An Act relating to discrimination on the ground of disability
Part 1—Preliminary
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Short title [see Note 1]
                  This Act may be cited as the Disability
Discrimination Act 1992.
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Commencement [see Note 1]
            (1) Sections 1 and 2 commence on the day
on which this Act receives the Royal Assent.
            (2) Subject to subsection (3), the
remaining provisions of this Act commence on a day or days to be fixed by
Proclamation.
            (3) If a provision of this Act does not
commence under subsection (2) within the period of 12 months beginning on
the day on which this Act receives the Royal Assent, it commences on the first
day after the end of that period.
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Objects
                  The objects of this Act are:
                    (a) to eliminate, as far as possible,
discrimination against persons on the ground of disability in the areas of:
                             (i) work, accommodation,
education, access to premises, clubs and sport; and
                            (ii) the provision of
goods, facilities, services and land; and
                           (iii) existing laws; and
                           (iv) the administration of
Commonwealth laws and programs; and
                    (b) to ensure, as far as practicable,
that persons with disabilities have the same rights to equality before the law
as the rest of the community; and
                    (c) to promote recognition and
acceptance within the community of the principle that persons with disabilities
have the same fundamental rights as the rest of the community.
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Interpretation
            (1) In this Act, unless the contrary
intention appears:
accommodation includes residential or
business accommodation.
administrative office means:
                    (a) an office established by, or an
appointment made under, a law of the Commonwealth; and
                    (b) an office established by, or an
appointment made under, a law of a Territory; and
                    (c) an appointment made by the
Governor‑General or a Minister otherwise than under a law of the
Commonwealth or of a Territory; and
                    (d) an appointment as a director of an
incorporated company that is a public authority of the Commonwealth;
but does not include:
                    (e) an office of member of the
Assembly, member of the Executive, or Minister within the meaning of the Australian
Capital Territory (Self‑Government) Act 1988; or
                     (f) an office of member of the
Legislative Assembly, member of the Council or Minister of the Territory,
within the meaning of the Northern Territory (Self‑Government) Act
1978; or
                    (g) an office of member of the
Legislative Assembly within the meaning of the Norfolk Island Act
1979; or
                    (h) an office or appointment in the
Australian Public Service.
assistance animal has the meaning given by
subsection 9(2).
associate, in relation to a person, includes:
                    (a) a spouse of the person; and
                    (b) another person who is living with
the person on a genuine domestic basis; and
                    (c) a relative of the person; and
                    (d) a carer of the person; and
                    (e) another person who is in a
business, sporting or recreational relationship with the person.
carer or assistant has the meaning given by
subsection 9(1).
club means an association (whether
incorporated or unincorporated) of persons associated together for social,
literary, cultural, political, sporting, athletic or other lawful purposes that
provides and maintains its facilities, in whole or in part, from the funds of
the association.
Commission means the Australian Human Rights
Commission.
commission agent means a person who does work
for another person as the agent of that other person and who is remunerated,
whether in whole or in part, by commission.
Commissioner means the Disability
Discrimination Commissioner appointed under section 113.
committee of management, in relation to a
club or a registered organisation, means the group or body of persons (however
described) that manages the affairs of that club or organisation, as the case
may be.
Commonwealth agency means an agency within
the meaning of the Privacy Act 1988.
Commonwealth employee means a person who:
                    (a) is appointed or engaged under the Public
Service Act 1999;
                    (b) holds an administrative office; or
                    (c) is employed by a public authority
of the Commonwealth; or
                    (d) holds an office or appointment in
the Commonwealth Teaching Service or is employed as a temporary employee under
the Commonwealth Teaching Service Act 1972; or
                    (e) is employed under the Australian
Security Intelligence Organisation Act 1979, the Commonwealth Electoral
Act 1918 or the Naval Defence Act 1910; or
                     (f) is a member of the Defence Force;
or
                    (g) is the Commissioner of the
Australian Federal Police, a Deputy Commissioner of the Australian Federal
Police, an AFP employee or a special member of the Australian Federal Police
(all within the meaning of the Australian Federal Police Act 1979).
Commonwealth law
means:
                    (a) an Act, or a regulation, rule, by‑law
or determination made under an Act; or
                    (b) an ordinance of a Territory, or a
regulation, rule, by‑law or determination made under an ordinance of a
Territory; or
                    (c) an order or award made under a law
referred to in paragraph (a) or (b).
Commonwealth program means a program
conducted by or on behalf of the Commonwealth Government.
contract worker means a person who does work
for another person under a contract between the employer of the first‑mentioned
person and that other person.
Convention means the Discrimination
(Employment and Occupation) Convention, 1958 adopted by the General Conference
of the International Labour Organization on 25 June 1958, a copy of the English text of which is set out in Schedule 1 of the Australian Human
Rights Commission Act 1986.
Covenant on Civil and Political Rights means
the International Covenant on Civil and Political Rights, a copy of the English
text of which is set out in Schedule 2 of the Australian Human Rights
Commission Act 1986.
Department means an Agency within the meaning
of the Public Service Act 1999.
Disabilities Convention means the Convention
on the Rights of Persons with Disabilities, done at New York on 30 March
2007, as in force for Australia.
Note:Â Â Â Â Â Â Â Â Â The text of the Convention is set out in
Australian Treaty Series 2008 No. 12 ([2008] ATS 12). In 2008, the text of
a Convention in the Australian Treaty Series was accessible through the Australian
Treaties Library on the AustLII website (www.austlii.edu.au).
disability, in relation to a person, means:
                    (a) total or partial loss of the
person’s bodily or mental functions; or
                    (b) total or partial loss of a part of
the body; or
                    (c) the presence in the body of
organisms causing disease or illness; or
                    (d) the presence in the body of
organisms capable of causing disease or illness; or
                    (e) the malfunction, malformation or
disfigurement of a part of the person’s body; or
                     (f) a disorder or malfunction that
results in the person learning differently from a person without the disorder
or malfunction; or
                    (g) a disorder, illness or disease
that affects a person’s thought processes, perception of reality, emotions or
judgment or that results in disturbed behaviour;
and includes a disability that:
                    (h) presently exists; or
                     (i) previously existed but no longer
exists; or
                     (j) may exist in the future
(including because of a genetic predisposition to that disability); or
                    (k) is imputed to a person.
To avoid doubt, a disability that is
otherwise covered by this definition includes behaviour that is a symptom or
manifestation of the disability.
disability aid has the meaning given by
subsection 9(3).
disability standards has the meaning given by
subsection 31(1).
discriminate has the meaning given by sections 5
and 6.
Note:Â Â Â Â Â Â Â Â Â Section 7 (associates) and section 8
(carers, assistants, assistance animals and disability aids) extend the concept
of discrimination.
document includes any book, register or other
record of information, however compiled, recorded or stored.
educational authority means a body or person
administering an educational institution.
educational institution means a school,
college, university or other institution at which education or training is
provided.
education provider means:
                    (a) an educational authority; or
                    (b) an educational institution; or
                    (c) an organisation whose purpose is
to develop or accredit curricula or training courses used by other education
providers referred to in paragraph (a) or (b).
employment includes:
                    (a) part‑time and temporary
employment; and
                    (b) work under a contract for
services; and
                    (c) work as a Commonwealth employee;
and
                    (d) work as an employee of a State or
an instrumentality of a State.
employment agency means any person who, or
body that, whether for payment or not, assists persons to find employment or
other work or assists employers to find employees or workers, and includes the
Commonwealth Employment Service.
enactment has the same meaning as in the Australian
Human Rights Commission Act 1986.
exemption means an exemption granted under
section 55.
Federal Court means the Federal Court of
Australia.
function includes duty.
instrumentality of a State means a body or
authority established for a public purpose by a law of a State and includes a
local government body.
premises includes:
                    (a) a structure, building, aircraft,
vehicle or vessel; and
                    (b) a place (whether enclosed or built
on or not); and
                    (c) a part of premises (including
premises of a kind referred to in paragraph (a) or (b)).
President means President of the Commission.
principal means:
                    (a) in relation to a commission
agent—a person for whom the commission agent does work as a commission agent;
and
                    (b) in relation to a contract worker—a
person for whom the contract worker does work under a contract between the
employer of the contract worker and the person.
principal executive, in relation to a
Commonwealth agency, has the same meaning as in Part V of the Privacy
Act 1988.
proposed enactment has the same meaning as in
the Australian Human Rights Commission Act 1986.
public authority of the Commonwealth means:
                    (a) a body incorporated, whether
before or after the commencement of this Act, for a public purpose by a law of
the Commonwealth or a law of a Territory, being a body corporate employing
staff on its own behalf; or
                    (b) an authority or body, not being a
body corporate, established, whether before or after the commencement of this
Act, for a public purpose by, or in accordance with the provisions of, a law of
the Commonwealth or a law of a Territory, being an authority or body employing
staff on its own behalf; or
                    (c) an incorporated company over which
the Commonwealth, or a body or authority referred to in paragraph (a) or
(b), is in a position to exercise control.
reasonable adjustment: an adjustment to be
made by a person is a reasonable adjustment unless making the
adjustment would impose an unjustifiable hardship on the person.
registered organisation means an organisation
registered, or an association recognised, under the Fair Work (Registered
Organisations) Act 2009.
relative, in relation to a person, means a
person who is related to the first‑mentioned person by blood, marriage,
affinity or adoption.
services includes:
                    (a) services relating to banking,
insurance, superannuation and the provision of grants, loans, credit or
finance; or
                    (b) services relating to
entertainment, recreation or refreshment; or
                    (c) services relating to transport or
travel; or
                    (d) services relating to telecommunications;
or
                    (e) services of the kind provided by
the members of any profession or trade; or
                     (f) services of the kind provided by
a government, a government authority or a local government body.
State, except in subsections 12(11) and (12),
includes the Australian Capital Territory and the Northern Territory.
Territory, except in subsection 12(12) or in paragraph (c)
of the definition of administrative office in this subsection,
does not include the Australian Capital Territory and the Northern Territory.
unjustifiable hardship has a meaning affected
by section 11.
voluntary body means an association or other
body (whether incorporated or unincorporated) the activities of which are not
engaged in for the purpose of making a profit, but does not include:
                    (a) a club; or
                    (b) a body established by a law of the
Commonwealth, a State or a Territory; or
                    (c) an association that provides
grants, loans, credit or finance to its members.
            (2) For the purposes of this Act, refusing or
failing to do an act is taken to be the doing of an act and a reference to an
act includes a reference to a refusal or failure to do an act.
5Â
Direct disability discrimination
            (1) For the purposes of this Act, a person
(the discriminator) discriminates against another
person (the aggrieved person) on the ground of a disability of
the aggrieved person if, because of the disability, the discriminator treats,
or proposes to treat, the aggrieved person less favourably than the
discriminator would treat a person without the disability in circumstances that
are not materially different.
            (2) For the purposes of this Act, a person
(the discriminator) also discriminates against
another person (the aggrieved person) on the ground of a
disability of the aggrieved person if:
                    (a) the discriminator does not make,
or proposes not to make, reasonable adjustments for the person; and
                    (b) the failure to make the reasonable
adjustments has, or would have, the effect that the aggrieved person is,
because of the disability, treated less favourably than a person without the
disability would be treated in circumstances that are not materially different.
