Australian Capital Territory Consolidated Acts
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DISCRIMINATION ACT 1991
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Name of Act
2. Dictionary
3. Notes
4. Objects
4A. Meaning of doing an act
5. U Meaning of complainant and respondent [See Endnotes]
5AA. Meaning of disability
5A. Meaning of potential pregnancy
6. MLAs as employers
6A. U Offences against Act—application of Criminal Code etc [See Endnotes]
PART 2--DISCRIMINATION TO WHICH ACT APPLIES
7. Grounds
8. What constitutes discrimination
9. Disability—guide-dogs etc
PART 3--UNLAWFUL DISCRIMINATION
Division 3.1--Discrimination in work
10. Applicants and employees
11. Employees—religious practice
12. Commission agents
13. Contract workers
14. Partnerships
15. Professional or trade organisations
16. Qualifying bodies
17. Employment agencies
Division 3.2--Discrimination in other areas
18. Education
19. Access to premises
20. Goods, services and facilities
21. Accommodation
22. Clubs
23. Requests etc for information
PART 4--EXCEPTIONS TO UNLAWFUL DISCRIMINATION
Division 4.1--General exceptions
24. Domestic duties
25. Residential care of children
25A. Adoption
26. Domestic accommodation etc
26A. Preselection by employment agencies
27. Measures intended to achieve equality
28. Insurance
29. Superannuation
30. Acts done under statutory authority etc
31. Voluntary bodies
32. Religious bodies
33. Educational institutions conducted for religious purposes
Division 4.2--Exceptions about sex, relationship status, pregnancy or breastfeeding
34. Genuine occupational qualifications—sex
35. Employment of couple
36. Educational institutions for members of one sex
37. Pregnancy, childbirth or breastfeeding
38. Services for members of one sex
39. Accommodation provided for employees, contract workers or students
40. Clubs for members of one sex etc
41. Sport
Division 4.3--Exceptions relating to race
42. Genuine occupational qualifications—race
43. Clubs for members of one race etc
Division 4.4--Exceptions relating to religious or political convictions
44. Religious workers
45. Political workers etc
46. Religious educational institutions
Division 4.5--Exceptions relating to disability
47. Unjustifiable hardship
48. Genuine occupational qualifications—disability
49. Work related discrimination
50. Discrimination by qualifying bodies etc
51. Discrimination by educational institutions
52. Discrimination relating to access to premises
53. Discrimination in the provision of goods and services
54. Discrimination relating to accommodation
55. Discrimination by clubs
56. Public health
57. Sport
Division 4.6--Exceptions relating to age
57A. Genuine occupational qualifications—age
57B. Youth wages
57C. Employment and work—health and safety
57E. Education—minimum-age admissions
57G. Legal incapacity
57H. Benefits and concessions
57J. Goods, services and facilities—health and safety
57K. Recreational tours and accommodation
57L. Clubs
57M. Sport
Division 4.7--Exceptions relating to profession, trade, occupation or calling
57N. Discrimination in profession, trade, occupation or calling
PART 5--SEXUAL HARASSMENT
58. Meaning of sexual harassment for pt 5
59. Employment etc
60. Educational institutions
61. Access to premises
62. Provision of goods, services and facilities
63. Accommodation
64. Clubs
PART 6--RACIAL, SEXUALITY AND HIV/AIDS VILIFICATION
65. Definitions for pt 6
66. Unlawful vilification—race, sexuality etc
67. Serious vilification offence—race, sexuality etc
PART 7--OTHER UNLAWFUL ACTS
68. U Victimisation [See Endnotes]
69. Unlawful advertising
PART 8--COMPLAINTS
Division 8.1--Preliminary
70. U Meaning of party for pt 8 [See Endnotes]
71. U Reliance on exceptions and exemptions [See Endnotes]
Division 8.2--Making, investigation, conciliation and referral of complaints
72. U Complaints about unlawful acts [See Endnotes]
73. U Investigation [See Endnotes]
74. U Notice of investigation [See Endnotes]
75. U Conduct of investigations [See Endnotes]
76. U Stale complaints [See Endnotes]
77. U Single investigation of several complaints [See Endnotes]
78. U Representative complaints [See Endnotes]
79. U Ordinary complaints not prevented by representative complaints [See Endnotes]
80. U Investigation without complaint [See Endnotes]
