Equal Opportunity Act 1984 (WA)

Western Australia Equal Opportunity Act 1984 Western Australia Equal Opportunity Act 1984 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 3. Objects 1 4. Terms used 1 5. Act done for 2 or more reasons 1 6. Act binds Crown 1 7. Inter‑governmental arrangements 1 Part II — Discrimination on ground of sex, marital status, pregnancy or breast feeding Division 1 — General 8. Discrimination on the ground of sex 1 9. Discrimination on the ground of marital status 1 10. Discrimination on the ground of pregnancy 1 10A. Discrimination on the ground of breast feeding 1 Division 2 — Discrimination in work 11. Discrimination against applicants and employees 1 12. Discrimination against commission agents 1 13. Discrimination against contract workers 1 14. Partnerships 1 15. Professional or trade organisations 1 16. Qualifying bodies 1 17. Employment agencies 1 Division 3 — Discrimination in other areas 18. Education 1 19. Access to places and vehicles 1 20. Goods, services and facilities 1 21. Accommodation 1 21A. Land 1 22. Clubs 1 23. Requesting or requiring provision of certain information 1 Division 4 — Discrimination involving sexual harassment 24. Sexual harassment in employment 1 25. Sexual harassment in education 1 26. Sexual harassment related to accommodation 1 Division 5 — Exceptions to Part II 27. Genuine occupational qualifications 1 28. Pregnancy or childbirth 1 29. Employment of married couple or partners in de facto relationship 1 30. Services for members of one sex 1 31. Measures intended to achieve equality 1 32. Accommodation provided for employees or students 1 33. Residential care of children 1 34. Insurance 1 35. Sport 1 Part IIAA — Discrimination on gender history grounds in certain cases Division 1 — General 35AA. Gender history 1 35AB. Discrimination on gender history grounds 1 Division 2 — Discrimination in work 35AC. Discrimination against applicants and employees 1 35AD. Discrimination against commission agents 1 35AE. Discrimination against contract workers 1 35AF. Partnerships 1 35AG. Professional or trade organisations 1 35AH. Qualifying bodies 1 35AI. Employment agencies 1 Division 3 — Discrimination in other areas 35AJ. Education 1 35AK. Access to places and vehicles 1 35AL. Goods, services and facilities 1 35AM. Accommodation 1 35AN. Land 1 35AO. Clubs 1 35AP. Discrimination in sport on gender history grounds 1 35AQ. Requesting or requiring provision of certain information 1 35AR. Superannuation schemes and provident funds 1 Part IIA — Discrimination on the ground of family responsibility or family status Division 1 — General 35A. Discrimination on the ground of family responsibility or family status 1 Division 2 — Discrimination in work 35B. Discrimination against applicants and employees 1 35C. Discrimination against commission agents 1 35D. Discrimination against contract workers 1 35E. Partnerships 1 35F. Professional or trade organisations 1 35G. Qualifying bodies 1 35H. Employment agencies 1 Division 3 — Discrimination in other areas 35I. Education 1 35J. Requesting or requiring provision of certain information 1 Division 4 — Exceptions to Part IIA 35K. Measures intended to meet special needs 1 35L. Accommodation provided for employees 1 35M. Identity of relative 1 Part IIB — Discrimination on ground of sexual orientation Division 1 — General 35O. Discrimination on the ground of sexual orientation 1 Division 2 — Discrimination in work 35P. Discrimination against applicants and employees 1 35Q. Discrimination against commission agents 1 35R. Discrimination against contract workers 1 35S. Partnerships 1 35T. Professional or trade organisations 1 35U. Qualifying bodies 1 35V. Employment agencies 1 Division 3 — Discrimination in other areas 35W. Education 1 35X. Access to places and vehicles 1 35Y. Goods, services and facilities 1 35Z. Accommodation 1 35ZA. Land 1 35ZB. Clubs 1 35ZC. Requesting or requiring provision of certain information 1 Division 4 — Exceptions to Part IIB 35ZD. Measures intended to achieve equality 1 Part III — Discrimination on the ground of race Division 1 — General 36. Racial discrimination 1 Division 2 — Discrimination in work 37. Discrimination against applicants and employees 1 38. Discrimination against commission agents 1 39. Discrimination