            (3) For the purposes of this section,
circumstances are not materially different because of the fact
that, because of the disability, the aggrieved person requires adjustments.
6Â
Indirect disability discrimination
            (1) For the purposes of this Act, a person
(the discriminator) discriminates against another
person (the aggrieved person) on the ground of a disability of
the aggrieved person if:
                    (a) the discriminator requires, or
proposes to require, the aggrieved person to comply with a requirement or
condition; and
                    (b) because of the disability, the
aggrieved person does not or would not comply, or is not able or would not be
able to comply, with the requirement or condition; and
                    (c) the requirement or condition has,
or is likely to have, the effect of disadvantaging persons with the disability.
            (2) For the purposes of this Act, a person
(the discriminator) also discriminates against
another person (the aggrieved person) on the ground of a
disability of the aggrieved person if:
                    (a) the discriminator requires, or
proposes to require, the aggrieved person to comply with a requirement or
condition; and
                    (b) because of the disability, the
aggrieved person would comply, or would be able to comply, with the requirement
or condition only if the discriminator made reasonable adjustments for the
person, but the discriminator does not do so or proposes not to do so; and
                    (c) the failure to make reasonable
adjustments has, or is likely to have, the effect of disadvantaging persons
with the disability.
            (3) Subsection (1) or (2) does not apply
if the requirement or condition is reasonable, having regard to the
circumstances of the case.
            (4) For the purposes of subsection (3),
the burden of proving that the requirement or condition is reasonable, having
regard to the circumstances of the case, lies on the person who requires, or
proposes to require, the person with the disability to comply with the
requirement or condition.
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Discrimination in relation to associates
            (1) This Act applies in relation to a person
who has an associate with a disability in the same way as it applies in
relation to a person with the disability.
Example:Â Â Â It is unlawful, under section 15, for an
employer to discriminate against an employee on the ground of a disability of
any of the employee’s associates.
            (2) For the purposes of subsection (1),
but without limiting that subsection, this Act has effect in relation to a
person who has an associate with a disability as if:
                    (a) each reference to something being
done or needed because of a disability were a reference to the thing being done
or needed because of the fact that the person has an associate with the
disability; and
                    (b) each other reference to a
disability were a reference to the disability of the associate.
            (3) This section does not apply to
section 53 or 54 (combat duties and peacekeeping services) or subsection
54A(2) or (3) (assistance animals).
Note:Â Â Â Â Â Â Â Â Â The combined effect of sections 7 and 8
is that this Act applies in relation to a person who has an associate who has a
carer, assistant, assistance animal or disability aid in the same way as it
applies in relation to a person with a disability.
8Â
Discrimination in relation to carers, assistants, assistance animals and
disability aids
            (1) This Act applies in relation to having a
carer, assistant, assistance animal or disability aid in the same way as it
applies in relation to having a disability.
Example:Â Â Â For the purposes of section 5 (direct
discrimination), circumstances are not materially different because of the fact
that a person with a disability requires adjustments for the person’s carer,
assistant, assistance animal or disability aid (see subsection 5(3)).
            (2) For the purposes of subsection (1),
but without limiting that subsection, this Act has effect in relation to a
person with a disability who has a carer, assistant, assistance animal or
disability aid as if:
                    (a) each reference to something being
done or needed because of a disability were a reference to the thing being done
or needed because of the fact that the person has the carer, assistant, animal
or aid; and
                    (b) each other reference to a
disability were a reference to the carer, assistant, animal or aid.
            (3) This section does not apply to
section 48 (infectious diseases) or section 54A (exemptions in
relation to assistance animals).
Note:Â Â Â Â Â Â Â Â Â The combined effect of sections 7 and 8
is that this Act applies in relation to a person who has an associate who has a
carer, assistant, assistance animal or disability aid in the same way as it
applies in relation to a person with a disability.
9Â
Carer, assistant, assistance animal and disability aid definitions
Meanings of carer or assistant, assistance animal and disability aid
            (1) For the purposes of this Act, a carer
or assistant, in relation to a person with a disability, is one of the
following who provides assistance or services to the person because of the
disability:
                    (a) a carer;
                    (b) an assistant;
                    (c) an interpreter;
                    (d) a reader.
            (2) For the purposes of this Act, an assistance
animal is a dog or other animal:
                    (a) accredited under a law of a State
or Territory that provides for the accreditation of animals trained to assist a
persons with a disability to alleviate the effect of the disability; or
                    (b) accredited by an animal training
organisation prescribed by the regulations for the purposes of this paragraph;
or
                    (c) trained:
                             (i) to assist a person
with a disability to alleviate the effect of the disability; and
                            (ii) to meet standards of
hygiene and behaviour that are appropriate for an animal in a public place.
Note:Â Â Â Â Â Â Â Â Â For exemptions from Part 2 for
discrimination in relation to assistance animals, see section 54A.
            (3) For the purposes of this Act, a disability
aid, in relation to a person with a disability, is equipment (including
a palliative or therapeutic device) that:
                    (a) is used by the person; and
                    (b) provides assistance to alleviate
the effect of the disability.
Having a carer, assistant, assistance animal or
disability aid
            (4) The following table has effect:
|
Having a carer, assistant, assistance animal or
disability aid
|
|
Item
|
For the purposes of
this Act, a person with a disability has …
|
if the person …
|
|
1
|
a carer or assistant
|
(a)Â is presently accompanied by the carer or assistant; or
(b) was previously accompanied by the carer or assistant; or
(c)Â may be accompanied by the carer or assistant in the
future; or
(d) is imputed to be accompanied by the carer or assistant.
|
|
2
|
an assistance animal or disability aid
|
(a)Â is presently accompanied by, or possesses, the animal or
aid; or
(b) was previously accompanied by, or possessed, the animal
or aid; or
(c)Â may be accompanied by, or possess, the animal or aid in
the future; or
(d) is imputed to be accompanied by, or to possess, the
animal or aid.
|
10Â Act
done because of disability and for other reason
                  If:
                    (a) an act is done for 2 or more
reasons; and
                    (b) one of the reasons is the
disability of a person (whether or not it is the dominant or a substantial reason
for doing the act);
then, for the purposes of this Act, the act is taken to be
done for that reason.
11Â
Unjustifiable hardship
            (1) For the purposes of this Act, in
determining whether a hardship that would be imposed on a person (the first
person) would be an unjustifiable hardship, all relevant
circumstances of the particular case must be taken into account, including the
following:
                    (a) the nature of the benefit or
detriment likely to accrue to, or to be suffered by, any person concerned;
                    (b) the effect of the disability of
any person concerned;
                    (c) the financial circumstances, and
the estimated amount of expenditure required to be made, by the first person;
                    (d) the availability of financial and
other assistance to the first person;
                    (e) any relevant action plans given to
the Commission under section 64.
Example:Â Â Â One of the circumstances covered by
paragraph (1)(a) is the nature of the benefit or detriment likely to
accrue to, or to be suffered by, the community.
            (2) For the purposes of this Act, the burden
of proving that something would impose unjustifiable hardship lies on the
person claiming unjustifiable hardship.
12Â
Application of Act
            (1) In this section:
Australia includes the external Territories.
limited application provisions means the
provisions of Divisions 1, 2, 2A and 3 of Part 2 other than sections 20,
29 and 30.
            (2) Subject to this section, this Act applies
throughout Australia.
            (3) This Act has effect in relation to acts
done within a Territory.
            (4) The limited application provisions have
effect as provided in subsection (3) of this section and the following
provisions of this section and not otherwise.
            (5) Sections 15, 16 and 17 have effect
in relation to discrimination against:
                    (a) Commonwealth employees in
connection with their employment as Commonwealth employees; and
                    (b) persons seeking to become
Commonwealth employees.
            (6) Section 19 has effect in relation to
discrimination by an authority or body in the exercise of a power under a
Commonwealth law to confer, renew, extend, revoke or withdraw an authorisation
or qualification.
            (7) The limited application provisions have
effect in relation to acts done by, or on behalf of:
                    (a) the Commonwealth or the
Administration of a Territory; or
                    (b) a body or authority established
for a public purpose by a law of the Commonwealth or a law of a Territory;
in the exercise of a power conferred by a law of the
Commonwealth or a law of a Territory.
            (8) The limited application provisions have
effect in relation to discrimination against a person with a disability to the
extent that the provisions:
                    (a) give effect to the Convention; or
                    (b) give effect to the Covenant on
Civil and Political Rights; or
                   (ba) give effect to the Disabilities
Convention; or
                    (c) give effect to the International
Covenant on Economic, Social and Cultural Rights; or
                    (d) relate to matters external to Australia;
or
                    (e) relate to matters of international
concern.
            (9) The limited application provisions have
effect in relation to discrimination by a foreign corporation, or a trading or
financial corporation formed within the limits of the Commonwealth, or by a
person in the course of the person’s duties or purported duties as an officer
or employee of such a corporation.
          (10) Without limiting the effect of subsection (9),
the limited application provisions have effect in relation to discrimination by
a trading or financial corporation formed within the limits of the
Commonwealth, or by a person in the course of the person’s duties or purported
duties as an officer or employee of such a corporation, to the extent that the
discrimination takes place in the course of the trading activities of the
trading corporation or the financial activities of the financial corporation,
as the case may be.
          (11) The limited application provisions have
effect in relation to discrimination in the course of, or in relation to, the
carrying on of the business of:
                    (a) banking, other than State banking
not extending beyond the limits of the State concerned; or
                    (b) insurance, other than State
insurance not extending beyond the limits of the State concerned.
          (12) The limited application provisions have
effect in relation to discrimination in the course of, or in relation to, trade
or commerce:
                    (a) between Australia and a place
outside Australia; or
                    (b) among the States; or
                    (c) between a State and a Territory;
or
                    (d) between 2 Territories.
          (13) The limited application provisions have
effect in relation to discrimination within Australia involving persons or
things, or matters arising outside Australia.
          (14) The provisions of Division 3 of Part 2
have effect in relation to acts done within Australia involving persons or
things, or matters arising outside Australia.
12AÂ
Application of the Criminal Code
                  Chapter 2 of the Criminal Code
(except Part 2.5) applies to all offences against this Act.
Note:Â Â Â Â Â Â Â Â Â Chapter 2 of the Criminal Code
sets out the general principles of criminal responsibility.
13Â
Operation of State and Territory laws
            (1) A reference in this section to this Act
is a reference to this Act as it has effect because of a provision of section 12.
            (2) A reference in this section to a law of a
State or Territory is a reference to a law of a State or Territory that deals
with discrimination on the grounds of disability.
            (3) This Act is not intended to exclude or
limit the operation of a law of a State or Territory that is capable of
operating concurrently with this Act.
         (3A) Subsection (3) does not apply in
relation to Division 2A of Part 2 (Disability standards).
            (4) If:
                    (a) a law of a State or Territory
relating to discrimination deals with a matter dealt with by this Act
(including a matter dealt with by a disability standard); and
                    (b) a person has made a complaint or
initiated a proceeding under that law in respect of an act or omission in
respect of which the person would, apart from this subsection, have been
entitled to make a complaint under the Australian Human Rights Commission
Act 1986 alleging that the act or omission is unlawful under a provision of
Part 2 of this Act;
the person is not entitled to make a complaint or
institute a proceeding under the Australian Human Rights Commission Act 1986
alleging that the act or omission is unlawful under a provision of Part 2
of this Act.