81. U Declining complaints [See Endnotes]
82. U Compulsory conferences [See Endnotes]
83. U Conciliation [See Endnotes]
84. U Conduct of conciliation [See Endnotes]
85. U Conciliated agreements [See Endnotes]
86. U Conciliation unlikely [See Endnotes]
87. U Referral of complaint [See Endnotes]
88. U Dismissal of complaint [See Endnotes]
89. U Application to strike out complaint [See Endnotes]
90. U Withdrawal of complaint [See Endnotes]
Division 8.3--Hearings before discrimination tribunal
91. U Hearings [See Endnotes]
92. U Procedure [See Endnotes]
93. U Sittings [See Endnotes]
94. U Appearances [See Endnotes]
95. U Representation [See Endnotes]
96. U Witnesses [See Endnotes]
96A. U Appearance by audiovisual or audio links [See Endnotes]
97. U Taking evidence [See Endnotes]
98. U Refusing to take oath or make affirmation [See Endnotes]
Division 8.4--Granting of relief by discrimination tribunal
99. U Interim orders—complaint before commissioner [See Endnotes]
100. U Interim orders—complaint before tribunal [See Endnotes]
101. U Remittal of complaint [See Endnotes]
102. U Decisions following hearing [See Endnotes]
Division 8.5--Enforcement of orders and decisions of discrimination tribunal
103. U Failure to comply [See Endnotes]
104. U Powers of enforcement [See Endnotes]
Division 8.6--Other powers of commissioner and tribunal
105. U Effect of div 8.6 [See Endnotes]
106. U Joining parties [See Endnotes]
107. U Requiring answer or document [See Endnotes]
108. U Prohibiting or controlling publication [See Endnotes]
108A. U Review of directions by commissioner [See Endnotes]
108B. U Prohibited publications [See Endnotes]
108C. U Obtaining information and documents [See Endnotes]
Division 8.7--Miscellaneous
108D. U Statement of reasons [See Endnotes]
108DA. U Referral of questions of law to Supreme Court [See Endnotes]
108DB. U Appeals from tribunal decisions [See Endnotes]
108E. U Selfincrimination etc [See Endnotes]
108F. U Unlawful act not an offence [See Endnotes]
108G. U Unlawful act no basis for civil action [See Endnotes]
108H. U Aiding etc unlawful acts [See Endnotes]
108I. U Acts and omissions of representatives [See Endnotes]
108J. U Protection from civil proceedings [See Endnotes]
108K. U Expenses of witnesses etc [See Endnotes]
108L. U Failure to attend before commissioner or tribunal [See Endnotes]
108M. U Failure to give information etc [See Endnotes]
108N. U Disrupting proceedings before commissioner or tribunal [See Endnotes]
PART 9--EXEMPTIONS
109. U Grant of exemptions [See Endnotes]
110. U Review of decisions [See Endnotes]
PART 9A--DISCRIMINATION TRIBUNAL
Division 9A--.1 Establishment, functions and powers
110A. U Establishment [See Endnotes]
Division 9A--.2 Tribunal members
110C. U Membership of tribunal [See Endnotes]
110D. U Eligibility for appointment [See Endnotes]
110E. U Conditions of appointment generally [See Endnotes]
110F. U Matters to be included in instrument of appointment etc [See Endnotes]
110G. U Duration of appointment [See Endnotes]
Division 9A--.3 Registrar and deputy registrars
110H. U Registrar and deputy registrars [See Endnotes]
Division 9A--.4 Other provisions
110I. U Constitution of tribunal [See Endnotes]
110J. U Role of president [See Endnotes]
110K. U Approved forms—registrar [See Endnotes]
U PART 10--DISCRIMINATION COMMISSIONER
111. U The Discrimination Commissioner [See Endnotes]
112. U Functions of commissioner [See Endnotes]
113. U Appointment of commissioner [See Endnotes]
114. U Term of appointment of commissioner [See Endnotes]
115. U Ending of appointment of commissioner [See Endnotes]
116. U Conditions of appointment of commissioner [See Endnotes]
118. U Staff [See Endnotes]
119. U Authorisation by commissioner [See Endnotes]
120. U Delegation [See Endnotes]
PART 11--MISCELLANEOUS
121. U Immunity from suit [See Endnotes]
122. U Secrecy [See Endnotes]
123. U Regulation-making power [See Endnotes]
124. U Intergovernmental arrangements [See Endnotes]
125. U Exercise of functions under intergovernmental arrangement [See Endnotes]
126. U Relationship to other laws [See Endnotes]
126A. U Approved forms—commissioner [See Endnotes]
127. U Regulation-making power [See Endnotes]
DICTIONARY
ENDNOTES
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