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Sex Discrimination Act 1984
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C2023C00316 C45
17 October 2023
-
13 October 2024
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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
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Part II—Prohibition of discrimination etc.
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Division 1—Discrimination in work
14 Discrimination in employment or in superannuation
15 Discrimination against commission agents
16 Discrimination against contract workers
17 Partnerships
18 Qualifying bodies
19 Registered organisations under the Fair Work (Registered Organisations) Act 2009
20 Employment agencies
Division 2—Discrimination in other areas
21 Education
22 Goods, services and facilities
23 Accommodation
24 Land
25 Clubs
26 Administration of Commonwealth laws and programs
27 Requests for information
Division 3—Harassment etc.
28A Meaning of sexual harassment
28AA Meaning of harassment on the ground of sex
28AB Meaning of worker in a business or undertaking
28B Employment, partnerships etc.
28C Members of bodies with power to grant etc. occupational qualifications etc.
28D Registered organisations
28E Employment agencies
28F Educational institutions
28G Goods, services and facilities
28H Provision of accommodation
28J Land
28K Clubs
28L Commonwealth laws and programs
28M Hostile workplace environments
Division 4—Exemptions
30 Certain discrimination on ground of sex not unlawful
31 Pregnancy, childbirth or breastfeeding
32 Services for members of one sex
34 Accommodation provided for employees or students
35 Residential care of children
36 Charities
37 Religious bodies
38 Educational institutions established for religious purposes
39 Voluntary bodies
40 Acts done under statutory authority
41 Insurance
41A New superannuation fund conditions
41B Existing superannuation fund conditions
42 Sport
43A Requests for information and keeping of records: not allowing for identifying as being neither male nor female
44 Commission may grant exemptions
45 Review by Administrative Appeals Tribunal
46 Notice of decisions to be published
47 Effect of exemptions
Division 5—Victimisation
47A Victimisation
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Part IIA—Duty to eliminate unlawful sex discrimination etc.
47B Simplified outline of this Part
47C Duty to eliminate unlawful sex discrimination etc.
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Part III—Functions of the Australian Human Rights Commission
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Division 1—Preliminary
48 Functions of the Commission
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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.
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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
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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
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Schedule—Convention on the Elimination of all Forms of Discrimination Against Women
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
