Commonwealth: Disability Discrimination Act 1992 (Cth)

Disability Discrimination Act 1992 No. 135, 1992 Compilation No. 39 Compilation date: 14 October 2024 Includes amendments: Act No. 38, 2024 About this compilation This compilation This is a compilation of the Disability Discrimination Act 1992 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Objects 4 Interpretation 5 Direct disability discrimination 6 Indirect disability discrimination 7 Discrimination in relation to associates 8 Discrimination in relation to carers, assistants, assistance animals and disability aids 9 Carer, assistant, assistance animal and disability aid definitions 10 Act done because of disability and for other reason 11 Unjustifiable hardship 12 Application of Act 12A Application of the Criminal Code 13 Operation of State and Territory laws 14 Extent to which Act binds the Crown Part 2—Prohibition of disability discrimination etc. Division 1—Discrimination in work 15 Discrimination in employment 16 Discrimination against commission agents 17 Discrimination against contract workers 18 Partnerships 19 Qualifying bodies 20 Registered organisations under the Fair Work (Registered Organisations) Act 2009 21 Employment agencies 21A Exception—inherent requirements 21B Exception—unjustifiable hardship Division 2—Discrimination in other areas 22 Education 23 Access to premises 24 Goods, services and facilities 25 Accommodation 26 Land 27 Clubs and incorporated associations 28 Sport 29 Administration of Commonwealth laws and programs 29A Unjustifiable hardship 30 Requests for information Division 2A—Disability standards 31 Disability standards 32 Unlawful to contravene disability standards 33 Division 5 generally not to apply to disability standards 34 This Part not to apply if person acts in accordance with disability standards Division 3—Discrimination involving harassment 35 Harassment in employment 37 Harassment in education 39 Harassment in relation to the provision of goods and services Division 4—Offences 41 Unlawful act not offence unless expressly so provided 42 Victimisation 43 Offence to incite doing of unlawful acts or offences 44 Advertisements Division 5—Exemptions 45 Special measures 46 Superannuation and insurance 47 Acts done under statutory authority 48 Infectious diseases 49 Charities 51 Pensions and allowances 52 Migration 53 Combat duties and peacekeeping services 54 Peacekeeping services by the AFP 54A Assistance animals 55 Commission may grant exemptions 56 Review by Administrative Review Tribunal 57 Notice of decisions to be published 58 Effect of exemptions Division 6—Victimisation 58A Victimisation Part 3—Action plans 59 Scope 60 Action plans 61 Provisions of action plans 62 Action plans may have other provisions 63 Amendment of action plans 64 Action plans may be given to Commission Part 4—Functions of the Australian Human Rights Commission Division 1—Preliminary 67 Functions of the Commission Part 5—Other offences 107 Failure to provide actuarial data or statistical data Part 6—Disability Discrimination Commissioner 113 Disability Discrimination Commissioner 114 Terms and conditions of appointment 115 Remuneration of Commissioner 116 Leave of absence 117 Outside employment 118 Resignation 119 Termination of appointment 120 Acting Commissioner Part 7—Miscellaneous 121 Delegation 122 Liability of persons involved in unlawful acts 123 Conduct by directors, employees and agents 124 Commonwealth taken to be employer 125 Unlawful act not basis of civil action unless expressly so provided 126 Protection from civil actions 127 Non‑disclosure of private information 128 Information stored otherwise than in written form 129 Commissioner to give information 131 Courts to ensure just terms 132 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to discrimination on the ground of disability Part 1—Preliminary 1 Short title This Act may be cited as the Disability Discrimination Act 1992. 2 Commencement (1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation. (3) If a provision of this Act does not commence under subsection (2) within the period of 12 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period. 3 Objects The objects of this Act are: (a) to eliminate, as far as possible, discrimination against persons on the ground of disability in the areas of: (i) work, accommodation, education, access to premises, clubs and sport; and (ii) the provision of goods, facilities, services and land; and (iii) existing laws; and (iv) the administration of Commonwealth laws and programs; and (b) to ensure, as far as practicable, that persons with disabilities have the same rights to equality before the law as the rest of the community; and (c) to promote recognition and acceptance within the community of the principle that persons with disabilities have the same fundamental rights as the rest of the community. 4 Interpretation (1) In this Act, unless the contrary intention appears: accommodation includes residential or business accommodation. administrative office means: (a) an office established by, or an appointment made under, a law of the Commonwealth; and (b) an office established by, or an appointment made under, a law of a Territory; and (c) an appointment made by the Governor‑General or a Minister otherwise than under a law of the Commonwealth or of a Territory; and (d) an appointment as a director of an incorporated company that is a public authority of the Commonwealth; but does not include: (e) an office of member of the Assembly, member of the Executive, or Minister within the meaning of the Australian Capital Territory (Self‑Government) Act 1988; or (f) an office of member of the Legislative Assembly, member of the Council or Minister of the Territory, within the meaning of the Northern Territory (Self‑Government) Act 1978; or (h) an office or appointment in the Australian Public Service; or (i) an office of a person employed under the Members of Parliament (Staff) Act 1984. Note: A person who holds an office mentioned in paragraph (h) or (i) is covered by the definition of Commonwealth employee. assistance animal has the meaning given by subsection 9(2). associate, in relation to a person, includes: (a) a spouse of the person; and (b) another person who is living with the person on a genuine domestic basis; and (c) a relative of the person; and (d) a carer of the person; and (e) another person who is in a business, sporting or recreational relationship with the person. carer or assistant has the meaning given by subsection 9(1). club means an association (whether incorporated or unincorporated) of persons associated together for social, literary, cultural, political, sporting, athletic or other lawful purposes that provides and maintains its facilities, in whole or in part, from the funds of the association. Commission means the Australian Human Rights Commission. commission agent means a person who does work for another person as the agent of that other person and who is remunerated, whether in whole or in part, by commission. Commissioner means the Disability Discrimination Commissioner appointed under section 113. committee of management, in relation to a club or a registered organisation, means the group or body of persons (however described) that manages the affairs of that club or organisation, as the case may be. Commonwealth agency means an agency within the meaning