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EQUAL OPPORTUNITY ACT 2010

Table of Provisions

PART 1--PRELIMINARY

  • 1 Purposes  
  • 2 Commencement  
  • 3 Objectives  
  • 4 Definitions  
  • 5 Act binds the Crown  

PART 2--WHAT IS DISCRIMINATION?

  • 6 Attributes  
  • 7 Meaning of discrimination  
  • 8 Direct discrimination  
  • 9 Indirect discrimination  
  • 10 Motive is irrelevant to discrimination  
  • 11 Discrimination by acting with others and by not acting  
  • 12 Special measures  
  • 13 When is discrimination lawful?  

PART 3--DUTY TO ELIMINATE DISCRIMINATION, SEXUAL HARASSMENT AND VICTIMISATION

  • 14 Purpose of Part  
  • 15 Duty to eliminate discrimination, sexual harassment or victimisation  

PART 4--WHEN IS DISCRIMINATION PROHIBITED?

Division 1--Discrimination in employment

  • 16 Discrimination against job applicants  
  • 17 Employer must accommodate responsibilities as parent or carer of person offered employment  
  • 18 Discrimination against employees  
  • 19 Employer must accommodate employee's responsibilities as parent or carer  
  • 20 Employer must make reasonable adjustments for person offered employment or employee with a disability  
  • 21 Discrimination against contract workers  
  • 22 Principal must accommodate contract worker's responsibilities as parent or carer  
  • 22A Principal must make reasonable adjustments for contract worker with a disability  
  • 23 Exception—adjustments for person or employee with a disability not reasonable  
  • 24 Exception—domestic or personal services  
  • 25 Exception—care of children  
  • 26 Exception—genuine occupational requirements  
  • 27 Exception—political employment  
  • 28 Exception—welfare services  
  • 28A Exception—youth wages  
  • 29 Exception—early retirement schemes  

Division 2--Discrimination in employment-related areas

  • 30 Discrimination in establishing firms  
  • 31 Discrimination by firms  
  • 32 Firm must accommodate responsibilities as parent or carer of person invited to become a partner or of a partner  
  • 33 Firm must make reasonable adjustments for person invited to become a partner or partner with a disability  
  • 34 Exception—adjustments for person or partner with a disability not reasonable  
  • 35 Discrimination by industrial organisations  
  • 36 Discrimination by qualifying bodies  
  • 37 Exception—reasonable terms of qualification  

Division 3--Discrimination in education

  • 38 Discrimination by educational authorities  
  • 39 Exception—educational institutions for particular groups  
  • 40 Educational authority must make reasonable adjustments for person with a disability  
  • 41 Exception—not reasonable for educational authority to make adjustments  
  • 42 Exception—standards of dress and behaviour  
  • 43 Exception—age-based admission schemes and age quotas  

Division 4--Discrimination in the provision of goods and services and disposal of land

  • 44 Discrimination in the provision of goods and services  
  • 45 Service provider must make reasonable adjustments for person with a disability  
  • 46 Exception—adjustments to provision of service not reasonable  
  • 47 Exception—insurance  
  • 48 Exception—credit providers  
  • 49 Exception—supervision of children  
  • 50 Discrimination in the disposal of land  
  • 51 Exception—disposal by will or gift  

Division 5--Discrimination in accommodation

  • 52 Discrimination in offering to provide accommodation  
  • 53 Discrimination in providing accommodation  
  • 54 Discrimination by refusing to allow assistance dogs  
  • 55 Discrimination by refusing to allow alterations  
  • 56 Discrimination by refusing to allow alterations—owners corporations  
  • 57 Discrimination in access to public premises  
  • 58 Exception—access to or use of public premises unreasonable  
  • 58A Exception—accommodation unsuitable for children  
  • 59 Exception—shared accommodation  
  • 60 Exception—welfare measures  
  • 61 Exception—accommodation for students  
  • 63 Application of this Division  

Division 6--Discrimination by clubs and club members

  • 64 Discrimination against applicants for membership  
  • 65 Discrimination against club members  
  • 66 Exception—clubs for minority cultures  
  • 66A Exception—clubs for political purposes  
  • 67 Exception—clubs and benefits for particular age groups  
  • 68 Exception—single sex clubs  
  • 69 Exception—separate access to benefits for men and women  

Division 7--Discrimination in sport

  • 70 Definitions  
  • 71 Discrimination in sport  
  • 72 Exception—competitive sporting activities  

Division 8--Discrimination in local government

  • 73 Discrimination by councillors  
  • 74 Exception—political belief or activity  

PART 5--GENERAL EXCEPTIONS TO AND EXEMPTIONS FROM THE PROHIBITION OF DISCRIMINATION

  • 75 Things done with statutory authority  
  • 76 Things done to comply with orders of courts and tribunals  
  • 77 Pensions  
  • 78 Superannuation—existing fund conditions before 1 January 1996  
  • 79 Superannuation—new fund conditions after 1 January 1996  
  • 80 Charities  
  • 81 Definition of religious body  
  • 81A Other definitions  
  • 82 Religious bodies  
  • 82A Religious bodies—employment  
  • 82B Religious bodies—provision of government funded services  
  • 83 Religious educational institutions  
  • 83A Religious educational institutions: employment  
  • 85 Legal incapacity and age of majority  
  • 86 Protection of health, safety and property  
  • 87 Age benefits and concessions  
  • 88 Special needs  
  • 89 Exemptions by the Tribunal  
  • 90 Factors to be considered by Tribunal  
  • 91 Applicant to give notice to Commission  

PART 6--PROHIBITION OF SEXUAL HARASSMENT

  • 92 What is sexual harassment?  
  • 93 Harassment by employers and employees  
  • 94 Harassment in common workplaces  
  • 95 Harassment by partners  
  • 96 Harassment in industrial organisations  
  • 97 Harassment by members of qualifying bodies  
  • 98 Harassment in educational institutions  
  • 99 Harassment in the provision of goods and services  
  • 100 Harassment in the provision of accommodation  
  • 101 Harassment in clubs  
  • 102 Harassment in local government  

PART 7--PROHIBITION OF OTHER CONDUCT AND VICARIOUS LIABILITY FOR DISCRIMINATION

Division 1--Victimisation

  • 103 Prohibition of victimisation  
  • 104 What is victimisation?  

