Equal Opportunity Act 2010

5 — Act binds the Crown 18

5 Act binds the Crown 18 Part 2—What is discrimination? 19

7 — Meaning of discrimination 20

7 Meaning of discrimination 20

9 — Indirect discrimination 22

9 Indirect discrimination 22

10 — Motive is irrelevant to discrimination 23

10 Motive is irrelevant to discrimination 23

11 — Discrimination by acting with others and by not acting 23

11 Discrimination by acting with others and by not acting 23

13 — When is discrimination lawful? 25

13 When is discrimination lawful? 25 Part 3—Duty to eliminate discrimination, sexual harassment and victimisation 26

15 — Duty to eliminate discrimination, sexual harassment or

15 Duty to eliminate discrimination, sexual harassment or victimisation 26 Part 4—When is discrimination prohibited? 28 Division 1—Discrimination in employment 28

16 — Discrimination against job applicants 28

16 Discrimination against job applicants 28

17 — Employer must accommodate responsibilities as parent or

17 Employer must accommodate responsibilities as parent or carer of person offered employment 28

18 — Discrimination against employees 29

18 Discrimination against employees 29

19 — Employer must accommodate employee's responsibilities as

19 Employer must accommodate employee's responsibilities as parent or carer 30

20 — Employer must make reasonable adjustments for person

20 Employer must make reasonable adjustments for person offered employment or employee with a disability 31 Authorised by the Chief Parliamentary Counsel i Section Page

21 — Discrimination against contract workers 34

21 Discrimination against contract workers 34 22 Principal must accommodate contract worker's responsibilities as parent or carer 35

22A — Principal must make reasonable adjustments for contract

22A Principal must make reasonable adjustments for contract worker with a disability 36

23 — Exception—adjustments for person or employee with a

23 Exception—adjustments for person or employee with a disability not reasonable 38

24 — Exception—domestic or personal services 39

24 Exception—domestic or personal services 39

25 — Exception—care of children 40

25 Exception—care of children 40

26 — Exception—genuine occupational requirements 40

26 Exception—genuine occupational requirements 40

27 — Exception—political employment 41

27 Exception—political employment 41

28 — Exception—welfare services 42

28 Exception—welfare services 42

28A — Exception—youth wages 42

28A Exception—youth wages 42

29 — Exception—early retirement schemes 42

29 Exception—early retirement schemes 42 Division 2—Discrimination in employment-related areas 43

30 — Discrimination in establishing firms 43

30 Discrimination in establishing firms 43

31 — Discrimination by firms 43

31 Discrimination by firms 43

32 — Firm must accommodate responsibilities as parent or carer of

32 Firm must accommodate responsibilities as parent or carer of person invited to become a partner or of a partner 44

33 — Firm must make reasonable adjustments for person invited to

33 Firm must make reasonable adjustments for person invited to become a partner or partner with a disability 45

34 — Exception—adjustments for person or partner with a

34 Exception—adjustments for person or partner with a disability not reasonable 48

35 — Discrimination by industrial organisations 48

35 Discrimination by industrial organisations 48

36 — Discrimination by qualifying bodies 49

36 Discrimination by qualifying bodies 49

37 — Exception—reasonable terms of qualification 50

37 Exception—reasonable terms of qualification 50 Division 3—Discrimination in education 50

38 — Discrimination by educational authorities 50

38 Discrimination by educational authorities 50

39 — Exception—educational institutions for particular groups 51

39 Exception—educational institutions for particular groups 51

40 — Educational authority must make reasonable adjustments for

40 Educational authority must make reasonable adjustments for person with a disability 51

41 — Exception—not reasonable for educational authority to make

41 Exception—not reasonable for educational authority to make adjustments 54

42 — Exception—standards of dress and behaviour 54

42 Exception—standards of dress and behaviour 54

43 — Exception—age-based admission schemes and age quotas 55

43 Exception—age-based admission schemes and age quotas 55 Division 4—Discrimination in the provision of goods and services and disposal of land 55

44 — Discrimination in the provision of goods and services 55

44 Discrimination in the provision of goods and services 55

45 — Service provider must make reasonable adjustments for

45 Service provider must make reasonable adjustments for person with a disability 55

46 — Exception—adjustments to provision of service not

46 Exception—adjustments to provision of service not reasonable 58

48 — Exception—credit providers 59

48 Exception—credit providers 59 Authorised by the Chief Parliamentary Counsel ii Section Page

49 — Exception—supervision of children 60

49 Exception—supervision of children 60

50 — Discrimination in the disposal of land 60

50 Discrimination in the disposal of land 60

51 — Exception—disposal by will or gift 61

51 Exception—disposal by will or gift 61 Division 5—Discrimination in accommodation 61

52 — Discrimination in offering to provide accommodation 61

52 Discrimination in offering to provide accommodation 61

53 — Discrimination in providing accommodation 61

53 Discrimination in providing accommodation 61

54 — Discrimination by refusing to allow assistance dogs 62

54 Discrimination by refusing to allow assistance dogs 62

55 — Discrimination by refusing to allow alterations 62

55 Discrimination by refusing to allow alterations 62

56 — Discrimination by refusing to allow alterations—owners

56 Discrimination by refusing to allow alterations—owners corporations 63

57 — Discrimination in access to public premises 65

57 Discrimination in access to public premises 65

58 — Exception—access to or use of public premises unreasonable 66

58 Exception—access to or use of public premises unreasonable 66

58A — Exception—accommodation unsuitable for children 68

58A Exception—accommodation unsuitable for children 68

59 — Exception—shared accommodation 68

59 Exception—shared accommodation 68

60 — Exception—welfare measures 68

60 Exception—welfare measures 68

61 — Exception—accommodation for students 69

61 Exception—accommodation for students 69

63 — Application of this Division 69

63 Application of this Division 69 Division 6—Discrimination by clubs and club members 70

64 — Discrimination against applicants for membership 70

64 Discrimination against applicants for membership 70

65 — Discrimination against club members 70

65 Discrimination against club members 70

66 — Exception—clubs for minority cultures 71

66 Exception—clubs for minority cultures 71

66A — Exception—clubs for political purposes 71

66A Exception—clubs for political purposes 71

67 — Exception—clubs and benefits for particular age groups 71

67 Exception—clubs and benefits for particular age groups 71

68 — Exception—single sex clubs 71

68 Exception—single sex clubs 71

69 — Exception—separate access to benefits for men and women 72

69 Exception—separate access to benefits for men and women 72 Division 7—Discrimination in sport 73

71 — Discrimination in sport 73

71 Discrimination in sport 73

72 — Exception—competitive sporting activities 74

72 Exception—competitive sporting activities 74 Division 8—Discrimination in local government 75

73 — Discrimination by councillors 75

73 Discrimination by councillors 75

74 — Exception—political belief or activity 75

74 Exception—political belief or activity 75 Part 5—General exceptions to and exemptions from the prohibition of discrimination 76

75 — Things done with statutory authority 76

75 Things done with statutory authority 76

76 — Things done to comply with orders of courts and tribunals 76

76 Things done to comply with orders of courts and tribunals 76

77 — Pensions 76

77 Pensions 76 78 Superannuation—existing fund conditions before

79 — Superannuation—new fund conditions after 1 January 1996 77

79 Superannuation—new fund conditions after 1 January 1996 77

81 — Definition of religious body 79

81 Definition of religious body 79 Authorised by the Chief Parliamentary Counsel iii Section Page

82A — Religious bodies—employment 80

82A Religious bodies—employment 80

83 — Religious educational institutions 81

83 Religious educational institutions 81

83A — Religious educational institutions: employment 82

83A Religious educational institutions: employment 82

85 — Legal incapacity and age of majority 82

85 Legal incapacity and age of majority 82

86 — Protection of health, safety and property 83

86 Protection of health, safety and property 83

87 — Age benefits and concessions 83

87 Age benefits and concessions 83

89 — Exemptions by the Tribunal 84

89 Exemptions by the Tribunal 84

90 — Factors to be considered by Tribunal 85

90 Factors to be considered by Tribunal 85

91 — Applicant to give notice to Commission 86

91 Applicant to give notice to Commission 86 Part 6—Prohibition of sexual harassment 87

92 — What is sexual harassment? 87

92 What is sexual harassment? 87

93 — Harassment by employers and employees 87

93 Harassment by employers and employees 87

94 — Harassment in common workplaces 88

94 Harassment in common workplaces 88

95 — Harassment by partners 88

95 Harassment by partners 88

96 — Harassment in industrial organisations 89

96 Harassment in industrial organisations 89

97 — Harassment by members of qualifying bodies 89

97 Harassment by members of qualifying bodies 89

98 — Harassment in educational institutions 90

98 Harassment in educational institutions 90

99 — Harassment in the provision of goods and services 90

99 Harassment in the provision of goods and services 90

100 — Harassment in the provision of accommodation 90

100 Harassment in the provision of accommodation 90

102 — Harassment in local government 91

102 Harassment in local government 91 Part 7—Prohibition of other conduct and vicarious liability for discrimination 92 Division 1—Victimisation 92

103 — Prohibition of victimisation 92

103 Prohibition of victimisation 92

104 — What is victimisation? 92

104 What is victimisation? 92 Division 2—Authorising or assisting discrimination 94

105 — Prohibition of authorising or assisting discrimination 94

105 Prohibition of authorising or assisting discrimination 94

106 — Liability of person who authorises or assists 94

106 Liability of person who authorises or assists 94 Division 3—Discriminatory requests for information 94

107 — Prohibition on requesting discriminatory information 94

107 Prohibition on requesting discriminatory information 94

108 — Exception—information required for purposes not involving

108 Exception—information required for purposes not involving prohibited discrimination 95 Division 4—Vicarious liability 96

109 — Vicarious liability of employers and principals 96

109 Vicarious liability of employers and principals 96

110 — Exception to vicarious liability 96

110 Exception to vicarious liability 96 Authorised by the Chief Parliamentary Counsel iv Section Page Part 8—Disputes 97 Division 1—Dispute resolution by the Commission 97

111 — Functions of the Commission 97

111 Functions of the Commission 97

112 — Principles of dispute resolution offered by the Commission 97

112 Principles of dispute resolution offered by the Commission 97

113 — Who may bring a dispute to the Commission? 98

113 Who may bring a dispute to the Commission? 98

114 — Representative body may bring a dispute to the Commission 99

114 Representative body may bring a dispute to the Commission 99

115 — Beginning and end of dispute resolution 100

115 Beginning and end of dispute resolution 100

116 — Discretion to decline to provide or continue dispute

116 Discretion to decline to provide or continue dispute resolution 100

117 — Admissibility of information gathered during dispute

117 Admissibility of information gathered during dispute resolution 101

118 — Withdrawal from dispute resolution 101

118 Withdrawal from dispute resolution 101

119 — Settlement agreements 101

119 Settlement agreements 101

120 — Registration of settlement agreements 103

120 Registration of settlement agreements 103

121 — Tribunal may make interim orders to prevent prejudice to

121 Tribunal may make interim orders to prevent prejudice to dispute resolution 103 Division 2—Applications to the Tribunal 105

122 — Application may be made to Tribunal in respect of dispute 105

122 Application may be made to Tribunal in respect of dispute 105

124 — Representative body may apply to Tribunal 106

124 Representative body may apply to Tribunal 106

125 — What may the Tribunal decide? 107

125 What may the Tribunal decide? 107

126 — Commission may apply to enforce order of Tribunal 108

126 Commission may apply to enforce order of Tribunal 108 Part 9—Investigations 109 Division 1—Commission may conduct investigation 109

127 — When investigation may be conducted 109

127 When investigation may be conducted 109

128 — Matters referred by Tribunal for investigation 110

128 Matters referred by Tribunal for investigation 110 Division 2—Conduct of investigations 110

129 — Commission to conduct investigation as it thinks fit 110

129 Commission to conduct investigation as it thinks fit 110

130 — Commission may ask for information 110

130 Commission may ask for information 110

131 — Tribunal order compelling production of information or

131 Tribunal order compelling production of information or documents 110

132 — Creation of documents 112

132 Creation of documents 112

133 — Documents produced to the Commission 112

133 Documents produced to the Commission 112

134 — Power to compel attendance 113

134 Power to compel attendance 113

135 — Disclosure of identity of persons who give information or

135 Disclosure of identity of persons who give information or documents 114

136 — Publication of evidence, information or documents 115

136 Publication of evidence, information or documents 115

137 — Tribunal may make interim orders to prevent prejudice to

137 Tribunal may make interim orders to prevent prejudice to investigation 116

138 — Investigation when other proceedings commenced 117

138 Investigation when other proceedings commenced 117 Authorised by the Chief Parliamentary Counsel v Section Page Division 3—Outcomes of investigations 117

139 — Outcome of an investigation 117

139 Outcome of an investigation 117

140 — Registration of agreements 118

140 Registration of agreements 118

141 — Inquiries by the Tribunal 118

141 Inquiries by the Tribunal 118

142 — Report of an investigation 119

142 Report of an investigation 119

144 — Report on investigation not prohibited disclosure 120

144 Report on investigation not prohibited disclosure 120 Part 10—Practice guidelines, reviews and action plans 121 Division 1—Practice guidelines 121

148 — Commission may issue practice guidelines 121

148 Commission may issue practice guidelines 121

149 — Effect of practice guidelines 121

149 Effect of practice guidelines 121

150 — Publication of practice guidelines or withdrawal of practice

150 Publication of practice guidelines or withdrawal of practice guidelines 121 Division 2—Reviews 122

151 — Commission may conduct review of compliance 122

151 Commission may conduct review of compliance 122 Division 3—Action plans 123

153 — Register of action plans 123

153 Register of action plans 123 Part 11—Victorian Equal Opportunity and Human Rights Commission 124 Division 1—The Commission 124

154 — Continuation of Commission 124

154 Continuation of Commission 124

155 — Functions and powers of Commission 124

155 Functions and powers of Commission 124

156 — Commission's educative functions 125

156 Commission's educative functions 125

157 — Commission's research functions 125

157 Commission's research functions 125

158 — Commission may report on educative or research functions 126

158 Commission may report on educative or research functions 126

159 — Commission may intervene in proceedings 126

159 Commission may intervene in proceedings 126

160 — Commission may assist in proceedings as amicus curiae 126

160 Commission may assist in proceedings as amicus curiae 126 Division 2—The Board 127

161 — Constitution of the Board 127

161 Constitution of the Board 127

162 — Functions of the Board 127

162 Functions of the Board 127

163 — Terms of appointment of members 128

163 Terms of appointment of members 128

164 — Resignation and removal 128

164 Resignation and removal 128

169 — Effect of vacancy or defect 131

169 Effect of vacancy or defect 131 Authorised by the Chief Parliamentary Counsel vi Section Page Division 3—The Commissioner 132

170 — Appointment and role of Commissioner 132

170 Appointment and role of Commissioner 132

171 — Payment of Commissioner 132

171 Payment of Commissioner 132

172 — Acting Commissioner 133

172 Acting Commissioner 133 Division 4—General provisions 133

176A — Exceptions—court-ordered disclosure in criminal

176A Exceptions—court-ordered disclosure in criminal proceedings or disclosure with consent 137

177 — Disclosure of information relating to disputes, complaints

177 Disclosure of information relating to disputes, complaints and investigations 138

178 — Protection from liability 139

178 Protection from liability 139

179 — Annual reports 140

179 Annual reports 140 Part 12—Offences 141 Division 1—Proceedings for offences 141

180 — Who may bring proceedings for an offence? 141

180 Who may bring proceedings for an offence? 141

181 — Offences are to be dealt with summarily 141

181 Offences are to be dealt with summarily 141 Division 2—Discriminatory advertising 141

182 — Offence of discriminatory advertising 141

182 Offence of discriminatory advertising 141

184 — Proceedings for the offence of discriminatory advertising 142

184 Proceedings for the offence of discriminatory advertising 142 Division 3—Other offences 142

185 — Obstructing Commission 142

185 Obstructing Commission 142

186 — False or misleading information 143

186 False or misleading information 143 Part 13—General 144

187 — Proceedings against unincorporated associations 144

187 Proceedings against unincorporated associations 144

188 — Contravention does not create civil or criminal liability 144

188 Contravention does not create civil or criminal liability 144

188A — Protection against self-incrimination 144

188A Protection against self-incrimination 144

189 — Protection of people giving evidence and information 144

189 Protection of people giving evidence and information 144

190 — Regulations 145

190 Regulations 145 Part 14—Repeal of Equal Opportunity Act 1995 and transitional provisions 146 Division 1—Repeal of Equal Opportunity Act 1995 146

191 — Repeal of Equal Opportunity Act 1995 146

191 Repeal of Equal Opportunity Act 1995 146 Division 2—Transitional provisions 146

192 — Definitions 146

192 Definitions 146 Authorised by the Chief Parliamentary Counsel vii Section Page

193 — Complaints lodged before commencement day 146

193 Complaints lodged before commencement day 146

194 — Alleged contraventions that occurred prior to commencement

194 Alleged contraventions that occurred prior to commencement day 148

195 — Exemptions under the old Act by the Tribunal 149

195 Exemptions under the old Act by the Tribunal 149

195A — Continuation of the Board of the Commission 149

195A Continuation of the Board of the Commission 149

195B — Interim chairperson 150

195B Interim chairperson 150

196 — Tribunal may make orders of a transitional nature 150

196 Tribunal may make orders of a transitional nature 150 Division 3—Transitional provisions relating to the Change or Suppression (Conversion) Practices Prohibition Act 2021 151

198 — Conduct, disputes and investigations before commencement

198 Conduct, disputes and investigations before commencement day 151 ═══════════════ Endnotes 153

3 — Explanatory details 157

3 Explanatory details 157 Authorised by the Chief Parliamentary Counsel viii Authorised Version No. 029 Equal Opportunity Act 2010 No. 16 of 2010 Authorised Version incorporating amendments as at

19 — July 2022

19 July 2022 The Parliament of Victoria enacts: Part 1—Preliminary

1 Purposes The main purposes of this Act are— (a) to re-enact and extend the law relating to equal opportunity and protection against discrimination, sexual harassment and victimisation; and (b) to amend the Racial and Religious Tolerance Act 2001 in relation to dispute resolution; and (c) to make consequential amendments to the Racial and Religious Tolerance Act 2001, the Victorian Civil and Administrative Tribunal Act 1998 and other Acts.

2 — Commencement

2 Commencement (1) Section 1, this section and Part 16 come into operation on the day after the day on which this Act receives the Royal Assent. * * * * * S. 2(2) repealed by No. 26/2011 s. 4. (3) Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed. Authorised by the Chief Parliamentary Counsel 1 Equal Opportunity Act 2010 No. 16 of 2010 Part 1—Preliminary (4) If a provision of this Act referred to in subsection (3) does not come into operation before 1 August 2011, it comes into operation on that day.

3 — Objectives

3 Objectives The objectives of this Act are— (a) to eliminate discrimination, sexual harassment and victimisation, to the greatest possible extent; (b) to further promote and protect the right to equality set out in the Charter of Human Rights and Responsibilities; (c) to encourage the identification and elimination of systemic causes of discrimination, sexual harassment and victimisation; (d) to promote and facilitate the progressive realisation of equality, as far as reasonably practicable, by recognising that— (i) discrimination can cause social and economic disadvantage and that access to opportunities is not equitably distributed throughout society; (ii) equal application of a rule to different groups can have unequal results or outcomes; (iii) the achievement of substantive equality may require the making of reasonable adjustments and reasonable accommodation and the taking of special measures; (e) to enable the Victorian Equal Opportunity and Human Rights Commission to encourage best practice and facilitate compliance with this Act by undertaking Authorised by the Chief Parliamentary Counsel 2 Equal Opportunity Act 2010 No. 16 of 2010 Part 1—Preliminary research, educative and enforcement functions; (f) to enable the Victorian Equal Opportunity S. 3(f) amended by and Human Rights Commission to resolve No. 26/2011 disputes about discrimination, sexual s. 34(Sch. item 1.1). harassment and victimisation in a timely and effective manner, and to also provide direct access to the Victorian Civil and Administrative Tribunal for resolution of such disputes.

