Sex Discrimination Act 1984 (Cth)

Sex Discrimination Act 1984

No. 4, 1984

Compilation No. 46

Compilation date: 14 October 2024

Includes amendments: Act No. 38, 2024

About this compilation

This compilation

This is a compilation of the Sex Discrimination Act 1984 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part I—Preliminary 1 Short title 2 Commencement 3 Objects 4 Interpretation 4A Meaning of family responsibilities 4B Meaning of potential pregnancy 5 Sex discrimination 5A Discrimination on the ground of sexual orientation 5B Discrimination on the ground of gender identity 5C Discrimination on the ground of intersex status 6 Discrimination on the ground of marital or relationship status 7 Discrimination on the ground of pregnancy or potential pregnancy 7AA Discrimination on the ground of breastfeeding 7A Discrimination on the ground of family responsibilities 7B Indirect discrimination: reasonableness test 7C Burden of proof 7D Special measures intended to achieve equality 8 Act done for 2 or more reasons 8A Workplace environment that is hostile for 2 or more reasons 9 Application of Act 10 Operation of State and Territory laws 11 Operation of State and Territory laws that further objects of relevant international instruments 12 Crown to be bound 13A Application of the Criminal Code Part II—Prohibition of discrimination etc. Division 1—Discrimination in work 14 Discrimination in employment or in superannuation 15 Discrimination against commission agents 16 Discrimination against contract workers 17 Partnerships 18 Qualifying bodies 19 Registered organisations under the Fair Work (Registered Organisations) Act 2009 20 Employment agencies Division 2—Discrimination in other areas 21 Education 22 Goods, services and facilities 23 Accommodation 24 Land 25 Clubs 26 Administration of Commonwealth laws and programs 27 Requests for information Division 3—Harassment etc. 28A Meaning of sexual harassment 28AA Meaning of harassment on the ground of sex 28AB Meaning of worker in a business or undertaking 28B Employment, partnerships etc. 28C Members of bodies with power to grant etc. occupational qualifications etc. 28D Registered organisations 28E Employment agencies 28F Educational institutions 28G Goods, services and facilities 28H Provision of accommodation 28J Land 28K Clubs 28L Commonwealth laws and programs 28M Hostile workplace environments Division 4—Exemptions 30 Certain discrimination on ground of sex not unlawful 31 Pregnancy, childbirth or breastfeeding 32 Services for members of one sex 34 Accommodation provided for employees or students 35 Residential care of children 36 Charities 37 Religious bodies 38 Educational institutions established for religious purposes 39 Voluntary bodies 40 Acts done under statutory authority 41 Insurance 41A New superannuation fund conditions 41B Existing superannuation fund conditions 42 Sport 43A Requests for information and keeping of records: not allowing for identifying as being neither male nor female 44 Commission may grant exemptions 45 Review by Administrative Review Tribunal 46 Notice of decisions to be published 47 Effect of exemptions Division 5—Victimisation 47A Victimisation Part IIA—Duty to eliminate unlawful sex discrimination etc. 47B Simplified outline of this Part 47C Duty to eliminate unlawful sex discrimination etc. Part III—Functions of the Australian Human Rights Commission Division 1—Preliminary 48 Functions of the Commission Part IV—Offences 85 Unlawful act not offence unless expressly so provided 86 Advertisements 87 Failure to provide actuarial or statistical data 92 Particulars of complaints not to be communicated 94 Victimisation 95 Obstruction etc. Part V—Sex Discrimination Commissioner 96 Sex Discrimination Commissioner 97 Terms and conditions of appointment 98 Remuneration of Commissioner 99 Leave of absence 100 Outside employment 101 Resignation 102 Termination of appointment 103 Acting Commissioner Part VI—Miscellaneous 104 Delegation 105 Liability of persons involved in unlawful acts 106 Vicarious liability etc. 107 Acts done on behalf of bodies 108 Commonwealth deemed to be employer 109 State taken to be employer 110 Unlawful act not basis of civil action unless expressly so provided 111 Protection from civil actions 112 Non‑disclosure of private information 113 Information stored otherwise than in written form 114 Commissioner to furnish information 116 Regulations Schedule—Convention on the Elimination of all Forms of Discrimination Against Women Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history