Commonwealth: Sex Discrimination Act 1984 (Cth)

Sex Discrimination Act 1984 No. 4, 1984 Compilation No. 46 Compilation date: 14 October 2024 Includes amendments: Act No. 38, 2024 About this compilation This compilation This is a compilation of the Sex Discrimination Act 1984 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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 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 Review 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 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 sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy, potential pregnancy, breastfeeding or family responsibilities, and relating to discrimination involving sexual harassment, harassment on the ground of sex or hostile workplace environments Recognising the need to prohibit, so far as is possible, discrimination against people on the ground of sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities in the areas of work, accommodation, education, the provision of goods, facilities and services, the disposal of land, the activities of clubs and the administration of Commonwealth laws and programs: Affirming that every individual is equal before and under the law, and has the right to the equal protection and equal benefit of the law, without discrimination on the ground of sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities: Part I—Preliminary 1 Short title This Act may be cited as the Sex Discrimination Act 1984. 2 Commencement This Act shall come into operation on a day to be fixed by Proclamation. 3 Objects The objects of this Act are: (a) to give effect to certain provisions of the Convention on the Elimination of All Forms of Discrimination Against Women and to provisions of other relevant international instruments; and (b) to eliminate, so far as is possible, discrimination against persons on the ground of sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy or breastfeeding in the areas of work, accommodation, education, the provision of goods, facilities and services, the disposal of land, the activities of clubs and the administration of Commonwealth laws and programs; and (ba) to eliminate, so far as possible, discrimination on the ground of family responsibilities in the area of work; and (c) to eliminate, so far as is possible, discrimination involving sexual harassment, and discrimination involving harassment on the ground of sex, in the workplace, in educational institutions and in other areas of public activity; and (ca) to eliminate, so far as is possible, discrimination involving subjecting persons to workplace environments that are hostile on the ground of sex; and (d) to promote recognition and acceptance within the community of the principle of the equality of men and women; and (e) to achieve, so far as practicable, substantive equality between men and women. 4 Interpretation (1) In this Act, unless the contrary intention appears: accommodation includes residential and business accommodation. ACNC type of entity means an entity that meets the description of a type of entity in column 1 of the table in subsection 25‑5(5) of the Australian Charities and Not‑for‑profits Commission Act 2012. breastfeeding has a meaning affected by subsections 7AA(3) and (4). 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 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 Sex Discrimination Commissioner appointed under section 96. 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 administrative office means: (a) an office established by, or an appointment made under, a law of the Commonwealth; or (b) an office established by, or an appointment made under, a law of a Territory; or (c) an appointment made by the Governor‑General or a Minister otherwise than under a law of the Commonwealth or of a Territory (including the Australian Capital Territory and the Northern Territory); or (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 (g) an office or appointment in the Australian Public Service; or (h) an office of member of either House of the Parliament; or (i) an office of a person employed under the Members of Parliament (Staff) Act 1984; or (j) a Commonwealth judicial office. Note: A person who holds an office or appointment mentioned in paragraph (g), (h), (i) or (j) is covered by the definition of Commonwealth employee. 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 a Commonwealth administrative office; (c) is employed by a public authority of the Commonwealth; (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; (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 a member of either House of the Parliament; or (h) is a person employed under the Members of Parliament (Staff) Act 1984; or (i) is a person who holds a Commonwealth judicial office. Note: See also section 108. Commonwealth‑funded aged care means: (a) aged care, within the meaning of the Aged Care Act 1997: (i) that is provided by an approved provider, within the meaning of that Act; and (ii) in relation to which the approved provider has responsibilities under that Act; or (b) care or services in relation to which a grant has been paid under Chapter 5 of the Aged Care Act 1997; or (c) care or services of a class prescribed by the regulations for the purpose of this paragraph. Commonwealth judicial office means: (a) an office of a Justice of the High Court; or (b) an office of a judge or justice of a court created by the Parliament. Commonwealth law means: (a) an Act, or a regulation, rule, by‑law or determination made under or pursuant to an Act; (b) an Ordinance of a Territory, or a regulation, rule, by‑law or determination made under or pursuant to an Ordinance of a Territory; or (c) an order or award made under or pursuant to 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 pursuant to a contract between the employer of the first‑mentioned person and that other person. de facto partner has the meaning given by the Acts Interpretation Act 1901. Department means an Agency within the meaning of the Public Service Act 1999. disability has the same meaning as in the Disability Discrimination Act 1992. 