1Short title
This Act may be cited as the Sex Discrimination Act 1984.
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This Act may be cited as the Sex Discrimination Act 1984.
This Act shall come into operation on a day to be fixed by Proclamation.
The objects of this Act are:
to give effect to certain provisions of the Convention on the Elimination of All Forms of Discrimination Against Women and to provisions of other relevant international instruments; and
to eliminate, so far as is possible, discrimination against persons on the ground of sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy or breastfeeding in the areas of work, accommodation, education, the provision of goods, facilities and services, the disposal of land, the activities of clubs and the administration of Commonwealth laws and programs; and
to eliminate, so far as possible, discrimination on the ground of family responsibilities in the area of work; and
to eliminate, so far as is possible, discrimination involving sexual harassment, and discrimination involving harassment on the ground of sex, in the workplace, in educational institutions and in other areas of public activity; and
to eliminate, so far as is possible, discrimination involving subjecting persons to workplace environments that are hostile on the ground of sex; and
to promote recognition and acceptance within the community of the principle of the equality of men and women; and
to achieve, so far as practicable, substantive equality between men and women.
In this Act, unless the contrary intention appears:
accommodation includes residential and business accommodation.
ACNC type of entity means an entity that meets the description of a type of entity in column 1 of the table in subsection 25‑5(5) of the Australian Charities and Not‑for‑profits Commission Act 2012.
breastfeeding has a meaning affected by subsections 7AA(3) and (4).
club means an association (whether incorporated or unincorporated) of not less than 30 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; and
sells or supplies liquor for consumption on its premises.
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 Sex Discrimination Commissioner appointed under section 96.
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 administrative office means:
an office established by, or an appointment made under, a law of the Commonwealth; or
an office established by, or an appointment made under, a law of a Territory; or
an appointment made by the Governor‑General or a Minister otherwise than under a law of the Commonwealth or of a Territory (including the Australian Capital Territory and the Northern Territory); or
an appointment as a director of an incorporated company that is a public authority of the Commonwealth;
but does not include:
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
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
an office or appointment in the Australian Public Service; or
an office of member of either House of the Parliament; or
an office of a person employed under the Members of Parliament (Staff) Act 1984; or
a Commonwealth judicial office.
A person who holds an office or appointment mentioned in paragraph (g), (h), (i) or (j) is covered by the definition of Commonwealth employee.
Commonwealth agency means an agency within the meaning of the Privacy Act 1988.
Commonwealth employee means a person who:
is appointed or engaged under the Public Service Act 1999;
holds a Commonwealth administrative office;
is employed by a public authority of the Commonwealth;
holds an office or appointment in the Commonwealth Teaching Service or is employed as a temporary employee under the Commonwealth Teaching Service Act 1972;
is employed under the Australian Security Intelligence Organisation Act 1979 or the Commonwealth Electoral Act 1918; or
is a member of the Defence Force; or
is a member of either House of the Parliament; or
is a person employed under the Members of Parliament (Staff) Act 1984; or
is a person who holds a Commonwealth judicial office.
See also section 108.
Commonwealth‑funded aged care means:
funded aged care services (within the meaning of the Aged Care Act 2024); or
activities carried out in accordance with an arrangement made under subsection 265(1) of the Aged Care Act 2024 for a purpose mentioned in paragraph 265(2)(d) or (e) of that Act; or
care or services of a class prescribed by the regulations for the purpose of this paragraph.
Commonwealth judicial office means:
an office of a Justice of the High Court; or
an office of a judge or justice of a court created by the Parliament.
Commonwealth law means:
an Act, or a regulation, rule, by‑law or determination made under or pursuant to an Act;
an Ordinance of a Territory, or a regulation, rule, by‑law or determination made under or pursuant to an Ordinance of a Territory; or
an order or award made under or pursuant to 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 pursuant to a contract between the employer of the first‑mentioned person and that other person.
de facto partner has the meaning given by the Acts Interpretation Act 1901.
Department means an Agency within the meaning of the Public Service Act 1999.
disability has the same meaning as in the Disability Discrimination Act 1992.
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.
employment includes:
part‑time and temporary employment;
work under a contract for services; and
work as a Commonwealth employee; and
work as a State employee of a State.
Other parts of speech and grammatical forms of “employment” (for example, “employer” and “employee”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).
See also sections 108 (Commonwealth employee) and 109 (State employee).
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.
family responsibilities has the meaning given by section 4A.
function includes duty.
gender identity means the gender‑related identity, appearance or mannerisms or other gender‑related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person’s designated sex at birth.
harass on the ground of sex has the meaning given by section 28AA.
Other parts of speech and grammatical forms of “harass on the ground of sex” (for example, “harassment on the ground of sex”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).
institution of tertiary education means a university, college of advanced education, technical and further education institution or other institution at which tertiary education or training is provided.
intersex status means the status of having physical, hormonal or genetic features that are:
neither wholly female nor wholly male; or
a combination of female and male; or
neither female nor male.
marital or relationship status means a person’s status of being any of the following:
single;
married;
married, but living separately and apart from his or her spouse;
divorced;
the de facto partner of another person;
the de facto partner of another person, but living separately and apart from that other person;
the former de facto partner of another person;
the surviving spouse or de facto partner of a person who has died.
near relative, in relation to a person, means:
a parent, child, grandparent, grandchild, brother or sister of the person; or
the spouse or de facto partner of the first‑mentioned person or of a person referred to in paragraph (a).