of the Privacy Act 1988. Commonwealth employee means a person who: (a) is appointed or engaged under the Public Service Act 1999; (b) holds an administrative office; or (c) is employed by a public authority of the Commonwealth; or (d) holds an office or appointment in the Commonwealth Teaching Service or is employed as a temporary employee under the Commonwealth Teaching Service Act 1972; or (e) is employed under the Australian Security Intelligence Organisation Act 1979 or the Commonwealth Electoral Act 1918; or (f) is a member of the Defence Force; or (g) is the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979); or (h) is a person employed under the Members of Parliament (Staff) Act 1984. Note: See also section 124 (Commonwealth taken to be employer of Commonwealth employees). Commonwealth law means: (a) an Act, or a regulation, rule, by‑law or determination made under an Act; or (b) an ordinance of a Territory, or a regulation, rule, by‑law or determination made under an ordinance of a Territory; or (c) an order or award made under a law referred to in paragraph (a) or (b). Commonwealth program means a program conducted by or on behalf of the Commonwealth Government. contract worker means a person who does work for another person under a contract between the employer of the first‑mentioned person and that other person. Convention means the Discrimination (Employment and Occupation) Convention, 1958 adopted by the General Conference of the International Labour Organization on 25 June 1958, a copy of the English text of which is set out in Schedule 1 of the Australian Human Rights Commission Act 1986. Covenant on Civil and Political Rights means the International Covenant on Civil and Political Rights, a copy of the English text of which is set out in Schedule 2 of the Australian Human Rights Commission Act 1986. Department means an Agency within the meaning of the Public Service Act 1999. Disabilities Convention means the Convention on the Rights of Persons with Disabilities, done at New York on 30 March 2007, as in force for Australia. Note: The text of the Convention is set out in Australian Treaty Series 2008 No. 12 ([2008] ATS 12). In 2008, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). disability, in relation to a person, means: (a) total or partial loss of the person's bodily or mental functions; or (b) total or partial loss of a part of the body; or (c) the presence in the body of organisms causing disease or illness; or (d) the presence in the body of organisms capable of causing disease or illness; or (e) the malfunction, malformation or disfigurement of a part of the person's body; or (f) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or (g) a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour; and includes a disability that: (h) presently exists; or (i) previously existed but no longer exists; or (j) may exist in the future (including because of a genetic predisposition to that disability); or (k) is imputed to a person. To avoid doubt, a disability that is otherwise covered by this definition includes behaviour that is a symptom or manifestation of the disability. disability aid has the meaning given by subsection 9(3). disability standards has the meaning given by subsection 31(1). discriminate has the meaning given by sections 5 and 6. Note: Section 7 (associates) and section 8 (carers, assistants, assistance animals and disability aids) extend the concept of discrimination. 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. education provider means: (a) an educational authority; or (b) an educational institution; or (c) an organisation whose purpose is to develop or accredit curricula or training courses used by other education providers referred to in paragraph (a) or (b). employment includes: (a) part‑time and temporary employment; and (b) work under a contract for services; and (c) work as a Commonwealth employee; and (d) work as an employee of a State or an instrumentality of a State. 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, and includes the Commonwealth Employment Service. enactment has the same meaning as in the Australian Human Rights Commission Act 1986. exemption means an exemption granted under section 55. Federal Court means the Federal Court of Australia. function includes duty. instrumentality of a State means a body or authority established for a public purpose by a law of a State and includes a local government body. premises includes: (a) a structure, building, aircraft, vehicle or vessel; and (b) a place (whether enclosed or built on or not); and (c) a part of premises (including premises of a kind referred to in paragraph (a) or (b)). President means President of the Commission. 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 under a contract between the employer of the contract worker and the person. principal executive, in relation to a Commonwealth agency, has the same meaning as in Part V of the Privacy Act 1988. proposed enactment has the same meaning as in the Australian Human Rights Commission Act 1986. public authority of the Commonwealth means: (a) a body incorporated, whether before or after the commencement of this Act, for a public purpose by a law of the Commonwealth or a law of a Territory, being a body corporate employing staff on its own behalf; or (b) an authority or body, not being a body corporate, established, whether before or after the commencement of this Act, for a public purpose by, or in accordance with the provisions of, a law of the Commonwealth or a law of a Territory, being an authority or body employing staff on its own behalf; or (c) an incorporated company over which the Commonwealth, or a body or authority referred to in paragraph (a) or (b), is in a position to exercise control. reasonable adjustment: an adjustment to be made by a person is a reasonable adjustment unless making the adjustment would impose an unjustifiable hardship on the person. registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act. registered organisation means an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009. relative, in relation to a person, means a person who is related to the first‑mentioned person by blood, marriage, affinity or adoption. services includes: (a) services relating to banking, insurance, superannuation and the provision of grants, loans, credit or finance; or (b) services relating to entertainment, recreation or refreshment; or (c) services relating to transport or travel; or (d) services relating to telecommunications; or (e) services of the kind provided by the members of any profession or trade; or (f) services of the kind provided by a government, a government authority or a local government body. State, except in subsections 12(11) and (12), includes the Australian Capital Territory and the Northern Territory. Territory, except in subsection 12(12) or in paragraph (c) of the definition of administrative office in this subsection, does not include the Australian Capital Territory and the Northern Territory. unjustifiable hardship has a meaning affected by section 11. 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, a State or a Territory; or (c) an association that provides grants, loans, credit or finance to its members. (2) For the purposes of this Act, refusing or failing to do an act is taken 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. 