4 — Definitions

4 Definitions (1) In this Act— accommodation includes— (a) business premises; (b) a house or flat; (c) a hotel or motel; (d) a boarding house or hostel; (e) a caravan or caravan site; (f) a mobile home or mobile home site; (g) a camping site; * * * * * S. 4(1) def. of appointed member repealed by No. 26/2011 s. 5(c). assistance dog means a dog that is trained to S. 4(1) def. of assistance perform tasks or functions that assist a dog person with a disability to alleviate the amended by No. 26/2011 effects of his or her disability; s. 34(Sch. item 1.2(a)). attribute means an attribute in section 6; Board means the Board of the Commission established under section 161; Authorised by the Chief Parliamentary Counsel 3 Equal Opportunity Act 2010 No. 16 of 2010 Part 1—Preliminary breastfeeding includes the act of expressing milk; carer means a person on whom another person is wholly or substantially dependent for ongoing care and attention, other than a person who provides that care and attention wholly or substantially on a commercial basis; child means a person under the age of 18 years; club means an association of more than 30 persons associated together for social, literary, cultural, political, sporting, athletic or other lawful purposes that— (a) has a licence (other than a temporary limited licence or a major event licence) to supply liquor under the Liquor Control Reform Act 1998; and (b) operates its facilities wholly or partly from its own funds; Commission means the Victorian Equal Opportunity and Human Rights Commission continued in existence by section 154; S. 4(1) def. of Commissioner means the Commissioner Commis- sioner appointed under section 170; amended by No. 26/2011 s. 5(b). contract worker means a person who does work for a principal under a contract between the person's employer and the principal; detriment includes humiliation and denigration; Authorised by the Chief Parliamentary Counsel 4 Equal Opportunity Act 2010 No. 16 of 2010 Part 1—Preliminary disability means— S. 4(1) def. of disability (a) total or partial loss of a bodily function; inserted by or No. 26/2011 s. 5(a). (b) the presence in the body of organisms that may cause disease; or (c) total or partial loss of a part of the body; or (d) malfunction of a part of the body, including— (i) a mental or psychological disease or disorder; (ii) a condition or disorder that results in a person learning more slowly than people who do not have that condition or disorder; or (e) malformation or disfigurement of a part of the body— and includes a disability that may exist in the future (including because of a genetic predisposition to that disability) and, to avoid doubt, behaviour that is a symptom or manifestation of a disability; discrimination has the meaning given in Part 2; dispute means a dispute about compliance with this Act; dispute resolution means dispute resolution S. 4(1) def. of dispute conducted by the Commission under resolution Division 1 of Part 8; amended by No. 26/2011 s. 34(Sch. item 1.2(b)). Authorised by the Chief Parliamentary Counsel 5 Equal Opportunity Act 2010 No. 16 of 2010 Part 1—Preliminary domestic partner of a person means— (a) a person who is in a registered domestic relationship with the person; or (b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); educational authority means the person or body administering an educational institution; educational institution means a school, college, university or other institution at which education or training is provided; employee includes— (a) a person employed under a contract of service, whether or not under a federal agreement or award; (b) a person employed under the Public Administration Act 2004 or appointed to a statutory office; (c) a person engaged under a contract for services; (d) a person who is engaged to perform any work the remuneration for which is based wholly or partly on commission— and in Part 6 includes, but does not otherwise in this Act include, an unpaid worker or volunteer; employer includes— (a) a person who employs another person under a contract of service, whether or not under a federal agreement or award; Authorised by the Chief Parliamentary Counsel 6 Equal Opportunity Act 2010 No. 16 of 2010 Part 1—Preliminary (b) a person who engages another person under a contract for services; (c) a person who engages another person to perform any work the remuneration for which is based wholly or partly on commission— and in Part 6 includes, but does not otherwise in this Act include, a person who employs another person on an unpaid or voluntary basis; employment includes— (a) employment under a contract of service, whether or not under a federal agreement or award; (b) employment under the Public Administration Act 2004 or under a statutory appointment; (c) engagement under a contract for services; (d) work that is remunerated wholly or partly on commission— and in Part 6 includes, but does not otherwise in this Act include, work on a voluntary or unpaid basis; employment activity means— S. 4(1) def. of employment activity (a) an employee, in the employee's substituted by individual capacity— No. 14/2021 s. 25(a). (i) making a reasonable request to the employee's employer, orally or in writing, for information regarding the employee's employment entitlements; or Authorised by the Chief Parliamentary Counsel 7 Equal Opportunity Act 2010 No. 16 of 2010 Part 1—Preliminary (ii) communicating to the employee's employer, orally or in writing, the employee's concern that the employee has not been, is not being or will not be given some or all of the employee's employment entitlements; or (b) a contract worker, in the contract worker's individual capacity— (i) making a reasonable request to the contract worker's principal, orally or in writing, for information regarding the contract worker's employment entitlements; or (ii) communicating to the contract worker's principal, orally or in writing, the contract worker's concern that the contract worker has not been, is not being or will not be given some or all of the contract worker's employment entitlements; employment agent means a person who carries on a business of providing services for the purpose of finding employment for people seeking to be employed or procuring employees for people seeking to employ them, or both; S. 4(1) def. of employment entitlements, in relation to an employment entitlements employee or a contract worker, means the amended by rights and entitlements of the employee or No. 14/2021 s. 25(b). contract worker under an applicable— (a) contract of service; or (b) federal agreement or award; or Authorised by the Chief Parliamentary Counsel 8 Equal Opportunity Act 2010 No. 16 of 2010 Part 1—Preliminary (c) minimum wage order under the Fair Work Act 2009 of the Commonwealth; or (d) contract for services; or (e) Act or enactment; or (f) law of the Commonwealth; enactment means a rule, regulation, by-law, local law, order, Order in Council, proclamation or other instrument of a legislative character; expunged homosexual conviction means an S. 4(1) def. of expunged expunged conviction within the meaning of homosexual Part 8 of the Sentencing Act 1991; conviction inserted by No. 81/2014 s. 6. * * * * * S. 4(1) def. of Fair Work Australia repealed by No. 13/2022 s. 73(1)(a). Fair Work Commission has the same meaning as S. 4(1) def. of Fair Work in the Fair Work Act 2009 of the Commission Commonwealth; inserted by No. 13/2022 s. 73(1)(b). firm has the same meaning as in the Partnership Act 1958; gender identity means a person's gender-related S. 4(1) def. of gender identity, which may or may not correspond identity with their designated sex at birth, and substituted by No. 3/2021 includes the personal sense of the body s. 59(1). (whether this involves medical intervention or not) and other expressions of gender, including dress, speech, mannerisms, names and personal references; Authorised by the Chief Parliamentary Counsel 9 Equal Opportunity Act 2010 No. 16 of 2010 Part 1—Preliminary home, in relation to a person, means a private residence of that person; S. 4(1) def. of * * * * * impairment repealed by No. 26/2011 s. 5(c). industrial activity means— (a) being or not being a member of, or joining, not joining or refusing to join, an industrial organisation or industrial association; or (b) establishing or being involved in establishing an industrial organisation or forming or being involved in forming an industrial association; or (c) organising or promoting or proposing to organise or promote a lawful activity on behalf of an industrial organisation or industrial association; or (d) encouraging, assisting, participating in or proposing to encourage, assist or participate in a lawful activity organised or promoted by an industrial organisation or industrial association; or (e) not participating in or refusing to participate in a lawful activity organised or promoted by an industrial organisation or industrial association; or (f) representing or advancing the views, claims or interests of members of an industrial organisation or industrial association; Authorised by the Chief Parliamentary Counsel 10 Equal Opportunity Act 2010 No. 16 of 2010 Part 1—Preliminary industrial association means a group of employees or employers, formed formally or informally to represent or advance the views, claims or interests of the employees or employers in a particular industry, trade, profession, business or employment, not including an industrial organisation; industrial organisation means one of the following organisations that is registered or recognised under a State or Commonwealth Act or enactment— (a) an organisation of employees; (b) an organisation of employers; (c) any other organisation established for the purposes of people who carry on a particular industry, trade, profession, business or employment; lawful sexual activity means engaging in, not engaging in or refusing to engage in a lawful sexual activity; marital status means a person's status of being— (a) single; or (b) married; or (c) a domestic partner; or (d) married but living separately and apart from his or her spouse; or (e) divorced; or (f) widowed; member of staff, of the Commission, means a member of the staff referred to in section 174; Authorised by the Chief Parliamentary Counsel 11 Equal Opportunity Act 2010 No. 16 of 2010 Part 1—Preliminary occupational qualification means an authorisation or qualification that is needed for, or facilitates— (a) the practice of a profession; or (b) the carrying on of a trade or business; or (c) the engaging in of any other occupation or employment; S. 4(1) def. of owners corporation has the meaning given in the owners corporation Owners Corporations Act 2006; amended by No. 81/2011 s. 22(6)(a). parent includes— (a) step-parent; (b) adoptive parent; (c) foster parent; (d) guardian; parental status means the status of being a parent or not being a parent; S. 4(1) def. of party, in relation to a dispute, means— party amended by No. 26/2011 (a) a person who brings a dispute to the s. 34(Sch. Commission for dispute resolution item 1.2(c)). under section 113; or (b) a representative body who brings a dispute to the Commission for dispute resolution under section 114; or (c) a person on whose behalf a dispute is brought to the Commission for dispute resolution under section 113 or 114; or (d) a person about whom a dispute is brought to the Commission for dispute resolution; Authorised by the Chief Parliamentary Counsel 12 Equal Opportunity Act 2010 No. 16 of 2010 Part 1—Preliminary person includes an unincorporated association and, in relation to a natural person, means a person of any age; physical features means a person's height, weight, size or other bodily characteristics; political belief or activity means— (a) holding or not holding a lawful political belief or view; (b) engaging in, not engaging in or refusing to engage in a lawful political activity; practice guidelines means practice guidelines issued under Division 1 of Part 10; principal, in relation to a contract worker, means a person who contracts with another person for work to be done by employees of the other person; qualifying body means a person or body that is empowered to confer, renew or extend an occupational qualification; race includes— (a) colour; (b) descent or ancestry; (c) nationality or national origin; (d) ethnicity or ethnic origin; (e) if 2 or more distinct races are collectively referred to as a race— (i) each of those distinct races; (ii) that collective race; relative, in relation to a person, means— (a) a spouse or domestic partner of that person; or Authorised by the Chief Parliamentary Counsel 13 Equal Opportunity Act 2010 No. 16 of 2010 Part 1—Preliminary (b) a parent or grandparent of that person or of a spouse or domestic partner of that person; or (c) a child or grandchild (whether or not under the age of 18 years) of that person or of a spouse or domestic partner of that person; or (d) a brother or sister of that person or of a spouse or domestic partner of that person; or (e) a child (whether or not under the age of 18 years) of a brother or sister of that person or of a brother or sister of a spouse or domestic partner of that person; or (f) a child (whether or not under the age of 18 years) of a brother or sister of a parent of that person or of a brother or sister of a parent of a spouse or domestic partner of that person; religious belief or activity means— (a) holding or not holding a lawful religious belief or view; (b) engaging in, not engaging in or refusing to engage in a lawful religious activity; services includes, without limiting the generality of the word— (a) access to and use of any place that members of the public are permitted to enter; (b) banking services, the provision of loans or finance, financial accommodation, credit guarantees and insurance; Authorised by the Chief Parliamentary Counsel 14 Equal Opportunity Act 2010 No. 16 of 2010 Part 1—Preliminary (c) provision of entertainment, recreation or refreshment; (d) services connected with transportation or travel; (e) services of any profession, trade or business, including those of an employment agent; (f) services provided by a government department, public authority, State owned enterprise or municipal council— but does not include education or training in an educational institution; sex characteristics means a person's physical S. 4(1) def. of sex charac- features relating to sex, including— teristics inserted by (a) genitalia and other sexual and No. 3/2021 s. 59(2). reproductive parts of the person's anatomy; and (b) the person's chromosomes, genes, hormones, and secondary physical features that emerge as a result of puberty; sexual orientation means a person's emotional, S. 4(1) def. of sexual affectional and sexual attraction to, or orientation intimate or sexual relations with, persons of substituted by No. 3/2021 a different gender or the same gender or s. 59(3). more than one gender; spent conviction has the same meaning as in the S. 4(1) def. of spent Spent Convictions Act 2021; conviction inserted by No. 13/2021 s. 27. spouse of a person means a person to whom the person is married; Authorised by the Chief Parliamentary Counsel 15 Equal Opportunity Act 2010 No. 16 of 2010 Part 1—Preliminary State owned enterprise has the same meaning as in the State Owned Enterprises Act 1992; terms includes conditions; Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998; work arrangements means— (a) in the case of a person offered employment, arrangements— (i) that would apply to the person as an employee; or (ii) applying to the workplace; or (b) in the case of an employee, arrangements applying to the employee or the workplace; or (c) in the case of a contract worker, arrangements applying to the contract worker or the workplace of the principal; or (d) in the case of a person invited to become a partner in a firm, arrangements— (i) that would apply to the person as a partner; or (ii) applying to the firm's workplace; or (e) in the case of a partner of a firm, arrangements applying to the partner or the firm's workplace. Authorised by the Chief Parliamentary Counsel 16 Equal Opportunity Act 2010 No. 16 of 2010 Part 1—Preliminary (2) For the purposes of the definition of domestic partner in subsection (1)— (a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case. (3) A reference in the definition of employee, employer, employment or employment entitlements in subsection (1) to a federal agreement or award is a reference to— (a) an enterprise agreement made under the Fair Work Act 2009 of the Commonwealth; or (b) an agreement-based transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; or (c) a modern award within the meaning of the Fair Work Act 2009 of the Commonwealth; or (d) a determination of the Fair Work S. 4(3)(d) amended by Commission made under the Fair Work No. 13/2022 Act 2009 of the Commonwealth; or s. 73(2). (e) an award-based transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; or Authorised by the Chief Parliamentary Counsel 17 Equal Opportunity Act 2010 No. 16 of 2010 Part 1—Preliminary (f) a transitional minimum wage instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth.

5 — Act binds the Crown

5 Act binds the Crown This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. Authorised by the Chief Parliamentary Counsel 18 Equal Opportunity Act 2010 No. 16 of 2010 Part 2—What is discrimination? Part 2—What is discrimination?

6 — Attributes

6 Attributes The following are the attributes on the basis of which discrimination is prohibited in the areas of activity set out in Part 4— (a) age; (b) breastfeeding; (c) employment activity; (d) gender identity; (e) disability; S. 6(e) amended by No. 26/2011 s. 34(Sch. item 2.1). (f) industrial activity; (g) lawful sexual activity; (h) marital status; (i) parental status or status as a carer; (j) physical features; (k) political belief or activity; (l) pregnancy; (la) profession, trade or occupation; S. 6(la) inserted by No. 7/2022 s. 34. (m) race; (n) religious belief or activity; (o) sex; (oa) sex characteristics; S. 6(oa) inserted by No. 3/2021 s. 60. (p) sexual orientation; Authorised by the Chief Parliamentary Counsel 19 Equal Opportunity Act 2010 No. 16 of 2010 Part 2—What is discrimination? S. 6(pa) (pa) an expunged homosexual conviction; inserted by No. 81/2014 s. 7. S. 6(pb) (pb) a spent conviction; inserted by No. 13/2021 s. 28. (q) personal association (whether as a relative or otherwise) with a person who is identified by reference to any of the above attributes.

7 — Meaning of discrimination

7 Meaning of discrimination (1) Discrimination means— (a) direct or indirect discrimination on the basis of an attribute; or (b) a contravention of section 17, 19, 20, 22, 32, 33, 40, 45, 54, 55 or 56. (2) Discrimination on the basis of an attribute includes discrimination on the basis— (a) that a person has that attribute or had it at any time, whether or not he or she had it at the time of the discrimination; (b) of a characteristic that a person with that attribute generally has; (c) of a characteristic that is generally imputed to a person with that attribute; (d) that a person is presumed to have that attribute or to have had it at any time. S. 7(3) (3) For the purposes of subsection (2), if a person amended by No. 26/2011 with a disability is accompanied by or possesses s. 34(Sch. an assistance aid, being accompanied by or the item 2.2). possession of that assistance aid is taken to be a characteristic that a person with that attribute generally has. Authorised by the Chief Parliamentary Counsel 20 Equal Opportunity Act 2010 No. 16 of 2010 Part 2—What is discrimination? (4) In subsection (3)— S. 7(4) amended by assistance aid means any of the following that No. 26/2011 alleviates the effects of a person's s. 34(Sch. items 2.2, 2.3). disability— (a) equipment (including a palliative or therapeutic device); (b) a person who provides assistance or services to a person with a disability; Examples 1 an interpreter; 2 a reader. (c) an assistance dog.

8 — Direct discrimination

8 Direct discrimination (1) Direct discrimination occurs if a person treats, or proposes to treat, a person with an attribute unfavourably because of that attribute. Examples

1 — An employer advises an employee that she will not be

1 An employer advises an employee that she will not be trained to work on new machinery because she is too old to learn new skills. The employer has discriminated against the employee by denying her training in her employment on the basis of her age.

2 — A real estate agent refuses an African man's application

2 A real estate agent refuses an African man's application for a lease. The real estate agent tells the man that the landlord would prefer an Australian tenant. The real estate agent has discriminated against the man by denying him accommodation on the basis of his race. (2) In determining whether a person directly discriminates it is irrelevant— (a) whether or not that person is aware of the discrimination or considers the treatment to be unfavourable; (b) whether or not the attribute is the only or dominant reason for the treatment, provided that it is a substantial reason. Authorised by the Chief Parliamentary Counsel 21 Equal Opportunity Act 2010 No. 16 of 2010 Part 2—What is discrimination?

9 — Indirect discrimination

9 Indirect discrimination (1) Indirect discrimination occurs if a person imposes, or proposes to impose, a requirement, condition or practice— (a) that has, or is likely to have, the effect of disadvantaging persons with an attribute; and (b) that is not reasonable. (2) The person who imposes, or proposes to impose, the requirement, condition or practice has the burden of proving that the requirement, condition or practice is reasonable. (3) Whether a requirement, condition or practice is reasonable depends on all the relevant circumstances of the case, including the following— (a) the nature and extent of the disadvantage resulting from the imposition, or proposed imposition, of the requirement, condition or practice; (b) whether the disadvantage is proportionate to the result sought by the person who imposes, or proposes to impose, the requirement, condition or practice; (c) the cost of any alternative requirement, condition or practice; (d) the financial circumstances of the person imposing, or proposing to impose, the requirement, condition or practice; (e) whether reasonable adjustments or reasonable accommodation could be made to the requirement, condition or practice to reduce the disadvantage caused, including the availability of an alternative requirement, condition or practice that would achieve the result sought by the person imposing, or Authorised by the Chief Parliamentary Counsel 22 Equal Opportunity Act 2010 No. 16 of 2010 Part 2—What is discrimination? proposing to impose, the requirement, condition or practice but would result in less disadvantage. (4) In determining whether a person indirectly discriminates it is irrelevant whether or not that person is aware of the discrimination. Examples

1 — A store requires customers to produce photographic

1 A store requires customers to produce photographic identification in the form of a driver's licence before collecting an order. This may disadvantage a person with a visual impairment who is not eligible to hold a driver's licence. The store's requirement may not be reasonable if the person with a visual impairment can provide an alternative form of photographic identification.

2 — An advertisement for a job as a cleaner requires an applicant

2 An advertisement for a job as a cleaner requires an applicant to speak and read English fluently. This may disadvantage a person on the basis of his or her race. The requirement may not be reasonable if speaking and reading English fluently is not necessary to perform the job.

10 — Motive is irrelevant to discrimination

10 Motive is irrelevant to discrimination In determining whether or not a person discriminates, the person's motive is irrelevant.

11 — Discrimination by acting with others and by not

11 Discrimination by acting with others and by not acting It is irrelevant whether discrimination occurs by a person— (a) acting alone or in association with any other person; (b) doing an act or omitting to do an act.

12 — Special measures

12 Special measures (1) A person may take a special measure for the purpose of promoting or realising substantive equality for members of a group with a particular attribute. Authorised by the Chief Parliamentary Counsel 23 Equal Opportunity Act 2010 No. 16 of 2010 Part 2—What is discrimination? Examples

1 — A company operates in an industry in which Aboriginal

1 A company operates in an industry in which Aboriginal and Torres Strait Islanders are under-represented. The company develops a training program to increase employment opportunities in the company for Aboriginal and Torres Strait Islanders.

2 — A swimming pool that is located in an area with a

2 A swimming pool that is located in an area with a significant Muslim population holds women-only swimming sessions to enable Muslim women who cannot swim in mixed company to use the pool.

3 — A person establishes a counselling service to provide

3 A person establishes a counselling service to provide counselling for gay men and lesbians who are victims of family violence, and whose needs are not met by general family violence counselling services. (2) A person does not discriminate against another person by taking a special measure. (3) A special measure must— (a) be undertaken in good faith for achieving the purpose set out in subsection (1); and (b) be reasonably likely to achieve the purpose set out in subsection (1); and (c) be a proportionate means of achieving the purpose set out in subsection (1); and (d) be justified because the members of the group have a particular need for advancement or assistance. (4) A measure is taken for the purpose set out in subsection (1) if it is taken— (a) solely for that purpose; or (b) for that purpose as well as other purposes. (5) A person who undertakes a special measure may impose reasonable restrictions on eligibility for the measure. Authorised by the Chief Parliamentary Counsel 24 Equal Opportunity Act 2010 No. 16 of 2010 Part 2—What is discrimination? Example It may be reasonable to restrict eligibility for a special measure to people with the attribute who are of a particular age. (6) A person who undertakes a special measure has the burden of proving that the measure is a special measure. (7) On achieving the purpose set out in subsection (1), the measure ceases to be a special measure.

13 — When is discrimination lawful?

13 When is discrimination lawful? (1) This Act does not prohibit discrimination to which a Division of Part 4 applies if— (a) an exception in that Division applies; or (b) the conduct constituting discrimination under that Division also constitutes discrimination under another Division of Part 4 and an exception in the other Division applies; or (c) a general exception under Part 5 applies; or (d) an exemption under Part 5 applies. Example A football club refuses to register a 15-year-old girl to participate in a football competition that is restricted to boys only. Section 72 contains an exception from discrimination on grounds of sex in relation to competitive sporting activity. If that applies to the competition, the club's refusal to register the girl will not be unlawful, regardless of whether any dispute about the refusal is brought as a dispute about discrimination in sport (Division 7), discrimination by a club (Division 6) or discrimination in the provision of services (Division 4). (2) An exception or an exemption referred to in subsection (1) is a defence to discrimination, and the person seeking to rely on the exception or exemption has the burden of proving that it applies. Authorised by the Chief Parliamentary Counsel 25 Equal Opportunity Act 2010 No. 16 of 2010 Part 3—Duty to eliminate discrimination, sexual harassment and victimisation Part 3—Duty to eliminate discrimination, sexual harassment and victimisation

14 — Purpose of Part

14 Purpose of Part The purpose of this Part is to provide for the taking of positive action to eliminate discrimination, sexual harassment and victimisation.

15 — Duty to eliminate discrimination, sexual harassment

15 Duty to eliminate discrimination, sexual harassment or victimisation (1) This section applies to a person who has a duty under Part 4, 6 or 7 not to engage in discrimination, sexual harassment or victimisation. (2) A person must take reasonable and proportionate measures to eliminate that discrimination, sexual harassment or victimisation as far as possible. (3) Part 8 does not apply to a contravention of the duty imposed by subsection (2). S. 15(4) (4) A contravention of the duty imposed by amended by No. 26/2011 subsection (2) may be the subject of an s. 6. investigation undertaken by the Commission under Part 9. (5) The duty imposed by subsection (2) is in addition to— (a) a duty under Part 4, 6 or 7; and (b) in the case of a person who is a public authority, a duty under section 38 of the Charter of Human Rights and Responsibilities. Authorised by the Chief Parliamentary Counsel 26 Equal Opportunity Act 2010 No. 16 of 2010 Part 3—Duty to eliminate discrimination, sexual harassment and victimisation (6) In determining whether a measure is reasonable and proportionate the following factors must be considered— (a) the size of the person's business or operations; (b) the nature and circumstances of the person's business or operations; (c) the person's resources; (d) the person's business and operational priorities; (e) the practicability and the cost of the measures. Examples

1 — A small, not-for-profit community organisation takes

1 A small, not-for-profit community organisation takes steps to ensure that its staff are aware of the organisation's commitment to treating staff with dignity, fairness and respect and makes a clear statement about how complaints from staff will be managed.

2 — A large company undertakes an assessment of its

2 A large company undertakes an assessment of its compliance with this Act. As a result of the assessment, the company develops a compliance strategy that includes regular monitoring and provides for continuous improvement of the strategy. Authorised by the Chief Parliamentary Counsel 27 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? Part 4—When is discrimination prohibited? Division 1—Discrimination in employment

16 — Discrimination against job applicants

16 Discrimination against job applicants An employer must not discriminate against a person— (a) in determining who should be offered employment; or (b) in the terms on which employment is offered to the person; or (c) by refusing or deliberately omitting to offer employment to the person; or (d) by denying the person access to a guidance program, an apprenticeship training program or other occupational training or retraining program.

17 — Employer must accommodate responsibilities as

17 Employer must accommodate responsibilities as parent or carer of person offered employment (1) An employer must not, in relation to the work arrangements of a person offered employment, unreasonably refuse to accommodate the responsibilities that the person has as a parent or carer. Example An employer may be able to accommodate a person's responsibilities as a parent or carer by offering work on the basis that the person could work additional daily hours to provide for a shorter working week or occasionally work from home. (2) In determining whether an employer unreasonably refuses to accommodate the responsibilities that a person has as a parent or carer, all relevant facts and circumstances must be considered, including— Authorised by the Chief Parliamentary Counsel 28 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (a) the person's circumstances, including the nature of his or her responsibilities as a parent or carer; and (b) the nature of the role that is being offered; and (c) the nature of the arrangements required to accommodate those responsibilities; and (d) the financial circumstances of the employer; and (e) the size and nature of the workplace and the employer's business; and (f) the effect on the workplace and the employer's business of accommodating those responsibilities, including— (i) the financial impact of doing so; (ii) the number of persons who would benefit from or be disadvantaged by doing so; (iii) the impact on efficiency and productivity and, if applicable, on customer service of doing so; and (g) the consequences for the employer of making such accommodation; and (h) the consequences for the person of not making such accommodation.

18 — Discrimination against employees

18 Discrimination against employees An employer must not discriminate against an employee— (a) by denying or limiting access by the employee to opportunities for promotion, transfer or training or to any other benefits connected with the employment; or Authorised by the Chief Parliamentary Counsel 29 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (b) by dismissing the employee or otherwise terminating his or her employment; or (c) by denying the employee access to a guidance program, an apprenticeship training program or other occupational training or retraining program; or (d) by subjecting the employee to any other detriment.