            (5) If:
                    (a) a law of a State or Territory
deals with a matter dealt with by this Act (including a matter dealt with by a
disability standard); and
                    (b) an act or omission by a person
that constitutes an offence against that law also constitutes an offence
against this Act;
the person may be prosecuted and convicted either under
that law of the State or Territory or under this Act, but nothing in this
subsection renders a person liable to be punished more than once in respect of
the same act or omission.
14Â
Extent to which Act binds the Crown
            (1) This Act binds the Crown in right of the
Commonwealth, of each of the States and of Norfolk Island.
            (2) This Act does not render the Crown in
right of the Commonwealth, of a State or of Norfolk Island liable to be
prosecuted for an offence.
Part 2—Prohibition of disability discrimination
Division 1—Discrimination in work
15Â
Discrimination in employment
            (1) It is unlawful for an employer or a
person acting or purporting to act on behalf of an employer to discriminate
against a person on the ground of the other person’s disability:
                    (a) in the arrangements made for the
purpose of determining who should be offered employment; or
                    (b) in determining who should be
offered employment; or
                    (c) in the terms or conditions on
which employment is offered.
            (2) It is unlawful for an employer or a
person acting or purporting to act on behalf of an employer to discriminate
against an employee on the ground of the employee’s disability:
                    (a) in the terms or conditions of
employment that the employer affords the employee; or
                    (b) by denying the employee access, or
limiting the employee’s access, to opportunities for promotion, transfer or
training, or to any other benefits associated with employment; or
                    (c) by dismissing the employee; or
                    (d) by subjecting the employee to any
other detriment.
            (3) Neither paragraph (1)(a) nor (b)
renders it unlawful for a person to discriminate against another person, on the
ground of the other person’s disability, in connection with employment to
perform domestic duties on the premises on which the first‑mentioned
person resides.
16Â
Discrimination against commission agents
            (1) It is unlawful for a principal to
discriminate against a person on the ground of the person’s disability:
                    (a) in the arrangements the principal
makes for the purpose of determining who should be engaged as a commission
agent; or
                    (b) in determining who should be
engaged as a commission agent; or
                    (c) in the terms or conditions on
which the person is engaged as a commission agent.
            (2) It is unlawful for a principal to
discriminate against a commission agent on the ground of the commission agent’s
disability:
                    (a) in the terms or conditions that
the principal affords the commission agent as a commission agent; or
                    (b) by denying the commission agent
access, or limiting the commission agent’s access, to opportunities for
promotion, transfer or training, or to any other benefits associated with the
position as a commission agent; or
                    (c) by terminating the engagement; or
                    (d) by subjecting the commission agent
to any other detriment.
17Â
Discrimination against contract workers
                  It is unlawful for a principal to
discriminate against a contract worker on the ground of the contract worker’s
disability:
                    (a) in the terms or conditions 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 the contract worker
access, or limiting the contract worker’s access, to any benefit associated
with the work in respect of which the contract with the employer is made; or
                    (d) by subjecting the contract worker
to any other detriment.
18Â
Partnerships
            (1) It is unlawful for 3 or more persons who
are proposing to form themselves into a partnership to discriminate against
another person on the ground of the other person’s disability:
                    (a) in determining who should be
invited to become a partner in the partnership; or
                    (b) in the terms or conditions on
which the other person is invited to become a partner in the partnership.
            (2) It is unlawful for any one or more of the
partners in a partnership consisting of 3 or more partners to discriminate
against another person on the ground of the other person’s disability:
                    (a) in determining who should be
invited to become a partner in the partnership; or
                    (b) in the terms or conditions on
which the other person is invited to become a partner in the partnership.
            (3) It is unlawful for any one or more of the
partners in a partnership consisting of 3 or more partners to discriminate
against another partner in the partnership on the ground of the other partner’s
disability:
                    (a) by denying the other partner
access, or limiting the other partner’s access, to any benefit arising from
being a partner in the partnership; or
                    (b) by expelling the other partner
from the partnership; or
                    (c) by subjecting the partner to any
other detriment.
19Â
Qualifying bodies
                  It is unlawful for an authority or body
that is empowered to confer, renew, extend, revoke or withdraw an authorisation
or qualification that is needed for or facilitates the practice of a
profession, the carrying on of a trade or the engaging in of an occupation to
discriminate against a person on the ground of the person’s disability:
                    (a) by refusing or failing to confer,
renew or extend the authorisation or qualification; or
                    (b) in the terms or conditions on
which it is prepared to confer the authorisation or qualification or to renew
or extend the authorisation or qualification; or
                    (c) by revoking or withdrawing the
authorisation or qualification or varying the terms or the conditions upon
which it is held.
20Â
Registered organisations under the Fair Work (Registered Organisations) Act
2009
            (1) It is unlawful for a registered
organisation, the committee of management of a registered organisation or a
member of the committee of management of a registered organisation to
discriminate against a person, on the ground of the person’s disability:
                    (a) by refusing or failing to accept
the person’s application for membership; or
                    (b) in the terms or conditions on
which the organisation is prepared to admit the person to membership.
            (2) It is unlawful for a registered
organisation, the committee of management of a registered organisation or a
member of the committee of management of a registered organisation to
discriminate against a person who is a member of the registered organisation,
on the ground of the member’s disability:
                    (a) by denying the member access or
limiting the member’s access, to any benefit provided by the organisation; or
                    (b) by depriving the member of
membership or varying the terms of membership; or
                    (c) by subjecting the member to any
other detriment.
21Â
Employment agencies
            (1) It is unlawful for an employment agency
to discriminate against a person on the ground of the person’s disability:
                    (a) by refusing to provide the person
with any of its services; or
                    (b) in the terms or conditions on
which it offers to provide the person with any of its services; or
                    (c) in the manner in which it provides
the person with any of its services.
            (2) This Part does not require an employment
agency to ensure that an employer complies with this Act.
            (3) Subsection (2) does not affect the
operation of section 122 (which applies if an employment agency causes,
instructs, induces, aids or permits an employer to do an unlawful act).
21AÂ
Exception—inherent requirements
Inherent requirements
            (1) This Division does not render it unlawful
for a person (the discriminator) to discriminate against another
person (the aggrieved person) on the ground of a disability of
the aggrieved person if:
                    (a) the discrimination relates to
particular work (including promotion or transfer to particular work); and
                    (b) because of the disability, the
aggrieved person would be unable to carry out the inherent requirements of the
particular work, even if the relevant employer, principal or partnership made
reasonable adjustments for the aggrieved person.
            (2) For the purposes of
paragraph (1)(b), the following factors are to be taken into account in
determining whether the aggrieved person would be able to carry out the
inherent requirements of the particular work:
                    (a) the aggrieved person’s past
training, qualifications and experience relevant to the particular work;
                    (b) if the aggrieved person already
works for the discriminator—the aggrieved person’s performance in working for
the discriminator;
                    (c) any other factor that it is
reasonable to take into account.
            (3) For the purposes of this section, the
aggrieved person works for another person if:
                    (a) the other person employs the
aggrieved person; or
                    (b) the other person engages the
aggrieved person as a commission agent; or
                    (c) the aggrieved person works for the
other person as a contract worker; or
                    (d) the other person and the aggrieved
person are members of a partnership; or
                    (e) both of the following apply:
                             (i) the other person is an
authority or body that is empowered to confer, renew, extend, revoke or
withdraw an authorisation or qualification that is needed for or facilitates
the practice of a profession, the carrying on of a trade or the engaging in of
an occupation;
                            (ii) the aggrieved person
is a member of that profession, carrying on that trade or engaged in that
occupation.
Opportunities for promotion, transfer and training and
registered organisations
            (4) This section does not apply in relation
to:
                    (a) discrimination referred to in
paragraph 15(2)(b) or (d), 16(2)(b) or (d), 17(1)(c) or (d) or 18(3)(c), other
than discrimination in determining who should be offered promotion or transfer;
or
                    (b) discrimination referred to in
section 20 (registered organisations under the Fair Work (Registered
Organisations) Act 2009).
21BÂ
Exception—unjustifiable hardship
                  This Division does not render it
unlawful for a person (the discriminator) to discriminate against
another person on the ground of a disability of the other person if avoiding
the discrimination would impose an unjustifiable hardship on the discriminator.
Division 2—Discrimination in other areas
22Â
Education
            (1) It is unlawful for an educational
authority to discriminate against a person on the ground of the person’s
disability:
                    (a) by refusing or failing to accept
the person’s application for admission as a student; or
                    (b) in the terms or conditions on
which it is prepared to admit the person as a student.
            (2) It is unlawful for an educational
authority to discriminate against a student on the ground of the student’s
disability:
                    (a) by denying the student access, or
limiting the student’s access, to any benefit provided by the educational
authority; or
                    (b) by expelling the student; or
                    (c) by subjecting the student to any
other detriment.
         (2A) It is unlawful for an education provider to
discriminate against a person on the ground of the person’s disability:
                    (a) by developing curricula or
training courses having a content that will either exclude the person from
participation, or subject the person to any other detriment; or
                    (b) by accrediting curricula or
training courses having such a content.
            (3) This section does not render it unlawful
to discriminate against a person on the ground of the person’s disability in
respect of admission to an educational institution established wholly or
primarily for students who have a particular disability where the person does
not have that particular disability.
23Â
Access to premises
                  It is unlawful for a person to
discriminate against another person on the ground of the other person’s
disability:
                    (a) by refusing to allow the other
person access to, or the use of, any premises that the public or a section of
the public is entitled or allowed to enter or use (whether for payment or not);
or
                    (b) in the terms or conditions on
which the first‑mentioned person is prepared to allow the other person
access to, or the use of, any such premises; or
                    (c) in relation to the provision of
means of access to such premises; or
                    (d) by refusing to allow the other
person the use of any facilities in such premises that the public or a section
of the public is entitled or allowed to use (whether for payment or not); or
                    (e) in the terms or conditions on
which the first‑mentioned person is prepared to allow the other person
the use of any such facilities; or
                     (f) by requiring the other person to
leave such premises or cease to use such facilities.
24Â
Goods, services and facilities
                  It is unlawful for a person who, whether
for payment or not, provides goods or services, or makes facilities available,
to discriminate against another person on the ground of the other person’s
disability:
                    (a) by refusing to provide the other
person with those goods or services or to make those facilities available to
the other person; or
                    (b) in the terms or conditions on
which the first‑mentioned person provides the other person with those
goods or services or makes those facilities available to the other person; or
                    (c) in the manner in which the first‑mentioned
person provides the other person with those goods or services or makes those
facilities available to the other person.
25Â
Accommodation
            (1) It is unlawful for a person, whether as
principal or agent, to discriminate against another person on the ground of the
other person’s disability:
                    (a) by refusing the other person’s
application for accommodation; or
                    (b) in the terms or conditions on
which the accommodation is offered to the other person; or
                    (c) by deferring the other person’s
application for accommodation or according to the other person a lower order of
precedence in any list of applicants for that accommodation.