against contract workers 1 40. Partnerships 1 41. Professional or trade organisations 1 42. Qualifying bodies 1 43. Employment agencies 1 Division 3 — Discrimination in other areas 44. Education 1 45. Access to places and vehicles 1 46. Goods, services and facilities 1 47. Accommodation 1 47A. Land 1 48. Clubs 1 49. Requesting or requiring provision of certain information 1 Division 3A — Discrimination involving racial harassment 49A. Racial harassment in employment 1 49B. Racial harassment in education 1 49C. Racial harassment related to accommodation 1 49D. Racial grounds 1 Division 4 — Exceptions to Part III 50. Genuine occupational qualifications 1 51. Measures intended to achieve equality 1 52. Citizenship 1 Part IV — Discrimination on the ground of religious or political conviction Division 1 — General 53. Discrimination on ground of religious or political conviction 1 Division 2 — Discrimination in work 54. Discrimination against applicants and employees 1 55. Discrimination against commission agents 1 56. Discrimination against contract workers 1 57. Partnerships 1 58. Professional or trade organisations 1 59. Qualifying bodies 1 60. Employment agencies 1 Division 3 — Discrimination in other areas 61. Education 1 62. Goods, services and facilities 1 63. Accommodation 1 64. Clubs 1 65. Requesting or requiring provision of certain information 1 Division 4 — Exceptions to Part IV 66. Exceptions to s. 54 to 56 1 Part IVA — Discrimination on the ground of impairment Division 1 — General 66A. Discrimination on ground of impairment 1 Division 2 — Discrimination in work 66B. Discrimination against applicants and employees 1 66C. Discrimination against commission agents 1 66D. Discrimination against contract workers 1 66E. Partnerships 1 66F. Professional or trade organisations 1 66G. Qualifying bodies 1 66H. Employment agencies 1 Division 3 — Discrimination in other areas 66I. Education 1 66J. Access to places and vehicles 1 66K. Goods, services and facilities 1 66L. Accommodation 1 66M. Clubs and incorporated associations 1 66N. Discrimination in sport on ground of impairment 1 66O. Requesting or requiring provision of certain information 1 66P. Superannuation schemes and provident funds 1 Division 4 — Exceptions to Part IVA 66Q. Exceptions to certain work related provisions in Div. 2 1 66R. Measures intended to achieve equality 1 66S. Genuine occupational qualifications 1 66T. Insurance 1 66U. Regulations 1 Part IVB — Discrimination on the ground of age Division 1 — General 66V. Discrimination on ground of age 1 Division 2 — Discrimination in work 66W. Discrimination against applicants and employees 1 66X. Discrimination against commission agents 1 66Y. Discrimination against contract workers 1 66Z. Partnerships 1 66ZA. Professional or trade organisations 1 66ZB. Qualifying bodies 1 66ZC. Employment agencies 1 Division 3 — Discrimination in other areas 66ZD. Education 1 66ZE. Access to places and vehicles 1 66ZF. Goods, services and facilities 1 66ZG. Accommodation 1 66ZH. Land 1 66ZI. Clubs and incorporated associations 1 66ZJ. Discrimination in sport on ground of age 1 66ZK. Requesting or requiring provison of certain information 1 66ZL. Superannuation schemes and provident funds 1 Division 4 — Exceptions to Part IVB 66ZM. Health and safety considerations 1 66ZN. Retirement 1 66ZO. Contracts with minors 1 66ZP. Measures intended to achieve equality 1 66ZQ. Genuine occupational qualifications 1 66ZR. Insurance 1 66ZS. Acts done under statutory authority 1 Part IVC — Discrimination on ground of publication of relevant details of persons on Fines Enforcement Registrar's website Division 1 — General 67A. Discrimination on ground of publication of relevant details on Fines Enforcement Registrar's website 1 Division 2 — Discrimination in work 67B. Discrimination against applicants and employees 1 67C. Discrimination against commission agents 1 67D. Discrimination against contract workers 1 67E. Professional or trade organisations 1 67F. Qualifying bodies 1 67G. Employment agencies 1 Division 3 — Discrimination in other areas 67H. Goods, services and facilities 1 67I. Accommodation 1 Part V — Other unlawful acts 67. Victimisation 1 68. Advertisements 1 Part VI — General exceptions to this Act 69. Acts done under statutory