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; (b) work under a contract for services; and (c) work as a Commonwealth employee; and (d) work as a State employee of a State. Note 1: Other parts of speech and grammatical forms of "employment" (for example, "employer" and "employee") have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901). Note 2: See also sections 108 (Commonwealth employee) and 109 (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, and includes the Commonwealth Employment Service. enactment has the same meaning as in the Australian Human Rights Commission Act 1986. family responsibilities has the meaning given by section 4A. function includes duty. gender identity means the gender‑related identity, appearance or mannerisms or other gender‑related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person's designated sex at birth. harass on the ground of sex has the meaning given by section 28AA. Note: Other parts of speech and grammatical forms of "harass on the ground of sex" (for example, "harassment on the ground of sex") have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901). institution of tertiary education means a university, college of advanced education, technical and further education institution or other institution at which tertiary education or training is provided. intersex status means the status of having physical, hormonal or genetic features that are: (a) neither wholly female nor wholly male; or (b) a combination of female and male; or (c) neither female nor male. marital or relationship status means a person's status of being any of the following: (a) single; (b) married; (c) married, but living separately and apart from his or her spouse; (d) divorced; (e) the de facto partner of another person; (f) the de facto partner of another person, but living separately and apart from that other person; (g) the former de facto partner of another person; (h) the surviving spouse or de facto partner of a person who has died. 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). Parliament of a State: (a) in a case where the State is the Australian Capital Territory—means the Legislative Assembly for the Australian Capital Territory; or (b) in a case where the State is the Northern Territory—means the Legislative Assembly of the Northern Territory. person conducting a business or undertaking has the same meaning as in the Work Health and Safety Act 2011. potential pregnancy has a meaning affected by section 4B. 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 pursuant to 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 a State means: (a) a body that: (i) is incorporated (whether before or after the commencement of this definition) for a public purpose by a law of the State; and (ii) employs staff on its own behalf; or (b) an authority or body that: (i) is not a body corporate; and (ii) is established (whether before or after the commencement of this definition) for a public purpose by, or in accordance with the provisions of, a law of the State; and (iii) employs staff on its own behalf; or (c) an incorporated company over which the State, or a body or authority referred to in paragraph (a) or (b), is in a position to exercise control. 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; (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. 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. relevant international instrument means: (a) the Convention on the Elimination of All Forms of Discrimination Against Women done at New York on 18 December 1979 ([1983] ATS 9) (a copy of the English text of which is set out in the Schedule); or (b) the International Covenant on Civil and Political Rights done at New York on 16 December 1966 ([1980] ATS 23); or (c) the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966 ([1976] ATS 5); or (d) the Convention on the Rights of the Child done at New York on 20 November 1989 ([1991] ATS 4); or (e) ILO Convention (No. 100) concerning Equal Remuneration for Men and Women Workers for Work of Equal Value done at Geneva on 29 June 1951 ([1975] ATS 45); or (f) ILO Convention (No. 111) concerning Discrimination in respect of Employment and Occupation done at Geneva on 25 June 1958 ([1974] ATS 12); or (g) ILO Convention (No. 156) concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities done at Geneva on 23 June 1981 ([1991] ATS 7); or (h) ILO Convention (No. 158) concerning Termination of Employment at the Initiative of the Employer done at Geneva on 22 June 1982 ([1994] ATS 4). Note: In 2010, the text of a Convention or Covenant in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). services includes: (a) services relating to banking, insurance and the provision of grants, loans, credit or finance; (b) services relating to entertainment, recreation or refreshment; (c) services relating to transport or travel; (d) services of the kind provided by the members of any profession or trade; and (e) services of the kind provided by a government, a government authority or a local government body. sexually harass has the meaning given by section 28A. Note: Other parts of speech and grammatical forms of "sexually harass" (for example, "sexual harassment") have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901). sexual orientation means a person's sexual orientation towards: (a) persons of the same sex; or (b) persons of a different sex; or (c) persons of the same sex and persons of a different sex. State, except in subsections 9(15), (16), (17) and (18), includes the Australian Capital Territory and the Northern Territory. State administrative office of a State means: (a) an office established by, or an appointment made under, a law of the State; or (b) an appointment made by: (i) the Governor of the State; or (ii) the Administrator of the State; or (iii) a Minister of the State; otherwise than under a law of the State; or (c) an appointment as a director of an incorporated company that is a public authority of the State; but does not include: (d) an office or appointment under a law of the State that corresponds to the Public Service Act 1999; or (e) an office of member of the Parliament of the State; or (f) an office of a member of the staff of a member of the Parliament of the State; or (g) a State judicial office