            (2) It is unlawful for a person, whether as
principal or agent, to discriminate against another person on the ground of the
other person’s disability:
                    (a) by denying the other person
access, or limiting the other person’s access, to any benefit associated with
accommodation occupied by the other person; or
                    (b) by evicting the other person from
accommodation occupied by the other person; or
                    (c) by subjecting the other person to
any other detriment in relation to accommodation occupied by the other person;
or
                    (d) by refusing to permit the other
person to make reasonable alterations to accommodation occupied by that person
if:
                             (i) that person has
undertaken to restore the accommodation to its condition before alteration on
leaving the accommodation; and
                            (ii) in all the
circumstances it is likely that the person will perform the undertaking; and
                           (iii) in all the
circumstances, the action required to restore the accommodation to its
condition before alteration is reasonably practicable; and
                           (iv) the alteration does not
involve alteration of the premises of any other occupier; and
                            (v) the alteration is at
that other person’s own expense.
            (3) This section does not apply to or in
respect of:
                    (a) the provision of accommodation in
premises if:
                             (i) the person who
provides or proposes to provide the accommodation or a near relative of that
person resides, and intends to continue to reside on those premises; and
                            (ii) the accommodation
provided in those premises is for no more than 3 persons other than a person
referred to in subparagraph (a)(i) or near relatives of such a person; or
                    (b) the provision of accommodation if:
                             (i) the accommodation is
provided by a charitable or other voluntary body solely for persons who have a
particular disability; and
                            (ii) the person
discriminated against does not have that particular disability.
26 Â Land
            (1) It is unlawful for a person, whether as
principal or agent, to discriminate against another person on the ground of the
other person’s disability:
                    (a) by refusing or failing to dispose
of an estate or interest in land to the other person; or
                    (b) in the terms or conditions on
which an estate or interest in land is offered to the other person.
            (2) This section does not apply in relation
to a disposal of an estate or interest in land by will or by way of gift.
27Â
Clubs and incorporated associations
            (1) It is unlawful for a club or incorporated
association, the committee of management of a club or a member of the committee
of management of a club or incorporated association to discriminate against a
person who is not a member of the club or association on the ground of the
person’s disability:
                    (a) by refusing or failing to accept
the person’s application for membership; or
                    (b) in the terms or conditions on
which the club or association is prepared to admit the person to membership.
            (2) It is unlawful for a club or incorporated
association, the committee of management of a club or a member of the committee
of management of a club or incorporated association to discriminate against a
person who is a member of the club or association on the ground of the member’s
disability:
                    (a) in the terms or conditions of
membership that are afforded to the member; or
                    (b) by refusing or failing to accept
the member’s application for a particular class or type of membership; or
                    (c) by denying the member access, or
limiting the member’s access to any benefit provided by the club or
association; or
                    (d) by depriving the member of
membership or varying the terms of membership; or
                    (e) by subjecting the member to any
other detriment.
            (4) Neither subsection (1) nor (2)
renders it unlawful to discriminate against a person on the ground of the
person’s disability if membership (however described) of the club or
incorporated association is restricted only to persons who have a particular
disability and the first‑mentioned person does not have that disability.
28Â
Sport
            (1) It is unlawful for a person to
discriminate against another person on the ground of the other person’s
disability by excluding that other person from a sporting activity.
            (2) In subsection (1), a reference to a
sporting activity includes a reference to an administrative or coaching
activity in relation to any sport.
            (3) Subsection (1) does not render
unlawful discrimination against a person:
                    (a) if the person is not reasonably
capable of performing the actions reasonably required in relation to the
sporting activity; or
                    (b) if the persons who participate or
are to participate in the sporting activities are selected by a method which is
reasonable on the basis of their skills and abilities relevant to the sporting
activity and relative to each other; or
                    (c) if a sporting activity is
conducted only for persons who have a particular disability and the first‑mentioned
person does not have that disability.
29Â
Administration of Commonwealth laws and programs
                  It is unlawful for a person who performs
any function or exercises any power under a Commonwealth law or for the
purposes of a Commonwealth program or has any other responsibility for the
administration of a Commonwealth law or the conduct of a Commonwealth program,
to discriminate against another person on the ground of the other person’s
disability in the performance of that function, the exercise of that power or
the fulfilment of that responsibility.
29AÂ
Unjustifiable hardship
                  This Division (other than
section 30) does not render it unlawful for a person (the discriminator)
to discriminate against another person on the ground of a disability of the
other person if avoiding the discrimination would impose an unjustifiable
hardship on the discriminator.
30Â
Requests for information
            (1) This section applies in relation to a
person (the first person) if, under Division 1 or this
Division, it would be unlawful for the first person, in doing a particular act,
to discriminate against another person on the ground of a disability of the
other person.
            (2) It is unlawful for the first person to
request or require the other person to provide information (whether by
completing a form or otherwise) if:
                    (a) the first person requests or
requires the information in connection with, or for the purposes of, doing the
act referred to in subsection (1); and
                    (b) either or both of the following
applies:
                             (i) persons who do not
have the disability would not be requested or required to provide the
information in circumstances that are not materially different;
                            (ii) the information
relates to the disability.
            (3) Subsection (2) does not apply if:
                    (a) evidence is produced to the effect
that none of the purposes for which the first person requested or required the
information was the purpose of unlawfully discriminating against the other
person on the ground of the disability; and
                    (b) the evidence is not rebutted.
Example:Â Â Â An employer may not require a prospective
employee to provide genetic information if the employer intends to use that
information to unlawfully discriminate against the employee on the ground of a
disability of the employee.
                  However, the employer may require such
information in order to determine if the prospective employee would be able to
carry out the inherent requirements of the employment or to determine what
reasonable adjustments to make for the employee.
            (4) This section has effect subject to
subsection 54A(5) (evidence that an animal is an assistance animal).
Division 2A—Disability standards
31Â
Disability standards
            (1) The Minister may, by legislative
instrument, formulate standards, to be known as disability standards,
in relation to any area in which it is unlawful under this Part for a person to
discriminate against another person on the ground of a disability of the other
person.
            (2) Without limiting subsection (1), a
disability standard may:
                    (a) deal with the following:
                             (i) reasonable
adjustments;
                            (ii) strategies and
programs to prevent harassment or victimisation of persons with a disability;
                           (iii) unjustifiable
hardship;
                           (iv) exemptions from the
disability standard, including the power (if any) of the Commission to grant
such exemptions; or
                    (b) provide that the disability
standard, in whole or in part, is or is not intended to affect the operation of
a law of a State or Territory.
            (3) Before making a disability standard, the
Minister must take into consideration any comments made to the Minister by a
Minister of a State or Territory who is responsible for matters relating to disability
discrimination.
            (4) A legislative instrument made under this
section does not take effect before the end of the period in which it could be
disallowed in either House of the Parliament.
32Â
Unlawful to contravene disability standards
                  It is unlawful for a person to
contravene a disability standard.
33Â
Division 5 generally not to apply to disability standards
                  Division 5 (other than subsections
55(1A) to (1D) and any reference in that Division to those provisions) does not
apply in relation to a disability standard.
34Â
This Part not to apply if person acts in accordance with disability standards
                  If a person acts in accordance with a
disability standard this Part (other than this Division) does not apply to the
person’s act.
Division 3—Discrimination involving harassment
35Â
Harassment in employment
            (1) It is unlawful for a person to harass
another person who:
                    (a) is an employee of that person; and
                    (b) has a disability;
in relation to the disability.
            (2) It is unlawful for a person to harass
another person who:
                    (a) is an employee of a person by whom
the first‑mentioned person is employed; and
                    (b) has a disability;
in relation to the disability.
            (3) It is unlawful for a person to harass
another person who:
                    (a) is seeking employment by the first‑mentioned
person or by an employer of the first‑mentioned person; and
                    (b) has a disability;
in relation to the disability.
            (4) It is unlawful for a person to harass
another person who:
                    (a) is a commission agent or contract
worker of that person; and
                    (b) has a disability;
in relation to the disability.
            (5) It is unlawful for a person to harass
another person who:
                    (a) is a commission agent or contract
worker of a person of whom the first‑mentioned person is a commission
agent or contract worker; and
                    (b) has a disability;
in relation to the disability.
            (6) It is unlawful for a person to harass
another person who:
                    (a) is seeking to become a commission
agent or contract worker of the first‑mentioned person or of a person of
whom the first‑mentioned person is a commission agent or contract worker;
and
                    (b) has
a disability;
in relation to the disability.
37Â
Harassment in education
                  It is unlawful for a person who is a
member of the staff of an educational institution to harass another person who:
                    (a) is a student at that educational
institution or is seeking admission to that educational institution as a
student; and
                    (b) has a disability;
in relation to the disability.
39Â
Harassment in relation to the provision of goods and services
                  It is unlawful for a person who, whether
for payment or not, provides goods or services, or makes facilities available,
to harass another person who:
                    (a) wants to acquire the goods or
services or to make use of the facilities; and
                    (b) has a disability;
in relation to the disability.
Division 4—Offences
41Â
Unlawful act not offence unless expressly so provided
                  Except as expressly provided by this
Division, nothing in this Act makes it an offence to do an act that is unlawful
because of a provision of this Part.
42Â
Victimisation
            (1) It is an offence for a person to commit
an act of victimisation against another person.
Penalty:Â Imprisonment for 6 months.
            (2) For the purposes of subsection (1),
a person is taken to commit an act of victimisation against another person if
the first‑mentioned person subjects, or threatens to subject, the other
person to any detriment on the ground that the other person:
                    (a) has made, or proposes to make, a
complaint under this Act or the Australian Human Rights Commission Act 1986;
or
                    (b) has brought, or proposes to bring,
proceedings under this Act or the Australian Human Rights Commission Act
1986 against any person; or
                    (c) has given, or proposes to give,
any information, or has produced, or proposes to produce, any documents to a
person exercising or performing any power or function under this Act or the Australian
Human Rights Commission Act 1986; or
                    (d) has attended, or proposes to
attend, a conference held under this Act or the Australian Human Rights
Commission Act 1986; or
                    (e) has appeared, or proposes to
appear, as a witness in a proceeding under this Act or the Australian Human
Rights Commission Act 1986; or
                     (f) has
reasonably asserted, or proposes to assert, any rights of the person or the
rights of any other person under this Act or the Australian Human Rights
Commission Act 1986; or
                    (g) has made an allegation that a
person has done an act that is unlawful by reason of a provision of this Part;
or on the ground that the first‑mentioned person
believes that the other person has done, or proposes to do, an act or thing
referred to in any of paragraphs (a) to (g) (inclusive).
43Â
Offence to incite doing of unlawful acts or offences
                  It is an offence for a person:
                    (a) to incite the doing of an act that
is unlawful under a provision of Division 1, 2, 2A or 3; or
                    (c) to assist or promote whether by
financial assistance or otherwise the doing of such an act.
Penalty:Â Imprisonment for 6 months.
44Â
Advertisements
            (1) It is an offence for a person to publish
or display, or cause or permit to be published or displayed, an advertisement
or notice that indicates, or could reasonably be understood as indicating, an
intention by that person to do an act that is unlawful under a provision of
Division 1, 2, 2A or 3.