19 — Employer must accommodate employee's

19 Employer must accommodate employee's responsibilities as parent or carer (1) An employer must not, in relation to the work arrangements of an employee, unreasonably refuse to accommodate the responsibilities that the employee has as a parent or carer. Example An employer may be able to accommodate an employee's responsibilities as a parent or carer by allowing the employee to work from home on a Wednesday morning or have a later start time on a Wednesday or, if the employee works on a part-time basis, by rescheduling a regular staff meeting so that the employee can attend. (2) In determining whether an employer unreasonably refuses to accommodate the responsibilities that an employee has as a parent or carer, all relevant facts and circumstances must be considered, including— (a) the employee's circumstances, including the nature of his or her responsibilities as a parent or carer; and (b) the nature of the employee's role; and (c) the nature of the arrangements required to accommodate those responsibilities; and (d) the financial circumstances of the employer; and Authorised by the Chief Parliamentary Counsel 30 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (e) the size and nature of the workplace and the employer's business; and (f) the effect on the workplace and the employer's business of accommodating those responsibilities, including— (i) the financial impact of doing so; (ii) the number of persons who would benefit from or be disadvantaged by doing so; (iii) the impact on efficiency and productivity and, if applicable, on customer service of doing so; and (g) the consequences for the employer of making such accommodation; and (h) the consequences for the employee of not making such accommodation.

20 — Employer must make reasonable adjustments for S. 20

20 Employer must make reasonable adjustments for S. 20 (Heading) person offered employment or employee with a amended by disability No. 26/2011 s. 34(Sch. item 3.1). (1) This section applies to a person with a disability S. 20(1) amended by who— No. 26/2011 s. 34(Sch. (a) is offered employment or is an employee; item. 3.2). and (b) requires adjustments in order to perform the genuine and reasonable requirements of the employment. (2) The employer must make reasonable adjustments unless the person or employee could not or cannot adequately perform the genuine and reasonable requirements of the employment even after the adjustments are made. Authorised by the Chief Parliamentary Counsel 31 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? Example to Example s. 20(2) An employer may be able to make reasonable adjustments amended by No. 26/2011 for a person or employee with a disability by— s. 34(Sch. item 3.2). • providing a ramp for access to the workplace or a particular software package for computers; • modifying work instructions or reference manuals; • allowing the person or employee to be absent during work hours for rehabilitation, assessment or treatment; • allowing the person or employee to take breaks more frequently. (3) In determining whether an adjustment is reasonable, all relevant facts and circumstances must be considered, including— S. 20(3)(a) (a) the person's or employee's circumstances, amended by No. 26/2011 including the nature of his or her disability; s. 34(Sch. and item 3.3). (b) the nature of the employee's role or the role that is being offered; and S. 20(3)(c) (c) the nature of the adjustment required to amended by No. 26/2011 accommodate the person's or employee's s. 34(Sch. disability; and item 3.3). (d) the financial circumstances of the employer; and (e) the size and nature of the workplace and the employer's business; and (f) the effect on the workplace and the employer's business of making the adjustment including— (i) the financial impact of doing so; Authorised by the Chief Parliamentary Counsel 32 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (ii) the number of persons who would benefit from or be disadvantaged by doing so; (iii) the impact on efficiency and productivity and, if applicable, on customer service of doing so; and (g) the consequences for the employer of making the adjustment; and (h) the consequences for the person or employee of not making the adjustment; and (i) any relevant action plan made under Part 3 of the Disability Discrimination Act 1992 of the Commonwealth; and (j) if the employer is a public sector body within S. 20(3)(j) amended by the meaning of section 38 of the Disability No. 26/2011 Act 2006, any relevant Disability Action s. 7(1)(a). Plan made under that section. * * * * * S. 20(3)(k) repealed by No. 26/2011 s. 7(1)(b). (4) For the purposes of subsection (2), in determining whether or not the person or employee could or can adequately perform the genuine and reasonable requirements of the employment, all the relevant facts and circumstances must be considered, including— (a) the person's or employee's training, qualifications and experience; (b) the person's or employee's current performance in the employment, if applicable. Authorised by the Chief Parliamentary Counsel 33 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? S. 20(5) (5) An employer is not required to make an inserted by adjustment under subsection (2) to the extent that No. 26/2011 s. 7(2). the employer has complied with, or has been exempted from compliance with, a relevant disability standard made under the Disability Discrimination Act 1992 of the Commonwealth in relation to the subject matter of that adjustment. S. 20(6) (6) An employer is not required to make an inserted by No. 26/2011 adjustment under subsection (2) that relates to a s. 7(2). building or land to the extent that— (a) a determination has been made under section 160B of the Building Act 1993 in relation to that building or land, in relation to the subject matter of that adjustment; and (b) the employer complies with the determination.

21 — Discrimination against contract workers

21 Discrimination against contract workers (1) A principal must not discriminate against a contract worker— (a) in the terms on which the principal allows the contract worker to work; or (b) by not allowing the contract worker to work or continue to work; or (c) by denying or limiting access by the contract worker to any benefit connected with the work; or (d) by subjecting the contract worker to any other detriment. (2) Subsection (1) does not apply to anything done or omitted to be done by a principal in relation to a contract worker that would not contravene this Act if done or omitted to be done by the employer of that contract worker. Authorised by the Chief Parliamentary Counsel 34 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited?

22 — Principal must accommodate contract worker's

22 Principal must accommodate contract worker's responsibilities as parent or carer (1) A principal must not, in relation to the work arrangements of a contract worker, unreasonably refuse to accommodate the responsibilities that the contract worker has as a parent or carer. Example A principal may be able to accommodate a contract worker's responsibilities as a parent or carer by allowing the contract worker to have flexible start, finish or break times. (2) In determining whether a principal unreasonably refuses to accommodate the responsibilities that a contract worker has as a parent or carer, all relevant facts and circumstances must be considered, including— (a) the contract worker's circumstances, including the nature of his or her responsibilities as a parent or carer; and (b) the nature of the work contracted for; and (c) the nature of the arrangements required to accommodate those responsibilities; and (d) the financial circumstances of the principal; and (e) the size and nature of the workplace and the principal's business; and (f) the effect on the workplace and the principal's business of accommodating those responsibilities, including— (i) the financial impact of doing so; (ii) the number of persons who would benefit from or be disadvantaged by doing so; Authorised by the Chief Parliamentary Counsel 35 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (iii) the impact on efficiency and productivity and, if applicable, on customer service of doing so; and (g) the consequences for the principal of making such accommodation; and (h) the consequences for the contract worker of not making such accommodation. S. 22A 22A Principal must make reasonable adjustments for inserted by No. 14/2021 contract worker with a disability s. 26. (1) This section applies to a contract worker with a disability who requires adjustments in order to perform the genuine and reasonable requirements of the work. (2) The principal must make reasonable adjustments unless the contract worker could not or cannot adequately perform the genuine and reasonable requirements of the work even after the adjustments are made. Example A principal may be able to make reasonable adjustments for a contract worker with a disability by— • providing a ramp for access to the workplace or a particular software package for computers; • modifying work instructions or reference manuals; • allowing the contract worker to be absent during work hours for rehabilitation, assessment or treatment; • allowing the contract worker to take breaks more frequently. (3) In determining whether an adjustment is reasonable, all relevant facts and circumstances must be considered, including— (a) the contract worker's circumstances, including the nature of the disability; and (b) the nature of the contract worker's role; and Authorised by the Chief Parliamentary Counsel 36 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (c) the nature of the adjustment required to accommodate the disability; and (d) the financial circumstances of the principal; and (e) the size and nature of the workplace and the principal's business; and (f) the effect on the workplace and the principal's business of making the adjustment including— (i) the financial impact of doing so; and (ii) the number of persons who would benefit from or be disadvantaged by doing so; and (iii) the impact on efficiency and productivity and, if applicable, on customer service of doing so; and (g) the consequences for the principal of making the adjustment; and (h) the consequences for the contract worker of not making the adjustment; and (i) any relevant action plan made under Part 3 of the Disability Discrimination Act 1992 of the Commonwealth; and (j) if the principal is a public sector body within the meaning of section 38 of the Disability Act 2006, any relevant Disability Action Plan made under that section. (4) For the purposes of subsection (2), in determining whether or not the contract worker could or can adequately perform the genuine and reasonable requirements of the work, all the relevant facts and circumstances must be considered, including— Authorised by the Chief Parliamentary Counsel 37 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (a) the contract worker's training, qualifications and experience; and (b) the contract worker's current performance in the work, if applicable. (5) A principal is not required to make an adjustment under subsection (2) to the extent that the principal has complied with, or has been exempted from compliance with, a relevant disability standard made under the Disability Discrimination Act 1992 of the Commonwealth in relation to the subject matter of that adjustment. (6) A principal is not required to make an adjustment under subsection (2) that relates to a building or land to the extent that— (a) a determination has been made under section 160B of the Building Act 1993 in relation to that building or land, in relation to the subject matter of that adjustment; and (b) the principal complies with the determination. S. 23 23 Exception—adjustments for person or employee (Heading) amended by with a disability not reasonable No. 26/2011 s. 34(Sch. An employer may discriminate against a person or item 3.4). an employee on the basis of the person's or S. 23 amended by employee's disability in any of the areas specified No. 26/2011 in section 16 or 18 if— s. 34(Sch. item 3.5). (a) the person or employee requires adjustments in order to perform the genuine and reasonable requirements of the employment; and (b) in the case of a person to whom section 20 applies, the employer has complied with that section; and Authorised by the Chief Parliamentary Counsel 38 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (c) in any case, either— (i) the adjustments are not reasonable adjustments, having regard to the facts and circumstances set out in section 20(3); or (ii) the person or employee could not or cannot adequately perform the genuine and reasonable requirements of the employment even after the adjustments are made, having regard to the facts and circumstances set out in section 20(4).

24 — Exception—domestic or personal services

24 Exception—domestic or personal services (1) An employer may discriminate in determining who should be offered employment in relation to the provision of domestic or personal services (including the care, instruction or supervision of children)— (a) in the employer's home; or (b) if the employer is in the business of providing domestic or personal services to others, in the home of the person to whom those services are provided if the discrimination is requested by or on behalf of that person. Example An agency employs people to provide personal care services. A woman contacts the agency and requests that it provide a carer to assist her with personal care in her home. The woman tells the agency that the carer must be female. The agency may discriminate in determining who should be employed to provide personal care to the woman as the services will be provided in the woman's home, and she has specifically asked for a female carer. (2) To avoid doubt, this section applies whether or not the employer is acting personally or through an agent in determining who should be employed. Authorised by the Chief Parliamentary Counsel 39 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited?

25 — Exception—care of children

25 Exception—care of children (1) Nothing in section 16 or 18 applies to discrimination by an employer against a person or employee if— (a) the employment involves the care, instruction or supervision of children; and (b) the discrimination is reasonably necessary to protect the physical, psychological or emotional wellbeing of the children. (2) Subsection (1) does not apply to employment by a post-secondary education provider (within the meaning of the Education and Training Reform Act 2006).

26 — Exception—genuine occupational requirements

26 Exception—genuine occupational requirements (1) An employer may limit the offering of employment to people of one sex if it is a genuine occupational requirement of the employment that the employees be people of that sex. (2) Without limiting the generality of subsection (1), it is a genuine occupational requirement to be a person of a particular sex in relation to employment if— (a) the employment can be performed only by a person having particular physical characteristics (other than strength or stamina) that are possessed only by people of that sex; or (b) the employment needs to be performed by a person of that sex to preserve decency or privacy because it involves the fitting of clothing for people of that sex; or (c) the employment includes the conduct of searches of the clothing or bodies of people of that sex; or Authorised by the Chief Parliamentary Counsel 40 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (d) the employee will be required to enter a lavatory ordinarily used by people of that sex while it is in use by people of that sex; or (e) the employee will be required to enter areas ordinarily used only by people of that sex while those people are in a state of undress. (3) An employer may limit the offering of employment in relation to a dramatic or an artistic performance, entertainment, photographic or modelling work or any other employment— (a) to people of a particular age, sex or race; (b) to people with or without a particular S. 26(3)(b) amended by disability— No. 26/2011 s. 34(Sch. item 3.6). if it is necessary to do so for reasons of authenticity or credibility. (4) An employer may discriminate on the basis of physical features in the offering of employment in relation to a dramatic or an artistic performance, photographic or modelling work or any similar employment. (5) An employer may discriminate on the basis of a S. 26(5) inserted by person's profession, trade or occupation in relation No. 7/2022 to the offering of employment if experience in a s. 35. particular profession, trade or occupation is relevant to the employment or offer and is a genuine occupational requirement for the position or role on offer and it is reasonable to discriminate on that basis in the circumstances.

27 — Exception—political employment

27 Exception—political employment An employer may discriminate on the basis of political belief or activity in the offering of employment to another person as a ministerial adviser, member of staff of a political party, Authorised by the Chief Parliamentary Counsel 41 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? member of the electorate staff of any person or any similar employment.

28 — Exception—welfare services

28 Exception—welfare services An employer may limit the offering of employment to people with a particular attribute in relation to the provision of services for people with the same attribute if those services— (a) are either— (i) a special measure under section 12; or (ii) a service for special needs under section 88; and (b) can be provided most effectively by people with that attribute. Examples

1 — A service that provides in-home support for people who have

1 A service that provides in-home support for people who have a mental illness may require that a person who applies for a job as a support worker has previously used mental health services.

2 — A support service for women who have experienced family

2 A support service for women who have experienced family violence may require that its counsellors are female. S. 28A 28A Exception—youth wages inserted by No. 26/2011 s. 8. An employer may pay an employee who is under the age of 21 years according to the employee's age.

29 — Exception—early retirement schemes

29 Exception—early retirement schemes In deciding the terms on which to offer an employee an incentive to resign or retire, an employer may take into account the age of the employee and any eligibility of the employee to receive a retirement benefit from a superannuation fund. Authorised by the Chief Parliamentary Counsel 42 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? Division 2—Discrimination in employment-related areas

30 — Discrimination in establishing firms

30 Discrimination in establishing firms (1) A person who intends to establish a firm comprising 5 or more partners must not discriminate against another person in the terms on which the other person is invited to become a partner. (2) A person who intends to establish a firm comprising less than 5 partners may discriminate against another person in the terms on which the other person is invited to become a partner if the discrimination is reasonable.

31 — Discrimination by firms

31 Discrimination by firms (1) A firm comprising 5 or more partners must not discriminate against a person— (a) in deciding who should be invited to become a partner; or (b) in the terms on which the person is invited to become a partner. (2) A firm comprising 5 or more partners must not discriminate against a partner of that firm— (a) by denying or limiting access by the partner to any benefit arising from partnership in the firm; or (b) by expelling the partner from the firm; or (c) by subjecting the partner to any other detriment. (3) A firm comprising less than 5 partners may discriminate against a person— (a) in deciding who should be invited to become a partner; or Authorised by the Chief Parliamentary Counsel 43 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (b) in the terms on which the person is invited to become a partner— if the discrimination is reasonable. (4) A firm comprising less than 5 partners may discriminate against a partner of that firm— (a) by denying or limiting access by the partner to any benefit arising from partnership in the firm; or (b) by expelling the partner from the firm; or (c) by subjecting the partner to any other detriment— if the discrimination is reasonable.

32 — Firm must accommodate responsibilities as parent

32 Firm must accommodate responsibilities as parent or carer of person invited to become a partner or of a partner (1) A firm comprising 5 or more partners must not, in the work arrangements of a person invited to become a partner or of a partner, unreasonably refuse to accommodate the responsibilities that the person or partner has as a parent or carer. Example A firm may be able to accommodate the responsibilities that a person or partner has as a parent or carer by allowing the person or partner to have flexible attendance arrangements. (2) In determining whether a firm unreasonably refuses to accommodate the responsibilities that a person or partner has as a parent or carer, all relevant facts and circumstances must be considered, including— (a) the circumstances of the person or partner, including the nature of his or her responsibilities as a parent or carer; and (b) the nature of the partnership role; and Authorised by the Chief Parliamentary Counsel 44 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (c) the nature of the arrangements required to accommodate those responsibilities; and (d) the financial circumstances of the firm; and (e) the size and nature of the workplace and the firm's business; and (f) the effect on the workplace and the firm's business of accommodating those responsibilities, including— (i) the financial impact of doing so; (ii) the number of persons who would benefit from or be disadvantaged by doing so; (iii) the impact on efficiency and productivity and, if applicable, on customer service of doing so; and (g) the consequences for the firm of making such accommodation; and (h) the consequences for the person or partner of not making such accommodation.

33 — Firm must make reasonable adjustments for person S. 33

33 Firm must make reasonable adjustments for person S. 33 (Heading) invited to become a partner or partner with a amended by disability No. 26/2011 s. 34(Sch. item 3.7). (1) This section applies to a person with a disability S. 33(1) amended by who— No. 26/2011 s. 34(Sch. (a) is invited to become a partner or is a partner item 3.8). in a firm; and (b) requires adjustments in order to perform the genuine and reasonable requirements of partnership in the firm. (2) The firm must make reasonable adjustments unless the person or partner could not or cannot adequately perform the genuine and reasonable Authorised by the Chief Parliamentary Counsel 45 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? requirements of partnership in the firm even after the adjustments are made. Example to Example s. 33(2) amended by A firm may be able to make reasonable adjustments for a No. 26/2011 person or partner with a disability by— s. 34(Sch. item 3.8). • making physical adjustments to the office in which the person or partner would be working; • allocating some of the person's or partner's duties to another partner. (3) In determining whether an adjustment is reasonable, all relevant facts and circumstances must be considered, including— S. 33(3)(a) (a) the person's or partner's circumstances, amended by No. 26/2011 including the nature of his or her disability; s. 34(Sch. and item 3.9). S. 33(3)(b) (b) the nature of the adjustment required to amended by No. 26/2011 accommodate the person's or partner's s. 34(Sch. disability; and item 3.9). (c) the financial circumstances of the firm; and (d) the size and nature of the workplace and the firm's business; and (e) the effect on the workplace and the firm's business of making the adjustment, including— (i) the financial impact of doing so; (ii) the number of persons who would benefit from or be disadvantaged by doing so; (iii) the impact on efficiency and productivity and, if applicable, on customer service of doing so; and Authorised by the Chief Parliamentary Counsel 46 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (f) the consequences for the firm of making the adjustment; and (g) the consequences for the person or partner of not making the adjustment; and (h) any relevant action plan made under Part 3 of the Disability Discrimination Act 1992 of the Commonwealth; and (i) if the firm is a public sector body within the S. 33(3)(i) amended by meaning of section 38 of the Disability Act No. 26/2011 2006, any relevant Disability Action Plan s. 9(1)(a). made under that section. * * * * * S. 33(3)(j) repealed by No. 26/2011 s. 9(1)(b). (4) For the purposes of subsection (2), in determining whether or not the person or partner could or can adequately perform the genuine and reasonable requirements of partnership in the firm, all the relevant facts and circumstances must be considered, including— (a) the person's or partner's training, qualifications and experience; (b) the partner's current performance in the partnership, if applicable. (5) A firm is not required to make an adjustment S. 33(5) inserted by under subsection (2) to the extent that the firm has No. 26/2011 complied with, or has been exempted from s. 9(2). compliance with, a relevant disability standard made under the Disability Discrimination Act 1992 of the Commonwealth in relation to the subject matter of that adjustment. (6) A firm is not required to make an adjustment S. 33(6) inserted by under subsection (2) that relates to a building or No. 26/2011 land to the extent that— s. 9(2). Authorised by the Chief Parliamentary Counsel 47 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (a) a determination has been made under section 160B of the Building Act 1993 in relation to that building or land, in relation to the subject matter of that adjustment; and (b) the firm complies with the determination. S. 34 34 Exception—adjustments for person or partner with (Heading) amended by a disability not reasonable No. 26/2011 s. 34(Sch. A firm may discriminate against a person or a item 3.10). partner on the basis of the person's or partner's S. 34 amended by disability in any of the areas specified in No. 26/2011 section 30 or 31 if— s. 34(Sch. item 3.11). (a) the person or partner requires adjustments in order to perform the genuine and reasonable requirements of partnership in the firm; and (b) in the case of a person to whom section 32 applies, the firm has complied with that section; and (c) in any case, either— (i) the adjustments are not reasonable, having regard to the facts and circumstances set out in section 33(3); or (ii) the person or partner could not or cannot adequately perform the genuine and reasonable requirements of partnership in the firm even after the adjustments are made, having regard to the facts and circumstances set out in section 33(4).

35 — Discrimination by industrial organisations

35 Discrimination by industrial organisations (1) An industrial organisation, or a member of the committee of management or other governing body of an industrial organisation, must not discriminate against a person— Authorised by the Chief Parliamentary Counsel 48 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (a) in deciding who may join the organisation; or (b) by refusing or failing to accept the person's application for membership; or (c) in the terms on which it admits the person to membership. (2) An industrial organisation, or a member of the committee of management or other governing body of an industrial organisation, must not discriminate against a member of the organisation— (a) by denying or limiting access to any benefit arising from membership; or (b) by depriving the member of membership; or (c) by varying the terms of membership; or (d) by subjecting the member to any other detriment.

36 — Discrimination by qualifying bodies

36 Discrimination by qualifying bodies (1) A qualifying body must not discriminate against a person— (a) by refusing or failing to confer, renew or extend an occupational qualification; or (b) in the terms on which it confers, renews or extends an occupational qualification; or (c) by varying the terms on which an occupational qualification is held; or (d) by revoking or withdrawing an occupational qualification; or (e) by subjecting the person to any other detriment. Authorised by the Chief Parliamentary Counsel 49 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (2) A reference to a qualifying body in this section includes a reference to each member of the qualifying body. S. 37 37 Exception—reasonable terms of qualification amended by No. 26/2011 s. 34(Sch. A qualifying body may set reasonable terms in item 3.12). relation to an occupational qualification, or make reasonable variations to those terms, to enable a person with a disability to practise the profession, carry on the trade or business or engage in the occupation or employment to which the qualification relates. Example to Example s. 37 amended by A person is required to complete a certain number of No. 26/2011 hours of supervised clinical practice before he or she s. 34(Sch. item 3.13). can qualify as a health professional. A woman cannot do clinical practice because of her disability. The qualifying body may dispense with the requirement for clinical practice, and restrict the work she is allowed to perform under the qualification to teaching and research. Division 3—Discrimination in education

38 — Discrimination by educational authorities

38 Discrimination by educational authorities (1) An educational authority must not discriminate against a person— (a) in deciding who should be admitted as a student; or (b) by refusing, or failing to accept, the person's application for admission as a student; or (c) in the terms on which the authority admits the person as a student. (2) An educational authority must not discriminate against a student— (a) by denying or limiting access to any benefit provided by the authority; or Authorised by the Chief Parliamentary Counsel 50 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (b) by expelling the student; or (c) by subjecting the student to any other detriment.

39 — Exception—educational institutions for particular S. 39

39 Exception—educational institutions for particular S. 39 amended by groups No. 26/2011 s. 34(Sch. An educational authority that operates an item 3.14). educational institution or program wholly or mainly for students of a particular sex, race, religious belief, age or age group or students with a general or particular disability may exclude from that institution or program— (a) people who are not of the particular sex, race, religious belief, age or age group; or (b) people who do not have a general, or the S. 39(b) amended by particular, disability. No. 26/2011 s. 34(Sch. item 3.14).