of the State. Note: A person who holds an office or appointment mentioned in paragraph (d), (e), (f) or (g) is covered by the definition of State employee. State employee of a State means a person who: (a) is appointed or engaged under a law of the State that corresponds to the Public Service Act 1999; or (b) holds a State administrative office of the State; or (c) is employed by a public authority of the State; or (d) is a member of the Parliament of the State; or (e) is a member of the staff of a member of the Parliament of the State; or (f) is a person who holds a State judicial office of the State. Note: See also section 109. State judicial office of a State means: (a) an office of a judge or justice of a court of the State; or (b) an office of a magistrate of a court of the State. superannuation benefit, in relation to a member of a superannuation fund, means a benefit that is payable, under the terms and conditions relating to the fund: (a) in the event of the member's death—to the estate of the deceased or to someone other than the deceased; or (b) in the event of the member's physical or mental incapacity—to the member or to someone other than the member. superannuation fund means a superannuation or provident fund or scheme. superannuation fund conditions, in relation to a superannuation fund, means the terms and conditions that relate to membership of, or benefits payable from, the superannuation fund. surviving spouse or de facto partner of a person who has died means a person who was the person's spouse or de facto partner immediately before the person died. technical and further education institution has the same meaning as that expression has in the Employment, Education and Training Act 1988. Territory, except in subsections 9(17) and (18), does not include the Australian Capital Territory and the Northern Territory. 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; (b) a registered organisation; (c) a body established by a law of the Commonwealth, of a State or of a Territory; or (d) an association that provides grants, loans, credit or finance to its members. worker has the same meaning as in the Work Health and Safety Act 2011. worker in a business or undertaking has the meaning given by section 28AB. workplace has the same meaning as in the Work Health and Safety Act 2011. (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. 4A Meaning of family responsibilities (1) In this Act, family responsibilities, in relation to a person, means responsibilities of the person to care for or support: (a) a dependent child of the person; or (b) any other immediate family member who is in need of care and support. (2) In this section: child: without limiting who is a child of a person for the purposes of this section, each of the following is the child of a person: (a) an adopted child, stepchild or exnuptial child of the person; (b) someone who is a child of the person within the meaning of the Family Law Act 1975. dependent child means a child who is wholly or substantially dependent on the person. immediate family member includes: (a) a spouse of the person; and (b) an adult child, parent, grandparent, grandchild or sibling of the person or of a spouse of the person. parent: without limiting who is a parent of a person for the purposes of this section, someone is the parent of a person if the person is his or her child because of paragraph (b) of the definition of child in this subsection. spouse includes a former spouse, a de facto partner and a former de facto partner. stepchild: without limiting who is a stepchild of a person for the purposes of this section, someone is the stepchild of the person if he or she would be the person's stepchild except that the person is not legally married to the partner. (3) For the purposes of this section, if one person is the child of another person because of paragraph (b) of the definition of child in subsection (2), relationships traced to or through the person are to be determined on the basis that the person is the child of the other person. 4B Meaning of potential pregnancy A reference in this Act to potential pregnancy of a woman includes a reference to: (a) the fact that the woman is or may be capable of bearing children; or (b) the fact that the woman has expressed a desire to become pregnant; or (c) the fact that the woman is likely, or is perceived as being likely, to become pregnant. 5 Sex discrimination (1) For the purposes of this Act, a person (in this subsection referred to as the discriminator) discriminates against another person (in this subsection referred to as the aggrieved person) on the ground of the sex of the aggrieved person if, by reason of: (a) the sex of the aggrieved person; (b) a characteristic that appertains generally to persons of the sex of the aggrieved person; or (c) a characteristic that is generally imputed to persons of the sex of the aggrieved person; the discriminator treats the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person of a different sex. (2) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the sex of the aggrieved person if the discriminator imposes, or proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging persons of the same sex as the aggrieved person. (3) This section has effect subject to sections 7B and 7D. 5A Discrimination on the ground of sexual orientation (1) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person's sexual orientation if, by reason of: (a) the aggrieved person's sexual orientation; or (b) a characteristic that appertains generally to persons who have the same sexual orientation as the aggrieved person; or (c) a characteristic that is generally imputed to persons who have the same sexual orientation as the aggrieved person; the discriminator treats the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person who has a different sexual orientation. (2) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person's sexual orientation if the discriminator imposes, or proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging persons who have the same sexual orientation as the aggrieved person. (3) This section has effect subject to sections 7B and 7D. 5B Discrimination on the ground