Penalty:Â 10 penalty units.
            (2) For the purposes of subsection (1),
advertisement includes every form of advertisement or notice, whether
to the public or not, and whether in a newspaper or other publication, by
television or radio, by display of notices, signs, labels, show cards or goods,
by distribution of samples, circulars, catalogues, price lists or other
material, by exhibition of pictures, models or films or in any other way, and
the reference in that subsection to publish or display, in relation to an
advertisement, is to be construed accordingly.
Division 5—Exemptions
45Â
Special measures
            (1) This Part does not render it unlawful to
do an act that is reasonably intended to:
                    (a) ensure that persons who have a
disability have equal opportunities with other persons in circumstances in
relation to which a provision is made by this Act; or
                    (b) afford persons who have a
disability or a particular disability, goods or access to facilities, services
or opportunities to meet their special needs in relation to:
                             (i) employment, education,
accommodation, clubs or sport; or
                            (ii) the provision of
goods, services, facilities or land; or
                           (iii) the making available
of facilities; or
                           (iv) the administration of
Commonwealth laws and programs; or
                            (v) their capacity to live independently;
or
                    (c) afford persons who have a
disability or a particular disability, grants, benefits or programs, whether
direct or indirect, to meet their special needs in relation to:
                             (i) employment, education,
accommodation, clubs or sport; or
                            (ii) the provision of
goods, services, facilities or land; or
                           (iii) the making available
of facilities; or
                           (iv) the administration of
Commonwealth laws and programs; or
                            (v) their capacity to live
independently.
            (2) However, subsection (1) does not
apply:
                    (a) in relation to discrimination in
implementing a measure referred to in that subsection if the discrimination is
not necessary for implementing the measure; or
                    (b) in relation to the rates of salary
or wages paid to persons with disabilities.
Note:Â Â Â Â Â Â Â Â Â For discrimination in relation to the rates of
salary or wages paid to persons with disabilities, see paragraphs 47(1)(c) and
(d).
46Â
Superannuation and insurance
            (1) This Part does not render it unlawful for
a person to discriminate against another person, on the ground of the other
person’s disability, by refusing to offer the other person:
                    (a) an annuity; or
                    (b) a life insurance policy; or
                    (c) a policy of insurance against
accident or any other policy of insurance; or
                    (d) membership of a superannuation or
provident fund; or
                    (e) membership of a superannuation or
provident scheme;
if:
                     (f) the discrimination:
                             (i) is based upon
actuarial or statistical data on which it is reasonable for the first‑mentioned
person to rely; and
                            (ii) is reasonable having
regard to the matter of the data and other relevant factors; or
                    (g) 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) This Part does not render it unlawful for
a person to discriminate against another person, on the ground of the other
person’s disability, in respect of the terms or conditions on which:
                    (a) an annuity; or
                    (b) a life insurance policy; or
                    (c) a policy of insurance against
accident or any other policy of insurance; or
                    (d) membership of a superannuation or
provident fund; or
                    (e) membership of a superannuation or
provident scheme;
is offered to, or may be obtained by, the other person,
if:
                     (f) the discrimination:
                             (i) is based upon
actuarial or statistical data on which it is reasonable for the first‑mentioned
person to rely; and
                            (ii) is reasonable having
regard to the matter of the data and other relevant factors; or
                    (g) 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.
47Â
Acts done under statutory authority
            (1) This Part does not render unlawful
anything done by a person in direct compliance with:
                    (b) an order of a court; or
                    (c) an instrument (an industrial
instrument) that is:
                             (i) a fair work instrument
(within the meaning of the Fair Work Act 2009); or
                            (ii) a transitional
instrument or Division 2B State instrument (within the meaning of the Fair
Work (Transitional Provisions and Consequential Amendments) Act 2009);
                           to the extent to which the
industrial instrument has specific provisions relating to the payment of rates
of salary or wages to persons, in circumstances in which:
                           (iii) if the persons were
not in receipt of the salary or wages, they would be eligible for a disability
support pension; and
                           (iv) the salary or wages are
determined by reference to the capacity of the person; or
                    (d) an order, award or determination
of a court or tribunal having power to fix minimum wages, to the extent to
which the order, award or determination has specific provisions relating to the
payment of rates of salary or wages to persons, in circumstances in which:
                             (i) if the persons were
not in receipt of the salary or wages, they would be eligible for a disability
support pension; and
                            (ii) the salary or wages
payable to each person are determined by reference to the capacity of that
person.
Note:Â Â Â Â Â Â Â Â Â A person does not comply with an industrial
instrument for the purpose of this subsection if that person purports to comply
with a provision of that instrument that has no effect. Accordingly, the
exemption under this subsection for acting in direct compliance with such an
instrument would not apply in such circumstances.
            (2) This Part does not render unlawful
anything done by a person in direct compliance with a prescribed law.
            (4) In subsection (1):
disability support pension has the same
meaning as in the Social Security Act 1991.
            (5) In subsection (2):
law means:
                    (a) a law of the Commonwealth or of a
State or Territory; or
                    (b) regulations or any other
instrument made under such a law.
Note:Â Â Â Â Â Â Â Â Â See also subsection 98(6B) of the Civil
Aviation Act 1988, which allows regulations made under that Act to contain
provisions that are inconsistent with this Act if the inconsistency is
necessary for the safety of air navigation.
48Â
Infectious diseases
                  This Part does not render it unlawful
for a person to discriminate against another person on the ground of the other
person’s disability if:
                    (a) the person’s disability is an
infectious disease; and
                    (b) the discrimination is reasonably
necessary to protect public health.
Note:Â Â Â Â Â Â Â Â Â For discrimination in relation to an
assistance animal that has an infectious disease, see subsection 54A(4).
49Â
Exemption for charities
            (1) This Part does not:
                    (a) affect a provision in a charitable
instrument that confers charitable benefits, or enables charitable benefits to
be conferred, wholly or in part on persons who have a disability or a
particular disability; or
                    (b) render unlawful any act done to
give effect to such provision.
            (2) In this section:
Australia includes the external Territories.
charitable benefits means benefits for
purposes that are exclusively charitable according to the law in force in any
part of Australia.
charitable instrument means a deed, will or
other document, whether made before or after the commencement of this Act, that
confers charitable benefits or enables charitable benefits to be conferred on
persons.
51Â
Pensions and allowances
            (1) This Part does not affect discriminatory
provisions relating to pensions, allowances or benefits in:
                    (a) the Defence Service Homes Act
1918; or
                    (b) the Papua New Guinea
(Member of the Forces Benefits) Act 1957; or
                    (d) the Social Security Act 1991;
or
                    (e) the Veterans’ Affairs
Legislation Amendment Act 1988; or
                     (f) the Veterans’ Entitlements Act
1986; or
                    (g) the Veterans’ Entitlements
(Transitional Provisions and Consequential Amendments) Act 1986; or
                    (h) the Military Rehabilitation and
Compensation Act 2004; or
                     (i) the Military Rehabilitation
and Compensation (Consequential and Transitional Provisions) Act 2004; or
                     (j) the Safety, Rehabilitation and
Compensation Act 1988 so far as that Act applies to defence‑related
claims mentioned in Part XI of that Act.
            (2) This Part does not render unlawful
anything done by a person in direct compliance with a provision referred to in subsection (1).
52Â
Migration
                  Divisions 1, 2 and 2A do not:
                    (a) affect discriminatory provisions
in:
                             (i) the Migration Act
1958; or
                            (ii) a legislative
instrument made under that Act; or
                    (b) render unlawful anything that is
permitted or required to be done by that Act or instrument.
53Â
Combat duties and peacekeeping services
            (1) This Part does not render it unlawful for
a person to discriminate against another person on the ground of the other
person’s disability in connection with employment, engagement or appointment in
the Defence Force:
                    (a) in a position involving the performance
of combat duties, combat‑related duties or peacekeeping service; or
                    (b) in prescribed circumstances in
relation to combat duties, combat‑related duties or peacekeeping service;
or
                    (c) in a position involving the
performance of duties as a chaplain or a medical support person in support of
forces engaged or likely to be engaged in combat duties, combat‑related
duties or peacekeeping service.
            (2) In this section:
combat duties means such duties as are
declared by the regulations to be combat duties for the purposes of this
section.
combat‑related duties means such duties
as are declared by the regulations to be combat‑related duties for the
purposes of this section.
medical support person means:
                    (a) a person exclusively engaged in
the search for, or the collection, transport or treatment of, the wounded or
sick, or in the prevention of disease; or
                    (b) a person exclusively engaged in
the administration of medical units and establishments.
peacekeeping service has the same meaning as
in the Veterans’ Entitlements Act 1986.
54Â
Peacekeeping services by the AFP
            (1) This Part does not render it unlawful for
a person to discriminate against another person on the ground of the other
person’s disability in connection with selection for peacekeeping duties as
part of a Peacekeeping Force.
            (2) In this section:
AFP means the Australian Federal Police.
Peacekeeping Force means a force raised or
organised for the purpose of peacekeeping in an area outside Australia.
54AÂ
Assistance animals
            (1) This section applies in relation to a
person with a disability who has an assistance animal.
Note:Â Â Â Â Â Â Â Â Â For when a person with a disability has
an assistance animal, see subsections 9(2) and (4).
            (2) This Part does not render it unlawful for
a person to request or to require that the assistance animal remain under the
control of:
                    (a) the person with the disability; or
                    (b) another person on behalf of the
person with the disability.
            (3) For the purposes of subsection (2),
an assistance animal may be under the control of a person even if it is not
under the person’s direct physical control.
            (4) This Part does not render it unlawful for
a person (the discriminator) to discriminate against the person
with the disability on the ground of the disability, if:
                    (a) the discriminator reasonably
suspects that the assistance animal has an infectious disease; and
                    (b) the discrimination is reasonably
necessary to protect public health or the health of other animals.
            (5) This Part does not render it unlawful for
a person to request the person with the disability to produce evidence that:
                    (a) the animal is an assistance
animal; or
                    (b) the animal is trained to meet
standards of hygiene and behaviour that are appropriate for an animal in a
public place.
            (6) This Part does not render it unlawful for
a person (the discriminator) to discriminate against the person
with the disability on the ground that the person with the disability has the
assistance animal, if:
                    (a) the discriminator requests or
requires the person with the disability to produce evidence referred to in
subsection (5); and
                    (b) the person with the disability
neither:
                             (i) produces evidence that
the animal is an assistance animal; nor
                            (ii) produces evidence that
the animal is trained to meet standards of hygiene and behaviour that are
appropriate for an animal in a public place.
            (7) This Part does not affect the liability
of a person for damage to property caused by an assistance animal.
55Â
Commission may grant exemptions
            (1) The Commission may, on application by:
                    (a) a person:
                             (i) on that person’s own
behalf; or
                            (ii) on behalf of that
person and another person or other persons; or
                           (iii) on behalf of another
person or other persons; or
                    (b) 2 or more persons:
                             (i) on their own behalf;
or
                            (ii) on behalf of
themselves and another person or other persons; or
                           (iii) on behalf of another
person or other persons;
by instrument grant to the person or persons to whom the
application relates, as the case may be, an exemption from the operation of a
provision of Division 1 or 2, as specified in the instrument.