40 — Educational authority must make reasonable S. 40

40 Educational authority must make reasonable S. 40 (Heading) adjustments for person with a disability amended by No. 26/2011 s. 34(Sch. item 3.15). (1) This section applies if a person with a disability S. 40(1) amended by requires adjustments in order to participate in or No. 26/2011 continue to participate in or derive or continue to s. 34(Sch. item 3.16). derive any substantial benefit from an educational program of an educational authority. (2) The educational authority must make reasonable adjustments unless the person could not participate in or continue to participate in or derive or continue to derive any substantial benefit from the educational program even after the adjustments are made. Authorised by the Chief Parliamentary Counsel 51 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? Example to Example s. 40(2) An educational authority may make reasonable adjustments amended by No. 26/2011 for a person with a disability by— s. 34(Sch. item 3.16). • providing a teacher's aide or particular software packages for computers; • moving a particular course or event from an inaccessible venue to an accessible one. (3) In determining whether an adjustment is reasonable, all relevant facts and circumstances must be considered, including— S. 40(3)(a) (a) the person's circumstances, including the amended by No. 26/2011 nature of his or her disability; and s. 34(Sch. item 3.17). S. 40(3)(b) (b) the nature of the adjustment required to amended by No. 26/2011 accommodate the person's disability; and s. 34(Sch. item 3.17). (c) the effect on the person of making the adjustment, including the effect on the person's ability to— (i) achieve learning outcomes; (ii) participate in courses or programs; (iii) work independently; and (d) the effect on the educational authority, staff, other students or any other person of making the adjustment, including— (i) the financial impact of making the adjustment; (ii) the number of people who would benefit from or be disadvantaged by making the adjustment; and (e) the consequences for the educational authority of making the adjustment; and Authorised by the Chief Parliamentary Counsel 52 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (f) the consequences for the person of not making the adjustment; and (g) any relevant action plan made under Part 3 of the Disability Discrimination Act 1992 of the Commonwealth; and (h) if the educational authority is a public sector S. 40(3)(h) amended by body within the meaning of section 38 of the No. 26/2011 Disability Act 2006, any relevant Disability s. 10(1)(a). Action Plan made under that section. * * * * * S. 40(3)(i) repealed by No. 26/2011 s. 10(1)(b). (4) An educational authority is not required to make S. 40(4) inserted by an adjustment under subsection (2) to the extent No. 26/2011 that the educational authority has complied with, s. 10(2). or has been exempted from compliance with, a relevant disability standard made under the Disability Discrimination Act 1992 of the Commonwealth in relation to the subject matter of that adjustment. (5) An educational authority is not required to make S. 40(5) inserted by an adjustment under subsection (2) that relates to No. 26/2011 a building or land to the extent that— s. 10(2). (a) a determination has been made under section 160B of the Building Act 1993 in relation to that building or land, in relation to the subject matter of that adjustment; and (b) the educational authority complies with the determination. Authorised by the Chief Parliamentary Counsel 53 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? S. 41 41 Exception—not reasonable for educational amended by authority to make adjustments No. 26/2011 s. 34(Sch. An educational authority may discriminate against item 3.18). a person on the basis of the person's disability if— (a) the person requires adjustments in order to participate in or continue to participate in or derive or continue to derive any substantial benefit from an educational program of the educational authority; and (b) the educational authority has complied with section 40; and (c) either— (i) the adjustments are not reasonable, having regard to the facts and circumstances set out in section 40(3); or (ii) the person could not or cannot participate in or continue to participate in or derive or continue to derive any substantial benefit from the educational program even after the adjustments are made.

42 — Exception—standards of dress and behaviour

42 Exception—standards of dress and behaviour (1) An educational authority may set and enforce reasonable standards of dress, appearance and behaviour for students. S. 42(2) (2) In relation to a school, without limiting the substituted by No. 26/2011 generality of what constitutes a reasonable s. 11. standard of dress, appearance or behaviour, a standard must be taken to be reasonable if the educational authority administering the school has taken into account the views of the school community in setting the standard. Authorised by the Chief Parliamentary Counsel 54 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited?

43 — Exception—age-based admission schemes and age

43 Exception—age-based admission schemes and age quotas An educational authority may select students for an educational program on the basis of an admission scheme— (a) that has a minimum qualifying age; or (b) that imposes quotas in relation to students of different ages or age groups. Division 4—Discrimination in the provision of goods and services and disposal of land

44 — Discrimination in the provision of goods and

44 Discrimination in the provision of goods and services (1) A person must not discriminate against another person— (a) by refusing to provide goods or services to the other person; or (b) in the terms on which goods or services are provided to the other person; or (c) by subjecting the other person to any other detriment in connection with the provision of goods or services to him or her. (2) Subsection (1) applies whether or not the goods or services are provided for payment.

45 — Service provider must make reasonable adjustments S. 45

45 Service provider must make reasonable adjustments S. 45 (Heading) for person with a disability amended by No. 26/2011 (1) This section applies— s. 34(Sch. item 3.19). (a) if a person with a disability requires S. 45(1)(a) amended by adjustments to be made to the provision of a No. 26/2011 service by another person (the service s. 34(Sch. item 3.20). provider) in order to participate in or access Authorised by the Chief Parliamentary Counsel 55 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? the service or derive any substantial benefit from the service; (b) whether or not the services are provided for payment. (2) The service provider must make reasonable adjustments unless the person could not participate in or access the service or derive any substantial benefit from the service even after the adjustments are made. Example to Example s. 45(2) amended by A service provider may make reasonable adjustments for a No. 26/2011 person with a disability by— s. 34(Sch. item 3.20). • including subtitles in recorded audio-visual presentations; • providing home delivery or making home visits. (3) In determining whether an adjustment is reasonable, all relevant facts and circumstances must be considered, including— S. 45(3)(a) (a) the person's circumstances, including the amended by No. 26/2011 nature of his or her disability; and s. 34(Sch. item 3.21). S. 45(3)(b) (b) the nature of the adjustment required to amended by No. 26/2011 accommodate the person's disability ; and s. 34(Sch. item 3.21). (c) the financial circumstances of the service provider; and (d) the effect on the service provider of making the adjustment, including— (i) the financial impact of doing so; (ii) the number of persons who would benefit from or be disadvantaged by doing so; and Authorised by the Chief Parliamentary Counsel 56 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (e) the consequences for the service provider of making the adjustment; and (f) the consequences for the person of the service provider not making the adjustment; and (g) any relevant action plan made under Part 3 of the Disability Discrimination Act 1992 of the Commonwealth; and (h) if the service provider is a public sector body S. 45(3)(h) amended by within the meaning of section 38 of the No. 26/2011 Disability Act 2006, any relevant Disability s. 12(1)(a). Action Plan made under that section. * * * * * S. 45(3)(i) repealed by No. 26/2011 s. 12(1)(b). (4) A service provider is not required to make an S. 45(4) inserted by adjustment under subsection (2) to the extent that No. 26/2011 the service provider has complied with, or has s. 12(2). been exempted from compliance with, a relevant disability standard made under the Disability Discrimination Act 1992 of the Commonwealth in relation to the subject matter of that adjustment. (5) A service provider is not required to make an S. 45(5) inserted by adjustment under subsection (2) that relates to a No. 26/2011 building or land to the extent that— s. 12(2). (a) a determination has been made under section 160B of the Building Act 1993 in relation to that building or land, in relation to the subject matter of that adjustment; and (b) the service provider complies with the determination. Authorised by the Chief Parliamentary Counsel 57 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? S. 46 46 Exception—adjustments to provision of service not amended by reasonable No. 26/2011 s. 34(Sch. A service provider may discriminate against a item 3.22). person on the basis of the person's disability if— (a) the person requires adjustments to be made to the provision of a service by the service provider in order to participate in or access the service or derive any substantial benefit from the service; and (b) the service provider has complied with section 45; and (c) either— (i) the adjustments are not reasonable, having regard to the facts and circumstances set out in section 45(3); or (ii) the person could not or cannot participate in or access the service or derive any substantial benefit from the service even after the adjustment is made.

47 — Exception—insurance

47 Exception—insurance (1) An insurer may discriminate against another person by refusing to provide an insurance policy to the other person, or in the terms on which an insurance policy is provided, if— (a) the discrimination is permitted under— (i) the Sex Discrimination Act 1984 of the Commonwealth; or (ii) the Disability Discrimination Act 1992 of the Commonwealth; or (iii) the Age Discrimination Act 2004 of the Commonwealth; or Authorised by the Chief Parliamentary Counsel 58 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (b) the discrimination— (i) is based on actuarial or statistical data on which it is reasonable for the insurer to rely; and (ii) is reasonable having regard to that data and any other relevant factors; or (c) in a case where no such actuarial or statistical data is available and cannot reasonably be obtained, the discrimination is reasonable having regard to any other relevant factors. (2) In this section— insurance policy includes an annuity, a life assurance policy, an accident insurance policy and an illness insurance policy; insurer means a person who is in the business of providing insurance policies.

48 — Exception—credit providers

48 Exception—credit providers (1) A credit provider may discriminate against an applicant for credit on the basis of age by refusing to provide credit, or in the terms on which credit is provided, if— (a) the criteria for refusal or the terms imposed— (i) are based on actuarial or statistical data on which it is reasonable for the credit provider to rely; and (ii) are reasonable having regard to that data and any other relevant factors; or (b) in a case where no such actuarial or statistical data is available and cannot reasonably be obtained, the criteria for refusal or the terms imposed are reasonable having regard to any other relevant factors. Authorised by the Chief Parliamentary Counsel 59 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (2) In this section credit provider means a person who provides credit in the course of a business carried on by that person.

49 — Exception—supervision of children

49 Exception—supervision of children A person may require, as a term of providing goods or services to a child, that the child be accompanied or supervised by an adult if there is a reasonable risk that, if unaccompanied or unsupervised, the child may— (a) cause a disruption; or (b) endanger himself or herself or any other person.

50 — Discrimination in the disposal of land

50 Discrimination in the disposal of land (1) A person must not discriminate against another person— (a) by refusing to dispose of any land to the other person; or (b) in the terms on which any land is offered to the other person. (2) Subsection (1) does not apply to the disposal or offering of a leasehold interest in land for the purpose of accommodation. (3) The provisions of this section apply despite anything to the contrary— (a) in any Act, other than this Act or the Charter of Human Rights and Responsibilities; or (b) in any document affecting or relating to the land; or (c) if section 97 of the Transfer of Land Act 1958 or the Subdivision Act 1988 applies to the land, in any document created by or in relation to a service company or owners Authorised by the Chief Parliamentary Counsel 60 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? corporation referred to or established under either of those Acts in relation to the land. (4) A person is not personally liable for breach of any covenant or obligation contained in any document referred to in subsection (3) if the person would have contravened this section if the person had complied with the covenant or obligation.

51 — Exception—disposal by will or gift

51 Exception—disposal by will or gift A person may discriminate against another person in the disposal of land by will or as a gift. Division 5—Discrimination in accommodation

52 — Discrimination in offering to provide

52 Discrimination in offering to provide accommodation A person must not discriminate against another person— (a) by refusing, or failing to accept, the other person's application for accommodation; or (b) in the way in which the other person's application for accommodation is processed; or (c) in the terms on which accommodation is offered to the other person.

53 — Discrimination in providing accommodation

53 Discrimination in providing accommodation A person must not discriminate against another person— (a) by varying the terms on which the accommodation is provided to the other person; or (b) by denying or limiting access by the other person to any benefit associated with the accommodation; or Authorised by the Chief Parliamentary Counsel 61 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (c) by evicting the other person from the accommodation; or (d) by refusing to extend or renew the provision of accommodation to the other person; or (e) in the terms on which the provision of accommodation to the other person is extended or renewed; or (f) by subjecting the other person to any other detriment in connection with the provision of accommodation to that person.

54 — Discrimination by refusing to allow assistance dogs

54 Discrimination by refusing to allow assistance dogs S. 54(1) (1) A person must not refuse to provide amended by No. 26/2011 accommodation to a person with a disability s. 34(Sch. because that person has an assistance dog. item 3.23). S. 54(2) (2) A person must not require, as a term of providing amended by No. 26/2011 accommodation to a person with a disability who s. 34(Sch. has an assistance dog— item 3.23). (a) that the dog be kept elsewhere; or (b) that the person pay an extra charge because of the dog. (3) This section does not affect the liability of the person with the assistance dog for any damage caused by the dog.

55 — Discrimination by refusing to allow alterations

55 Discrimination by refusing to allow alterations S. 55(1) (1) A person who has provided accommodation to amended by No. 26/2011 another person with a disability must allow the s. 34(Sch. other person to make reasonable alterations to that item 3.24). accommodation to meet his or her special needs if— (a) the alterations are at the expense of the other person; and Authorised by the Chief Parliamentary Counsel 62 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (b) the alterations do not require any alterations to the premises of another occupier; and (c) the action required to restore the accommodation to the condition it was in before the alterations is reasonably practicable in the circumstances; and (d) the other person agrees to restore the accommodation to its previous condition before leaving it and it is reasonably likely that he or she will do so. (2) This section is in addition to, and does not affect or take away from, any requirements imposed by or under the Building Act 1993.

56 — Discrimination by refusing to allow alterations

56 Discrimination by refusing to allow alterations— owners corporations (1) This section applies if a person with a disability— S. 56(1) amended by No. 26/2011 (a) owns a lot affected by an owners s. 34(Sch. corporation; or item 3.25). (b) is an occupier of a lot affected by an owners corporation. (2) The owners corporation must allow the person to make reasonable alterations to common property to meet his or her special needs if— (a) the alterations are at the expense of the person; and (b) the alterations do not require any alterations to a lot occupied by another person; and (c) the alterations do not adversely affect— (i) the interests of another occupier of a lot affected by the owners corporation; or (ii) the interests of an owner of another lot affected by the owners corporation; or Authorised by the Chief Parliamentary Counsel 63 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (iii) the interests of the owners corporation; or (iv) the use of common property by another occupier of a lot or an owner of another lot affected by the owners corporation; and (d) the action required to restore the common property to the condition it was in before the alterations is reasonably practicable in the circumstances; and (e) the person agrees to restore the common property to its previous condition before vacating the lot and it is reasonably likely that he or she will do so. Example An owners corporation may be able to allow the person to make reasonable alterations to the common property by— • fixing a ramp to the external facade of the building; • installing a mechanical device in the front door of the building to enable the person to open the door automatically. (3) This section is in addition to, and does not affect or take away from any requirements imposed by or under the Building Act 1993. (4) This section does not affect anything in— (a) Part 10 or 11 of the Owners Corporations Act 2006; or (b) Division 5 of Part 5 of the Subdivision Act 1988. Authorised by the Chief Parliamentary Counsel 64 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (5) In this section— common property and lot affected by an owners S. 56(5) def. of common corporation have the meanings given in property and section 3 of the Owners Corporations Act lot affected by an owners 2006. corporation amended by No. 81/2011 s. 22(6)(b).

57 — Discrimination in access to public premises

57 Discrimination in access to public premises (1) A person must not discriminate against another S. 57(1) amended by person on the basis of disability in relation to any No. 26/2011 premises that the public or a section of the public s. 34(Sch. item 3.26) (as is entitled or allowed to enter or use (whether or amended by not for payment)— No. 81/2011 s. 22(7)). (a) by refusing to allow the other person access to, or the use of, the premises; or (b) in the terms or conditions on which the other person is allowed access to, or the use of, the premises; or (c) in relation to the provision of means of access to the premises; or (d) by refusing to allow the other person the use of any facilities in the premises that the public or a sector of the public is entitled or allowed to use (whether or not for payment); or (e) in the terms or conditions on which the other person is allowed the use of any facilities in the premises that the public or a section of the public is entitled or allowed to use (whether or not for payment); or (f) by requiring the other person to leave the premises or cease to use any facilities in the premises that the public or a section of the Authorised by the Chief Parliamentary Counsel 65 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? public is entitled or allowed to use (whether or not for payment). (2) In this section and section 58— premises includes— (a) a structure, building, aircraft, vehicle or vessel; (b) a place, whether enclosed or built on or not; (c) a part of premises.

58 — Exception—access to or use of public premises

58 Exception—access to or use of public premises unreasonable S. 58(1) (1) A person may discriminate against another person substituted by No. 26/2011 on the basis of the other person's disability in s. 13(1). relation to any premises or facilities in the premises that the public or a section of the public is entitled or allowed to enter or use (whether or not for payment) if— (a) the person could not reasonably be expected to avoid the discrimination; or (b) the discrimination is permitted under subsection (3). (2) In determining whether the person could be reasonably expected to avoid the discrimination, all relevant facts and circumstances must be considered, including— S. 58(2)(a) (a) the circumstances of the person with the amended by No. 26/2011 disability, including the nature of his or her s. 34(Sch. disability; and item 3.27). (b) the nature of the measures required to provide or allow access to or use of the premises or facilities in the premises; and Authorised by the Chief Parliamentary Counsel 66 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (c) the financial circumstances of the person; and (d) the consequences for the person of avoiding the discrimination; and (e) the consequences for the person with the S. 58(2)(e) amended by disability of the person not avoiding the No. 26/2011 discrimination. ss 13(2)(a), 34(Sch. item 3.27). * * * * * S. 58(2)(f) repealed by No. 26/2011 s. 13(2)(b). (3) A person may discriminate against another person S. 58(3) inserted by on the basis of the other person's disability in No. 26/2011 relation to any premises or facilities in the s. 13(3). premises that the public or a section of the public is entitled or allowed to enter or use (whether or not for payment) to the extent that— (a) the premises or facilities comply with, or are exempted from compliance with, a relevant disability standard made under the Disability Discrimination Act 1992 of the Commonwealth in relation to the subject matter of the discrimination; or (b) if the discrimination relates to a building or land on which the premises or facilities are situated— (i) a determination has been made under section 160B of the Building Act 1993 in relation to that building or land, in relation to the subject matter of discrimination; and (ii) the person complies with the determination. Authorised by the Chief Parliamentary Counsel 67 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? S. 58A 58A Exception—accommodation unsuitable for children inserted by No. 26/2011 A person may refuse to provide accommodation to s. 14. a child or a person with a child if the premises, because of their design or location, are unsuitable or inappropriate for occupation by a child.

59 — Exception—shared accommodation

59 Exception—shared accommodation (1) A person may discriminate in deciding who is to occupy residential accommodation— (a) in which the person or a near relative of the person lives and intends to continue to live; and (b) that is to accommodate no more than 3 people in addition to a person or the near relatives of a person referred to in paragraph (a). (2) In this section— near relative, in relation to a person, means— (a) a parent or grandparent, child or grandchild (whether or not under the age of 18) or brother or sister of that person; or (b) the spouse or domestic partner of that person or of a person referred to in paragraph (a).

60 — Exception—welfare measures

60 Exception—welfare measures A person may refuse to provide accommodation to another person in a hostel or similar institution established wholly or mainly for the welfare of persons of a particular sex, age, race or religious belief if the other person is not of that sex, age, race or religious belief. Authorised by the Chief Parliamentary Counsel 68 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited?

61 — Exception—accommodation for students S. 61

61 Exception—accommodation for students S. 61 amended by An educational authority that operates an No. 26/2011 educational institution wholly or mainly for s. 34(Sch. item 3.28). students of a particular sex, race, religious belief, age or age group, or students with a general or particular disability may provide accommodation wholly or mainly for— (a) students of that sex, race, religious belief, age or age group; or (b) students with a general, or the particular, S. 61(b) amended by disability. No. 26/2011 s. 34(Sch. item 3.28). * * * * * S. 62 repealed by No. 7/2022 s. 36.

63 — Application of this Division

63 Application of this Division (1) The provisions of this Division apply despite anything to the contrary— (a) in any document affecting or relating to the land on which the accommodation or premises is situated; or (b) if the relevant accommodation is on land to which section 97 of the Transfer of Land Act 1958 or the Subdivision Act 1988 applies, in any document created by or in relation to a service company or owners corporation referred to or established under either of those Acts in relation to the land. (2) A person is not personally liable for breach of any covenant or obligation contained in any document referred to in subsection (1) if the person would have contravened a provision of this Division if the person had complied with the covenant or obligation. Authorised by the Chief Parliamentary Counsel 69 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? Division 6—Discrimination by clubs and club members

64 — Discrimination against applicants for membership

64 Discrimination against applicants for membership A club, or a member of the committee of management or other governing body of a club, must not discriminate against a person who applies for membership of the club— (a) in determining the terms of a particular category or type of membership of the club; or (b) in the arrangements made for deciding who should be offered membership; or (c) by refusing, or failing to accept, the person's application for membership; or (d) in the way in which the person's application is processed; or (e) in the terms on which the person is admitted as a member.

65 — Discrimination against club members

65 Discrimination against club members A club, or a member of the committee of management or other governing body of a club, must not discriminate against a member of the club— (a) by refusing, or failing to accept, the member's application for a different category or type of membership; or (b) by denying or limiting access to any benefit provided by the club; or (c) by varying the terms of membership; or (d) by depriving the member of membership; or (e) by subjecting the member to any other detriment. Authorised by the Chief Parliamentary Counsel 70 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited?

66 — Exception—clubs for minority cultures

66 Exception—clubs for minority cultures A club, or a member of the committee of management or other governing body of a club, may exclude from membership a person who is not a member of the group of people with an attribute for whom the club was established if the club operates principally to preserve a minority culture.

66A — Exception—clubs for political purposes S. 66A

66A Exception—clubs for political purposes S. 66A inserted by No. 26/2011 A club, or a member of the committee of s. 15. management or other governing body of a club, may exclude a person from membership on the basis of political belief or activity if the club was established principally for a political purpose.

67 — Exception—clubs and benefits for particular age

67 Exception—clubs and benefits for particular age groups (1) A club, or a member of the committee of management or other governing body of a club, may exclude a person from membership if— (a) the club exists principally to provide benefits for people of a particular age group; and (b) the person is not in that age group. (2) A club, or a member of the committee of management or other governing body of a club, may restrict a benefit to members who are members of a particular age group, if it is reasonable to do so in the circumstances.

68 — Exception—single sex clubs

68 Exception—single sex clubs (1) A club, or a member of the committee of management or other governing body of a club, may exclude from membership a person on the basis of that person's sex if membership of the club is available only to persons of the opposite sex. Authorised by the Chief Parliamentary Counsel 71 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (2) A club referred to in subsection (1) must make its rules of eligibility for membership publicly available, without charge. S. 69 69 Exception—separate access to benefits for men and amended by No. 26/2011 women s. 16 (ILA s. 39B(1)). (1) A club, or a member of the committee of management or other governing body of a club, may limit a member's access to a benefit on the basis of the member's sex if— (a) it is not practicable for men and women to enjoy the benefit at the same time; and (b) either— (i) access to the same or an equivalent benefit is provided for men and women separately; or (ii) men and women are each entitled to a reasonably equivalent opportunity to enjoy the benefit. S. 69(2) (2) In determining any matter relating to the inserted by No. 26/2011 application of subsection (1), the following must s. 16. be considered— (a) the purposes for which the club is established; (b) the membership of the club, including any class or type of membership; (c) the nature of the benefits provided by the club; (d) the opportunities for the use and enjoyment of those benefits by men and women; (e) any other relevant circumstances. Authorised by the Chief Parliamentary Counsel 72 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? Division 7—Discrimination in sport

70 — Definitions

70 Definitions In this Division— competitive sporting activity includes any exhibition or demonstration of a sport, but does not include— (a) the coaching of people engaged in a sporting activity; or (b) the umpiring or refereeing of a sporting activity; or (c) the administration of a sporting activity; or (d) the non-competitive practice of a sport; participating in a sporting activity includes— (a) coaching people involved in a sporting activity; (b) umpiring or refereeing a sporting activity; (c) participating in the administration of a sporting activity; sport and sporting activity include game and pastime.

71 — Discrimination in sport

71 Discrimination in sport A person must not discriminate against another person— (a) by refusing or failing to select the other person in a sporting team; or (b) by excluding the other person from participating in a sporting activity. Authorised by the Chief Parliamentary Counsel 73 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited?