Parliament of a State:
in a case where the State is the Australian Capital Territory—means the Legislative Assembly for the Australian Capital Territory; or
in a case where the State is the Northern Territory—means the Legislative Assembly of the Northern Territory.
person conducting a business or undertaking has the same meaning as in the Work Health and Safety Act 2011.
potential pregnancy has a meaning affected by section 4B.
President means President of the Commission.
principal means:
in relation to a commission agent—a person for whom the commission agent does work as a commission agent; and
in relation to a contract worker—a person for whom the contract worker does work pursuant to 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 a State means:
a body that:
is incorporated (whether before or after the commencement of this definition) for a public purpose by a law of the State; and
employs staff on its own behalf; or
an authority or body that:
is not a body corporate; and
is established (whether before or after the commencement of this definition) for a public purpose by, or in accordance with the provisions of, a law of the State; and
employs staff on its own behalf; or
an incorporated company over which the State, or a body or authority referred to in paragraph (a) or (b), is in a position to exercise control.
public authority of the Commonwealth means:
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;
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
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.
registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act.
registered organisation means an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009.
relevant international instrument means:
the Convention on the Elimination of All Forms of Discrimination Against Women done at New York on 18 December 1979 ([1983] ATS 9) (a copy of the English text of which is set out in the Schedule); or
the International Covenant on Civil and Political Rights done at New York on 16 December 1966 ([1980] ATS 23); or
the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966 ([1976] ATS 5); or
the Convention on the Rights of the Child done at New York on 20 November 1989 ([1991] ATS 4); or
ILO Convention (No. 100) concerning Equal Remuneration for Men and Women Workers for Work of Equal Value done at Geneva on 29 June 1951 ([1975] ATS 45); or
ILO Convention (No. 111) concerning Discrimination in respect of Employment and Occupation done at Geneva on 25 June 1958 ([1974] ATS 12); or
ILO Convention (No. 156) concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities done at Geneva on 23 June 1981 ([1991] ATS 7); or
ILO Convention (No. 158) concerning Termination of Employment at the Initiative of the Employer done at Geneva on 22 June 1982 ([1994] ATS 4).
In 2010, the text of a Convention or Covenant in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
services includes:
services relating to banking, insurance and the provision of grants, loans, credit or finance;
services relating to entertainment, recreation or refreshment;
services relating to transport or travel;
services of the kind provided by the members of any profession or trade; and
services of the kind provided by a government, a government authority or a local government body.
sexually harass has the meaning given by section 28A.
Other parts of speech and grammatical forms of “sexually harass” (for example, “sexual harassment”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).
sexual orientation means a person’s sexual orientation towards:
persons of the same sex; or
persons of a different sex; or
persons of the same sex and persons of a different sex.
State, except in subsections 9(15), (16), (17) and (18), includes the Australian Capital Territory and the Northern Territory.
State administrative office of a State means:
an office established by, or an appointment made under, a law of the State; or
an appointment made by:
the Governor of the State; or
the Administrator of the State; or
a Minister of the State;
otherwise than under a law of the State; or
an appointment as a director of an incorporated company that is a public authority of the State;
but does not include:
an office or appointment under a law of the State that corresponds to the Public Service Act 1999; or
an office of member of the Parliament of the State; or
an office of a member of the staff of a member of the Parliament of the State; or
a State judicial office of the State.
A person who holds an office or appointment mentioned in paragraph (d), (e), (f) or (g) is covered by the definition of State employee.
State employee of a State means a person who:
is appointed or engaged under a law of the State that corresponds to the Public Service Act 1999; or
holds a State administrative office of the State; or
is employed by a public authority of the State; or
is a member of the Parliament of the State; or
is a member of the staff of a member of the Parliament of the State; or
is a person who holds a State judicial office of the State.
See also section 109.
State judicial office of a State means:
an office of a judge or justice of a court of the State; or
an office of a magistrate of a court of the State.
superannuation benefit, in relation to a member of a superannuation fund, means a benefit that is payable, under the terms and conditions relating to the fund:
in the event of the member’s death—to the estate of the deceased or to someone other than the deceased; or
in the event of the member’s physical or mental incapacity—to the member or to someone other than the member.
superannuation fund means a superannuation or provident fund or scheme.
superannuation fund conditions, in relation to a superannuation fund, means the terms and conditions that relate to membership of, or benefits payable from, the superannuation fund.
surviving spouse or de facto partner of a person who has died means a person who was the person’s spouse or de facto partner immediately before the person died.
technical and further education institution has the same meaning as that expression has in the Employment, Education and Training Act 1988.
Territory, except in subsections 9(17) and (18), does not include the Australian Capital Territory and the Northern Territory.