5 Direct disability discrimination (1) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of a disability of the aggrieved person if, because of the disability, the discriminator treats, or proposes to treat, the aggrieved person less favourably than the discriminator would treat a person without the disability in circumstances that are not materially different. (2) For the purposes of this Act, a person (the discriminator) also discriminates against another person (the aggrieved person) on the ground of a disability of the aggrieved person if: (a) the discriminator does not make, or proposes not to make, reasonable adjustments for the person; and (b) the failure to make the reasonable adjustments has, or would have, the effect that the aggrieved person is, because of the disability, treated less favourably than a person without the disability would be treated in circumstances that are not materially different. (3) For the purposes of this section, circumstances are not materially different because of the fact that, because of the disability, the aggrieved person requires adjustments. 6 Indirect disability discrimination (1) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of a disability of the aggrieved person if: (a) the discriminator requires, or proposes to require, the aggrieved person to comply with a requirement or condition; and (b) because of the disability, the aggrieved person does not or would not comply, or is not able or would not be able to comply, with the requirement or condition; and (c) the requirement or condition has, or is likely to have, the effect of disadvantaging persons with the disability. (2) For the purposes of this Act, a person (the discriminator) also discriminates against another person (the aggrieved person) on the ground of a disability of the aggrieved person if: (a) the discriminator requires, or proposes to require, the aggrieved person to comply with a requirement or condition; and (b) because of the disability, the aggrieved person would comply, or would be able to comply, with the requirement or condition only if the discriminator made reasonable adjustments for the person, but the discriminator does not do so or proposes not to do so; and (c) the failure to make reasonable adjustments has, or is likely to have, the effect of disadvantaging persons with the disability. (3) Subsection (1) or (2) does not apply if the requirement or condition is reasonable, having regard to the circumstances of the case. (4) For the purposes of subsection (3), the burden of proving that the requirement or condition is reasonable, having regard to the circumstances of the case, lies on the person who requires, or proposes to require, the person with the disability to comply with the requirement or condition. 7 Discrimination in relation to associates (1) This Act applies in relation to a person who has an associate with a disability in the same way as it applies in relation to a person with the disability. Example: It is unlawful, under section 15, for an employer to discriminate against an employee on the ground of a disability of any of the employee's associates. (2) For the purposes of subsection (1), but without limiting that subsection, this Act has effect in relation to a person who has an associate with a disability as if: (a) each reference to something being done or needed because of a disability were a reference to the thing being done or needed because of the fact that the person has an associate with the disability; and (b) each other reference to a disability were a reference to the disability of the associate. (3) This section does not apply to section 53 or 54 (combat duties and peacekeeping services) or subsection 54A(2) or (3) (assistance animals). Note: The combined effect of sections 7 and 8 is that this Act applies in relation to a person who has an associate who has a carer, assistant, assistance animal or disability aid in the same way as it applies in relation to a person with a disability. 8 Discrimination in relation to carers, assistants, assistance animals and disability aids (1) This Act applies in relation to having a carer, assistant, assistance animal or disability aid in the same way as it applies in relation to having a disability. Example: For the purposes of section 5 (direct discrimination), circumstances are not materially different because of the fact that a person with a disability requires adjustments for the person's carer, assistant, assistance animal or disability aid (see subsection 5(3)). (2) For the purposes of subsection (1), but without limiting that subsection, this Act has effect in relation to a person with a disability who has a carer, assistant, assistance animal or disability aid as if: (a) each reference to something being done or needed because of a disability were a reference to the thing being done or needed because of the fact that the person has the carer, assistant, animal or aid; and (b) each other reference to a disability were a reference to the carer, assistant, animal or aid. (3) This section does not apply to section 48 (infectious diseases) or section 54A (exemptions in relation to assistance animals). Note: The combined effect of sections 7 and 8 is that this Act applies in relation to a person who has an associate who has a carer, assistant, assistance animal or disability aid in the same way as it applies in relation to a person with a disability. 9 Carer, assistant, assistance animal and disability aid definitions Meanings of carer or assistant, assistance animal and disability aid (1) For the purposes of this Act, a carer or assistant, in relation to a person with a disability, is one of the following who provides assistance or services to the person because of the disability: (a) a carer; (b) an assistant; (c) an interpreter; (d) a reader. (2) For the purposes of this Act, an assistance animal is a dog or other animal: (a) accredited under a law of a State or Territory that provides for the accreditation of animals trained to assist a person with a disability to alleviate the effect of the disability; or (b) accredited by an animal training organisation prescribed by the regulations for the purposes of this paragraph; or (c) trained: (i) to assist a person with a disability to alleviate the effect of the disability; and (ii) to meet standards of hygiene and behaviour that are appropriate for an animal in a public place. Note: For exemptions from Part 2 for discrimination in relation to assistance animals, see section 54A. (3) For the purposes of this Act, a disability aid, in relation to a person with a disability, is equipment (including a palliative or therapeutic device) that: (a) is used by the person; and (b) provides assistance to alleviate the effect of the disability. Having a carer, assistant, assistance animal or disability aid (4) The following table has effect: Having a carer, assistant, assistance animal or disability aid Item For the purposes of this Act, a person with a disability has … if the person … 1 a carer or assistant (a) is presently accompanied by the carer or assistant; or (b) was previously accompanied by the carer or assistant; or (c) may be accompanied by the carer or assistant in the future; or (d) is imputed to be accompanied by the carer or assistant. 