of gender identity (1) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person's gender identity if, by reason of: (a) the aggrieved person's gender identity; or (b) a characteristic that appertains generally to persons who have the same gender identity as the aggrieved person; or (c) a characteristic that is generally imputed to persons who have the same gender identity as the aggrieved person; the discriminator treats the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person who has a different gender identity. (2) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person's gender identity if the discriminator imposes, or proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging persons who have the same gender identity as the aggrieved person. (3) This section has effect subject to sections 7B and 7D. 5C Discrimination on the ground of intersex status (1) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person's intersex status if, by reason of: (a) the aggrieved person's intersex status; or (b) a characteristic that appertains generally to persons of intersex status; or (c) a characteristic that is generally imputed to persons of intersex status; the discriminator treats the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person who is not of intersex status. (2) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person's intersex status if the discriminator imposes, or proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging persons of intersex status. (3) This section has effect subject to sections 7B and 7D. 6 Discrimination on the ground of marital or relationship status (1) For the purposes of this Act, a person (in this subsection referred to as the discriminator) discriminates against another person (in this subsection referred to as the aggrieved person) on the ground of the marital or relationship status of the aggrieved person if, by reason of: (a) the marital or relationship status of the aggrieved person; or (b) a characteristic that appertains generally to persons of the marital or relationship status of the aggrieved person; or (c) a characteristic that is generally imputed to persons of the marital or relationship status of the aggrieved person; the discriminator treats the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person of a different marital or relationship status. (2) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the marital or relationship status of the aggrieved person if the discriminator imposes, or proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging persons of the same marital or relationship status as the aggrieved person. (3) This section has effect subject to sections 7B and 7D. 7 Discrimination on the ground of pregnancy or potential pregnancy (1) For the purposes of this Act, a person (the discriminator) discriminates against a woman (the aggrieved woman) on the ground of the aggrieved woman's pregnancy or potential pregnancy if, because of: (a) the aggrieved woman's pregnancy or potential pregnancy; or (b) a characteristic that appertains generally to women who are pregnant or potentially pregnant; or (c) a characteristic that is generally imputed to women who are pregnant or potentially pregnant; the discriminator treats the aggrieved woman less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat someone who is not pregnant or potentially pregnant. (2) For the purposes of this Act, a person (the discriminator) discriminates against a woman (the aggrieved woman) on the ground of the aggrieved woman's pregnancy or potential pregnancy if the discriminator imposes, or proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging women who are pregnant or potentially pregnant. (3) This section has effect subject to sections 7B and 7D. 7AA Discrimination on the ground of breastfeeding (1) For the purposes of this Act, a person (the discriminator) discriminates against a woman (the aggrieved woman) on the ground of the aggrieved woman's breastfeeding if, by reason of: (a) the aggrieved woman's breastfeeding; or (b) a characteristic that appertains generally to women who are breastfeeding; or (c) a characteristic that is generally imputed to women who are breastfeeding; the discriminator treats the aggrieved woman less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat someone who is not breastfeeding. (2) For the purposes of this Act, a person (the discriminator) discriminates against a woman (the aggrieved woman) on the ground of the aggrieved woman's breastfeeding if the discriminator imposes, or proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging women who are breastfeeding. (3) To avoid doubt, a reference in this Act to breastfeeding includes the act of expressing milk. (4) To avoid doubt, a reference in this Act to breastfeeding includes: (a) an act of breastfeeding; and (b) breastfeeding over a period of time. (5) This section has effect subject to sections 7B and 7D. 7A Discrimination on the ground of family responsibilities For the purposes of this Act, an employer discriminates against an employee on the ground of the employee's family responsibilities if: (a) the employer treats the employee less favourably than the employer treats, or would treat, a person without family responsibilities in circumstances that are the same or not materially different; and (b) the less favourable treatment is by reason of: (i) the family responsibilities of the employee; or (ii) a characteristic that appertains generally to persons with family responsibilities; or (iii) a characteristic that is generally imputed to persons with family responsibilities. 7B Indirect discrimination: reasonableness test (1) A person does not discriminate against another person by imposing, or proposing to impose, a condition, requirement or practice that has, or is likely to have, the disadvantaging effect mentioned in subsection 5(2), 5A(2), 5B(2), 5C(2), 6(2), 7(2) or 7AA(2) if the condition, requirement or practice is reasonable in the circumstances. (2) The matters to be taken into account in deciding whether a condition, requirement or practice is reasonable in the circumstances include: (a) the nature and extent of the disadvantage resulting from the imposition, or proposed imposition, of the condition, requirement or practice; and (b) the feasibility of overcoming or mitigating the disadvantage; and (c) whether the disadvantage is proportionate to the result sought by the person who imposes, or proposes to impose, the condition, requirement or practice. 