72 — Exception—competitive sporting activities

72 Exception—competitive sporting activities (1) A person may exclude people of one sex or with a gender identity from participating in a competitive sporting activity in which the strength, stamina or physique of competitors is relevant. S. 72(1A) (1A) A person may exclude people of one sex from inserted by No. 26/2011 participating in a competitive sporting activity s. 17(1). if— (a) participation in the activity is necessary for progression to an elite level competition; and (b) the exclusion is necessary to enable participants in the activity to progress to national or international elite level competition. S. 72(1B) (1B) A person may exclude people of one sex from inserted by No. 26/2011 participating in a competitive sporting activity or s. 17(1). restrict participation in a competitive sporting activity to people of one sex if— (a) the exclusion or restriction is intended to facilitate participation in the activity by people of a particular sex; and (b) the exclusion or restriction is reasonable having regard to— (i) the nature and purpose of the activity; and (ii) the consequences of the exclusion or restriction for people of the excluded or restricted sex; and (iii) whether there are other opportunities for people of the excluded or restricted sex to participate in the activity. (2) A person may restrict participation in a competitive sporting activity— (a) to people who can effectively compete; or Authorised by the Chief Parliamentary Counsel 74 Equal Opportunity Act 2010 No. 16 of 2010 Part 4—When is discrimination prohibited? (b) to people of a specified age or age group; or (c) to people with a general or particular S. 72(2)(c) amended by disability. No. 26/2011 s. 34(Sch. item 3.29). (3) Subsections (1), (1A) and (1B) do not apply to a S. 72(3) amended by sporting activity for children under the age of No. 26/2011 12 years. s. 17(2). Division 8—Discrimination in local government

73 — Discrimination by councillors

73 Discrimination by councillors A councillor of a municipal council must not, in the performance of his or her public functions, discriminate against— (a) another councillor of that council; or (b) a member of a committee of that council who is not a councillor of that council.

74 — Exception—political belief or activity

74 Exception—political belief or activity Section 73 does not apply to discrimination on the basis of political belief or activity. Authorised by the Chief Parliamentary Counsel 75 Equal Opportunity Act 2010 No. 16 of 2010 Part 5—General exceptions to and exemptions from the prohibition of discrimination Part 5—General exceptions to and exemptions from the prohibition of discrimination

75 — Things done with statutory authority

75 Things done with statutory authority (1) A person may discriminate if the discrimination is necessary to comply with, or is authorised by, a provision of— (a) an Act, other than this Act; or (b) an enactment, other than an enactment under this Act. (2) For the purpose of subsection (1), it is not necessary that the provision refer to discrimination, as long as it authorises or necessitates the relevant conduct that would otherwise constitute discrimination. (3) Sections 50(3) and 63(1) prevail over this section to the extent of any inconsistency between them.

76 — Things done to comply with orders of courts and

76 Things done to comply with orders of courts and tribunals A person may discriminate if the discrimination is necessary to comply with— (a) an order of the Tribunal; or (b) an order of any other tribunal or any court.

77 — Pensions

77 Pensions Nothing in Part 4 affects discriminatory provisions relating to pensions.

78 — Superannuation—existing fund conditions before

78 Superannuation—existing fund conditions before

1 — January 1996

1 January 1996 (1) A person may discriminate by retaining an existing superannuation fund condition in relation to a person who was a member of that fund at Authorised by the Chief Parliamentary Counsel 76 Equal Opportunity Act 2010 No. 16 of 2010 Part 5—General exceptions to and exemptions from the prohibition of discrimination

1 — January 1996 or who became a member of that

1 January 1996 or who became a member of that fund within a period of 12 months after that date. (2) In this section— existing superannuation fund condition means, in relation to a superannuation fund, a condition of the fund, or of membership of the fund, that was in operation at 1 January 1996.

79 — Superannuation—new fund conditions after

79 Superannuation—new fund conditions after

1 — January 1996

1 January 1996 (1) A person may discriminate against another person on the basis of age by imposing conditions in relation to a superannuation fund if— (a) the discrimination occurs in the application of prescribed standards under the Superannuation (Self Managed Superannuation Funds) Taxation Act 1987 or Superannuation Industry (Supervision) Act 1993 of the Commonwealth; or (b) the discrimination is required to comply with, obtain benefits, or avoid penalties under any other Commonwealth Act; or (c) the discrimination is— (i) based on actuarial or statistical data on which it is reasonable for the person to rely; and (ii) reasonable having regard to that data and any other relevant factors; or (d) in a case where no such actuarial or statistical data is available and cannot reasonably be obtained, the discrimination is reasonable having regard to any other relevant factors. Authorised by the Chief Parliamentary Counsel 77 Equal Opportunity Act 2010 No. 16 of 2010 Part 5—General exceptions to and exemptions from the prohibition of discrimination (2) A person may discriminate against another person— (a) on the basis of sex or marital status, by imposing conditions in relation to a superannuation fund if the discrimination is permitted under the Sex Discrimination Act 1984 of the Commonwealth; or S. 79(2)(b) (b) on the basis of disability, by imposing amended by No. 26/2011 conditions in relation to a superannuation s. 34(Sch. fund if the discrimination is permitted under item 4.1). the Disability Discrimination Act 1992 of the Commonwealth; or (c) on the basis of age, by imposing conditions in relation to a superannuation fund if the discrimination is permitted under the Age Discrimination Act 2004 of the Commonwealth.

80 — Charities

80 Charities (1) Nothing in Part 4 (including sections 50 and 63)— (a) affects a provision of a deed, will or other instrument that confers charitable benefits, or enables charitable benefits to be conferred; or (b) prohibits anything that is done in order to give effect to such a provision. (2) This section applies to an instrument made before, on or after the commencement of this section. (3) In this section— charitable benefits means benefits exclusively charitable according to Victorian law. Authorised by the Chief Parliamentary Counsel 78 Equal Opportunity Act 2010 No. 16 of 2010 Part 5—General exceptions to and exemptions from the prohibition of discrimination

81 — Definition of religious body S. 81

81 Definition of religious body S. 81 amended by For the purposes of this Part, religious body No. 56/2021 means— s. 3. (a) a body established for a religious purpose; or (b) an entity that establishes, or directs, controls or administers, an educational or other charitable entity that is intended to be, and is, conducted in accordance with religious doctrines, beliefs or principles.

81A — Other definitions S. 81A

81A Other definitions S. 81A inserted by No. 56/2021 In this Part— s. 4. relevant educational entity means a person or body to which section 83 applies.

82 — Religious bodies

82 Religious bodies (1) Nothing in Part 4 applies to— (a) the ordination or appointment of priests, ministers of religion or members of a religious order; or (b) the training or education of people seeking ordination or appointment as priests, ministers of religion or members of a religious order; or (c) the selection or appointment of people to perform functions in relation to, or otherwise participate in, any religious observance or practice. (2) Nothing in Part 4 applies to anything done (except S. 82(2) amended by in relation to employment) on the basis of a Nos 26/2011 person's religious belief or activity, sex, sexual s. 18(1), 56/2021 orientation, lawful sexual activity, marital status, s. 5(1)(2). parental status or gender identity by a religious body that is reasonable and proportionate in the circumstances, and— Authorised by the Chief Parliamentary Counsel 79 Equal Opportunity Act 2010 No. 16 of 2010 Part 5—General exceptions to and exemptions from the prohibition of discrimination S. 82(2)(a) (a) conforms with the doctrines, beliefs or amended by principles of the religious body's religion; or No. 56/2021 s. 5(3). S. 82(2)(b) (b) is reasonably necessary to avoid injury to the amended by No. 56/2021 religious sensitivities of adherents of the s. 5(3). religious body's religion. S. 82(3) (3) Subsection (2) of this section has effect subject to repealed by No. 26/2011 sections 83 and 83A. s. 18(2), new s. 82(3) inserted by No. 56/2021 s. 5(4). S. 82(4) * * * * * repealed by No. 26/2011 s. 18(2). S. 82A 82A Religious bodies—employment inserted by No. 56/2021 s. 6. (1) A person may discriminate against another person in relation to the employment of the other person in a particular position by a religious body if— (a) conformity with the doctrines, beliefs or principles of the religious body's religion is an inherent requirement of the position; and (b) the other person cannot meet that inherent requirement because of their religious belief or activity; and (c) the discrimination is reasonable and proportionate in the circumstances. (2) The nature of the religious body and the religious doctrines, beliefs or principles in accordance with which it is conducted must be taken into account in determining the inherent requirements of a position for the purposes of subsection (1)(a). Authorised by the Chief Parliamentary Counsel 80 Equal Opportunity Act 2010 No. 16 of 2010 Part 5—General exceptions to and exemptions from the prohibition of discrimination (3) This section does not permit discrimination on the basis of any attribute other than as specified in subsection (1).

83 — Religious educational institutions S. 83

83 Religious educational institutions S. 83 (Heading) amended by (1) This section applies to a person or body, including No. 56/2021 a religious body, that establishes, directs, controls, s. 7(1). administers or is an educational institution that is, or is to be, conducted in accordance with religious doctrines, beliefs or principles. (2) Nothing in Part 4 applies to anything done (except S. 83(2) amended by in relation to employment) on the basis of a Nos 26/2011 person's religious belief or activity by a person or s. 19(1), 56/2021 body to which this section applies in the course of s. 7(2)(3). establishing, directing, controlling or administering the educational institution that is reasonable and proportionate in the circumstances, and— (a) conforms with the doctrines, beliefs or S. 83(2)(a) amended by principles of the religion in accordance with No. 56/2021 which the educational institution is to be s. 7(4). conducted; or (b) is reasonably necessary to avoid injury to the S. 83(2)(b) amended by religious sensitivities of adherents of the No. 56/2021 religion in accordance with which the s. 7(4). educational institution is to be conducted. (3) This section does not permit discrimination on the S. 83(3) repealed by basis of any attribute other than as specified in No. 26/2011 subsection (2). s. 19(2), new s. 83(3) inserted by No. 20/2022 s. 7. * * * * * S. 83(4) repealed by No. 26/2011 s. 19(2). Authorised by the Chief Parliamentary Counsel 81 Equal Opportunity Act 2010 No. 16 of 2010 Part 5—General exceptions to and exemptions from the prohibition of discrimination S. 83A 83A Religious educational institutions: employment inserted by No. 56/2021 (1) A person may discriminate against another person s. 8. in relation to the employment of the other person in a particular position by a relevant educational entity in the course of establishing, directing, controlling or administering an educational institution if— (a) conformity with the doctrines, beliefs or principles of the religion in accordance with which the educational institution is to be conducted is an inherent requirement of the position; and (b) the other person cannot meet that inherent requirement because of their religious belief or activity; and (c) the discrimination is reasonable and proportionate in the circumstances. (2) The nature of the educational institution and the religious doctrines, beliefs or principles in accordance with which it is to be conducted must be taken into account in determining the inherent requirements of a position for the purposes of subsection (1)(a). (3) This section does not permit discrimination on the basis of any attribute other than as specified in subsection (1). S. 84 * * * * * repealed by No. 56/2021 s. 9.

85 — Legal incapacity and age of majority

85 Legal incapacity and age of majority (1) Nothing in this Act is intended to affect the law in relation to the legal capacity or incapacity of any person or the age of majority. Authorised by the Chief Parliamentary Counsel 82 Equal Opportunity Act 2010 No. 16 of 2010 Part 5—General exceptions to and exemptions from the prohibition of discrimination (2) A person may discriminate against another person if— (a) the other person is subject to a legal S. 85(2)(a) amended by incapacity because of his or her age or No. 26/2011 disability; and s. 34(Sch. item 4.2). (b) the incapacity is relevant to the transaction or activity in which they are involved. Example A service provider may refuse to enter into a contract with a child who, because of his or her age, does not have legal capacity to enter the contract.

86 — Protection of health, safety and property

86 Protection of health, safety and property (1) A person may discriminate against another person S. 86(1) amended by on the basis of disability or physical features if the No. 26/2011 discrimination is reasonably necessary— s. 34(Sch. item 4.3). (a) to protect the health or safety of any person (including the person discriminated against) or of the public generally; or (b) to protect the property of any person (including the person discriminated against) or any public property. (2) A person may discriminate against another person on the basis of pregnancy if the discrimination is reasonably necessary to protect the health or safety of any person (including the person discriminated against).

87 — Age benefits and concessions

87 Age benefits and concessions A person may provide benefits, including concessions, to another person based on age.

88 — Special needs

88 Special needs (1) A person may establish special services, benefits or facilities that meet the special needs of people with a particular attribute and may limit eligibility Authorised by the Chief Parliamentary Counsel 83 Equal Opportunity Act 2010 No. 16 of 2010 Part 5—General exceptions to and exemptions from the prohibition of discrimination for such services to people with the particular attribute. Example A community organisation establishes a support group for single fathers in response to research that shows that single fathers have a need for targeted counselling and support. (2) A person does not discriminate by establishing special services, benefits or facilities, or by limiting eligibility for such services in accordance with subsection (1). (3) Without limiting the generality of subsection (1)— (a) a person may grant a woman any right, privilege or benefit in relation to pregnancy or childbirth; (b) a person may provide, or restrict the offering of, holiday tours to people of a particular age or age group.

89 — Exemptions by the Tribunal

89 Exemptions by the Tribunal (1) The Tribunal, by notice published in the Government Gazette, may grant an exemption— (a) from any of the provisions of this Act in relation to— (i) a person or class of people; or (ii) an activity or class of activities; or (b) from any of the provisions of this Act in any other circumstances specified by the Tribunal. (2) An exemption remains in force for the period, not exceeding 5 years, that is specified in the notice. Authorised by the Chief Parliamentary Counsel 84 Equal Opportunity Act 2010 No. 16 of 2010 Part 5—General exceptions to and exemptions from the prohibition of discrimination (3) The Tribunal, by notice published in the Government Gazette— (a) may renew an exemption from time to time for the period, not exceeding 5 years, specified in the notice; (b) may revoke an exemption with effect from the date specified in the notice, which must be a date not less than 3 months after the date the notice is published. (4) An exemption may be granted or renewed subject to any conditions the Tribunal thinks fit. (5) An exemption may be granted, renewed or revoked— (a) on the application of a person whose interests, in the opinion of the Tribunal, are or may be affected by the exemption; or (b) on the Tribunal's own initiative.

90 — Factors to be considered by Tribunal

90 Factors to be considered by Tribunal In deciding whether to grant, renew or revoke an exemption, the Tribunal must consider— (a) whether the proposed exemption is unnecessary because— (i) an exception or exemption in this Act already applies to the conduct sought to be exempted; or (ii) the conduct sought to be exempted would not amount to prohibited discrimination; and (b) whether the proposed exemption is a reasonable limitation on the right to equality set out in the Charter of Human Rights and Responsibilities; and (c) all the relevant circumstances of the case. Authorised by the Chief Parliamentary Counsel 85 Equal Opportunity Act 2010 No. 16 of 2010 Part 5—General exceptions to and exemptions from the prohibition of discrimination

91 — Applicant to give notice to Commission

91 Applicant to give notice to Commission An applicant for the grant, renewal or revocation of an exemption under section 89 must give a copy of the application to the Commission. Authorised by the Chief Parliamentary Counsel 86 Equal Opportunity Act 2010 No. 16 of 2010 Part 6—Prohibition of sexual harassment Part 6—Prohibition of sexual harassment

92 — What is sexual harassment?

92 What is sexual harassment? (1) For the purpose of this Act, a person sexually harasses another person if he or she— (a) makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the other person; or (b) engages in any other unwelcome conduct of a sexual nature in relation to the other person— in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated. (2) In subsection (1) conduct of a sexual nature includes— (a) subjecting a person to any act of physical intimacy; (b) making, orally or in writing, any remark or statement with sexual connotations to a person or about a person in his or her presence; (c) making any gesture, action or comment of a sexual nature in a person's presence.

93 — Harassment by employers and employees

93 Harassment by employers and employees (1) An employer must not sexually harass— (a) a person seeking employment with that employer; or (b) an employee of that employer. (2) An employee must not sexually harass— (a) another person employed by his or her employer; or Authorised by the Chief Parliamentary Counsel 87 Equal Opportunity Act 2010 No. 16 of 2010 Part 6—Prohibition of sexual harassment (b) his or her employer; or (c) a person seeking employment with his or her employer. (3) For the purposes of this section— (a) a municipal councillor is to be taken to be an employer of employees of that council; (b) a member of the governing body (however called) of a body corporate or unincorporated association is to be taken to be an employer of employees of that body corporate or unincorporated association.

94 — Harassment in common workplaces

94 Harassment in common workplaces (1) A person must not sexually harass another person at a place that is a workplace of both of them. (2) For the purposes of this section it is irrelevant— (a) whether each person is an employer, an employee or neither; and (b) if they are employees, whether their employers are the same or different. (3) In this section workplace means any place where a person attends for the purpose of carrying out any functions in relation to his or her employment, occupation, business, trade or profession and need not be a person's principal place of business or employment.

95 — Harassment by partners

95 Harassment by partners A partner in a firm must not sexually harass— (a) a person seeking admission to that firm as a partner; or (b) another partner in that firm. Authorised by the Chief Parliamentary Counsel 88 Equal Opportunity Act 2010 No. 16 of 2010 Part 6—Prohibition of sexual harassment

96 — Harassment in industrial organisations

96 Harassment in industrial organisations (1) A member of an industrial organisation must not sexually harass— (a) a person seeking to become a member of that organisation; or (b) another member of that organisation; or (c) an employee of that organisation. (2) An employee of an industrial organisation must not sexually harass— (a) a person seeking to become a member of that organisation; or (b) a member of that organisation.

97 — Harassment by members of qualifying bodies

97 Harassment by members of qualifying bodies (1) A member of a qualifying body must not sexually harass— (a) a person seeking action in connection with an occupational qualification; or (b) another member of that qualifying body; or (c) an employee of that qualifying body. (2) An employee of a qualifying body must not sexually harass— (a) a person seeking action in connection with an occupational qualification; or (b) a member of that qualifying body. (3) In this section action in connection with an occupational qualification means conferring, renewing, extending, revoking or withdrawing an occupational qualification. Authorised by the Chief Parliamentary Counsel 89 Equal Opportunity Act 2010 No. 16 of 2010 Part 6—Prohibition of sexual harassment

98 — Harassment in educational institutions

98 Harassment in educational institutions (1) An employee of an educational institution must not sexually harass— (a) a person seeking admission to that institution as a student; or (b) a student at that institution. (2) A student at an educational institution must not sexually harass— (a) another student at that institution; or (b) an employee of that institution; or (c) a member of the educational authority administering that institution. (3) A member of an educational authority must not sexually harass— (a) a person seeking admission to the institution administered by the authority as a student; or (b) a student at that institution.

99 — Harassment in the provision of goods and services

99 Harassment in the provision of goods and services (1) A person must not sexually harass another person in the course of providing, or offering to provide, goods or services to that other person. (2) A person must not sexually harass another person in the course of receiving or selecting goods or services provided by that other person. (3) This section applies whether or not the goods or services are provided or received for payment.

100 — Harassment in the provision of accommodation

100 Harassment in the provision of accommodation A person must not sexually harass another person in the course of providing, or offering to provide, accommodation to that other person. Authorised by the Chief Parliamentary Counsel 90 Equal Opportunity Act 2010 No. 16 of 2010 Part 6—Prohibition of sexual harassment

101 — Harassment in clubs

101 Harassment in clubs A member of a club, including a member of the committee of management or other governing body of the club, must not sexually harass— (a) a person seeking to become a member of the club; or (b) another member of the club; or (c) an employee of the club.

102 — Harassment in local government

102 Harassment in local government A councillor of a municipal council must not sexually harass— (a) another councillor of that council; or (b) a member of a committee of that council who is not a councillor of that council. Authorised by the Chief Parliamentary Counsel 91 Equal Opportunity Act 2010 No. 16 of 2010 Part 7—Prohibition of other conduct and vicarious liability for discrimination Part 7—Prohibition of other conduct and vicarious liability for discrimination Division 1—Victimisation

103 — Prohibition of victimisation

103 Prohibition of victimisation A person must not victimise another person.

104 — What is victimisation?

104 What is victimisation? (1) A person victimises another person if the person subjects or threatens to subject the other person to any detriment because the other person, or a person associated with the other person— S. 104(1)(a) (a) has brought a dispute to the Commission for amended by No. 26/2011 dispute resolution; or s. 34(Sch. item 5.1). (b) has made a complaint against any person under the old Act; or (c) has brought any other proceedings under this Act or the old Act against any person; or (d) has given evidence or information, or produced a document, in connection with— (i) any proceedings under this Act or the old Act; or S. 104(1)(d)(ii) (ii) any investigation conducted by the amended by No. 26/2011 Commission; or s. 20. (e) has attended a compulsory conference or mediation at the Tribunal in any proceedings under this Act or the old Act; or (f) has otherwise done anything in accordance with this Act or the old Act in relation to any person; or Authorised by the Chief Parliamentary Counsel 92 Equal Opportunity Act 2010 No. 16 of 2010 Part 7—Prohibition of other conduct and vicarious liability for discrimination (g) has alleged that any person has contravened a provision of Part 4 or 6 or this Part, or Part 3, 5 or 6 of the old Act, unless the allegation is false and was not made in good faith; or (h) has refused to do anything that— (i) would contravene a provision of Part 4 or 6 or this Part; or (ii) would have contravened a provision of Part 3, 5 or 6 of the old Act— or because the person believes that the other person or the associate has done or intends to do any of those things. (2) It is sufficient for subsection (1)(g) that the allegation states the act or omission that would constitute the contravention without actually stating that this Act, or a provision of this Act, has been contravened. (3) In determining whether a person victimises another person it is irrelevant— (a) whether or not a factor in subsection (1) is the only or dominant reason for the treatment or threatened treatment provided that it is a substantial reason; (b) whether the person acts alone or in association with any other person. (4) In this section, old Act means the Equal Opportunity Act 1995, as in force before its repeal. Authorised by the Chief Parliamentary Counsel 93 Equal Opportunity Act 2010 No. 16 of 2010 Part 7—Prohibition of other conduct and vicarious liability for discrimination Division 2—Authorising or assisting discrimination

105 — Prohibition of authorising or assisting

105 Prohibition of authorising or assisting discrimination A person must not request, instruct, induce, encourage, authorise or assist another person to contravene a provision of Part 4 or 6 or this Part.

106 — Liability of person who authorises or assists

106 Liability of person who authorises or assists If, as a result of a person doing any of the things specified in section 105, the other person contravenes a provision of Part 4 or 6 or this Part, a person may— S. 106(a) (a) bring a dispute to the Commission for amended by No. 26/2011 dispute resolution; or s. 34(Sch. item 5.2). (b) make an application to the Tribunal— against either the person who authorises or assists or the person who contravenes a provision of Part 4 or 6 or this Part or both of those persons. Division 3—Discriminatory requests for information

107 — Prohibition on requesting discriminatory

107 Prohibition on requesting discriminatory information (1) A person must not request or require another person to supply information that could be used by the first person to form the basis of discrimination against the other person. (2) For the purpose of subsection (1), it is irrelevant whether the request or requirement is made orally, in writing, in an application form or otherwise. Authorised by the Chief Parliamentary Counsel 94 Equal Opportunity Act 2010 No. 16 of 2010 Part 7—Prohibition of other conduct and vicarious liability for discrimination

108 — Exception—information required for purposes not

108 Exception—information required for purposes not involving prohibited discrimination (1) A person may request or require another person to supply information that could be used by the first person to form the basis of discrimination against the other person if the information is reasonably required for a purpose that does not involve prohibited discrimination. (2) A person who requests or requires another person to supply information referred to in subsection (1) has the burden of proving that the information is reasonably required for a purpose that does not involve prohibited discrimination. (3) A person who requests or requires another person to supply information referred to in subsection (1)— (a) must not directly or indirectly disclose or communicate the information to any person unless it is necessary to do so for the purpose that does not involve prohibited discrimination; and (b) must destroy or permanently de-identify the information when it is no longer required for the purpose that does not involve prohibited discrimination. (4) A person who requests or requires another person to supply information referred to in subsection (1) must not be required— (a) to produce in a court any document containing the information; or Authorised by the Chief Parliamentary Counsel 95 Equal Opportunity Act 2010 No. 16 of 2010 Part 7—Prohibition of other conduct and vicarious liability for discrimination (b) to disclose or communicate to any court the information— unless it is necessary to do so for the purposes of subsection (2). (5) In subsection (4), produce includes permit access to. Division 4—Vicarious liability S. 109 109 Vicarious liability of employers and principals amended by No. 26/2011 If a person in the course of employment or while s. 34(Sch. acting as an agent— item 5.3). (a) contravenes a provision of Part 4 or 6 or this Part; or (b) engages in any conduct that would, if engaged in by the person's employer or principal, contravene a provision of Part 4 or 6 or this Part— both the person and the employer or principal must be taken to have contravened the provision and a person may bring a dispute to the Commission for dispute resolution or make an application to the Tribunal against either or both of them.