2 an assistance animal or disability aid (a) is presently accompanied by, or possesses, the animal or aid; or (b) was previously accompanied by, or possessed, the animal or aid; or (c) may be accompanied by, or possess, the animal or aid in the future; or (d) is imputed to be accompanied by, or to possess, the animal or aid. 10 Act done because of disability and for other reason If: (a) an act is done for 2 or more reasons; and (b) one of the reasons is the disability of a person (whether or not it is the dominant or a substantial reason for doing the act); then, for the purposes of this Act, the act is taken to be done for that reason. 11 Unjustifiable hardship (1) For the purposes of this Act, in determining whether a hardship that would be imposed on a person (the first person) would be an unjustifiable hardship, all relevant circumstances of the particular case must be taken into account, including the following: (a) the nature of the benefit or detriment likely to accrue to, or to be suffered by, any person concerned; (b) the effect of the disability of any person concerned; (c) the financial circumstances, and the estimated amount of expenditure required to be made, by the first person; (d) the availability of financial and other assistance to the first person; (e) any relevant action plans given to the Commission under section 64. Example: One of the circumstances covered by paragraph (1)(a) is the nature of the benefit or detriment likely to accrue to, or to be suffered by, the community. (2) For the purposes of this Act, the burden of proving that something would impose unjustifiable hardship lies on the person claiming unjustifiable hardship. 12 Application of Act (1) In this section: Australia includes the external Territories. limited application provisions means the provisions of Divisions 1, 2, 2A and 3 of Part 2 other than sections 20, 29 and 30. (2) Subject to this section, this Act applies throughout Australia. (3) This Act has effect in relation to acts done within a Territory. (4) The limited application provisions have effect as provided in subsection (3) of this section and the following provisions of this section and not otherwise. (5) Sections 15, 16 and 17 have effect in relation to discrimination against: (a) Commonwealth employees in connection with their employment as Commonwealth employees; and (b) persons seeking to become Commonwealth employees. (6) Section 19 has effect in relation to discrimination by an authority or body in the exercise of a power under a Commonwealth law to confer, renew, extend, revoke or withdraw an authorisation or qualification. (7) The limited application provisions have effect in relation to acts done by, or on behalf of: (a) the Commonwealth or the Administration of a Territory; or (b) a body or authority established for a public purpose by a law of the Commonwealth or a law of a Territory; in the exercise of a power conferred by a law of the Commonwealth or a law of a Territory. (8) The limited application provisions have effect in relation to discrimination against a person with a disability to the extent that the provisions: (a) give effect to the Convention; or (b) give effect to the Covenant on Civil and Political Rights; or (ba) give effect to the Disabilities Convention; or (c) give effect to the International Covenant on Economic, Social and Cultural Rights; or (d) relate to matters external to Australia; or (e) relate to matters of international concern. (9) The limited application provisions have effect in relation to discrimination by a foreign corporation, or a trading or financial corporation formed within the limits of the Commonwealth, or by a person in the course of the person's duties or purported duties as an officer or employee of such a corporation. (10) Without limiting the effect of subsection (9), the limited application provisions have effect in relation to discrimination by a trading or financial corporation formed within the limits of the Commonwealth, or by a person in the course of the person's duties or purported duties as an officer or employee of such a corporation, to the extent that the discrimination takes place in the course of the trading activities of the trading corporation or the financial activities of the financial corporation, as the case may be. (11) The limited application provisions have effect in relation to discrimination in the course of, or in relation to, the carrying on of the business of: (a) banking, other than State banking not extending beyond the limits of the State concerned; or (b) insurance, other than State insurance not extending beyond the limits of the State concerned. (12) The limited application provisions have effect in relation to discrimination in the course of, or in relation to, trade or commerce: (a) between Australia and a place outside Australia; or (b) among the States; or (c) between a State and a Territory; or (d) between 2 Territories. (13) The limited application provisions have effect in relation to discrimination within Australia involving persons or things, or matters arising outside Australia. (14) The provisions of Division 3 of Part 2 have effect in relation to acts done within Australia involving persons or things, or matters arising outside Australia. 12A Application of the Criminal Code Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 13 Operation of State and Territory laws (1) A reference in this section to this Act is a reference to this Act as it has effect because of a provision of section 12. (2) A reference in this section to a law of a State or Territory is a reference to a law of a State or Territory that deals with discrimination on the grounds of disability. (3) This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act. (3A) Subsection (3) does not apply in relation to Division 2A of Part 2 (Disability standards). (4) If: (a) a law of a State or Territory relating to discrimination deals with a matter dealt with by this Act (including a matter dealt with by a disability standard); and (b) a person has made a complaint or initiated a proceeding under that law in respect of an act or omission in respect of which the person would, apart from this subsection, have been entitled to make a complaint under the Australian Human Rights Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part 2 of this Act; the person is not entitled to make a complaint or institute a proceeding under the Australian Human Rights Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part 2 of this Act. (5) If: (a) a law of a State or Territory deals with a matter dealt with by this Act (including a matter dealt with by a disability standard); and (b) an act or omission by a person that constitutes an offence against that law also constitutes an offence against this Act; the person may be prosecuted and convicted either under that law of the State or Territory or under this Act, but nothing in this subsection renders a person liable to be punished more than once in respect of the same act or omission. 