Division 2--Authorising or assisting discrimination

  • 105 Prohibition of authorising or assisting discrimination  
  • 106 Liability of person who authorises or assists  

Division 3--Discriminatory requests for information

  • 107 Prohibition on requesting discriminatory information  
  • 108 Exception—information required for purposes not involving prohibited discrimination  

Division 4--Vicarious liability

  • 109 Vicarious liability of employers and principals  
  • 110 Exception to vicarious liability  

PART 8--DISPUTES

Division 1--Dispute resolution by the Commission

Division 2--Applications to the Tribunal

  • 122 Application may be made to Tribunal in respect of dispute  
  • 123 Who can apply?  
  • 124 Representative body may apply to Tribunal  
  • 125 What may the Tribunal decide?  
  • 126 Commission may apply to enforce order of Tribunal  

PART 9--INVESTIGATIONS

Division 1--Commission may conduct investigation

  • 127 When investigation may be conducted  
  • 128 Matters referred by Tribunal for investigation  

Division 2--Conduct of investigations

  • 129 Commission to conduct investigation as it thinks fit  
  • 130 Commission may ask for information  
  • 131 Tribunal order compelling production of information or documents  
  • 132 Creation of documents  
  • 133 Documents produced to the Commission  
  • 134 Power to compel attendance  
  • 135 Disclosure of identity of persons who give information or documents  
  • 136 Publication of evidence, information or documents  
  • 137 Tribunal may make interim orders to prevent prejudice to investigation  
  • 138 Investigation when other proceedings commenced  

Division 3--Outcomes of investigations

  • 139 Outcome of an investigation  
  • 140 Registration of agreements  
  • 141 Inquiries by the Tribunal  
  • 142 Report of an investigation  
  • 143 Content of reports  
  • 144 Report on investigation not prohibited disclosure  

PART 10--PRACTICE GUIDELINES, REVIEWS AND ACTION PLANS

Division 1--Practice guidelines

Division 2--Reviews

  • 151 Commission may conduct review of compliance  

Division 3--Action plans

  • 152 Action plans  
  • 153 Register of action plans  

PART 11--VICTORIAN EQUAL OPPORTUNITY AND HUMAN RIGHTS COMMISSION

Division 1--The Commission

  • 154 Continuation of Commission  
  • 155 Functions and powers of Commission  
  • 156 Commission's educative functions  
  • 157 Commission's research functions  
  • 158 Commission may report on educative or research functions  
  • 159 Commission may intervene in proceedings  
  • 160 Commission may assist in proceedings as amicus curiae  

Division 2--The Board

  • 161 Constitution of the Board  
  • 162 Functions of the Board  
  • 163 Terms of appointment of members  
  • 164 Resignation and removal  
  • 165 Chairperson  
  • 166 Acting appointments  
  • 167 Payment of members  
  • 168 Procedure of Board  
  • 169 Effect of vacancy or defect  

Division 3--The Commissioner

Division 4--General provisions

  • 174 Staff of Commission  
  • 175 Delegation  
  • 176 Secrecy  
  • 176A Exceptions—court-ordered disclosure in criminal proceedings or disclosure with consent  
  • 176B Other exceptions  
  • 177 Disclosure of information relating to disputes, complaints and investigations  
  • 178 Protection from liability  
  • 179 Annual reports  

PART 12--OFFENCES

Division 1--Proceedings for offences

  • 180 Who may bring proceedings for an offence?  
  • 181 Offences are to be dealt with summarily  

Division 2--Discriminatory advertising

  • 182 Offence of discriminatory advertising  
  • 183 Defence  
  • 184 Proceedings for the offence of discriminatory advertising  

Division 3--Other offences

  • 185 Obstructing Commission  
  • 186 False or misleading information  

PART 13--GENERAL

  • 187 Proceedings against unincorporated associations  
  • 188 Contravention does not create civil or criminal liability  
  • 188A Protection against self-incrimination  
  • 189 Protection of people giving evidence and information  
  • 190 Regulations  

PART 14--REPEAL OF EQUAL OPPORTUNITY ACT 1995 AND TRANSITIONAL PROVISIONS

Division 1--Repeal of Equal Opportunity Act 1995

Division 2--Transitional provisions

  • 192 Definitions  
  • 193 Complaints lodged before commencement day  
  • 194 Alleged contraventions that occurred prior to commencement day  
  • 195 Exemptions under the old Act by the Tribunal  
  • 195A Continuation of the Board of the Commission  
  • 195B Interim chairperson  
  • 195C Commissioner  
  • 196 Tribunal may make orders of a transitional nature  

Division 3--Transitional provisions relating to the Change or Suppression (Conversion) Practices Prohibition Act 2021

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