7C Burden of proof In a proceeding under this Act, the burden of proving that an act does not constitute discrimination because of section 7B lies on the person who did the act. 7D Special measures intended to achieve equality (1) A person may take special measures for the purpose of achieving substantive equality between: (a) men and women; or (aa) people who have different sexual orientations; or (ab) people who have different gender identities; or (ac) people who are of intersex status and people who are not; or (b) people who have different marital or relationship statuses; or (c) women who are pregnant and people who are not pregnant; or (d) women who are potentially pregnant and people who are not potentially pregnant; or (e) women who are breastfeeding and people who are not breastfeeding; or (f) people with family responsibilities and people without family responsibilities. (2) A person does not discriminate against another person under section 5, 5A, 5B, 5C, 6, 7, 7AA or 7A by taking special measures authorised by subsection (1). (3) A measure is to be treated as being taken for a purpose referred to in subsection (1) if it is taken: (a) solely for that purpose; or (b) for that purpose as well as other purposes, whether or not that purpose is the dominant or substantial one. (4) This section does not authorise the taking, or further taking, of special measures for a purpose referred to in subsection (1) that is achieved. 8 Act done for 2 or more reasons A reference in subsection 5(1), 5A(1), 5B(1), 5C(1), 6(1), 7(1) or 7AA(1), section 7A or subsection 28AA(1) to the doing of an act by reason of a particular matter includes a reference to the doing of such an act by reason of 2 or more matters that include the particular matter, whether or not the particular matter is the dominant or substantial reason for the doing of the act. 8A Workplace environment that is hostile for 2 or more reasons For the purposes of this Act, a workplace environment may be offensive, intimidating or humiliating to a person by reason of: (a) the sex of the person; or (b) a characteristic that appertains generally to persons of the sex of the person; or (c) a characteristic that is generally imputed to persons of the sex of the person; if it is offensive, intimidating or humiliating by reason of 2 or more matters that include the sex or the characteristic, whether or not the sex or the characteristic is the dominant or substantial reason. 9 Application of Act (1) In this section: Australia includes the external Territories. prescribed provisions of Division 3 of Part II means the provisions of Division 3 of Part II other than sections 28D and 28L. prescribed provisions of Part II means the provisions of Divisions 1 and 2 of Part II other than sections 19, 26 and 27. (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 prescribed provisions of Part II, and the prescribed provisions of Division 3 of Part II, have effect as provided by subsection (3) of this section and the following provisions of this section and not otherwise. (5) Sections 14, 15 and 16 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. (5A) Section 28B has effect in relation to sexual harassment, or harassment on the ground of sex, of: (a) Commonwealth employees in connection with their employment as Commonwealth employees; and (b) persons seeking to become Commonwealth employees. (6) Section 18 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 authorization or qualification. (6A) Section 28C has effect in relation to sexual harassment, or harassment on the ground of sex, 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 prescribed provisions of Part II 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 prescribed provisions of Division 3 of Part II have effect in relation to acts done by a person exercising, 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; a power conferred by a law of the Commonwealth or a law of a Territory, being acts done by the person in connection with the exercise of that power. (9) The prescribed provisions of Division 3 of Part II have effect in relation to acts done by or in relation to a person who is a Commonwealth employee in connection with the person's duties as a Commonwealth employee or done by or in relation to a person who is a member of the staff of an educational institution established by a law of the Commonwealth or a law of a Territory in connection with the person's duties as a member of the staff of such an educational institution. (10) The prescribed provisions of Part II, and the prescribed provisions of Division 3 of Part II, have effect to the extent that the provisions give effect to a relevant international instrument. (11) The prescribed provisions of Part II 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 or in relation to a person in the course of the person's duties or purported duties as an officer or employee of such a corporation. (12) The prescribed provisions of Division 3 of Part II have effect in relation to acts done, by or in relation to a person who is an officer or employee of a foreign corporation, or of a trading or financial corporation formed within the limits of the Commonwealth, in connection with the person's duties as such an officer or employee. (13) Without prejudice to the effect of subsection (11), the prescribed provisions of Part II have effect in relation to discrimination by a trading or financial corporation formed within the limits of the Commonwealth, or by or in relation to 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. (14) Without prejudice to the effect of subsection (12), the prescribed provisions of Division 3 of Part II have effect in relation to acts done, by or in relation to a person who is an officer or employee of a trading or financial corporation formed within the limits of the Commonwealth, in connection with any of the person's duties as such an officer or employee that