110 — Exception to vicarious liability

110 Exception to vicarious liability An employer or principal is not vicariously liable for a contravention of a provision of Part 4 or 6 or this Part by an employee or agent if the employer or principal proves, on the balance of probabilities, that the employer or principal took reasonable precautions to prevent the employee or agent contravening this Act. Authorised by the Chief Parliamentary Counsel 96 Equal Opportunity Act 2010 No. 16 of 2010 Part 8—Disputes Part 8—Disputes Pt 8 Div. 1 Division 1—Dispute resolution by the Commission (Heading) amended by No. 26/2011 s. 34(Sch. item 6.1).

111 — Functions of the Commission S. 111

111 Functions of the Commission S. 111 (Heading) amended by The Commission has the following functions in No. 26/2011 relation to dispute resolution— s. 34(Sch. item 6.2). (a) to offer services designed to facilitate S. 111 resolution of disputes; amended by No. 26/2011 s. 34(Sch. (b) to establish policies and issue procedures and item 6.3). directions on the manner in which dispute resolution under this Act should be conducted.

112 — Principles of dispute resolution offered by the S. 112

112 Principles of dispute resolution offered by the S. 112 (Heading) Commission amended by No. 26/2011 The principles of dispute resolution offered by the s. 34(Sch. item 6.4). Commission are that— S. 112 (a) dispute resolution should be provided as amended by No. 26/2011 early as possible; and s. 34(Sch. item 6.5). (b) the type of dispute resolution offered should be appropriate to the nature of the dispute; and (c) the dispute resolution process is fair to all parties; and (d) dispute resolution is voluntary; and (e) dispute resolution should be consistent with the objectives of this Act. Authorised by the Chief Parliamentary Counsel 97 Equal Opportunity Act 2010 No. 16 of 2010 Part 8—Disputes S. 113 113 Who may bring a dispute to the Commission? (Heading) amended by No. 26/2011 s. 34(Sch. item 6.6). S. 113(1) (1) The following persons may bring a dispute to the amended by No. 26/2011 Commission for dispute resolution— s. 34(Sch. item 6.7). (a) a person who claims that another person has contravened a provision of Part 4, 6 or 7 in relation to that person; S. 113(1)(b) (b) if that person is unable to bring a dispute amended by No. 26/2011 because of disability— s. 34(Sch. item 6.8). (i) a person authorised by that person to act on his or her behalf; or (ii) if that person is unable to authorise another person, any other person on his or her behalf; (c) if that person is a child— (i) the child; or (ii) a parent of the child on the child's behalf; or S. 113(1)(c)(iii) (iii) if the Commission is satisfied that the amended by No. 26/2011 child or a parent of the child consents, s. 34(Sch. any other person on the child's behalf. item 6.7). S. 113(2) (2) A person may bring a dispute on behalf of the amended by No. 26/2011 person and another person or persons if the s. 34(Sch. Commission is satisfied that— item 6.7). (a) each person— (i) is entitled to bring a dispute under subsection (1)(a); and (ii) has consented to the dispute being brought on the person's behalf; and Authorised by the Chief Parliamentary Counsel 98 Equal Opportunity Act 2010 No. 16 of 2010 Part 8—Disputes (b) the alleged contravention arises out of the same conduct. (3) An authorisation under subsection (1)(b)(i) may be given— (a) in writing; or (b) in any other manner approved by the S. 113(3)(b) amended by Commission. No. 26/2011 s. 34(Sch. item 6.7). (4) Two or more people may jointly bring a dispute to S. 113(4) amended by the Commission for dispute resolution. No. 26/2011 s. 34(Sch. item 6.7). (5) It is not necessary for the alleged contravention to relate exclusively to the person bringing the dispute.

114 — Representative body may bring a dispute to the S. 114

114 Representative body may bring a dispute to the S. 114 (Heading) Commission amended by No. 26/2011 s. 34(Sch. item 6.9). (1) A representative body may bring a dispute to the S. 114(1) amended by Commission for dispute resolution on behalf of a No. 26/2011 named person or persons if the Commission is s. 34(Sch. item 6.10). satisfied that— (a) each person— (i) is entitled to bring a dispute under section 113(1)(a); and (ii) has consented to the dispute being brought by the body on the person's behalf; and (b) the representative body has a sufficient interest in the dispute; and Authorised by the Chief Parliamentary Counsel 99 Equal Opportunity Act 2010 No. 16 of 2010 Part 8—Disputes (c) if the dispute is brought on behalf of more than one person, the alleged contravention arises out of the same conduct. (2) A representative body has sufficient interest in a dispute if the conduct that constitutes the alleged contravention is a matter of genuine concern to the body because of the way conduct of that nature adversely affects or has the potential to adversely affect the interests of the body or the interests or welfare of the persons it represents.

115 — Beginning and end of dispute resolution

115 Beginning and end of dispute resolution S. 115(1) (1) Dispute resolution starts when the person bringing amended by No. 26/2011 the dispute informs the Commission that he or she s. 34(Sch. wishes to proceed with dispute resolution. item 6.11). (2) Dispute resolution ends when the earliest of the following occurs— S. 115(2)(a) (a) the Commission declines to provide or to amended by No. 26/2011 continue to provide dispute resolution under s. 34(Sch. section 116; item 6.11). (b) a party withdraws from dispute resolution under section 118; (c) the parties to the dispute reach agreement about the subject matter of the dispute. S. 116 116 Discretion to decline to provide or continue dispute amended by No. 26/2011 resolution s. 34(Sch. item 6.12). The Commission may decline to provide or to continue to provide dispute resolution for any of the following reasons— (a) the alleged contravention occurred more than 12 months before the dispute was brought; Authorised by the Chief Parliamentary Counsel 100 Equal Opportunity Act 2010 No. 16 of 2010 Part 8—Disputes (b) the matter has been adequately dealt with by a court or tribunal; (c) the matter involves subject matter that would be more appropriately dealt with by a court or tribunal; (d) a person has initiated proceedings in another forum; (e) having regard to all the circumstances, the S. 116(e) amended by Commission considers it is not appropriate to No. 26/2011 provide or to continue to provide dispute s. 34(Sch. item 6.12). resolution.

117 — Admissibility of information gathered during

117 Admissibility of information gathered during dispute resolution (1) Evidence of anything said or done in the course of dispute resolution is inadmissible in proceedings before the Tribunal or any other legal proceeding relating to the subject matter of the dispute. (2) This section applies despite section 131 of the Evidence Act 2008.

118 — Withdrawal from dispute resolution

118 Withdrawal from dispute resolution (1) A party to a dispute may withdraw from dispute S. 118(1) amended by resolution at any time by informing the No. 26/2011 Commission that the party no longer wishes to s. 34(Sch. item 6.13). participate in the dispute resolution. (2) Withdrawal from dispute resolution does not prevent a person making an application to the Tribunal under this Act or commencing proceedings in another jurisdiction.

119 — Settlement agreements

119 Settlement agreements (1) This section applies if, following dispute resolution, the parties to the dispute reach agreement with respect to the subject matter of the dispute. Authorised by the Chief Parliamentary Counsel 101 Equal Opportunity Act 2010 No. 16 of 2010 Part 8—Disputes S. 119(2) (2) Any party may request that a written record of amended by agreement be prepared by the parties or the No. 26/2011 s. 34(Sch. Commission. item 6.14). (3) A request must be made within 30 days after the agreement is reached. S. 119(4) (4) If a record of agreement is prepared by the amended by No. 26/2011 Commission following a request under s. 34(Sch. subsection (2)— item 6.14). (a) the record must be signed by or on behalf of each party; and S. 119(4)(b) (b) the Commission must certify the record of amended by No. 26/2011 agreement. s. 34(Sch. item 6.14). (5) If a record of agreement is prepared by the parties following a request under subsection (2)— (a) the record must be signed by or on behalf of each party; and S. 119(5)(b) (b) on the request of a party, the Commission amended by No. 26/2011 may certify the record of agreement. s. 34(Sch. item 6.14). S. 119(6) (6) If the Commission certifies the record of amended by No. 26/2011 agreement under subsection (4)(b) or (5)(b), the s. 34(Sch. Commission must give each party a copy of the item 6.14). signed and certified record. S. 119(7) (7) The refusal of the Commission to certify the amended by No. 26/2011 record of agreement does not affect the validity of s. 34(Sch. the agreement. item 6.14). Authorised by the Chief Parliamentary Counsel 102 Equal Opportunity Act 2010 No. 16 of 2010 Part 8—Disputes

120 — Registration of settlement agreements

120 Registration of settlement agreements (1) Any party, after notifying the other party in writing, may lodge a copy of the signed and certified record of agreement with the Tribunal for registration. (2) Subject to subsection (3), the Tribunal must register the agreement and give a certified copy of the registered record to each party. (3) If the Tribunal, constituted by a presidential member, considers that it may not be practicable to enforce, or to supervise compliance with, an agreement or part of an agreement the Tribunal— (a) in the case of an agreement, may refuse to register the record of agreement; or (b) in the case of part of an agreement, may refuse to register the part of the record of agreement that it considers may not be practicable to enforce, or to supervise compliance with. (4) On registration, the registered agreement or registered part of the agreement must be taken to be an order of the Tribunal in accordance with its terms and may be enforced accordingly. (5) The refusal of the Tribunal to register the record of agreement or any part of the record of agreement does not affect the validity of the agreement.

121 — Tribunal may make interim orders to prevent

121 Tribunal may make interim orders to prevent prejudice to dispute resolution (1) The Tribunal may make an interim order to prevent any party to a dispute from acting in a manner prejudicial to dispute resolution or to any decision or order the Tribunal might subsequently make. Authorised by the Chief Parliamentary Counsel 103 Equal Opportunity Act 2010 No. 16 of 2010 Part 8—Disputes (2) An application for an order under subsection (1) may be made by— S. 121(2)(a) (a) a person bringing the dispute to the amended by No. 26/2011 Commission for dispute resolution; or s. 34(Sch. item 6.15). S. 121(2)(b) (b) the Commission. amended by No. 26/2011 s. 34(Sch. item 6.15). (3) An application may be made at any time before an application under section 122 relating to the dispute has been made to the Tribunal. (4) In making an interim order, the Tribunal must have regard to— (a) whether or not the person bringing the dispute has established a prima facie case with respect to the dispute; and (b) any possible detriment or advantage to the public interest in making the order; and (c) any possible detriment to the case of the person bringing the dispute if the order is not made. (5) An interim order applies for the period, not exceeding 28 days, specified in it and may be extended from time to time by the Tribunal. (6) The party against whom the interim order is sought is a party to the proceeding on an application under subsection (2). (7) Nothing in this section affects or takes away from the Tribunal's power under section 123 of the Victorian Civil and Administrative Tribunal Act 1998 to make orders of an interim nature in a proceeding in the Tribunal. Authorised by the Chief Parliamentary Counsel 104 Equal Opportunity Act 2010 No. 16 of 2010 Part 8—Disputes Division 2—Applications to the Tribunal

122 — Application may be made to Tribunal in respect of S. 122

122 Application may be made to Tribunal in respect of S. 122 dispute amended by No. 26/2011 A person may make an application to the Tribunal s. 34(Sch. item 6.16). in respect of an alleged contravention of Part 4, 6 or 7, whether or not the person has brought a dispute to the Commission for dispute resolution.

123 — Who can apply?

123 Who can apply? (1) The following persons may make an application to the Tribunal under section 122— (a) a person who claims that another person has contravened a provision of Part 4, 6 or 7 in relation to that person; (b) if that person is unable to make an S. 123(1)(b) amended by application because of disability— No. 26/2011 s. 34(Sch. (i) a person authorised by that person to item 6.17). act on his or her behalf; or (ii) if that person is unable to authorise another person, any other person on his or her behalf; (c) if that person is a child— (i) the child; or (ii) a parent of the child on the child's behalf; or (iii) if the Tribunal is satisfied that the child or a parent of the child consents, any other person on the child's behalf. (2) A person may make an application on behalf of the person and another person or persons if the Tribunal is satisfied that— Authorised by the Chief Parliamentary Counsel 105 Equal Opportunity Act 2010 No. 16 of 2010 Part 8—Disputes (a) each person— (i) is entitled to make an application under subsection (1)(a); and (ii) has consented to the application being made on the person's behalf; and (b) the alleged contravention arises out of the same conduct. (3) An authorisation under subsection (1)(b)(i) may be given— (a) in writing; or (b) in any other manner approved by the Tribunal. (4) It is not necessary for the alleged contravention to relate exclusively to the person making the application.

124 — Representative body may apply to Tribunal

124 Representative body may apply to Tribunal (1) A representative body may make an application to the Tribunal on behalf of a named person or persons if the Tribunal is satisfied that— (a) each person— (i) is entitled to make an application under section 123(1)(a); and (ii) has consented to the application being made by the body on the person's behalf; and (b) the representative body has a sufficient interest in the application; and (c) if the application is made on behalf of more than one person, the alleged contravention arises out of the same conduct. Authorised by the Chief Parliamentary Counsel 106 Equal Opportunity Act 2010 No. 16 of 2010 Part 8—Disputes (2) A representative body has sufficient interest in an application if the conduct that constitutes the alleged contravention is a matter of genuine concern to the body because of the way conduct of that nature adversely affects or has the potential to adversely affect the interests of the body or the interests or welfare of the persons it represents.

125 — What may the Tribunal decide?

125 What may the Tribunal decide? After hearing the evidence and representations that the parties to an application desire to adduce or make, the Tribunal may— (a) find that a person has contravened a provision of Part 4, 6 or 7 and make any one or more of the following orders— (i) an order that the person refrain from committing any further contravention of this Act; (ii) an order that the person pay to the applicant, within a specified period, an amount the Tribunal thinks fit to compensate the applicant for loss, damage or injury suffered in consequence of the contravention; (iii) an order that the person do anything specified in the order with a view to redressing any loss, damage or injury suffered by the applicant as a result of the contravention; or (b) find that a person has contravened a provision of Part 4, 6 or 7 but decline to take any further action; or (c) find that a person has not contravened a provision of Part 4, 6 or 7 and make an order that the application or part of the application be dismissed. Authorised by the Chief Parliamentary Counsel 107 Equal Opportunity Act 2010 No. 16 of 2010 Part 8—Disputes

126 — Commission may apply to enforce order of Tribunal

126 Commission may apply to enforce order of Tribunal (1) This section applies if— (a) the Tribunal has made an order referred to in section 125(a); and (b) a person has failed to comply with the order. (2) If the applicant consents, the Commission may enforce the order on behalf of the applicant in accordance with section 121(1) or 122(1) of the Victorian Civil and Administrative Tribunal Act 1998. Note If the Commission enforces the order in accordance with section 121(1) or 122(1) of the Victorian Civil and Administrative Tribunal Act 1998, the applicant may subsequently enforce that order as an order of the court. See sections 121(3) and 122(3) of the Victorian Civil and Administrative Tribunal Act 1998. Authorised by the Chief Parliamentary Counsel 108 Equal Opportunity Act 2010 No. 16 of 2010 Part 9—Investigations Part 9—Investigations Pt 9 (Heading and ss 127– 147) Division 1—Commission may conduct investigation substituted as Pt 9 (Heading and ss 127– 144) by No. 26/2011 s. 21.

127 — When investigation may be conducted S. 127

127 When investigation may be conducted S. 127 substituted by No. 26/2011 The Commission may conduct an investigation s. 21. into any matter relating to the operation of this Act if— (a) the matter— (i) raises an issue that is serious in nature; and (ii) relates to a class or group of persons; and (iii) cannot reasonably be expected to be resolved by dispute resolution or by making an application to the Tribunal under section 122; and (b) there are reasonable grounds to suspect that one or more contraventions of this Act have occurred; and (c) the investigation would advance the objectives of this Act. Example An organisation has a policy that indirectly discriminates against persons with a particular attribute. The Commission has received several calls complaining about this policy and the policy has received media attention. Although some claims that the policy is discriminatory have been settled on an individual basis, the policy has not been changed. The Commission may decide that, in these circumstances, an investigation could help identify and eliminate a systemic cause of discrimination. Authorised by the Chief Parliamentary Counsel 109 Equal Opportunity Act 2010 No. 16 of 2010 Part 9—Investigations S. 128 128 Matters referred by Tribunal for investigation substituted by No. 26/2011 The Tribunal may refer a matter (other than a s. 21. matter that is the subject of proceedings before the Tribunal) to the Commission for the Commission to consider whether the Commission should conduct an investigation. Division 2—Conduct of investigations S. 129 129 Commission to conduct investigation as it thinks fit substituted by No. 26/2011 (1) Subject to this Part, the Commission may conduct s. 21. an investigation in the manner it thinks fit. (2) In conducting an investigation the Commission is bound by the principles of natural justice, unless otherwise expressly provided in this Part. S. 130 130 Commission may ask for information substituted by No. 26/2011 s. 21. If it is reasonably necessary for the purpose of conducting an investigation, the Commission may ask any party to provide information in relation to an investigation. S. 131 131 Tribunal order compelling production of substituted by No. 26/2011 information or documents s. 21. (1) The Commission may apply to the Tribunal for an order requiring a person to provide information or a document or both to the Commission. (2) The Tribunal may make an order referred to in subsection (1) if it is satisfied that— (a) a person is in possession of information or a document that is relevant to an investigation; and (b) the information or document is necessary for the conduct of the investigation. Authorised by the Chief Parliamentary Counsel 110 Equal Opportunity Act 2010 No. 16 of 2010 Part 9—Investigations (3) In making an order referred to in subsection (1), the Tribunal must have regard to— (a) any evidence of the impact that making the order would be likely to have on the person's business or other activities; and (b) the extent of disruption or inconvenience that is likely to be caused to the person if the order were made. (4) In making an order referred to in subsection (1), the Tribunal is not required to consider whether the Commission may conduct the investigation under section 127. (5) An order referred to in subsection (1) must specify that the person must do either or both of the following within a reasonable period specified in the order, or on a reasonable date and at a reasonable time specified in the order— (a) give the Commission a document containing information required by the order; (b) produce to the Commission the documents specified in the order. (6) The Tribunal may give directions prohibiting the disclosure of the identity of a person or information that would be reasonably likely to identify a person if the Tribunal considers that preservation of the person's anonymity is necessary— (a) to protect the person's security of employment, privacy or any right protected by the Charter of Human Rights and Responsibilities Act 2006; or (b) to protect the person from victimisation. Authorised by the Chief Parliamentary Counsel 111 Equal Opportunity Act 2010 No. 16 of 2010 Part 9—Investigations (7) A document referred to in subsection (5)(a) must be signed by the person or, if the person is a body corporate, an officer of the body corporate. (8) The person against whom an order is sought is a party to the proceeding on an application under subsection (1). S. 132 132 Creation of documents substituted by No. 26/2011 s. 21. An order under section 131 must not require a person to create a document unless— (a) it can be produced by the use of a computer or other equipment that is ordinarily available to the person for retrieving or collating stored information; or (b) it would contain factual information that is ordinarily available to the person and the Tribunal considers that— (i) the document would significantly assist the investigation; and (ii) it would not be unreasonably disruptive or inconvenient for the person to produce the document. S. 133 133 Documents produced to the Commission substituted by No. 26/2011 s. 21. (1) If a document is produced to the Commission in accordance with an order under section 131, the Commission may— (a) take possession of the document; and (b) make copies of the document or take extracts from the document; and (c) retain possession of the document for as long as is necessary for the purposes of the investigation to which the document relates. Authorised by the Chief Parliamentary Counsel 112 Equal Opportunity Act 2010 No. 16 of 2010 Part 9—Investigations (2) The Commission must allow a document retained under this section to be inspected, at all reasonable times, by any person who would be entitled to inspect the document if it were not in the possession of the Commission.

134 — Power to compel attendance S. 134

134 Power to compel attendance S. 134 substituted by No. 26/2011 (1) The Commission may apply to the Tribunal for an s. 21. order that a person attend before the Commission, at a reasonable time and place, to answer questions. (2) The Tribunal may make an order referred to in subsection (1) if it is satisfied that— (a) a person has information that is relevant to an investigation; and (b) the information is necessary for the conduct of the investigation. (3) In making an order referred to in subsection (1), the Tribunal must have regard to— (a) any evidence of the impact that making the order would be likely to have on the person's business or other activities; and (b) the extent of disruption or inconvenience that is likely to be caused to the person if the order were made. (4) In making an order referred to in subsection (1), the Tribunal is not required to consider whether the Commission may conduct the investigation under section 127. (5) The Tribunal may give directions prohibiting the disclosure of the identity of a person, or information that would be reasonably likely to identify a person, ordered to attend before the Commission, if the Tribunal considers that preservation of the person's anonymity is necessary— Authorised by the Chief Parliamentary Counsel 113 Equal Opportunity Act 2010 No. 16 of 2010 Part 9—Investigations (a) to protect the person's security of employment, privacy or any right protected by the Charter of Human Rights and Responsibilities Act 2006; or (b) to protect the person from victimisation. (6) A person who is required by an order referred to in subsection (1) to attend before the Commission— (a) is entitled to be paid a reasonable sum for his or her attendance; and (b) is entitled to have a legal or personal representative present. (7) The person against whom an order is sought is a party to the proceeding on an application under subsection (1). S. 135 135 Disclosure of identity of persons who give substituted by No. 26/2011 information or documents s. 21. (1) This section applies to a person who has given or who will give evidence, information or documents to the Commission as part of an investigation, whether or not the person is compelled to do so under section 131 or 134. (2) The Commission may give directions prohibiting the disclosure of the identity of the person or prohibiting the disclosure of information that would be reasonably likely to identify the person if the Commission considers that preservation of the person's anonymity is necessary— (a) to protect the person's security of employment, privacy or any right protected by the Charter of Human Rights and Responsibilities Act 2006; or (b) to protect the person from victimisation. Authorised by the Chief Parliamentary Counsel 114 Equal Opportunity Act 2010 No. 16 of 2010 Part 9—Investigations (3) A direction under this section must not be inconsistent with any direction of the Tribunal prohibiting the disclosure of the identity of a person, or information that would be reasonably likely to identify a person, given under section 131(6) or 134(5).