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 club;
a registered organisation;
a body established by a law of the Commonwealth, of a State or of a Territory; or
an association that provides grants, loans, credit or finance to its members.
worker has the same meaning as in the Work Health and Safety Act 2011.
worker in a business or undertaking has the meaning given by section 28AB.
workplace has the same meaning as in the Work Health and Safety Act 2011.
For the purposes of this Act, refusing or failing to do an act shall be deemed 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.
In this Act, family responsibilities, in relation to a person, means responsibilities of the person to care for or support:
a dependent child of the person; or
any other immediate family member who is in need of care and support.
In this section:
child: without limiting who is a child of a person for the purposes of this section, each of the following is the child of a person:
an adopted child, stepchild or exnuptial child of the person;
someone who is a child of the person within the meaning of the Family Law Act 1975.
dependent child means a child who is wholly or substantially dependent on the person.
immediate family member includes:
a spouse of the person; and
an adult child, parent, grandparent, grandchild or sibling of the person or of a spouse of the person.
parent: without limiting who is a parent of a person for the purposes of this section, someone is the parent of a person if the person is his or her child because of paragraph (b) of the definition of child in this subsection.
spouse includes a former spouse, a de facto partner and a former de facto partner.
stepchild: without limiting who is a stepchild of a person for the purposes of this section, someone is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.
For the purposes of this section, if one person is the child of another person because of paragraph (b) of the definition of child in subsection (2), relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.
A reference in this Act to potential pregnancy of a woman includes a reference to:
the fact that the woman is or may be capable of bearing children; or
the fact that the woman has expressed a desire to become pregnant; or
the fact that the woman is likely, or is perceived as being likely, to become pregnant.
For the purposes of this Act, a person (in this subsection referred to as the discriminator) discriminates against another person (in this subsection referred to as the aggrieved person) on the ground of the sex of the aggrieved person if, by reason of:
the sex of the aggrieved person;
a characteristic that appertains generally to persons of the sex of the aggrieved person; or
a characteristic that is generally imputed to persons of the sex of the aggrieved person;
the discriminator treats the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person of a different sex.
For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the sex of the aggrieved person if the discriminator imposes, or proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging persons of the same sex as the aggrieved person.
This section has effect subject to sections 7B and 7D.
For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person’s sexual orientation if, by reason of:
the aggrieved person’s sexual orientation; or
a characteristic that appertains generally to persons who have the same sexual orientation as the aggrieved person; or
a characteristic that is generally imputed to persons who have the same sexual orientation as the aggrieved person;
the discriminator treats the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person who has a different sexual orientation.
For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person’s sexual orientation if the discriminator imposes, or proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging persons who have the same sexual orientation as the aggrieved person.
This section has effect subject to sections 7B and 7D.
For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person’s gender identity if, by reason of:
the aggrieved person’s gender identity; or
a characteristic that appertains generally to persons who have the same gender identity as the aggrieved person; or
a characteristic that is generally imputed to persons who have the same gender identity as the aggrieved person;
the discriminator treats the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person who has a different gender identity.
For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person’s gender identity if the discriminator imposes, or proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging persons who have the same gender identity as the aggrieved person.
This section has effect subject to sections 7B and 7D.
For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person’s intersex status if, by reason of:
the aggrieved person’s intersex status; or
a characteristic that appertains generally to persons of intersex status; or
a characteristic that is generally imputed to persons of intersex status;
the discriminator treats the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person who is not of intersex status.
For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person’s intersex status if the discriminator imposes, or proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging persons of intersex status.
This section has effect subject to sections 7B and 7D.
For the purposes of this Act, a person (in this subsection referred to as the discriminator) discriminates against another person (in this subsection referred to as the aggrieved person) on the ground of the marital or relationship status of the aggrieved person if, by reason of:
the marital or relationship status of the aggrieved person; or
a characteristic that appertains generally to persons of the marital or relationship status of the aggrieved person; or
a characteristic that is generally imputed to persons of the marital or relationship status of the aggrieved person;
the discriminator treats the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person of a different marital or relationship status.
For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the marital or relationship status of the aggrieved person if the discriminator imposes, or proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging persons of the same marital or relationship status as the aggrieved person.
This section has effect subject to sections 7B and 7D.
For the purposes of this Act, a person (the discriminator) discriminates against a woman (the aggrieved woman) on the ground of the aggrieved woman’s pregnancy or potential pregnancy if, because of:
the aggrieved woman’s pregnancy or potential pregnancy; or
a characteristic that appertains generally to women who are pregnant or potentially pregnant; or
a characteristic that is generally imputed to women who are pregnant or potentially pregnant;
the discriminator treats the aggrieved woman less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat someone who is not pregnant or potentially pregnant.
For the purposes of this Act, a person (the discriminator) discriminates against a woman (the aggrieved woman) on the ground of the aggrieved woman’s pregnancy or potential pregnancy if the discriminator imposes, or proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging women who are pregnant or potentially pregnant.
This section has effect subject to sections 7B and 7D.
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