relate to the trading activities of the trading corporation or the financial activities of the financial corporation, as the case may be. (15) The prescribed provisions of Part II 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. (16) The prescribed provisions of Division 3 of Part II have effect in relation to acts done 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. (17) The prescribed provisions of Part II 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; (b) among the States; (c) between a State and a Territory; or (d) between 2 Territories. (18) The prescribed provisions of Division 3 of Part II have effect in relation to acts done in the course of, or in relation to, trade or commerce: (a) between Australia and a place outside Australia; (b) among the States; (c) between a State and a Territory; or (d) between 2 Territories. (19) The prescribed provisions of Part II have effect in relation to discrimination within Australia involving persons or things, or matters arising, outside Australia. (20) The prescribed provisions of Division 3 of Part II have effect in relation to acts done within Australia involving persons or things, or matters arising, outside Australia. (21) The prescribed provisions of Division 3 of Part II have effect in relation to acts done using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution). 10 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 by virtue of any of the provisions of section 9 other than subsection 9(10). (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 work health and safety, discrimination on the ground of sex, discrimination on the ground of sexual orientation, discrimination on the ground of gender identity, discrimination on the ground of intersex status, discrimination on the ground of marital or relationship status, discrimination on the ground of pregnancy or potential pregnancy, discrimination on the ground of breastfeeding or discrimination on the ground of family responsibilities. (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. (4) Where: (a) a law of a State or Territory deals with a matter dealt with by this Act; and (b) a person has made a complaint, instituted a proceeding or taken any other action under that law, other than a claim for workers compensation, in respect of an act or omission in respect of which the person would, but for 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 II 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 II of this Act. (5) Where: (a) a law of a State or Territory deals with a matter dealt with by this Act; 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. 11 Operation of State and Territory laws that further objects of relevant international instruments (1) A reference in this section to this Act is a reference to this Act as it has effect by virtue of subsection 9(10). (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 work health and safety, discrimination on the ground of sex, discrimination on the ground of sexual orientation, discrimination on the ground of gender identity, discrimination on the ground of intersex status, discrimination on the ground of marital or relationship status, discrimination on the ground of pregnancy or potential pregnancy, discrimination on the ground of breastfeeding or discrimination on the ground of family responsibilities. (3) This Act is not intended to exclude or limit the operation of a law of a State or Territory that furthers the objects of a relevant international instrument and is capable of operating concurrently with this Act. (4) Where: (a) a law of a State or Territory that furthers the objects of a relevant international instrument deals with a matter dealt with by this Act; and (b) a person has made a complaint, instituted a proceeding or taken any other action under that law, other than a claim for workers compensation, in respect of an act or omission in respect of which the person would, but for 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 II 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 II of this Act. (5) Where: (a) a law of a State or Territory that furthers the objects of a relevant international instrument deals with a matter dealt with by this Act; 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. 12 Crown to be bound (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence. 13A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Part II—Prohibition of discrimination etc. Division 1—Discrimination in work 14 Discrimination in employment or in superannuation (1) It is unlawful for an employer to discriminate against a person on the ground of the person's sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities: (a) in the arrangements made for the purpose of determining who should be offered employment; (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 to discriminate against an employee on the ground of the employee's sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities: (a) in the terms or conditions of employment that the employer affords the employee; (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; (c) by dismissing the employee; or (d) by subjecting the employee to any other detriment. (3) Nothing in paragraph (1)(a) or (b) renders it unlawful for a person to discriminate against another person, on the ground of the other person's sex, in connection with employment to perform domestic duties on the premises on which the first‑mentioned person resides. (4) Where a person exercises a discretion in relation to the payment of a superannuation benefit to or in respect of a member of a superannuation fund, it is unlawful for the person to discriminate, in the exercise of the discretion, against the member or another person on the ground, in either case, of the sex, sexual orientation or marital or relationship status of the member or that other person. (5) Subsection (4) does not apply if section 41B applies to that member in respect of that fund. (6) In this section: member, in relation to a superannuation fund, includes a person who has been a member of the fund at any time. 15 Discrimination against commission agents (1) It is unlawful for a principal to discriminate against a person on the ground of the person's sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities: (a) in the arrangements the principal makes for the purpose of determining who should be engaged as a commission agent; (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 sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities: (a) in the terms or conditions that the principal affords the commission agent as a commission agent; (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; (c) by terminating the engagement; or (d) by subjecting the commission agent to any other detriment. 