14 Extent to which Act binds the Crown (1) This Act binds the Crown in right of the Commonwealth and of each of the States. (2) This Act does not render the Crown in right of the Commonwealth or of a State liable to be prosecuted for an offence. Part 2—Prohibition of disability discrimination etc. Division 1—Discrimination in work 15 Discrimination in employment (1) It is unlawful for an employer or a person acting or purporting to act on behalf of an employer to discriminate against a person on the ground of the other person's disability: (a) in the arrangements made for the purpose of determining who should be offered employment; or (b) in determining who should be offered employment; or (c) in the terms or conditions on which employment is offered. (2) It is unlawful for an employer or a person acting or purporting to act on behalf of an employer to discriminate against an employee on the ground of the employee's disability: (a) in the terms or conditions of employment that the employer affords the employee; or (b) by denying the employee access, or limiting the employee's access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment; or (c) by dismissing the employee; or (d) by subjecting the employee to any other detriment. (3) Neither paragraph (1)(a) nor (b) renders it unlawful for a person to discriminate against another person, on the ground of the other person's disability, in connection with employment to perform domestic duties on the premises on which the first‑mentioned person resides. 16 Discrimination against commission agents (1) It is unlawful for a principal to discriminate against a person on the ground of the person's disability: (a) in the arrangements the principal makes for the purpose of determining who should be engaged as a commission agent; or (b) in determining who should be engaged as a commission agent; or (c) in the terms or conditions on which the person is engaged as a commission agent. (2) It is unlawful for a principal to discriminate against a commission agent on the ground of the commission agent's disability: (a) in the terms or conditions that the principal affords the commission agent as a commission agent; or (b) by denying the commission agent access, or limiting the commission agent's access, to opportunities for promotion, transfer or training, or to any other benefits associated with the position as a commission agent; or (c) by terminating the engagement; or (d) by subjecting the commission agent to any other detriment. 17 Discrimination against contract workers It is unlawful for a principal to discriminate against a contract worker on the ground of the contract worker's disability: (a) in the terms or conditions on which the principal allows the contract worker to work; or (b) by not allowing the contract worker to work or continue to work; or (c) by denying the contract worker access, or limiting the contract worker's access, to any benefit associated with the work in respect of which the contract with the employer is made; or (d) by subjecting the contract worker to any other detriment. 18 Partnerships (1) It is unlawful for 3 or more persons who are proposing to form themselves into a partnership to discriminate against another person on the ground of the other person's disability: (a) in determining who should be invited to become a partner in the partnership; or (b) in the terms or conditions on which the other person is invited to become a partner in the partnership. (2) It is unlawful for any one or more of the partners in a partnership consisting of 3 or more partners to discriminate against another person on the ground of the other person's disability: (a) in determining who should be invited to become a partner in the partnership; or (b) in the terms or conditions on which the other person is invited to become a partner in the partnership. (3) It is unlawful for any one or more of the partners in a partnership consisting of 3 or more partners to discriminate against another partner in the partnership on the ground of the other partner's disability: (a) by denying the other partner access, or limiting the other partner's access, to any benefit arising from being a partner in the partnership; or (b) by expelling the other partner from the partnership; or (c) by subjecting the partner to any other detriment. 19 Qualifying bodies It is unlawful for an authority or body that is empowered to confer, renew, extend, revoke or withdraw an authorisation or qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to discriminate against a person on the ground of the person's disability: (a) by refusing or failing to confer, renew or extend the authorisation or qualification; or (b) in the terms or conditions on which it is prepared to confer the authorisation or qualification or to renew or extend the authorisation or qualification; or (c) by revoking or withdrawing the authorisation or qualification or varying the terms or the conditions upon which it is held. 20 Registered organisations under the Fair Work (Registered Organisations) Act 2009 (1) It is unlawful for a registered organisation, the committee of management of a registered organisation or a member of the committee of management of a registered organisation to discriminate against a person, on the ground of the person's disability: (a) by refusing or failing to accept the person's application for membership; or (b) in the terms or conditions on which the organisation is prepared to admit the person to membership. (2) It is unlawful for a registered organisation, the committee of management of a registered organisation or a member of the committee of management of a registered organisation to discriminate against a person who is a member of the registered organisation, on the ground of the member's disability: (a) by denying the member access or limiting the member's access, to any benefit provided by the organisation; or (b) by depriving the member of membership or varying the terms of membership; or (c) by subjecting the member to any other detriment. 21 Employment agencies (1) It is unlawful for an employment agency to discriminate against a person on the ground of the person's disability: (a) by refusing to provide the person with any of its services; or (b) in the terms or conditions on which it offers to provide the person with any of its services; or (c) in the manner in which it provides the person with any of its services. (2) This Part does not require an employment agency to ensure that an employer complies with this Act. (3) Subsection (2) does not affect the operation of section 122 (which applies if an employment agency causes, instructs, induces, aids or permits an employer to do an unlawful act). 