            (2) The Commission may, on application by a
person to, or in respect of, whom an exemption from a provision of Division 1
or 2 has been granted under subsection (1), being an application made
before the expiration of the period to which the exemption was granted, grant a
further exemption from the operation of that provision.
            (3) An exemption granted under subsection (1),
or further exemption, from the operation of a provision of Division 1 or
2:
                    (a) may be granted subject to such
terms and conditions as are specified in the instrument; and
                    (b) may be expressed to apply only in
such circumstances, or in relation to such activities, as are specified in the
instrument; and
                    (c) are to be granted for a specified
period not exceeding 5 years.
56Â
Review by Administrative Appeals Tribunal
                  Applications may be made to the
Administrative Appeals Tribunal for a review of decisions made by the
Commission under section 55.
57Â
Notice of decisions to be published
            (1) The Commission, not later than one month
after it makes a decision under section 55, is to cause to be published in
the Gazette a notice of the making of the decision:
                    (a) setting out its findings on
material questions of facts; and
                    (b) referring to the evidence on which
those findings were based; and
                    (c) giving the reasons for the making
of the decision; and
                    (d) containing a statement to the
effect that, subject to the Administrative Appeals Tribunal Act 1975,
application may be made to the Administrative Appeals Tribunal for a review of
the decision to which the notice relates by or on behalf of any person or
persons whose interests are affected by the decision.
            (2) Any failure to comply with the
requirements of subsection (1) in relation to a decision does not affect
the validity of the decision.
58Â
Effect of exemptions
                  This Part does not render it unlawful
for a person who has been granted an exemption from a provision of Division 1
or 2, or a person in the employment or under the direction or control of a
person who has been granted such an exemption, to do an act in accordance with
the provisions of the instrument by which the exemption was granted.
Part 3—Action plans
59Â
Scope
                  This Part applies in relation to a
person (the action planner) who, under Part 2, is prohibited
from discriminating against another person on the ground of a disability of the
other person.
60Â
Action plans
                  The action planner may prepare and
implement an action plan.
61Â
Provisions of action plans
                  The action plan must include provisions
relating to:
                    (a) the devising of policies and
programs to achieve the objects of this Act; and
                    (b) the communication of these
policies and programs to persons within the action planner; and
                    (c) the review of practices within the
action planner with a view to the identification of any discriminatory
practices; and
                    (d) the setting of goals and targets,
where these may reasonably be determined against which the success of the plan
in achieving the objects of the Act may be assessed; and
                    (e) the means, other than those
referred to in paragraph (d), of evaluating the policies and programs
referred to in paragraph (a); and
                     (f) the appointment of persons within
the action planner to implement the provisions referred to in paragraphs (a)
to (e) (inclusive).
62Â
Action plans may have other provisions
                  The action plan may include provisions,
other than those referred to in section 61, that are not inconsistent with
the objects of this Act.
63Â
Amendment of action plans
                  The action planner may, at any time,
amend the action plan.
64Â
Action plans may be given to Commission
            (1) The action planner may give a copy of the
action plan, or of any amendments to the action plan, to the Commission.
            (2) If the action planner does so, the
Commission must make the copy available to the public.
Part 4—Functions of the Australian Human Rights Commission
Division 1—Preliminary
67Â Functions
of the Commission
            (1) The following functions are conferred on
the Commission:
                    (c) to exercise the powers conferred
on it by section 55;
                    (d) to report to the Minister on
matters relating to the development of disability standards;
                    (e) to monitor the operation of such
standards and report to the Minister the results of such monitoring;
                     (f) to receive action plans under
section 64;
                    (g) to promote an understanding and
acceptance of, and compliance with, this Act;
                    (h) to undertake research and
educational programs, and other programs, on behalf of the Commonwealth for the
purpose of promoting the objects of this Act;
                     (i) to examine enactments, and (when
requested to do so by the Minister) proposed enactments, for the purpose of
ascertaining whether the enactments or proposed enactments are, or would be,
inconsistent with or contrary to the objects of this Act, and to report to the
Minister the results of any such examination;
                     (j) on its own initiative or when
requested by the Minister, to report to the Minister as to the laws that should
be made by the Parliament, or action that should be taken by the Commonwealth,
on matters relating to discrimination on the ground of disability;
                    (k) to prepare, and to publish in such
manner as the Commission considers appropriate, guidelines for the avoidance of
discrimination on the ground of disability;
                     (l) where the Commission thinks it appropriate
to do so, with the leave of the court hearing the proceedings and subject to
any conditions imposed by the court, to intervene in proceedings that involve
issues of discrimination on the ground of disability;
                   (m) to do anything incidental or conducive
to the performance of any of the preceding functions.
Note:Â Â Â Â Â Â Â Â Â For the provisions about inquiries into
complaints of discrimination and conciliation of those complaints: see Part IIB
of the Australian Human Rights Commission Act 1986.
            (2) The Commission is not to regard an
enactment or proposed enactment as being inconsistent with or contrary to the
objects of this Act for the purposes of paragraph (1)(i) because of a
provision of the enactment or proposed enactment that is included for the
purpose referred to in subsection 45(1) (special measures).
Part 5—Other offences
107Â
Failure to provide actuarial data or statistical data
            (1) If a person has engaged in an act of
discrimination that would, apart from section 46, be unlawful, the
President or the Commission may, by notice in writing served on the person as
prescribed, require the person within 28 days after service of the notice on
the person, to disclose to the President or to the Commission, as the case may
be, the source of the actuarial or statistical data on which the act of
discrimination was based and, where the President or the Commission, as the
case may be, makes such a requirement of a person, the person must not fail to
comply with the requirement.
Penalty:Â 10 penalty units.
         (1A) Subsection (1) does not apply if the
person has a reasonable excuse.
Note:Â Â Â Â Â Â Â Â Â A defendant bears an evidential burden in
relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal
Code).
         (1B) Subsection (1) is an offence of strict
liability.
Note:Â Â Â Â Â Â Â Â Â For strict liability, see
section 6.1 of the Criminal Code.
            (2) Subsection 4K (2) of the Crimes Act
1914 does not apply to this section.
Part 6—Disability Discrimination Commissioner
113Â
Disability Discrimination Commissioner
            (1) There is to be a Disability
Discrimination Commissioner, who is to be appointed by the Governor‑General.
            (2) A person is not qualified to be appointed
as the Disability Discrimination Commissioner unless the Minister is satisfied
that the person has appropriate qualifications, knowledge or experience.
114Â
Terms and conditions of appointment
            (1) Subject to this section, the Commissioner
holds office for such period, not exceeding 7 years, as is specified in the
instrument of the person’s appointment, but is eligible for re‑appointment.
            (2) The Commissioner holds office on such
terms and conditions (if any) in respect of matters not provided for by this
Act as are determined by the Governor‑General.
115Â
Remuneration of Commissioner
            (1) The Commissioner is to be paid such
remuneration as is determined by the Remuneration Tribunal, but, if no
determination of that remuneration by the Remuneration Tribunal is in
operation, the Commissioner is to be paid such remuneration as is prescribed.
            (2) The Commissioner is to be paid such
allowances as are prescribed.
            (3) This section has effect subject to the
Remuneration Tribunal Act 1973.
116Â
Leave of absence
            (1) The Commissioner has such recreation
leave entitlements as are determined by the Remuneration Tribunal.
            (2) The Minister may grant the Commissioner
leave of absence, other than recreation leave, on such terms and conditions as
to remuneration or otherwise as the Minister determines.
117Â
Outside employment
                  The Commissioner must not, except with
the approval of the Minister, engage in paid employment outside the duties of
the office of Commissioner.
118Â
Resignation
                  The Commissioner may resign from the
office of Commissioner by writing given to the Governor‑General.
119Â
Termination of appointment
            (1) The Governor‑General may terminate
the appointment of the Commissioner because of:
                    (a) misbehaviour; or
                    (b) a disability which renders the
Commissioner incapable of performing the inherent requirements of the office.
            (2) The Governor‑General must terminate
the appointment of the Commissioner if the Commissioner:
                    (a) becomes bankrupt, applies to take
the benefit of any law for the relief of bankrupt or insolvent debtors,
compounds with creditors or makes an assignment of remuneration for their
benefit; or
                    (b) is absent from duty, except on
leave of absence, for 14 consecutive days or for 28 days in any period of 12
months; or
                    (c) engages in paid employment outside
the duties of the office of Commissioner otherwise than with the approval of
the Minister.
120Â
Acting Commissioner
            (1) The Minister may appoint a person to act
as Commissioner:
                    (a) during a vacancy in the office of
Commissioner, whether or not an appointment has previously been made to the
office; or
                    (b) during any period, or during all
periods, when the Commissioner is absent from duty or from Australia, or is,
for any other reason, unable to perform the functions of the office of
Commissioner.
            (2) The validity of anything done by a person
purporting to act under an appointment made under subsection (1) is not to
be called in question on the ground that:
                    (a) the occasion for the person’s
appointment had not arisen; or
                    (b) there is a defect or irregularity
in or in connection with the appointment; or
                    (c) the appointment had ceased to have
effect; or
                    (d) the occasion for the person to act
had not arisen or had ceased.
Part 7—Miscellaneous
121Â
Delegation
            (1) The Commission may, by writing under its
seal, delegate to:
                    (a) a member of the Commission; or
                    (b) the Commissioner; or
                    (c) a member of the staff of the
Commission; or
                    (d) another person or body of persons;
all or any of the powers conferred on the Commission under
this Act, other than powers in connection with the performance of the functions
that, under section 67, are to be performed by the Commissioner on behalf
of the Commission.
            (2) The Commissioner may, by writing signed
by the Commissioner, delegate to:
                    (a) a member of the staff of the
Commission; or
                    (b) any other person or body of
persons;
approved by the Commission, all or any of the powers
exercisable by the Commissioner under this Act.
122Â
Liability of persons involved in unlawful acts
                  A person who causes, instructs, induces,
aids or permits another person to do an act that is unlawful under Division 1,
2, 2A or 3 of Part 2 is, for the purposes of this Act, taken also to have
done the act.
123Â
Conduct by directors, servants and agents
            (1) If, for the purposes of this Act, it is
necessary to establish the state of mind of a body corporate in relation to
particular conduct, it is sufficient to show:
                    (a) that the conduct was engaged in by
a director, servant or agent of the body corporate within the scope of his or
her actual or apparent authority; and
                    (b) that the director, servant or
agent had the state of mind.
            (2) Any conduct engaged in on behalf of a
body corporate by a director, servant or agent of the body corporate within the
scope of his or her actual or apparent authority is taken, for the purposes of
this Act, to have been engaged in also by the body corporate unless the body
corporate establishes that the body corporate took reasonable precautions and
exercised due diligence to avoid the conduct.
            (3) If, for the purposes of this Act, it is
necessary to establish the state of mind of a person other than a body
corporate in relation to a particular conduct, it is sufficient to show:
                    (a) that the conduct was engaged in by
a servant or agent of the person within the scope of his or her actual or
apparent authority; and
                    (b) that the servant or agent had the state
of mind.