authority 1 70. Charities 1 71. Voluntary bodies 1 72. Religious bodies 1 73. Educational institutions established for religious purposes 1 74. Establishments providing housing accommodation for aged persons 1 Part VII — The Commissioner for Equal Opportunity Division 1 — Office of Commissioner 75. Commissioner for Equal Opportunity 1 76. Vacation of office 1 77. Existing rights etc. 1 78. Acting Commissioner 1 79. Staff 1 Division 2 — Functions of the Commissioner 80. General functions of Commissioner 1 81. Reference by the Minister to the Commissioner 1 82. Review of legislation, policies and practices 1 83. Making complaints to Commissioner 1 83A. Withdrawal and lapse of complaints 1 83B. Restrictions on multiple actions relating to sexual harassment in connection with work 1 84. Investigation of complaints by Commissioner 1 85. Application to Tribunal for interim order under s. 126 1 86. Power to obtain information and documents 1 87. Directions to attend compulsory conference 1 88. Compulsory conference 1 89. Commissioner may dismiss certain complaints 1 90. Commissioner to refer complaint to Tribunal if complainant so requires 1 91. Resolving complaints by conciliation 1 92. Representation in conciliation proceedings 1 93. Referring complaints to Tribunal 1 93A. Commissioner may assist complainants on appeal to Supreme Court 1 94. Delegation by Commissioner 1 95. Annual report 1 Part VIII — The Role of the State Administrative Tribunal Division 1 — Constituting the Tribunal 96. Presiding member 1 Division 2 — Functions 107. Jurisdiction of Tribunal 1 108. Commissioner's reference under s. 93(1) 1 113. Officer of Commissioner assisting Tribunal 1 114. Determining representative complaints 1 115. Matter to be considered in determining representative complaints 1 116. Amendment of complaint by Tribunal 1 117. Ordinary complaint not precluded by representative complaint 1 122. Tribunal may prohibit publication of evidence 1 123. Proof of exceptions 1 126. Interim orders 1 127. Decisions of Tribunal 1 134. Appeals 1 Division 3 — Power of Tribunal to grant exemptions 135. Tribunal may grant exemptions 1 136. Tribunal must publish decisions made under s. 135 1 137. Effect of exemption orders 1 Part IX — Equal opportunity in public employment Division 1 — General 138. Terms used 1 139. Application of Part IX 1 140. Objects of Part IX 1 141. Exercise of functions of authorities 1 Division 2 — The Director of Equal Opportunity in Public Employment 142. The Director 1 143. Functions of Director 1 144. Annual report of Director 1 Division 3 — Equal employment opportunity management plans 145. Preparation and implementation of management plans 1 146. Annual report to Director 1 147. Investigation by Director 1 149. Representation in investigation proceedings 1 150. Powers of Director on an investigation 1 151. Incriminatory statements 1 152. Conclusion of investigation 1 153. Direction to amend management plan 1 Part X — Miscellaneous 154. Effect of contravention of Act 1 155. Obstruction 1 156. Failure to provide actuarial or statistical data 1 157. Failure to attend conciliation proceedings or conference 1 158. Failure to furnish information or produce document 1 159. False or misleading information 1 160. Liability of persons involved in unlawful acts 1 161. Vicarious liability 1 162. Acts done on behalf of bodies 1 163. References to employer 1 164. Self‑incrimination 1 165. Particulars of certain complaints not to be communicated 1 166. Protection from civil actions 1 167. Non‑disclosure of private information 1 168. Information stored otherwise than in written form 1 169. Regulations 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Equal Opportunity Act 1984 An Act to promote equality of opportunity in Western Australia and to provide remedies in respect of discrimination on the grounds of sex, marital status, pregnancy, sexual orientation, family responsibility or family status, race, religious or political conviction, impairment, age, or publication of details on the Fines Enforcement Registrar's website, or involving sexual or racial harassment or, in certain cases, on gender history grounds. [Long title amended: No. 40 of 1988 s. 4; No. 74 of 1992 s. 4; No. 2 of 2000 s. 28; No. 3 of 2002 s. 46; No. 48 of 2012 s. 45.]