21A Exception—inherent requirements Inherent requirements (1) This Division does not render it unlawful for a person (the discriminator) to discriminate against another person (the aggrieved person) on the ground of a disability of the aggrieved person if: (a) the discrimination relates to particular work (including promotion or transfer to particular work); and (b) because of the disability, the aggrieved person would be unable to carry out the inherent requirements of the particular work, even if the relevant employer, principal or partnership made reasonable adjustments for the aggrieved person. (2) For the purposes of paragraph (1)(b), the following factors are to be taken into account in determining whether the aggrieved person would be able to carry out the inherent requirements of the particular work: (a) the aggrieved person's past training, qualifications and experience relevant to the particular work; (b) if the aggrieved person already works for the discriminator—the aggrieved person's performance in working for the discriminator; (c) any other factor that it is reasonable to take into account. (3) For the purposes of this section, the aggrieved person works for another person if: (a) the other person employs the aggrieved person; or (b) the other person engages the aggrieved person as a commission agent; or (c) the aggrieved person works for the other person as a contract worker; or (d) the other person and the aggrieved person are members of a partnership; or (e) both of the following apply: (i) the other person is an authority or body that is empowered to confer, renew, extend, revoke or withdraw an authorisation or qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation; (ii) the aggrieved person is a member of that profession, carrying on that trade or engaged in that occupation. Opportunities for promotion, transfer and training and registered organisations (4) This section does not apply in relation to: (a) discrimination referred to in paragraph 15(2)(b) or (d), 16(2)(b) or (d), 17(c) or (d) or 18(3)(c), other than discrimination in determining who should be offered promotion or transfer; or (b) discrimination referred to in section 20 (registered organisations under the Fair Work (Registered Organisations) Act 2009). 21B Exception—unjustifiable hardship This Division does not render it unlawful for a person (the discriminator) to discriminate against another person on the ground of a disability of the other person if avoiding the discrimination would impose an unjustifiable hardship on the discriminator. Division 2—Discrimination in other areas 22 Education (1) It is unlawful for an educational authority to discriminate against a person on the ground of the person's disability: (a) by refusing or failing to accept the person's application for admission as a student; or (b) in the terms or conditions on which it is prepared to admit the person as a student. (2) It is unlawful for an educational authority to discriminate against a student on the ground of the student's disability: (a) by denying the student access, or limiting the student's access, to any benefit provided by the educational authority; or (b) by expelling the student; or (c) by subjecting the student to any other detriment. (2A) It is unlawful for an education provider to discriminate against a person on the ground of the person's disability: (a) by developing curricula or training courses having a content that will either exclude the person from participation, or subject the person to any other detriment; or (b) by accrediting curricula or training courses having such a content. (3) This section does not render it unlawful to discriminate against a person on the ground of the person's disability in respect of admission to an educational institution established wholly or primarily for students who have a particular disability where the person does not have that particular disability. 23 Access to premises It is unlawful for a person to discriminate against another person on the ground of the other person's disability: (a) by refusing to allow the other person access to, or the use of, any premises that the public or a section of the public is entitled or allowed to enter or use (whether for payment or not); or (b) in the terms or conditions on which the first‑mentioned person is prepared to allow the other person access to, or the use of, any such premises; or (c) in relation to the provision of means of access to such premises; or (d) by refusing to allow the other person the use of any facilities in such premises that the public or a section of the public is entitled or allowed to use (whether for payment or not); or (e) in the terms or conditions on which the first‑mentioned person is prepared to allow the other person the use of any such facilities; or (f) by requiring the other person to leave such premises or cease to use such facilities. 24 Goods, services and facilities It is unlawful for a person who, whether for payment or not, provides goods or services, or makes facilities available, to discriminate against another person on the ground of the other person's disability: (a) by refusing to provide the other person with those goods or services or to make those facilities available to the other person; or (b) in the terms or conditions on which the first‑mentioned person provides the other person with those goods or services or makes those facilities available to the other person; or (c) in the manner in which the first‑mentioned person provides the other person with those goods or services or makes those facilities available to the other person. 25 Accommodation (1) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person's disability: (a) by refusing the other person's application for accommodation; or (b) in the terms or conditions on which the accommodation is offered to the other person; or (c) by deferring the other person's application for accommodation or according to the other person a lower order of precedence in any list of applicants for that accommodation. (2) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person's disability: (a) by denying the other person access, or limiting the other person's access, to any benefit associated with accommodation occupied by the other person; or (b) by evicting the other person from accommodation occupied by the other person; or (c) by subjecting the other person to any other detriment in relation to accommodation occupied by the other person; or (d) by refusing to permit the other person to make reasonable alterations to accommodation occupied by that person if: (i) that person has undertaken to restore the accommodation to its condition before alteration on leaving the accommodation; and (ii) in all the circumstances it is likely that the person will perform the undertaking; and (iii) in all the circumstances, the action required to restore the accommodation to its condition before alteration is reasonably practicable; and (iv) the alteration does not involve alteration of the premises of any other occupier; and (v) the alteration is at that other person's own expense. (3) This section does not apply to or in respect of: (a) the provision of accommodation in premises if: (i) the person who provides or proposes to provide the accommodation or a near relative of that person resides, and intends to continue to reside on those premises; and (ii) the accommodation provided in those premises is for no more than 3 persons other than a person referred to in subparagraph (a)(i) or near relatives of such a person; or (b) the provision of accommodation if: (i) the accommodation is provided by a registered charity, or by a voluntary body that is not a charity; and (ia) the accommodation is provided solely for persons who have a particular disability; and (ii) the person discriminated against does not have that particular disability. 