136 — Publication of evidence, information or documents S. 136

136 Publication of evidence, information or documents S. 136 substituted by No. 26/2011 (1) The Commission may give directions prohibiting s. 21. or limiting the publication of— (a) any evidence given before the Commission or any information given to the Commission as part of an investigation; or (b) the contents of any document produced to the Commission as part of an investigation. (2) Subsection (1) applies whether or not a person was compelled to give the evidence or produce the information or document under section 131 or 134. (3) In deciding whether or not to give a direction under subsection (1), the Commission must have regard to the need to prevent any of the following as are relevant to the circumstances— (a) prejudice to the relations between the Government and the Commonwealth Government or between the Government and the Government of another State or a Territory; (b) the disclosure of deliberations or decisions of the Cabinet, or of a Committee of the Cabinet; (c) prejudice to the proper functioning of the Government; Authorised by the Chief Parliamentary Counsel 115 Equal Opportunity Act 2010 No. 16 of 2010 Part 9—Investigations (d) the disclosure, or the ascertaining by a person, of the existence or identity of a confidential source of information in relation to the enforcement of the criminal law; (e) the endangering of the life or physical safety of any person; (f) prejudice to the proper enforcement of the law or the protection of public safety; (g) the disclosure of information the disclosure of which is prohibited, absolutely or subject to qualifications, by or under another Act; (h) the unreasonable disclosure of the personal affairs of any person; (i) the unreasonable disclosure of confidential commercial information. S. 137 137 Tribunal may make interim orders to prevent substituted by No. 26/2011 prejudice to investigation s. 21. (1) The Commission may apply to the Tribunal for an interim order to prevent any person from acting in a manner prejudicial to an investigation while the investigation is being conducted. (2) In making an interim order, the Tribunal must have regard to any possible detriment or advantage to the public interest in making the order. (3) An interim order applies for the period, not exceeding 28 days, specified in it and may be extended from time to time by the Tribunal. (4) The person against whom the order is sought is a party to a proceeding on an application under subsection (1). Authorised by the Chief Parliamentary Counsel 116 Equal Opportunity Act 2010 No. 16 of 2010 Part 9—Investigations (5) Nothing in this section affects or takes away from the Tribunal's power under section 123 of the Victorian Civil and Administrative Tribunal Act 1998 to make orders of an interim nature.

138 — Investigation when other proceedings commenced S. 138

138 Investigation when other proceedings commenced S. 138 substituted by No. 26/2011 (1) The Commission may commence or continue to s. 21. conduct an investigation despite the fact that proceedings have commenced in any court or tribunal that relate to or are otherwise connected with the subject matter of the investigation. (2) If the Commission is or becomes aware that proceedings referred to in subsection (1) have commenced, the Commission must take all reasonable steps to ensure that the conduct of the investigation does not prejudice those proceedings. Division 3—Outcomes of investigations

139 — Outcome of an investigation S. 139

139 Outcome of an investigation S. 139 substituted by (1) After conducting an investigation, the No. 26/2011 Commission may take any action it thinks fit. s. 21. (2) Without limiting subsection (1), the Commission may— (a) take no further action; (b) enter into an agreement with a person about action required to comply with this Act; (c) refer a matter to the Tribunal; (d) make a report with respect to the matter to the Attorney-General; (e) make a report with respect to the matter to the Parliament. Authorised by the Chief Parliamentary Counsel 117 Equal Opportunity Act 2010 No. 16 of 2010 Part 9—Investigations S. 140 140 Registration of agreements substituted by No. 26/2011 (1) If— s. 21. (a) the Commission enters into an agreement with a person under section 139(2)(b); and (b) the agreement provides for registration under this section— any party to that agreement may lodge a copy of the signed agreement with the Tribunal for registration. (2) Subject to subsection (3), the Tribunal must register the agreement and give a certified copy of the agreement to each party. (3) If the Tribunal, constituted by a presidential member, considers that it may not be practicable to enforce, or to supervise compliance with, an agreement or part of an agreement the Tribunal— (a) in the case of an agreement, may refuse to register the agreement; or (b) in the case of part of an agreement, may refuse to register the part of the agreement that it considers may not be practicable to enforce, or to supervise compliance with. (4) On registration, the registered agreement or registered part of the agreement must be taken to be an order of the Tribunal in accordance with its terms and may be enforced accordingly. (5) The refusal of the Tribunal to register the agreement or any part of the agreement does not affect the validity of the agreement. S. 141 141 Inquiries by the Tribunal substituted by No. 26/2011 s. 21. (1) If a matter has been referred to the Tribunal under section 139(2)(c), the Tribunal must conduct an inquiry into the matter and, if satisfied that a person has contravened this Act in respect of the Authorised by the Chief Parliamentary Counsel 118 Equal Opportunity Act 2010 No. 16 of 2010 Part 9—Investigations referred matter, may make either or both of the following orders— (a) an order that the person refrain from acting in contravention of this Act; (b) an order that the person do anything specified in the order with a view to eliminating future contravention of this Act or redressing circumstances that have arisen from the contravention. (2) Subject to this Act, the Tribunal may conduct an inquiry into a matter referred to it under section 139(2)(c) in the manner it thinks fit. (3) The Commission may be a party to any proceeding referred to the Tribunal under section 139(2)(c). (4) In addition to any other party, a person who is alleged to have contravened this Act in relation to the subject matter of the inquiry is a party to the inquiry.

142 — Report of an investigation S. 142

142 Report of an investigation S. 142 substituted by No. 26/2011 (1) If the Commission makes a report of an s. 21. investigation to the Attorney-General under section 139(2)(d), the Attorney-General may cause a copy of that report to be laid before each House of Parliament. (2) If the Commission makes a report of an investigation to the Parliament under section 139(2)(e), the Commission must cause a copy of that report to be given to the clerk of each House of Parliament. (3) If a report is received under subsection (2), the clerk must cause the report to be laid before the House on the day on which it is received or on the next sitting day of the House. Authorised by the Chief Parliamentary Counsel 119 Equal Opportunity Act 2010 No. 16 of 2010 Part 9—Investigations (4) The Commission may publish a report on an investigation, whether or not a report has been made to the Attorney-General or Parliament. S. 143 143 Content of reports substituted by No. 26/2011 s. 21. (1) If the Commission believes there are grounds for making adverse findings about a person in the report of an investigation, the Commission must give the person a reasonable opportunity to comment on the subject matter of the investigation and respond to the grounds for making the adverse findings before— (a) providing the report to the Attorney-General or the Parliament; or (b) publishing the report. (2) The Commission may exclude from the report any matter if it considers it desirable to do so, having regard to the factors set out in section 135(2) and 136(3). (3) If the Commission provides the report to the Attorney-General, the Commission must advise the Attorney-General about any matter excluded from the report under subsection (2) and the reasons for its exclusion. S. 144 144 Report on investigation not prohibited disclosure substituted by No. 26/2011 s. 21. Section 176 does not apply to a report published or provided to the Attorney-General or the Parliament under this Division. Authorised by the Chief Parliamentary Counsel 120 Equal Opportunity Act 2010 No. 16 of 2010 Part 10—Practice guidelines, reviews and action plans Part 10—Practice guidelines, reviews and action plans Division 1—Practice guidelines

148 — Commission may issue practice guidelines

148 Commission may issue practice guidelines (1) The Commission may issue practice guidelines on any matter relating to this Act. (2) In preparing practice guidelines, the Commission must consult with persons or bodies that the Commission considers represent the areas or persons to whom the practice guidelines will relate.

149 — Effect of practice guidelines

149 Effect of practice guidelines Practice guidelines— (a) are not legally binding; but (b) a court or the Tribunal may consider evidence of compliance with practice guidelines if relevant to any matter before the court or Tribunal under this Act.

150 — Publication of practice guidelines or withdrawal of

150 Publication of practice guidelines or withdrawal of practice guidelines (1) If the Commission issues practice guidelines, the Commission must publish notice of their issue— (a) in the Government Gazette; and (b) in an appropriate publication. (2) A notice published under subsection (1) must state that the practice guidelines may be inspected on the Commission's Internet site. (3) If the Commission withdraws practice guidelines, the Commission must publish notice of the withdrawal— Authorised by the Chief Parliamentary Counsel 121 Equal Opportunity Act 2010 No. 16 of 2010 Part 10—Practice guidelines, reviews and action plans (a) in the Government Gazette; and (b) in an appropriate publication. (4) The Commission must publish the practice guidelines on its Internet site. (5) For the purposes of this section, appropriate publication includes— (a) a newspaper circulating generally in Victoria; and (b) a publication relevant to a particular profession, trade or sector of the community to which the practice guidelines relate. Division 2—Reviews

151 — Commission may conduct review of compliance

151 Commission may conduct review of compliance S. 151(1) (1) On request of a person, the Commission may enter amended by No. 26/2011 into an agreement with the person to review that s. 22(1). person's programs and practices to determine their compliance with this Act. S. 151(1A) (1A) An agreement to review may provide for payment inserted by No. 26/2011 of the Commission's reasonable costs of s. 22(2). undertaking the review. (2) If, after undertaking a review, the Commission gives the person advice about whether programs or practices are compliant with this Act, the giving of that advice does not give rise to— (a) any liability of, or other claim against, the Commission; or (b) any right, expectation, duty or obligation that would not otherwise be conferred or imposed on the person who has been given the advice; or (c) any defence that would not otherwise be available to that person. Authorised by the Chief Parliamentary Counsel 122 Equal Opportunity Act 2010 No. 16 of 2010 Part 10—Practice guidelines, reviews and action plans Division 3—Action plans

152 — Action plans

152 Action plans (1) A person may prepare an action plan that specifies steps necessary to improve compliance with this Act. (2) The Commission may— (a) provide advice about preparing and implementing action plans; and (b) set minimum requirements for action plans. (3) An action plan is not legally binding, but a court or the Tribunal may consider an action plan if relevant to any matter before the court or Tribunal under this Act.

153 — Register of action plans

153 Register of action plans (1) A person who prepares an action plan may give a copy of the action plan to the Commission. (2) The Commission may include the action plan in a S. 153(2) substituted by Register of Action Plans. No. 26/2011 s. 23. (3) The Commission must make the Register of Action Plans available on the Internet site of the Commission and may publish the Register in any other manner it thinks fit. Authorised by the Chief Parliamentary Counsel 123 Equal Opportunity Act 2010 No. 16 of 2010 Part 11—Victorian Equal Opportunity and Human Rights Commission Part 11—Victorian Equal Opportunity and Human Rights Commission Division 1—The Commission

154 — Continuation of Commission

154 Continuation of Commission (1) There continues to be a Victorian Equal Opportunity and Human Rights Commission. (2) The Commission— (a) is a body corporate with perpetual succession; and (b) must have an official seal; and (c) may sue and be sued in its corporate name; and (d) may acquire, hold and dispose of real and personal property; and (e) may do and suffer all acts and things that a body corporate may, by law, do and suffer. (3) The official seal must be kept as directed by the Commission and must not be used except as authorised by the Commission. (4) All courts must take judicial notice of the seal of the Commission on a document and, until the contrary is proved, must presume that the seal was properly affixed.

155 — Functions and powers of Commission

155 Functions and powers of Commission (1) The Commission has the following functions— (a) to establish and undertake information and education programs; (b) to promote and advance the objectives of this Act and to be an advocate for this Act; Authorised by the Chief Parliamentary Counsel 124 Equal Opportunity Act 2010 No. 16 of 2010 Part 11—Victorian Equal Opportunity and Human Rights Commission (c) any other functions conferred on it by or under this Act or any other Act, including the Charter of Human Rights and Responsibilities. (2) The Commission has all the powers necessary to enable it to perform its functions. (3) The Commission must exercise all its functions and powers in accordance with this Act and compatibly with the Charter of Human Rights and Responsibilities.

156 — Commission's educative functions

156 Commission's educative functions (1) The Commission must undertake programs to disseminate information and educate the public with respect to— (a) the objectives of this Act; and (b) the Charter of Human Rights and Responsibilities; and (c) the objectives of the Racial and Religious Tolerance Act 2001; and (d) any other matters relevant to the provisions of this Act. (2) If the Commission becomes aware of any provision of an Act that discriminates or has the effect of discriminating against any person, the Commission must notify as soon as practicable— (a) the Attorney-General; and (b) the Minister responsible for administering that provision or Act.

157 — Commission's research functions

157 Commission's research functions (1) The Commission may undertake research into any matter arising from, or incidental to, the operation of this Act that it considers would advance the objectives of this Act. Authorised by the Chief Parliamentary Counsel 125 Equal Opportunity Act 2010 No. 16 of 2010 Part 11—Victorian Equal Opportunity and Human Rights Commission S. 157(2) (2) The Commission may collect and analyse amended by information and data relevant to the operation and No. 26/2011 s. 24. the objectives of this Act.

158 — Commission may report on educative or research

158 Commission may report on educative or research functions The Commission may, at any time, submit a report to the Attorney-General on any matter arising from the performance of the Commission's functions under section 156 or 157.

159 — Commission may intervene in proceedings

159 Commission may intervene in proceedings The Commission may, with the leave of the court or a tribunal, intervene in and be joined as a party to proceedings in the court or tribunal that involve issues of equality of opportunity, discrimination, sexual harassment or victimisation.

160 — Commission may assist in proceedings as amicus

160 Commission may assist in proceedings as amicus curiae The Commission may, with the leave of the court or tribunal, assist a court or tribunal, as amicus curiae, in the following proceedings— (a) proceedings in which the Commission considers that the orders sought, or likely to be sought, may significantly affect the right to protection against discrimination of persons who are not parties to the proceedings; (b) proceedings that, in the opinion of the Commission, have significant implications for the administration of this Act; (c) proceedings where the Commission is satisfied that it would be in the public interest for the Commission to assist the court or tribunal as amicus curiae. Authorised by the Chief Parliamentary Counsel 126 Equal Opportunity Act 2010 No. 16 of 2010 Part 11—Victorian Equal Opportunity and Human Rights Commission Division 2—The Board Pt 11 Div. 2 (Heading and ss 161–168) substituted as Pt 11 Div. 2 (Heading and ss 161–169) by No. 26/2011 s. 25.

161 — Constitution of the Board S. 161

161 Constitution of the Board S. 161 substituted by No. 26/2011 (1) There is established a Board of the Commission. s. 25. (2) The Board consists of not more than 7 members appointed by the Governor in Council on the recommendation of the Minister.

162 — Functions of the Board S. 162

162 Functions of the Board S. 162 substituted by No. 26/2011 (1) The Board is responsible for— s. 25. (a) determining the Commission's strategic direction and the general nature of activities to be undertaken by the Commission in performing its functions; and (b) setting policies, priorities and strategies for the Commission in performing its functions; and (c) ensuring that the Commission performs the functions and duties conferred on the Commission by or under this Act or any other Act; and (d) deciding whether the Commission should conduct an investigation under section 127. (2) The Board has any other functions conferred on it by or under this or any other Act. (3) The Board has all the powers necessary to enable it to perform its functions. Authorised by the Chief Parliamentary Counsel 127 Equal Opportunity Act 2010 No. 16 of 2010 Part 11—Victorian Equal Opportunity and Human Rights Commission S. 163 163 Terms of appointment of members substituted by No. 26/2011 (1) A member of the Board holds office for the s. 25. period, not exceeding 5 years, specified in his or her instrument of appointment. (2) A member of the Board is to be appointed on a part-time basis. (3) A member of the Board is eligible for reappointment. (4) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Board in respect of the appointment. S. 164 164 Resignation and removal substituted by No. 26/2011 s. 25. (1) A member of the Board ceases to hold office if the member— (a) has been convicted in Victoria or elsewhere of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or (b) becomes an insolvent under administration; or (c) resigns by writing delivered to the Governor in Council; or (d) is removed from office by the Governor in Council under subsection (2). (2) The Governor in Council may remove a member from office on the ground that— (a) the member is absent, without leave having been granted by the Board, from 3 consecutive meetings of which reasonable notice has been given to the member, either personally or by post, fax, email or other electronic communication; or Authorised by the Chief Parliamentary Counsel 128 Equal Opportunity Act 2010 No. 16 of 2010 Part 11—Victorian Equal Opportunity and Human Rights Commission (b) the member is incapable of carrying out the duties or functions of office; or (c) the member has engaged in misconduct in carrying out the member's duties or functions of office; or (d) the member has personally engaged in conduct that a court or tribunal has found to be in contravention of an equal opportunity or anti-discrimination law of an Australian jurisdiction and, if the member had engaged in the conduct in carrying out the member's duties or functions of office, the conduct would have amounted to misconduct in carrying out those duties or functions.

165 — Chairperson S. 165

165 Chairperson S. 165 substituted by No. 26/2011 (1) The Governor in Council, on the recommendation s. 25. of the Minister, must appoint one of the members of the Board to be the chairperson of the Board. (2) A person appointed as chairperson of the Board holds that office for the period, not exceeding 5 years, specified in his or her instrument of appointment. (3) A person appointed as chairperson is eligible for reappointment. (4) A person appointed as chairperson of the Board may resign that office by writing delivered to the Governor in Council. (5) A person appointed as chairperson of the Board ceases to hold that office on ceasing to be a member of the Board.

166 — Acting appointments S. 166

166 Acting appointments S. 166 substituted by No. 26/2011 (1) The Governor in Council, on the recommendation s. 25. of the Minister, may appoint a member of the Board to act as chairperson of the Board if the chairperson— Authorised by the Chief Parliamentary Counsel 129 Equal Opportunity Act 2010 No. 16 of 2010 Part 11—Victorian Equal Opportunity and Human Rights Commission (a) ceases to hold office before his or her term of appointment expires; or (b) is unable to perform the duties or functions of the office. (2) The Governor in Council, on the recommendation of the Minister, may appoint a person to act as a member of the Board if a member— (a) ceases to hold office before his or her term of appointment expires; or (b) is unable to perform the duties or functions of the office. (3) An acting chairperson holds office— (a) if appointed to act under subsection (1)(a), for the rest of the term of appointment of the chairperson; or (b) if appointed to act under subsection (1)(b), for the period that the chairperson is unable to perform the duties or functions of the office. (4) An acting member holds office— (a) if appointed to act under subsection (2)(a), for the rest of the term of appointment of the member whose place he or she fills; or (b) if appointed to act under subsection (2)(b), for the period that the member is unable to perform the duties or functions of the office. (5) The Governor in Council— (a) subject to this Act, may determine the terms of appointment of an acting chairperson or acting member; (b) may at any time terminate the appointment. Authorised by the Chief Parliamentary Counsel 130 Equal Opportunity Act 2010 No. 16 of 2010 Part 11—Victorian Equal Opportunity and Human Rights Commission (6) While the appointment of an acting chairperson or acting member remains in force, the acting chairperson or acting member has and may exercise all the powers and perform all the duties and functions of the chairperson or member.

167 — Payment of members S. 167

167 Payment of members S. 167 substituted by No. 26/2011 (1) A member of the Board, other than a member who s. 25. is an employee of the public service, is entitled to receive the fees that are fixed from time to time by the Governor in Council for that member. (2) Each member of the Board is entitled to receive the allowances that are fixed from time to time by the Governor in Council.

168 — Procedure of Board S. 168

168 Procedure of Board S. 168 substituted by No. 26/2011 (1) The chairperson of the Board must preside at a s. 25. meeting of the Board at which the chairperson is present. (2) If the chairperson of the Board is not present, the members present may elect a member to preside. (3) The person presiding has a deliberative vote and a second or casting vote. (4) A majority of the members of the Board currently holding office constitutes a quorum. (5) Subject to this Act, the Board may regulate its own proceedings.

169 — Effect of vacancy or defect S. 169

169 Effect of vacancy or defect S. 169 substituted by No. 26/2011 An act or decision of the Board is not invalid only s. 25. because— (a) of a vacancy in its membership; or (b) of a defect or irregularity in the appointment of any member or the appointment of a member as chairperson; or Authorised by the Chief Parliamentary Counsel 131 Equal Opportunity Act 2010 No. 16 of 2010 Part 11—Victorian Equal Opportunity and Human Rights Commission (c) in the case of a person appointed to act as the chairperson or as a member, the occasion for his or her acting had not arisen or had ceased. Pt 11 Div. 3 (Heading and Division 3—The Commissioner ss 169–173) substituted as Pt 11 Div. 3 (Heading and ss 170–172) by No. 26/2011 s. 25. S. 170 170 Appointment and role of Commissioner substituted by No. 26/2011 s. 25. (1) There is to be a Commissioner of the Victorian Equal Opportunity and Human Rights Commission appointed by the Board with the approval of the Minister. (2) The Commissioner— (a) is responsible to the Board for control of the day-to-day administration of the affairs of the Commission in accordance with the policies, priorities and strategies determined by the Board; and (b) has any other functions, powers and duties delegated to the Commissioner by the Commission or the Board. S. 171 171 Payment of Commissioner substituted by No. 26/2011 s. 25. The Commissioner is entitled to receive the remuneration and allowances that are fixed from time to time by the Board. Authorised by the Chief Parliamentary Counsel 132 Equal Opportunity Act 2010 No. 16 of 2010 Part 11—Victorian Equal Opportunity and Human Rights Commission

172 — Acting Commissioner S. 172

172 Acting Commissioner S. 172 substituted by (1) The Board may, with the approval of the Minister, No. 26/2011 appoint a person to act as Commissioner if the s. 25. Commissioner— (a) ceases to hold office before his or her term of appointment expires; or (b) is unable to perform the duties or functions of the office. (2) An acting Commissioner holds office— (a) if appointed to act under subsection (1)(a), for the rest of the term of appointment of the Commissioner; or (b) if appointed to act under subsection (1)(b), for the period that the Commissioner is unable to perform the duties or functions of the office. (3) The Board— (a) subject to this Act, may determine the terms of appointment of an acting Commissioner; (b) may at any time terminate the appointment. (4) While the appointment of an acting Commissioner remains in force, the acting Commissioner has and may exercise all the powers and perform all the duties and functions of the Commissioner. Division 4—General provisions

174 — Staff of Commission

174 Staff of Commission Any staff that are necessary for the purpose of administering the following Acts are to be employed under Part 3 of the Public Administration Act 2004— (a) this Act; Authorised by the Chief Parliamentary Counsel 133 Equal Opportunity Act 2010 No. 16 of 2010 Part 11—Victorian Equal Opportunity and Human Rights Commission (b) the Charter of Human Rights and Responsibilities; (c) the Racial and Religious Tolerance Act 2001. Note Under an Order made by the Governor in Council under section 16 of the Public Administration Act 2004, the Commissioner has all the functions of a public service body Head in relation to employees of the Commission.

175 — Delegation

175 Delegation (1) The Commission, by instrument, may delegate to the Commissioner or a member of staff of the Commission any of the Commission's powers, functions or duties under this Act other than this power of delegation. S. 175(2) (2) The Board, by instrument, may delegate any of amended by No. 26/2011 the Board's powers, functions or duties under this s. 26(1)(a). Act, other than this power of delegation and the Board's functions under section 162(1)(d)— S. 175(2)(a) (a) to a member of the Board; or amended by No. 26/2011 s. 26(1)(b). (b) to the members of a subcommittee of the Board; or Note A public entity may form subcommittees under section 83 of the Public Administration Act 2004. (c) to the Commissioner. S. 175(3) (3) The Board, by instrument, may delegate any of amended by No. 26/2011 the Board's powers, functions or duties under s. 26(1)(a). section 162(1)(d)— S. 175(3)(a) (a) to a member of the Board; or amended by No. 26/2011 s. 26(1)(b). Authorised by the Chief Parliamentary Counsel 134 Equal Opportunity Act 2010 No. 16 of 2010 Part 11—Victorian Equal Opportunity and Human Rights Commission (b) to the members of a subcommittee of the Board. (4) The Commissioner, by instrument, may delegate S. 175(4) amended by to a member of staff of the Commission any of the No. 26/2011 Commissioner's powers, functions or duties under s. 26(2). this Act (including any of the powers, functions or duties delegated to the Commissioner under subsection (1) or (2)) other than this power of delegation.

