Anti-Discrimination Act 1992

accommodation includes:

accommodation status includes being:

acting in an official capacity, in relation to a person, means the person is exercising powers or performing functions under, or otherwise related to the administration of, this Act.

advertisement means every form of advertisement or notice, however displayed, and whether or not displayed to the public, and includes an advertisement:

(a) in a newspaper, on the internet or in another publication, whether in printed or electronic form; and

(d) by distribution of samples, circulars, catalogues, price lists or other material; and

artificial fertilisation procedure means any artificial insemination procedure or in vitro fertilisation procedure.

artificial insemination procedure means a procedure where human sperm are introduced, by a non-coital method, into the reproductive system of a woman but which is not, and is not an integral part of, an in vitro fertilisation procedure.

assistance animal, see section 4A.

attribute means an attribute referred to in section 19.

carer responsibilities means whether or not the person is a parent or has responsibility to care for a family member or near relative or through kinship or otherwise.

child means a person who has not attained the age of 18 years.

club means an incorporated or unincorporated association of not less than 30 members that:

(a) is established for social, literary, cultural, political, sporting, athletic, recreational or community service purposes or any other similar lawful purpose; and

(b) provides and maintains its facilities, wholly or partly, from funds of the association.

Commissioner means the person appointed under section 6 to be the Anti-Discrimination Commissioner and includes a person appointed under section 11 to act as the Commissioner, when so acting.

committee of management, in relation to a club, means the group or body of people, by whatever name called, that manages the affairs of the club.

complainant means the person making a complaint and includes a person joined as a complainant under section 73.

complaint means a complaint made under Part 6.

conciliation means a conciliation under Part 6, Division 3.

disability includes the following:

(ii) organisms impeding, capable of impeding or that may impede the capacity of the body to combat disease;

(g) psychiatric or psychological disease or disorder, whether permanent or temporary;

(h) a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction;

(i) a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour.

disability aid means equipment (including a palliative or therapeutic device) that is generally recognised to alleviate an effect of a disability.

document includes:

(b) paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and

(c) an article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device.

domestic violence, see section 5 of the Domestic and Family Violence Act 2007.

educational authority means the body or person administering an educational institution.

educational institution includes the following:

(a) a childcare centre, school, college, university or other institution at which any form of training or instruction is provided;

(b) a place at which training or instruction is provided by an employer;

employment status includes the following:

enforceable undertaking means an enforceable undertaking under section 110B.

enforcement order means an enforcement order under section 110C.

gender identity means a person's gender-related identity, which may or may not correspond with the person's designated sex at birth, and includes:

(a) the personal sense of the body (whether this involves medical intervention or not); and

(b) other expressions of gender, such as dress, speech, mannerisms, names and personal references.

HIV/hepatitis status means having:

homeless means without access to safe and secure housing.

individual complaint means a complaint other than a representative complaint.

insurance includes:

in vitro fertilisation procedure means a procedure which:

(a) is consequent on the removal of an egg from the body of a woman, and carried out for one or more of the following purposes:

(ii) the keeping or use of the egg with intent to derive from it an egg in the process of fertilisation or an embryo;

(iii) the keeping or use of the egg in the process of fertilisation or embryo so derived; or

(ii) an egg in the process of fertilisation or an embryo, whether produced by the woman or by another woman and whether or not fertilisation began outside the body into which it is introduced.

irrelevant criminal record, in relation to a person, means:

(a) a spent record within the meaning of the Criminal Records (Spent Convictions) Act 1992; or

(ab) a record expunged under the Expungement of Historical Homosexual Offence Records Act 2018; or

(ac) a record expunged under Part XI, Division 18, of the Criminal Code; or

(b) a record relating to arrest, interrogation or criminal proceedings where:

(i) no further action was taken in relation to the arrest, interrogation or charge of the person; or

(ix) the circumstances relating to the offence for which the person was found guilty are not directly relevant to the situation in which the discrimination arises.

near relative, in relation to a person, means:

(b) the spouse or de facto partner of the person or a person referred to in paragraph (a).

parent includes a step-parent, adoptive parent, foster parent, guardian and a person who provides care, nurturing and support to a child.

pregnancy includes child bearing capacity.

proceeding includes a conciliation or an investigation.

prohibited conduct means:

(a) discrimination, other than discrimination exempted from the application of this Act; or

race includes:

(a) the nationality, ethnic or national origin, colour, descent or ancestry of a person; and

relationship status means whether or not a person:

(c) is married but living separately and apart from the person's spouse; or

(h) is the de facto partner, or was the de facto partner, of a particular person.

representative complaint means a complaint mentioned in section 60(c).

respondent, in relation to a complaint, means the person or organisation alleged in the complaint to have engaged in prohibited conduct or systemic discrimination and includes a person joined as a respondent under section 73.

services include:

(a) access to or use of any land, place, vehicle or facility that members of the public are, or a section of the public is, permitted to use; and

(b) banking or the supply of loans, finance, credit guarantees, hire purchase schemes or any other type of financial accommodation; and

(c) services connected with the selling or leasing of an interest in land; and

(d) recreation, including entertainment, sports, tourism and the arts; and

(h) services provided by a government, statutory corporation, a company or other body corporate in which a government has a controlling interest, or a local government council;

but does not include insurance and superannuation.

sex characteristics means a person's physical features and development relating to sex, including the following:

(a) genitalia, gonads and other sexual and reproductive parts of the person's anatomy;

sexual orientation means each person's capacity for profound emotional, affectional and sexual attraction to, and intimate and sexual relations with, individuals of the same gender identity, a different gender identity or more than one gender identity.

sex work means provision by a person of either of the following services in return for payment or reward:

(a) services that involve the person participating in sexual activity with another person;

(b) services that involve the use or display of the person's body for the sexual arousal or gratification of others.

supervision, in relation to a child, means to oversee or superintend the execution of or performance of work or other tasks by the child.

support person means a person who provides assistance or services to another person because of a disability the other person has.

Examples for definition support person

A carer, an assistant, an interpreter or a reader.

systemic discrimination means behaviour, practices, policies or programs of an organisation or Agency that have the effect of creating or perpetuating disadvantage for a group that shares a protected attribute.

Tribunal means the Civil and Administrative Tribunal.

victimisation, see section 23(2).

work includes work carried out in any capacity and at any place, including as:

(g) a student or other person gaining work experience, whether formal or informal; or

(j) part of a vocational training program or other occupational training or retraining program; or

(2) For the purposes of this Act, a person may be discriminated against on the ground of race even if the person is, in addition to that race, of one or more other races.

(3) For the purposes of this Act, trade union or employer association activity is to be construed to include membership or non membership of a trade union or employer association and a lack or absence of trade union or employer association activity.

(4) For the purposes of this Act, religious belief or activity is to be construed to include Aboriginal spiritual belief or activity.

(5) For the purposes of this Act, political opinion, affiliation or activity is to be construed to include a lack or absence of political opinion, affiliation or activity.

(5A) For the purposes of this Act, sexual orientation is to be construed to include an absence of profound emotional, affectional and sexual attraction to other individuals.

(6) 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 such a refusal or failure.

(7) Unless the contrary intention appears, a reference in this Act to a person includes a reference to an unincorporated association.

(8) A reference in this Act to the provision of a service does not include the carrying out of an artificial fertilisation procedure.

Note for section 4

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.