26 Land (1) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person's disability: (a) by refusing or failing to dispose of an estate or interest in land to the other person; or (b) in the terms or conditions on which an estate or interest in land is offered to the other person. (2) This section does not apply in relation to a disposal of an estate or interest in land by will or by way of gift. 27 Clubs and incorporated associations (1) It is unlawful for a club or incorporated association, the committee of management of a club or a member of the committee of management of a club or incorporated association to discriminate against a person who is not a member of the club or association on the ground of the person's disability: (a) by refusing or failing to accept the person's application for membership; or (b) in the terms or conditions on which the club or association is prepared to admit the person to membership. (2) It is unlawful for a club or incorporated association, the committee of management of a club or a member of the committee of management of a club or incorporated association to discriminate against a person who is a member of the club or association on the ground of the member's disability: (a) in the terms or conditions of membership that are afforded to the member; or (b) by refusing or failing to accept the member's application for a particular class or type of membership; or (c) by denying the member access, or limiting the member's access to any benefit provided by the club or association; or (d) by depriving the member of membership or varying the terms of membership; or (e) by subjecting the member to any other detriment. (4) Neither subsection (1) nor (2) renders it unlawful to discriminate against a person on the ground of the person's disability if membership (however described) of the club or incorporated association is restricted only to persons who have a particular disability and the first‑mentioned person does not have that disability. 28 Sport (1) It is unlawful for a person to discriminate against another person on the ground of the other person's disability by excluding that other person from a sporting activity. (2) In subsection (1), a reference to a sporting activity includes a reference to an administrative or coaching activity in relation to any sport. (3) Subsection (1) does not render unlawful discrimination against a person: (a) if the person is not reasonably capable of performing the actions reasonably required in relation to the sporting activity; or (b) if the persons who participate or are to participate in the sporting activities are selected by a method which is reasonable on the basis of their skills and abilities relevant to the sporting activity and relative to each other; or (c) if a sporting activity is conducted only for persons who have a particular disability and the first‑mentioned person does not have that disability. 29 Administration of Commonwealth laws and programs It is unlawful for a person who performs any function or exercises any power under a Commonwealth law or for the purposes of a Commonwealth program or has any other responsibility for the administration of a Commonwealth law or the conduct of a Commonwealth program, to discriminate against another person on the ground of the other person's disability in the performance of that function, the exercise of that power or the fulfilment of that responsibility. 29A Unjustifiable hardship This Division (other than section 30) does not render it unlawful for a person (the discriminator) to discriminate against another person on the ground of a disability of the other person if avoiding the discrimination would impose an unjustifiable hardship on the discriminator. 30 Requests for information (1) This section applies in relation to a person (the first person) if, under Division 1 or this Division, it would be unlawful for the first person, in doing a particular act, to discriminate against another person on the ground of a disability of the other person. (2) It is unlawful for the first person to request or require the other person to provide information (whether by completing a form or otherwise) if: (a) the first person requests or requires the information in connection with, or for the purposes of, doing the act referred to in subsection (1); and (b) either or both of the following applies: (i) persons who do not have the disability would not be requested or required to provide the information in circumstances that are not materially different; (ii) the information relates to the disability. (3) Subsection (2) does not apply if: (a) evidence is produced to the effect that none of the purposes for which the first person requested or required the information was the purpose of unlawfully discriminating against the other person on the ground of the disability; and (b) the evidence is not rebutted. Example: An employer may not require a prospective employee to provide genetic information if the employer intends to use that information to unlawfully discriminate against the employee on the ground of a disability of the employee. However, the employer may require such information in order to determine if the prospective employee would be able to carry out the inherent requirements of the employment or to determine what reasonable adjustments to make for the employee. (4) This section has effect subject to subsection 54A(5) (evidence that an animal is an assistance animal). Division 2A—Disability standards 31 Disability standards (1) The Minister may, by legislative instrument, formulate standards, to be known as disability standards, in relation to any area in which it is unlawful under this Part for a person to discriminate against another person on the ground of a disability of the other person. (2) Without limiting subsection (1), a disability standard may: (a) deal with the following: (i) reasonable adjustments; (ii) strategies and programs to prevent harassment or victimisation of persons with a disability; (iii) unjustifiable hardship; (iv) exemptions from the disability standard, including the power (if any) of the Commission to grant such exemptions; or (b) provide that the disability standard, in whole or in part, is or is not intended to affect the operation of a law of a State or Territory. (3) Before making a disability standard, the Minister must take into consideration any comments made to the Minister by a Minister of a State or Territory who is responsible for matters relating to disability discrimination. (4) A legislative instrument made under this section does not take effect before the end of the period in which it could be disallowed in either House of the Parliament. 32 Unlawful to contravene disability standards It is unlawful for a person to contravene a disability standard. 33 Division 5 generally not to apply to disability standards Division 5 (other than subsections 55(1A) to (1D) and any reference in that Division to those provisions) does not apply in relation to a disability standard. 34 This Part not to apply if person acts in accordance with disability standards If a person acts in accordance with a disability standard this Part (other than this Division) does not apply to the person's act. Division 3—Discrimination involving harassment 35 Harassment in employment (1) It is unlawful for a person to harass another person who: (a) is an employee of that person; and (b) has a disability; in relation to the disability. (2) It is unlawful for a person to harass another person who: (a) is an employee of a person by whom the first‑mentioned person is employed; and (b) has a disability; in relation to the disability. (3) It is unlawful for a person to harass another person who: (a) is seeking employment by the first‑mentioned person or by an employer of the first‑mentioned person; and (b) has a disability; in relation to the disability. (4) It is unlawful for a person to harass another person who: (a) is a commission agent or contract worker of that person; and (b) has a disability; in relation to the disability. (5) It is unlawful for a person to harass another person who: (a) is a commission agent or contract worker of a person of whom the first‑mentioned person is a commission agent or contract worker; and (b) has a disability; in relation to the disability. (6) It is unlawful for a person to harass another person who: (a) is seeking to become a commission agent or contract worker of the first‑mentioned person or of a person of whom the first‑mentioned person is a commission agent or contract worker; and (b) has a disability; in relation to the disability. 