176 — Secrecy

176 Secrecy (1) This section applies to every person who is or has been— (a) an appointed member of the Board; or (b) the Commissioner; or (c) a member of the staff of the Commission; or (d) a person (other than a person referred to in paragraph (c)) acting under the authority of the Commission, the Board or the Commissioner; or (e) a person to whom section 15 of the Equal Opportunity Act 1984 applied immediately before its repeal; or (f) a member of the Commission before

1 — October 2009

1 October 2009. (2) This section applies to information concerning the affairs of any person that is or has been obtained by a person to whom this section applies— (a) in the course of performing functions or duties or exercising powers under this Act or an old Act; or (b) as a result of another person performing functions or duties or exercising powers under this Act or the old Act. Authorised by the Chief Parliamentary Counsel 135 Equal Opportunity Act 2010 No. 16 of 2010 Part 11—Victorian Equal Opportunity and Human Rights Commission (3) A person to whom this section applies must not, either directly or indirectly, make a record of, disclose or communicate to any person any information to which this section applies unless it is necessary to do so for the purposes of, or in connection with, the performance of a function or duty or the exercise of a power under this Act or an old Act. Penalty: 60 penalty units, in the case of a natural person; 300 penalty units, in the case of a body corporate. (4) A person to whom this section applies must not be required— (a) to produce in a court any document containing information to which this section applies; or (b) to disclose or communicate to any court any information to which this section applies— unless it is necessary to do so for the purposes of, or for a prosecution under or arising out of, this Act or an old Act. (5) In this section— court includes a tribunal, authority or person having power to require the production of documents or the answering of questions; old Act means either of the following as in force immediately before its repeal— (a) the Equal Opportunity Act 1984; (b) the Equal Opportunity Act 1995; produce includes permit access to. Authorised by the Chief Parliamentary Counsel 136 Equal Opportunity Act 2010 No. 16 of 2010 Part 11—Victorian Equal Opportunity and Human Rights Commission

176A — Exceptions—court-ordered disclosure in criminal S. 176A

176A Exceptions—court-ordered disclosure in criminal S. 176A proceedings or disclosure with consent inserted by No. 26/2011 (1) Nothing in section 176(3) or (4) prevents a person s. 27. to whom section 176 applies disclosing or communicating information or producing in a court any document containing information to which that section applies if the disclosure, communication or production is required by an order of a court for the purposes of a criminal proceeding. (2) Nothing in section 176(3) or (4) prevents a person to whom section 176 applies disclosing or communicating information or producing in a court any document containing information to which that section applies if the person to whose affairs the information relates consents to the disclosure, communication or production. (3) A person to whom section 176 applies does not commit an offence against section 176(3) if he or she discloses or communicates or produces information in the circumstances set out in subsection (1) or (2). (4) In subsection (2), court has the same meaning as in section 176(5).

176B — Other exceptions S. 176B

176B Other exceptions S. 176B inserted by No. 20/2022 (1) Nothing in section 176(3) or (4) prevents a person s. 8. to whom section 176 applies disclosing or communicating information or producing in a court any document containing information to which that section applies if the disclosure, communication or production— (a) is necessary to prevent a credible and imminent threat of harm to one or more persons; or (b) is necessary to comply with a mandatory reporting obligation; or Authorised by the Chief Parliamentary Counsel 137 Equal Opportunity Act 2010 No. 16 of 2010 Part 11—Victorian Equal Opportunity and Human Rights Commission (c) is necessary for the determination by VCAT of an application for review made under section 50(1) of the Freedom of Information Act 1982 regarding a decision made in response to a request under that Act for a document or information in a document held by the Commission. (2) A person to whom section 176 applies does not commit an offence against section 176(3) or (4) if the person discloses, communicates or produces information in the circumstances set out in subsection (1)(a), (b) or (c).

177 — Disclosure of information relating to disputes,

177 Disclosure of information relating to disputes, complaints and investigations (1) To avoid doubt, a person to whom section 176 applies may disclose information relating to disputes, complaints or investigations to which that section applies if the disclosure is— (a) made for the purpose of the Commission's educative functions; and S. 177(1)(b) (b) consistent with the Commission's obligations amended by No. 60/2014 under this Act or any other Act, including the s. 140(Sch. 3 Charter of Human Rights and item 16). Responsibilities and the Privacy and Data Protection Act 2014. (2) Without limiting subsection (1)(b), information may be disclosed if— (a) the information does not identify any person; or (b) the information is already in the public domain; or (c) all relevant parties have consented to the disclosure of the information. Authorised by the Chief Parliamentary Counsel 138 Equal Opportunity Act 2010 No. 16 of 2010 Part 11—Victorian Equal Opportunity and Human Rights Commission (3) In this section— complaint means a complaint within the meaning of either of the following as in force immediately before its repeal— (a) the Equal Opportunity Act 1984; (b) the Equal Opportunity Act 1995; investigation includes an investigation conducted under the Equal Opportunity Act 1995, as in force immediately before its repeal.

178 — Protection from liability

178 Protection from liability (1) This section applies to a person who is or has been— (a) the Commissioner; or (b) a member of the staff of the Commission; or (c) another person (other than a person referred to in paragraph (b)) acting under the authority of the Commission, the Board or the Commissioner; or (d) the Chief Conciliator within the meaning of the Equal Opportunity Act 1995 as in force immediately before 1 October 2009; or (e) a member of the Commission before

1 — October 2009

1 October 2009. (2) A person to whom this section applies is not personally liable for anything done or omitted to be done in good faith— (a) in the performance of a function or duty or the exercise of a power under this Act; or (b) in the reasonable belief that the act or omission was in the performance of a function or duty or the exercise of a power under this Act; or Authorised by the Chief Parliamentary Counsel 139 Equal Opportunity Act 2010 No. 16 of 2010 Part 11—Victorian Equal Opportunity and Human Rights Commission (c) in the provision of information or advice in relation to this or any other Act or any Commonwealth Act or any Act of another State or of a Territory. (3) Any liability resulting from an act or omission that, but for subsection (2), would attach to a person to whom this section applies attaches instead to the Commission.

179 — Annual reports

179 Annual reports In its report of operations for a financial year under Part 7 of the Financial Management Act 1994, the Commission— (a) must include information on education programs and the review of Acts undertaken under section 156 and research undertaken under section 157 during that financial year; (b) may include any recommendations the Commission considers appropriate for the elimination or modification of discriminatory provisions of Acts. Authorised by the Chief Parliamentary Counsel 140 Equal Opportunity Act 2010 No. 16 of 2010 Part 12—Offences Part 12—Offences Division 1—Proceedings for offences

180 — Who may bring proceedings for an offence?

180 Who may bring proceedings for an offence? (1) Proceedings for an offence under this Act or the regulations may be brought by— (a) the Commission; or (b) a police officer within the meaning of the S. 180(1)(b) substituted by Victoria Police Act 2013; or No. 37/2014 s. 10(Sch. item 57). (c) a person who is authorised to do so, either generally or in a particular case, by the Commission. (2) In a proceeding for an offence against this Act it must be presumed, in the absence of evidence to the contrary, that the person bringing the proceeding was authorised to bring it.

181 — Offences are to be dealt with summarily

181 Offences are to be dealt with summarily An offence against this Act is to be prosecuted summarily. Division 2—Discriminatory advertising

182 — Offence of discriminatory advertising

182 Offence of discriminatory advertising A person must not— (a) publish or display; or (b) authorise the publication or display of— an advertisement or other notice that indicates, or could be reasonably understood as indicating, that any person intends to engage in any conduct that would contravene a provision of Part 4, 6 or 7. Authorised by the Chief Parliamentary Counsel 141 Equal Opportunity Act 2010 No. 16 of 2010 Part 12—Offences Penalty: 60 penalty units, in the case of a natural person; 300 penalty units, in the case of a body corporate.

183 — Defence

183 Defence It is a defence to a charge under section 182 if the accused proves that the accused took reasonable precautions and exercised due diligence to prevent the publication or display.

184 — Proceedings for the offence of discriminatory

184 Proceedings for the offence of discriminatory advertising (1) For the purpose of proceedings under section 182, the Commission may, by written notice, require any person to produce any documents specified in the notice to the Commission. (2) A person must not refuse, without reasonable excuse, to produce a document referred to in subsection (1) to the Commission. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. Division 3—Other offences

185 — Obstructing Commission

185 Obstructing Commission S. 185(1) (1) A person must not hinder or obstruct a relevant amended by No. 3/2021 person who is performing a function under this s. 62. Act or the Change or Suppression (Conversion) Practices Prohibition Act 2021. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. Authorised by the Chief Parliamentary Counsel 142 Equal Opportunity Act 2010 No. 16 of 2010 Part 12—Offences (2) In this section— performing a function includes exercising a power; relevant person means— (a) a member of the Board; (b) the Commissioner; (c) a member of staff of the Commission.

186 — False or misleading information S. 186

186 False or misleading information S. 186 amended by No. 3/2021 A person must not give any information or make s. 63. any statement to the Commission, the Commissioner or a person acting on behalf of the Commission or the Commissioner in the exercise of powers or the performance of functions under this Act or the Change or Suppression (Conversion) Practices Prohibition Act 2021 if the person knows that the information or statement is false or misleading in any material particular. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. Authorised by the Chief Parliamentary Counsel 143 Equal Opportunity Act 2010 No. 16 of 2010 Part 13—General Part 13—General

187 — Proceedings against unincorporated associations

187 Proceedings against unincorporated associations (1) A dispute or other proceeding under this Act against an unincorporated association may be instituted and carried on against the association in the name of its president, secretary or other similar officer. (2) The death, resignation or removal of the person against whom the proceeding was instituted does not affect the continuity of the proceeding and it may be continued against the association in the name of that person's replacement.

188 — Contravention does not create civil or criminal

188 Contravention does not create civil or criminal liability A contravention of this Act does not create any civil or criminal liability except to the extent expressly provided by this Act. S. 188A 188A Protection against self-incrimination inserted by No. 26/2011 s. 28. A natural person may refuse to give information, answer a question or produce a document under this Act if the giving of the information, the answering of the question or the production of the document would tend to incriminate the person.

189 — Protection of people giving evidence and

189 Protection of people giving evidence and information If— S. 189(a) (a) a person has brought a dispute to the amended by No. 26/2011 Commission for dispute resolution; or s. 34(Sch. item 7.1). Authorised by the Chief Parliamentary Counsel 144 Equal Opportunity Act 2010 No. 16 of 2010 Part 13—General (b) a document or any information or evidence S. 189(b) has been produced or given to the amended by No. 26/2011 Commission under this Act— s. 34(Sch. item 7.2). a person is not personally liable for any loss, damage or injury suffered by another person by reason only of the bringing of the dispute or the production or giving of the document, information or evidence.

190 — Regulations

190 Regulations The Governor in Council may make regulations for or with respect to— (a) prescribing matters in connection with the S. 190(a) amended by exercise of powers by the Commission; No. 26/2011 s. 34(Sch. item 7.3). (b) prescribing forms for the purposes of this Act; (c) prescribing penalties, not exceeding 2 penalty units, for contraventions of the regulations; (d) generally prescribing any matters or things required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. Authorised by the Chief Parliamentary Counsel 145 Equal Opportunity Act 2010 No. 16 of 2010 Part 14—Repeal of Equal Opportunity Act 1995 and transitional provisions Part 14—Repeal of Equal Opportunity Act 1995 and transitional provisions Division 1—Repeal of Equal Opportunity Act 1995

191 — Repeal of Equal Opportunity Act 1995

191 Repeal of Equal Opportunity Act 1995 The Equal Opportunity Act 1995 is repealed. Division 2—Transitional provisions

192 — Definitions

192 Definitions In this Division— commencement day means the day that Division 1 of Part 14 comes into operation; complainant means a person who lodges a complaint or on whose behalf a complaint is lodged; complaint means a complaint lodged under Part 7 of the old Act; old Act means the Equal Opportunity Act 1995, as in force immediately before the commencement day.

193 — Complaints lodged before commencement day

193 Complaints lodged before commencement day (1) This section applies to a complaint that was lodged with the Commissioner, but not finally dealt with before the commencement day. (2) The old Act continues to apply to the complaint if the respondent was notified of the complaint under section 107 of the old Act before the commencement day, unless the parties to the complaint consent in writing to the complaint being dealt with as a dispute. (3) If the parties to a complaint consent to the complaint being dealt with as a dispute— (a) the complaint is taken to be a dispute; and Authorised by the Chief Parliamentary Counsel 146 Equal Opportunity Act 2010 No. 16 of 2010 Part 14—Repeal of Equal Opportunity Act 1995 and transitional provisions (b) the complainant is taken to have brought a S. 193(3)(b) dispute to the Commission for dispute amended by No. 26/2011 resolution under section 113 or 114, s. 34(Sch. whichever is applicable; and item 8.1). (c) anything done under the old Act in relation to the complaint is taken, to the extent it could have been done under this Act, to have been done under this Act. (4) If the respondent had not been notified of the complaint under section 107 of the old Act before the commencement day— (a) the complaint is taken to be a dispute; and (b) the complainant is taken to have brought a S. 193(4)(b) amended by dispute to the Commission for dispute No. 26/2011 resolution under section 113 or 114, s. 34(Sch. item 8.1). whichever is applicable. (5) If a complaint is taken to be a dispute because of subsection (3) or (4), Part 8 applies to the complaint as if a reference in that Part— (a) to a provision of Part 4, 6 or 7 were a reference to a provision of Part 3, 5 or 6 of the old Act; and (b) a reference to an alleged contravention were a reference to an alleged contravention of a provision of Part 3, 5 or 6 of the old Act. (6) Subsections (3) and (4) apply whether or not the contravention alleged in the complaint would have contravened a provision of Part 4, 6 or 7 of this Act, if this Act had been in force when the alleged contravention occurred. Authorised by the Chief Parliamentary Counsel 147 Equal Opportunity Act 2010 No. 16 of 2010 Part 14—Repeal of Equal Opportunity Act 1995 and transitional provisions

194 — Alleged contraventions that occurred prior to

194 Alleged contraventions that occurred prior to commencement day S. 194(1) (1) A person may bring to the Commission for amended by No. 26/2011 dispute resolution a dispute about an alleged s. 34(Sch. contravention of a provision of Part 3, 5 or 6 of item 8.2). the old Act that occurred before the commencement day if— (a) the person did not lodge a complaint under section 105 of the old Act about the alleged contravention before the commencement day; and (b) the alleged contravention, if proven, would have also been a contravention of a provision of Part 4, 6 or 7 of this Act, if this Act had been in force when the alleged contravention occurred. (2) A person may make an application to the Tribunal under Division 2 of Part 8 about an alleged contravention of a provision of Part 3, 5 or 6 of the old Act that occurred before the commencement day if— (a) the person did not lodge a complaint under section 105 of the old Act about the alleged contravention before the commencement day; and (b) the alleged contravention, if proven, would have also been a contravention of a provision of Part 4, 6 or 7 of this Act, if this Act had been in force when the alleged contravention occurred. Authorised by the Chief Parliamentary Counsel 148 Equal Opportunity Act 2010 No. 16 of 2010 Part 14—Repeal of Equal Opportunity Act 1995 and transitional provisions

195 — Exemptions under the old Act by the Tribunal

195 Exemptions under the old Act by the Tribunal (1) An exemption that was granted by the Tribunal under section 83 of the old Act and that was in force immediately before the commencement day— (a) continues in force, in accordance with its terms, for the remainder of the period specified in the notice published under section 83(1) of the old Act unless it is sooner revoked; and (b) may be revoked or renewed in accordance with this Act as if it were an exemption granted under section 89. (2) If a person had applied to the Tribunal for the grant, renewal or revocation of an exemption under section 83 of the old Act and, immediately before the commencement day, that application had not been determined— (a) the old Act continues to apply to the determination; and (b) the exemption may be granted, renewed or revoked in accordance with section 83 of the old Act. (3) An exemption granted or renewed under subsection (2)(b) may be revoked or renewed in accordance with this Act as if it were an exemption granted under section 89.

195A — Continuation of the Board of the Commission S. 195A

195A Continuation of the Board of the Commission S. 195A inserted by No. 26/2011 The Board of the Commission continues to be the s. 29. same body despite the change in its membership. Authorised by the Chief Parliamentary Counsel 149 Equal Opportunity Act 2010 No. 16 of 2010 Part 14—Repeal of Equal Opportunity Act 1995 and transitional provisions S. 195B 195B Interim chairperson inserted by No. 26/2011 Despite section 168, if on the commencement day, s. 29. a chairperson or acting chairperson has not been appointed, the members of the Board may elect a member to preside at meetings until a chairperson or acting chairperson is appointed. S. 195C 195C Commissioner inserted by No. 26/2011 s. 29. (1) The person who, immediately before the commencement day, held office as the Commissioner is taken, on and from the commencement day to be the Commissioner for the remainder of his or her term of appointment, subject to the same terms and conditions of appointment, as if he or she had been appointed under section 170. (2) Section 172 of the old Act continues to apply to the Commissioner, despite the repeal of the old Act. (3) On the commencement day, the person who, immediately before the commencement day, held office as the Commissioner ceases to be a member of the Board.

196 — Tribunal may make orders of a transitional nature

196 Tribunal may make orders of a transitional nature (1) If any difficulty arises in a proceeding because of the operation of this Part, the Tribunal may make any order it considers appropriate to resolve the difficulty. (2) The Tribunal may make such an order on the application of any party to the proceeding or on its own initiative. Authorised by the Chief Parliamentary Counsel 150 Equal Opportunity Act 2010 No. 16 of 2010 Part 14—Repeal of Equal Opportunity Act 1995 and transitional provisions Division 3—Transitional provisions relating to the Pt 14 Div. 3 (Heading and Change or Suppression (Conversion) Practices ss 197, 198) inserted by Prohibition Act 2021 No. 3/2021 s. 61.

197 — Definitions S. 197

197 Definitions S. 197 inserted by No. 3/2021 In this Division— s. 61. commencement day means the day on which Part 5 of the Change or Suppression (Conversion) Practices Prohibition Act 2021 comes into operation; old Act means the Equal Opportunity Act 2010, as in force immediately before the commencement day.

198 — Conduct, disputes and investigations before S. 198

198 Conduct, disputes and investigations before S. 198 inserted by commencement day No. 3/2021 s. 61. (1) This section applies to— (a) conduct engaged in before the commencement day; and (b) a dispute brought to the Commission before the commencement day that had not ended before the commencement day; and (c) an investigation of the Commission that had not been finally determined before the commencement day. (2) The old Act continues to apply in relation to the conduct, dispute or investigation, as the case requires, as if the amendments made by Part 5 of the Change or Suppression (Conversion) Practices Prohibition Act 2021 had not been made. Authorised by the Chief Parliamentary Counsel 151 Equal Opportunity Act 2010 No. 16 of 2010 Pt 15 * * * * * (Heading and ss 197–210) amended by No. 26/2011 ss 30, 31, 34(Sch. item 9), repealed by No. 16/2010 s. 210. Pt 16 * * * * * (Heading and ss 211–214) repealed by No. 26/2011 s. 32. Pt 17 * * * * * (Heading and ss 215, 216) repealed by No. 26/2011 s. 33. Sch. * * * * * amended by Nos 26/2011 s. 34(Sch. item 10), 29/2011 s. 3(Sch. 1 item 34), repealed by No. 16/2010 s. 210. ═══════════════ Authorised by the Chief Parliamentary Counsel 152 Equal Opportunity Act 2010 No. 16 of 2010 Endnotes Endnotes

1 — General information

1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. Minister's second reading speech— Legislative Assembly: 10 March 2010 Legislative Council: 25 March 2010 The long title for the Bill for this Act was "A Bill for an Act to re-enact and extend the law relating to equal opportunity and protection against discrimination, sexual harassment and victimisation, to repeal the Equal Opportunity Act 1995, to make consequential amendments to other Acts and for other purposes." The Equal Opportunity Act 2010 was assented to on 27 April 2010 and came into operation as follows: Sections 1, 2 and 211–214 on 28 April 2010: section 2(1); sections 3–144, 148–172, 174–210 and Schedule on 1 August 2011: section 2(4). Sections 145–147 never proclaimed, repealed by No. 26/2011 section 21. Section 173 never proclaimed, repealed by No. 26/2011 section 25. Sections 215, 216 never proclaimed, repealed by No. 26/2011 section 33. INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in

Schedule 1 to that Act. — to that Act

Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: Authorised by the Chief Parliamentary Counsel 153 Equal Opportunity Act 2010 No. 16 of 2010 Endnotes • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). Authorised by the Chief Parliamentary Counsel 154 Equal Opportunity Act 2010 No. 16 of 2010 Endnotes 2 Table of Amendments This publication incorporates amendments made to the Equal Opportunity Act 2010 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Equal Opportunity Act 2010, No. 16/2010 Assent Date: 27.4.10 Commencement Date: S. 210 on 1.8.12: s. 210 Current State: This information relates only to the provision/s amending the Equal Opportunity Act 2010 Equal Opportunity Amendment Act 2011, No. 26/2011 (as amended by No. 81/2011) Assent Date: 21.6.11 Commencement Date: Ss 4–34, Sch. on 22.6.11: s. 2(1) Current State: This information relates only to the provision/s amending the Equal Opportunity Act 2010 Statute Law Revision Act 2011, No. 29/2011 Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 34) on 22.6.11: s. 2(1) Current State: This information relates only to the provision/s amending the Equal Opportunity Act 2010 Criminal Procedure Amendment (Double Jeopardy and Other Matters) Act 2011, No. 81/2011 Assent Date: 21.12.11 Commencement Date: S. 22(6) on 27.4.10: s. 2(3) Current State: This information relates only to the provision/s amending the Equal Opportunity Act 2010 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 57) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Equal Opportunity Act 2010 Privacy and Data Protection Act 2014, No. 60/2014 Assent Date: 2.9.14 Commencement Date: S. 140(Sch. 3 item 16) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 Current State: This information relates only to the provision/s amending the Equal Opportunity Act 2010 Authorised by the Chief Parliamentary Counsel 155 Equal Opportunity Act 2010 No. 16 of 2010 Endnotes Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014, No. 81/2014 Assent Date: 21.10.14 Commencement Date: Ss 6, 7 on 1.9.15: s. 2(2) Current State: This information relates only to the provision/s amending the Equal Opportunity Act 2010 Change or Suppression (Conversion) Practices Prohibition Act 2021, No. 3/2021 Assent Date: 16.2.21 Commencement Date: Ss 59–61 on 26.10.21: Special Gazette (No. 580) 19.10.21 p. 1; ss 62, 63 on 17.2.22: s. 2(2) Current State: This information relates only to the provision/s amending the Equal Opportunity Act 2010 Spent Convictions Act 2021, No. 13/2021 Assent Date: 30.3.21 Commencement Date: Ss 27, 28 on 1.12.21: s. 2(2) Current State: This information relates only to the provision/s amending the Equal Opportunity Act 2010 Industrial Relations Legislation Amendment Act 2021, No. 14/2021 Assent Date: 11.5.21 Commencement Date: Ss 25, 26 on 1.7.21: s. 2(1) Current State: This information relates only to the provision/s amending the Equal Opportunity Act 2010 Equal Opportunity (Religious Exceptions) Amendment Act 2021, No. 56/2021 Assent Date: 14.12.21 Commencement Date: Ss 3–9 on 14.6.22: s. 2(2) Current State: This information relates only to the provision/s amending the Equal Opportunity Act 2010 Sex Work Decriminalisation Act 2022, No. 7/2022 Assent Date: 1.3.22 Commencement Date: Ss 34–36 on 10.5.22: s. 2(2) Current State: This information relates only to the provision/s amending the Equal Opportunity Act 2010 Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022 Assent Date: 29.3.22 Commencement Date: S. 73 on 30.3.22: s. 2(3) Current State: This information relates only to the provision/s amending the Equal Opportunity Act 2010 Justice Legislation Amendment Act 2022, No. 20/2022 Assent Date: 31.5.22 Commencement Date: S. 8 on 1.6.22: s. 2(1); s. 7 on 19.7.22: Special Gazette (No. 365) 19.7.22 p. 1 Current State: This information relates only to the provision/s amending the Equal Opportunity Act 2010 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Authorised by the Chief Parliamentary Counsel 156 Equal Opportunity Act 2010 No. 16 of 2010 Endnotes 3 Explanatory details No entries at date of publication. Authorised by the Chief Parliamentary Counsel 157

Equal Opportunity Act 2010

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