            (4) Any conduct engaged in on behalf of a
person other than a body corporate by a servant or agent of the person within
the scope of his or her actual or apparent authority is taken, for the purposes
of this Act, to have been engaged in also by the first‑mentioned person
unless the first‑mentioned person establishes that the first‑mentioned
person took reasonable precautions and exercised due diligence to avoid the
conduct.
            (5) If:
                    (a) a person other than a body
corporate is convicted of an offence; and
                    (b) the person would not have been
convicted of the offence if subsections (3) and (4) had not been enacted;
the person is not liable to be punished by imprisonment
for that offence.
            (7) A reference in subsection (1) or (3)
to the state of mind of a person includes a reference to:
                    (a) the knowledge, intention, opinion,
belief or purpose of the person; and
                    (b) the person’s reasons for the
intention, opinion, belief or purpose.
            (8) A reference in this section to a director
of a body corporate includes a reference to a constituent member of a body
corporate incorporated for a public purpose by a law of the Commonwealth, of a
State or of a Territory.
            (9) A reference in this section to engaging
in conduct includes a reference to failing or refusing to engage in conduct.
124Â
Commonwealth taken to be employer
                  For the purposes of this Act, the
Commonwealth is taken to be the employer of all Commonwealth employees.
125Â
Unlawful act not basis of civil action unless expressly so provided
            (1) This Act does not confer on a person a
right of action in respect of the doing of an act that is unlawful under a
provision of Part 2 unless a provision of this Act expressly provides
otherwise.
            (2) For the purposes of subsection (1),
a reference to an act that is unlawful under a provision of Part 2
includes a reference to an act that is an offence under a provision of Division 4
of that Part.
126Â
Protection from civil actions
         (1A) Subsection (1) applies in relation to
any of the following persons:
                    (a) the Commission;
                    (b) the Commissioner or another member
of the Commission;
                    (c) a person acting under the
direction or authority of:
                             (i) the Commission; or
                            (ii) the Commissioner or
another member of the Commission;
                    (d) a person acting under a delegation
under section 121.
            (1) The person is not liable to an action or
other proceeding for damages for or in relation to an act done, or omitted to
be done, in good faith in the performance, or purported performance, of any
function, or in the exercise or purported exercise of any power or authority,
conferred on the Commission, the Commissioner or the other member of the
Commission.
            (2) If a submission has been made, a document
or information has been given, or evidence has been given, to the Commission or
the Commissioner, a person is not liable to an action, suit or other proceeding
in respect of loss, damage or injury of any kind suffered by another person
because only that submission was made, the document or information was given or
the evidence was given.
127Â
Non‑disclosure of private information
            (1) A person who is, or has at any time been,
the Commissioner, a member of the Commission or a member of the staff assisting
the Commission or is, or has at any time been, authorised to perform or
exercise any function or power of the Commission or the Commissioner or any
function or power on behalf of the Commission or the Commissioner, being a
function or power conferred on the Commission or on the Commissioner under this
Act, must not, either directly or indirectly:
                    (a) make a record of, or divulge or
communicate to any person, any information relating to the affairs of another
person acquired by the first‑mentioned person because of that person’s
office of employment under or for the purposes of this Act or because of that
person being or having been so authorised; or
                    (b) make use of any such information
as is mentioned in paragraph (a); or
                    (c) produce to any person a document
relating to the affairs of another person given for the purposes of this Act.
Penalty:Â Imprisonment for 2 years.
            (2) A person who is, or has at any time been,
the Commissioner, a member of the Commission or a member of the staff assisting
the Commission or is, or has at any time been, authorised to perform or
exercise any function or power of the Commission or the Commissioner or any
function or power on behalf of the Commission or the Commissioner, being a
function or power conferred on the Commission or on the Commissioner under this
Act, must not be required:
                    (a) to divulge or communicate to a
court any information relating to the affairs of another person acquired by the
first‑mentioned person because of that person’s office or employment
under or for the purposes of this Act or because of that person being or having
been so authorised; or
                    (b) to produce in a court a document
relating to the affairs of another person of which the first‑mentioned
person has custody, or to which that person has access, because of that
person’s office or employment under or for the purposes of this Act or because
of that person being or having been so authorised;
except where it is necessary to do so for the purposes of
this Act.
            (3) This section does not prohibit a person
from:
                    (a) making a record of information
that is required or permitted by an Act to be recorded, if the record is made
for the purposes of or under that Act; or
                    (b) divulging or communicating
information, or producing a document, to any person in accordance with an
arrangement in force under section 16 of the Australian Human Rights
Commission Act 1986; or
                    (c) divulging or communicating
information, or producing a document that is required or permitted by an Act to
be divulged, communicated or produced as the case may be, if the information is
divulged or communicated, or the document is produced, for the purposes of or
under that Act.
Note:Â Â Â Â Â Â Â Â Â A defendant bears an evidential burden in
relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal
Code).
         (3A) Subsection (1) does not prevent a
person from making a record of, divulging, communicating or making use of
information, or producing a document, if the person does so:
                    (a) in the performance of a duty under
or in connection with this Act; or
                    (b) in the performance or exercise of
a function or power conferred on the Commission or on the Commissioner under
this Act.
Note:Â Â Â Â Â Â Â Â Â A defendant bears an evidential burden in
relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal
Code).
            (4) Subsection (2) does not prevent a
person from being required, for the purposes of or under an Act, to divulge or
communicate information, or to produce a document, that is required or
permitted by that Act to be divulged, communicated or produced.
            (5) In this section:
court includes any tribunal, authority or person
having power to require the production of documents or the answering of
questions.
produce includes permit access to.
128Â
Information stored otherwise than in written form
                  If information is recorded or stored by
means of a mechanical, electronic or other device, any duty imposed by this Act
to produce the document recording that information is to be construed as a duty
to provide a document containing a clear reproduction in writing of the
information.
129Â
Commissioner to give information
                  The Commissioner must give to the
Commission such information relating to the operations of the Commissioner
under this Act as the Commission from time to time requires.
131Â
Courts to ensure just terms
            (1) In any case where, but for this section,
the application of any of the provisions of this Act would result in an
acquisition of property from any person having been made otherwise than on just
terms, the person is entitled to such compensation from the Commonwealth as is
necessary to ensure that the acquisition is made on just terms.
            (2) The Federal Court has jurisdiction with
respect to matters arising under subsection (1) and that jurisdiction is
exclusive of the jurisdiction of all other courts, other than jurisdiction of
the High Court under section 75 of the Constitution.
132Â
Regulations
            (1) The Governor‑General may make
regulations prescribing matters:
                    (a) required or permitted by this Act
to be prescribed; or
                    (b) necessary or convenient to be
prescribed for carrying out or giving effect to this Act.
         (1A) Without limiting the generality of subsection (1),
the Governor‑General may make regulations for the purposes of subsection
55(1C) prescribing a body as a body that the Commission must consult in
relation to all or specified kinds of public transportation services or
facilities.
            (2) Before making any regulations for the
purposes of section 47, the Governor‑General is to take into
consideration any comments made to the Minister by a Minister of a State or
Territory who is responsible for matters relating to disability discrimination.
Table A
Application, saving or transitional provisions
Human
Rights Legislation Amendment Act (No. 1) 1999 (No. 133, 1999)
4Â
Interpretation
                  In this Part:
appropriate Commissioner means:
                    (a) in relation to a complaint lodged
under the old DDA—the Disability Discrimination Commissioner; and
                    (b) in relation to a complaint lodged
under the old RDA—the Race Discrimination Commissioner; and
                    (c) in relation to a complaint lodged
under the old SDA—the Sex Discrimination Commissioner.
Court means the Federal Court of Australia.
holding of an inquiry means a holding of an
inquiry referred to in a notice given under:
                    (a) section 83 of the old DDA; or
                    (b) section 25E of the old RDA;
or
                    (c) section 63 of the old SDA.
new HREOCA means the Human Rights and
Equal Opportunity Commission Act 1986 as amended by Schedule 1 to this
Act.
old DDA means the Disability
Discrimination Act 1992 before being amended by Schedule 1 to this
Act.
old RDA means the Racial Discrimination
Act 1975 before being amended by Schedule 1 to this Act.
old SDA means the Sex Discrimination Act
1984 before being amended by Schedule 1 to this Act.
purported complaint means a document
purporting to be a complaint.
starting day means the day on which this Part
commences.
5Â
Purported complaint lodged but no decision as to whether it is a complaint
            (1) A purported complaint is treated in the
way set out in subsection (2) if, before the starting day:
                    (a) it was lodged with the Commission;
and
                    (b) the Commission had not decided
whether it was a complaint within the meaning of the old DDA, old RDA or old
SDA.
            (2) On the starting day:
                    (a) the purported complaint is taken
to have been lodged under section 46P of the new HREOCA; and
                    (b) the Commission must then decide
whether it is a complaint within the meaning of the new HREOCA.
6Â
Administrative appeal on Commission’s decision as to whether complaint
            (1) A purported complaint is treated in the
way set out in subsection (2) if:
                    (a) before the starting day, the
Commission decided that it was, or was not, a complaint within the meaning of
the old DDA, old RDA or old SDA; and
                    (b) on or after the starting day, the
Court makes an order under the Administrative Decisions (Judicial Review)
Act 1977 to refer the matter to which the decision relates to the
Commission for further consideration.
            (2) On the day on which the order is made:
                    (a) the purported complaint is taken
to have been lodged under section 46P of the new HREOCA; and
                    (b) the Commission must then decide
whether it is a complaint within the meaning of the new HREOCA.
7Â
Complaint lodged but Commissioner not notified of it
            (1) A purported complaint is treated in the
way set out in subsection (2) if, before the starting day:
                    (a) it was lodged with the Commission;
and
                    (b) the Commission decided that it was
a complaint within the meaning of the old DDA, old RDA or old SDA; and
                    (c) the Commission had not notified
the appropriate Commissioner of it.
            (2) On the starting day:
                    (a) the purported complaint is taken
to have been lodged under section 46P of the new HREOCA; and
                    (b) the Commission is taken to have
decided that it is a complaint within the meaning of the new HREOCA.
8Â
Commissioner notified of complaint but had not decided to dismiss or refer it
            (1) A complaint is treated in the way set out
in subsection (2) if, before the starting day:
                    (a) the Commission had notified the
appropriate Commissioner of the complaint; and
                    (b) the appropriate Commissioner had
not made a decision not to inquire, or not to continue to inquire, into the
complaint; and
                    (c) the appropriate Commissioner had
not referred the complaint to the Commission.
            (2) On the starting day, the complaint is
taken to have been referred to the President under section 46PD of the new
HREOCA.
9Â
Commissioner decided to dismiss complaint
            (1) A complaint is treated in the way set out
in subsection (2) if:
                    (a) before the starting day, the
appropriate Commissioner decided not to inquire, or not to continue to inquire,
into the complaint; and
                    (b) on the starting day, the
complainant could have required the appropriate Commissioner to:
                             (i) refer the complaint to
the President under section 71 of the old DDA if that section had not been
repealed by this Act; or
                            (ii) refer the Commissioner’s
decision to the President, or refer the complaint to the Commission, under
section 24 of the old RDA if that section had not been repealed by this
Act; or
                           (iii) refer the
Commissioner’s decision to the President, or refer the complaint to the
Commission, under section 52 of the old SDA if that section had not been
repealed by this Act.
