s. 93(1)  
   113.    Officer of Commissioner assisting Tribunal  
   114.    Determining representative complaints  
   115.    Matter to be considered in determining representative complaints  
   116.    Amendment of complaint by Tribunal  
   117.    Ordinary complaint not precluded by representative complaint  
   122.    Tribunal may prohibit publication of evidence  
   123.    Proof of exceptions  
   126.    Interim orders  
   127.    Decisions of Tribunal  
   134.    Appeals

           Division 3 -- Power of Tribunal to grant exemptions  

   135.    Tribunal may grant exemptions  
   136.    Tribunal must publish decisions made under s. 135  
   137.    Effect of exemption orders

   PART IX -- Equal opportunity in public employment

           Division 1 -- General  

   138.    Terms used  
   139.    Application of Part IX  
   140.    Objects of Part IX  
   141.    Exercise of functions of authorities

           Division 2 -- The Director of Equal Opportunity in Public Employment  

   142.    The Director  
   143.    Functions of Director  
   144.    Annual report of Director

           Division 3 -- Equal employment opportunity management plans  

   145.    Preparation and implementation of management plans  
   146.    Annual report to Director  
   147.    Investigation by Director  
   149.    Representation in investigation proceedings  
   150.    Powers of Director on an investigation  
   151.    Incriminatory statements  
   152.    Conclusion of investigation  
   153.    Direction to amend management plan

   PART X -- Miscellaneous  

   154.    Effect of contravention of Act  
   155.    Obstruction  
   156.    Failure to provide actuarial or statistical data  
   157.    Failure to attend conciliation proceedings or conference  
   158.    Failure to furnish information etc.  
   159.    False or misleading information  
   160.    Liability of persons involved in unlawful acts  
   161.    Vicarious liability  
   162.    Acts done on behalf of bodies  
   163.    References to employer  
   164.    Self-incrimination  
   165.    Particulars of certain complaints not to be communicated  
   166.    Protection from civil actions  
   167.    Non-disclosure of private information  
   168.    Information stored otherwise than in written form  
   169.    Regulations
            
           

[Reprinted under the Reprints Act 1984 as at 7 January 2011 1992 s. 4; No. 2 of 2000 s. 28; No. 3 of 2002 s. 46.]]

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