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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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