16 Discrimination against contract workers It is unlawful for a principal to discriminate against a contract worker on the ground of the contract worker's sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities: (a) in the terms or conditions on which the principal allows the contract worker to work; (b) by not allowing the contract worker to work or continue to work; (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. 17 Partnerships (1) It is unlawful for 6 or more persons, being persons who are proposing to form themselves into a partnership, to discriminate against a person on the ground of the person's sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities: (a) in determining who should be invited to become a partner in the partnership; or (b) in the terms or conditions on which the 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 6 or more partners to discriminate against a person on the ground of the person's sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities: (a) in determining who should be invited to become a partner in the partnership; or (b) in the terms or conditions on which the 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 6 or more partners to discriminate against a partner in the partnership on the ground of the partner's sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities: (a) by denying the partner access, or limiting the partner's access, to any benefit arising from being a partner in the partnership; (b) by expelling the partner from the partnership; or (c) by subjecting the partner to any other detriment. 18 Qualifying bodies It is unlawful for an authority or body that is empowered to confer, renew, extend, revoke or withdraw an authorization 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 sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities: (a) by refusing or failing to confer, renew or extend the authorization or qualification; (b) in the terms or conditions on which it is prepared to confer the authorization or qualification or to renew or extend the authorization or qualification; or (c) by revoking or withdrawing the authorization or qualification or varying the terms or conditions upon which it is held. 19 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 sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities: (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 sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities: (a) by denying the member access, or limiting the member's access, to any benefit provided by the organisation; (b) by depriving the member of membership or varying the terms of membership; or (c) by subjecting the member to any other detriment. 20 Employment agencies It is unlawful for an employment agency to discriminate against a person on the ground of the person's sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities: (a) by refusing to provide the person with any of its services; (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. Division 2—Discrimination in other areas 21 Education (1) It is unlawful for an educational authority to discriminate against a person on the ground of the person's sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, or breastfeeding: (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 sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, or breastfeeding: (a) by denying the student access, or limiting the student's access, to any benefit provided by the educational authority; (b) by expelling the student; or (c) by subjecting the student to any other detriment. (3) Nothing in this section applies to or in respect of a refusal or failure to accept a person's application for admission as a student at an educational institution where: (a) the educational institution is conducted solely for students of a different sex from the sex of the applicant; or (b) except in the case of an institution of tertiary education—education or training at the level at which the applicant is seeking education or training is provided by the educational institution only or mainly for students of a different sex from the sex of the applicant. 22 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 sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, or breastfeeding: (a) by refusing to provide the other person with those goods or services or to make those facilities available to the other person; (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. 23 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 sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, or breastfeeding: (a) by refusing the other person's application for accommodation; (b) in the terms or conditions on which 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 sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, or breastfeeding: (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; (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. (3) Nothing in this section applies 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 (i) or near relatives of such a person; or (b) accommodation provided by a religious body; or (c) accommodation provided by: (i) an entity registered under the Australian Charities and Not‑for‑profits Commission Act 2012; or (ii) a not‑for‑profit entity that is not an ACNC type of entity; solely for persons of one sex or solely for persons of one or more particular marital or relationship statuses. (3A) Paragraph (3)(b) does not apply to accommodation provided by a religious body in connection with the provision, by the body, of Commonwealth‑funded aged care. 24 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