            (2) On the starting day, the President is
taken to have terminated the complaint under section 46PH of the new
HREOCA.
Note:Â Â Â Â Â Â Â Â Â The President is required to give a notice of
termination of the complaint under section 14 of this Act.
10Â
Presidential review of Commissioner’s decision to dismiss complaint
            (1) A complaint is treated in the way set out
in subsection (2) if, before the starting day:
                    (a) the appropriate Commissioner
decided not to inquire, or not to continue to inquire, into the complaint; and
                    (b) the complainant required the
appropriate Commissioner to refer the complaint, or the Commissioner’s
decision, to the President; and
                    (c) the President had not made a
decision under whichever of the following sections is applicable:
                             (i) section 101 of
the old DDA;
                            (ii) section 24AA of
the old RDA;
                           (iii) section 52A of
the old SDA.
            (2) On the starting day, the President is
taken to have terminated the complaint under section 46PH of the new
HREOCA.
Note:Â Â Â Â Â Â Â Â Â The President is required to give a notice of
termination of the complaint under section 14 of this Act.
11Â
Administrative review of President’s decision
            (1) A complaint is treated in the way set out
in subsection (2) if:
                    (a) before the starting day, the
President made a decision in relation to the complaint under:
                             (i) section 101 of
the old DDA; or
                            (ii) section 24AA of
the old RDA; or
                           (iii) section 52A of
the old SDA; and
                    (b) on or after the starting day, the
Court makes an order under the Administrative Decisions (Judicial Review)
Act 1977 to refer the matter to which the decision relates to the
Commission for further consideration.
            (2) On the day the order is made, the
President is taken to have terminated the complaint under section 46PH of
the new HREOCA.
Note:Â Â Â Â Â Â Â Â Â The President is required to give a notice of
termination of the complaint under section 14 of this Act.
12Â
Complaint referred to Commission but inquiry not started
            (1) A complaint is treated in the way set out
in subsection (2) if, before the starting day:
                    (a) the appropriate Commissioner
referred the complaint to the Commission; and
                    (b) a holding of an inquiry into the
complaint had not started under the old DDA, old RDA or old SDA; and
                    (c) the complaint had not been
withdrawn under whichever of the following sections is applicable:
                             (i) section 79 of the
old DDA;
                            (ii) section 25A of
the old RDA;
                           (iii) section 59 of the
old SDA.
            (2) On the starting day, the President is
taken to have terminated the complaint under section 46PH of the new
HREOCA.
Note:Â Â Â Â Â Â Â Â Â The President is required to give a notice of
termination of the complaint under section 14 of this Act.
13Â
Inquiry started
            (1) A complaint is treated in the way set out
in subsection (2) if, before the starting day:
                    (a) a holding of an inquiry into the
complaint had started under the old DDA, old RDA or old SDA; and
                    (b) the complaint had not been
withdrawn under whichever of the following sections is applicable:
                             (i) section 79 of the
old DDA;
                            (ii) section 25A of
the old RDA;
                           (iii) section 59 of the
old SDA.
            (2) The amendments made by Schedule 1 to
this Act do not apply in relation to the complaint.
14Â
Notice of termination
            (1) If the President is taken to have
terminated a complaint under section 9, 10, 11 or 12, then the President
must notify the complainants in writing of the termination and the reasons for
the termination.
            (2) Subsection (1) does not apply if all
the complainants requested the appropriate Commissioner not to inquire into the
complaint.
            (3) The President must give a person a copy
of the notice that was given to the complainants under subsection (1) if:
                    (a) the person was a person on whose
behalf the complaint was lodged; and
                    (b) the person requested the President
for a copy of the notice.
            (4) The President is not required to notify
any person under section 46PH of the new HREOCA.
15Â
Work done by Commissioner is taken to have been done by President
                  Any thing done, or information obtained,
by the appropriate Commissioner in relation to a complaint that is referred to
the President under section 8 is taken to have been done or obtained by
the President.
16Â
Special rules apply to proceedings to enforce a determination
                  Sections 46PQ, 46PR and 46PT of the
new HREOCA apply for the purposes of proceedings in the Court:
                    (a) for an order to enforce a
determination in relation to a complaint; or
                    (b) for an order directing a
Commonwealth agency (or the principal executive of a Commonwealth agency) to
comply;
if the proceedings started on or after the starting day
under:
                    (c) section 105A or 106F of the
old DDA; or
                    (d) section 25ZC or 25ZI of the
old RDA; or
                    (e) section 83A or 84F of the old
SDA.
17Â
Protection from civil actions
                  The amendments made by items 30,
31, 83, 84, 119 and 120 of Schedule 1 do not apply to a complaint lodged
before the starting day under the old DDA, old RDA or old SDA.
18Â
Referrals under the old SDA
                  The amendments made by items 1, 2,
85, 86, 97, 100, 122, 123, 124 and 125 of Schedule 1 do not apply to a
complaint lodged before the starting day under section 50A, 50C or 50E of
the old SDA.
19Â
Inquiries started by Human Rights Commissioner
                  The amendment made by item 52 of
Schedule 1 does not apply in relation to an inquiry that the Human Rights
Commissioner started before the starting day.
20Â
When a person cannot lodge a complaint under the new HREOCA
                  A person cannot lodge a complaint under
section 46P of the new HREOCA if:
                    (a) the person is a class member for a
representative complaint in respect of the same subject matter; and
                    (b) a holding of an inquiry into the
representative complaint had started under the old DDA, old RDA or old SDA.
21Â
Regulations
            (1) The Governor‑General may make
regulations prescribing matters:
                    (a) required or permitted by this Act
to be prescribed; or
                    (b) necessary or convenient to be
prescribed for carrying out or giving effect to this Act.
            (2) In particular, regulations may be made in
relation to matters of a transitional or saving nature arising out of the
enactment of this Act.
22Â
Transitional—powers of a Secretary
                  A thing done by the Commission before
the commencement of this section in exercising powers referred to in subsection
43(2) of the Human Rights and Equal Opportunity Commission Act 1986 has
effect, for the purpose of the exercise by the President after the commencement
of this section of powers referred to in that subsection, as if the thing had
been done by the President.
Australian Federal Police Legislation
Amendment Act 2000 (No. 9, 2000)
Schedule 3
20Â Definition
In this Part:
commencing time means the time when this Part
commences.
24Â Amendment of the Disability Discrimination Act 1992
The amendment of the Disability Discrimination Act 1992
made by Schedule 2 to this Act applies to acts done at or after the
commencing time in relation to:
                    (a) the Commissioner of the Australian
Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP
employee or a special member of the Australian Federal Police (all within the
meaning of the Australian Federal Police Act 1979 as in force at and
after the commencing time); or
                    (b) persons seeking to become persons
of the kind mentioned in paragraph (a).
34Â Warrants or writs etc. may continue to be executed
If, immediately before the commencing time, any warrant, writ,
order, permission or other instrument (the authority) issued
under a law of the Commonwealth, a State or a Territory could be executed by a
person who was at that time a member, staff member or special member of the
Australian Federal Police, the authority continues to be able to be executed at
and after the commencing time by the person in his or her capacity as:
                    (a) the Commissioner of the Australian
Federal Police; or
                    (b) a Deputy Commissioner of the
Australian Federal Police; or
                    (c) an AFP employee; or
                    (d) a special member of the Australian
Federal Police;
(all within the meaning of the Australian Federal Police Act
1979 as in force at and after the commencing time).
Note:Â Â Â Â Â Â Â Â Â A person who is a
member or staff member of the Australian Federal Police immediately before the
commencing time is taken to be engaged as an AFP employee. Similarly, a person
who is a special member of the Australian Federal Police immediately before the
commencing time is taken to be appointed as a special member. See item 2
of this Schedule.
35Â Regulations dealing with matters of a transitional or
saving nature
(1)Â Â Â Â Â Â Â The Governor‑General may make regulations,
not inconsistent with any other provision of this Schedule, prescribing matters
of a transitional or saving nature in relation to the amendments made by
Schedule 1 or 2.
(2)Â Â Â Â Â Â Â Regulations made under this item within one year
after the commencement of this item may commence on a day earlier than the day
on which they are made, but not earlier than the commencement of this item.
Criminal Code Amendment (Theft, Fraud,
Bribery and Related Offences) Act 2000Â (No. 137, 2000)
Schedule 2
418 Transitional—pre‑commencement offences
(1)Â Â Â Â Â Â Â Despite the amendment or repeal of a provision by this
Schedule, that provision continues to apply, after the commencement of this
item, in relation to:
                    (a) an offence committed before the
commencement of this item; or
                    (b) proceedings for an offence alleged
to have been committed before the commencement of this item; or
                    (c) any matter connected with, or
arising out of, such proceedings;
as if the amendment or repeal had not been made.
(2)Â Â Â Â Â Â Â Subitem (1) does not limit the operation of
section 8 of the Acts Interpretation Act 1901.
419 Transitional—pre‑commencement notices
If:
                    (a) a provision in force immediately
before the commencement of this item required that a notice set out the effect
of one or more other provisions; and
                    (b) any or all of those other
provisions are repealed by this Schedule; and
                    (c) the first‑mentioned
provision is amended by this Schedule;
the amendment of the first‑mentioned provision by this
Schedule does not affect the validity of such a notice that was given before
the commencement of this item.
Law and Justice Legislation Amendment
(Application of Criminal Code) Act 2001 (No. 24, 2001)
4Â
Application of amendments
            (1) Subject to subsection (3), each
amendment made by this Act applies to acts and omissions that take place after
the amendment commences.
            (2) For the purposes of this section, if an
act or omission is alleged to have taken place between 2 dates, one before and
one on or after the day on which a particular amendment commences, the act or
omission is alleged to have taken place before the amendment commences.
Fair Work
(State Referral and Consequential and Other Amendments) Act 2009 (No. 54, 2009)
4Â
Definition
                  In this
Act:
WR Act repeal day has the meaning given by
Schedule 2 to the Fair Work (Transitional Provisions and Consequential
Amendments) Act 2009.
Schedule 5
84Â Application of item 29
Despite the amendment made by item 29 of this Schedule, the Disability
Discrimination Act 1992, as in force immediately before the WR Act repeal
day, continues to apply in relation to a decision of the Australian Fair Pay Commission,
whether made before or after that day.
Disability Discrimination and Other Human Rights
Legislation Amendment Act 2009 (No. 70,
2009)
Schedule 2
63 Saving—disability standards
(1)Â Â Â Â Â Â Â This item applies in relation to a disability
standard:
                    (a) made under section 31 of the Disability
Discrimination Act 1992; and
                    (b) in force immediately before the
commencement of this Part.
(2)Â Â Â Â Â Â Â The disability standard has effect, from the
commencement of this Part, as if it had been made under that section as amended
by this Part.
86 Saving—action plans
(1)Â Â Â Â Â Â Â This item applies in relation to an action plan:
                    (a) given to the Commission under
section 64 of the Disability Discrimination Act 1992; and
                    (b) in force immediately before the
commencement of this Part.
(2)Â Â Â Â Â Â Â The action plan has effect, from the commencement
of this Part, as if it had been given to the Commission under that section as
amended by this Part.