37 Harassment in education It is unlawful for a person who is a member of the staff of an educational institution to harass another person who: (a) is a student at that educational institution or is seeking admission to that educational institution as a student; and (b) has a disability; in relation to the disability. 39 Harassment in relation to the provision of goods and services It is unlawful for a person who, whether for payment or not, provides goods or services, or makes facilities available, to harass another person who: (a) wants to acquire the goods or services or to make use of the facilities; and (b) has a disability; in relation to the disability. Division 4—Offences 41 Unlawful act not offence unless expressly so provided Except as expressly provided by this Division, nothing in this Act makes it an offence to do an act that is unlawful because of a provision of this Part. 42 Victimisation (1) It is an offence for a person to commit an act of victimisation against another person. Penalty: Imprisonment for 6 months. (2) For the purposes of subsection (1), a person is taken to commit an act of victimisation against another person if the first‑mentioned person subjects, or threatens to subject, the other person to any detriment on the ground that the other person: (a) has made, or proposes to make, a complaint under this Act or the Australian Human Rights Commission Act 1986; or (b) has brought, or proposes to bring, proceedings under this Act or the Australian Human Rights Commission Act 1986 against any person; or (c) has given, or proposes to give, any information, or has produced, or proposes to produce, any documents to a person exercising or performing any power or function under this Act or the Australian Human Rights Commission Act 1986; or (d) has attended, or proposes to attend, a conference held under this Act or the Australian Human Rights Commission Act 1986; or (e) has appeared, or proposes to appear, as a witness in a proceeding under this Act or the Australian Human Rights Commission Act 1986; or (f) has reasonably asserted, or proposes to assert, any rights of the person or the rights of any other person under this Act or the Australian Human Rights Commission Act 1986; or (g) has made an allegation that a person has done an act that is unlawful by reason of a provision of this Part; or on the ground that the first‑mentioned person believes that the other person has done, or proposes to do, an act or thing referred to in any of paragraphs (a) to (g) (inclusive). 43 Offence to incite doing of unlawful acts or offences It is an offence for a person: (a) to incite the doing of an act that is unlawful under a provision of Division 1, 2, 2A or 3; or (c) to assist or promote whether by financial assistance or otherwise the doing of such an act. Penalty: Imprisonment for 6 months. 44 Advertisements (1) It is an offence for a person to publish or display, or cause or permit to be published or displayed, an advertisement or notice that indicates, or could reasonably be understood as indicating, an intention by that person to do an act that is unlawful under a provision of Division 1, 2, 2A or 3. Penalty: 10 penalty units. (2) For the purposes of subsection (1), advertisement includes every form of advertisement or notice, whether to the public or not, and whether in a newspaper or other publication, by television or radio, by display of notices, signs, labels, show cards or goods, by distribution of samples, circulars, catalogues, price lists or other material, by exhibition of pictures, models or films or in any other way, and the reference in that subsection to publish or display, in relation to an advertisement, is to be construed accordingly. Division 5—Exemptions 45 Special measures (1) This Part does not render it unlawful to do an act that is reasonably intended to: (a) ensure that persons who have a disability have equal opportunities with other persons in circumstances in relation to which a provision is made by this Act; or (b) afford persons who have a disability or a particular disability, goods or access to facilities, services or opportunities to meet their special needs in relation to: (i) employment, education, accommodation, clubs or sport; or (ii) the provision of goods, services, facilities or land; or (iii) the making available of facilities; or (iv) the administration of Commonwealth laws and programs; or (v) their capacity to live independently; or (c) afford persons who have a disability or a particular disability, grants, benefits or programs, whether direct or indirect, to meet their special needs in relation to: (i) employment, education, accommodation, clubs or sport; or (ii) the provision of goods, services, facilities or land; or (iii) the making available of facilities; or (iv) the administration of Commonwealth laws and programs; or (v) their capacity to live independently. (2) However, subsection (1) does not apply: (a) in relation to discrimination in implementing a measure referred to in that subsection if the discrimination is not necessary for implementing the measure; or (b) in relation to the rates of salary or wages paid to persons with disabilities. Note: For discrimination in relation to the rates of salary or wages paid to persons with disabilities, see paragraphs 47(1)(c) and (d). 46 Superannuation and insurance (1) This Part does not render it unlawful for a person to discriminate against another person, on the ground of the other person's disability, by refusing to offer the other person: (a) an annuity; or (b) a life insurance policy; or (c) a policy of insurance against accident or any other policy of insurance; or (d) membership of a superannuation or provident fund; or (e) membership of a superannuation or provident scheme; if: (f) the discrimination: (i) is based upon actuarial or statistical data on which it is reasonable for the first‑mentioned person to rely; and (ii) is reasonable having regard to the matter of the data and other relevant factors; or (g) in a case where no such actuarial or statistical data is available and cannot reasonably be obtained—the discrimination is reasonable having regard to any other relevant factors. (2) This Part does not render it unlawful for a person to discriminate against another person, on the ground of the other person's disability, in respect of the terms or conditions on which: (a) an annuity; or (b) a life insurance policy; or (c) a policy of insurance against accident or any other policy of insurance; or (d) membership of a superannuation or provident fund; or (e) membership of a superannuation or provident scheme; is offered to, or may be obtained by, the other person, if: (f) the discrimination: (i) is ba