1Purposes

The main purposes of this Act are—

(a)

to re-enact and extend the law relating to equal opportunity and protection against discrimination, sexual harassment and victimisation; and

S. 1(ab) inserted by No. 11/2025 s. 5.

(ab)

to protect and promote the right to equality by prohibiting certain conduct involving the vilification of persons with a protected attribute; and

(b)

to amend the Racial and Religious Tolerance Act 2001 in relation to dispute resolution; and

(c)

to make consequential amendments to the Racial and Religious Tolerance Act 2001, the Victorian Civil and Administrative Tribunal Act 1998 and other Acts.

2Commencement

(1)

Section 1, this section and Part 16 come into operation on the day after the day on which this Act receives the Royal Assent.

S. 2(2) repealed by No. 26/2011 s. 4.

* * * * *

(3)

Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4)

If a provision of this Act referred to in subsection (3) does not come into operation before 1 August 2011, it comes into operation on that day.

3Objectives

The objectives of this Act are—

S. 3(a) amended by No. 11/2025 s. 6(a).

(a)

to eliminate discrimination, sexual harassment, victimisation and vilification, to the greatest possible extent;

(b)

to further promote and protect the right to equality set out in the Charter of Human Rights and Responsibilities;

S. 3(c) amended by No. 11/2025 s. 6(a).

(c)

to encourage the identification and elimination of systemic causes of discrimination, sexual harassment, victimisation and vilification;

(d)

to promote and facilitate the progressive realisation of equality, as far as reasonably practicable, by recognising that—

(i)

discrimination can cause social and economic disadvantage and that access to opportunities is not equitably distributed throughout society;

(ii)

equal application of a rule to different groups can have unequal results or outcomes;

(iii)

the achievement of substantive equality may require the making of reasonable adjustments and reasonable accommodation and the taking of special measures;

S. 3(da) inserted by No. 11/2025 s. 6(b).

(da)

in relation to anti-vilification, to promote the full and equal participation of every person in a society that values freedom of expression and is an open and diverse democracy;

(e)

to enable the Victorian Equal Opportunity and Human Rights Commission to encourage best practice and facilitate compliance with this Act by undertaking research, educative and enforcement functions;

S. 3(f) amended by Nos 26/2011 s. 34(Sch. item 1.1), 11/2025 s. 6(c).

(f)

to enable the Victorian Equal Opportunity and Human Rights Commission to resolve disputes about discrimination, sexual harassment, victimisation and vilification in a timely and effective manner, and to also provide direct access to the Victorian Civil and Administrative Tribunal for resolution of such disputes.

4Definitions

(1)

In this Act—

accommodation includes—

(a)

business premises;

(b)

a house or flat;

(c)

a hotel or motel;

(d)

a boarding house or hostel;

(e)

a caravan or caravan site;

(f)

a mobile home or mobile home site;

(g)

a camping site;

S. 4(1) def. of appointed member repealed by No. 26/2011 s. 5(c).

* * * * *

S. 4(1) def. of assistance dog amended by No. 26/2011 s. 34(Sch. item 1.2(a)).

assistance dog means a dog that is trained to perform tasks or functions that assist a person with a disability to alleviate the effects of his or her disability;

attribute means an attribute in section 6;

Board means the Board of the Commission established under section 161;

breastfeeding includes the act of expressing milk;

carer means a person on whom another person is wholly or substantially dependent for ongoing care and attention, other than a person who provides that care and attention wholly or substantially on a commercial basis;

child means a person under the age of 18 years;

club means an association of more than 30 persons associated together for social, literary, cultural, political, sporting, athletic or other lawful purposes that—

(a)

has a licence (other than a temporary limited licence or a major event licence) to supply liquor under the Liquor Control Reform Act 1998; and

(b)

operates its facilities wholly or partly from its own funds;

Commission means the Victorian Equal Opportunity and Human Rights Commission continued in existence by section 154;

S. 4(1) def. of Commis-sioner amended by No. 26/2011 s. 5(b).

Commissioner means the Commissioner appointed under section 170;

contract worker means a person who does work for a principal under a contract between the person's employer and the principal;

detriment includes humiliation and denigration;

S. 4(1) def. of disability inserted by No. 26/2011 s. 5(a), amended by No. 11/2025 s. 32.

disability means—

(a)

total or partial loss of a bodily function; or

(b)

the presence in the body of organisms that may cause disease; or

(c)

total or partial loss of a part of the body; or

(d)

malfunction of a part of the body, including—

(i)

a mental or psychological disease or disorder;

(ii)

a condition or disorder that results in a person learning more slowly than people who do not have that condition or disorder; or

(e)

malformation or disfigurement of a part of the body—

and includes a disability that may exist in the future (including because of a genetic predisposition to that disability) and, to avoid doubt, behaviour that is a symptom or manifestation of a disability;

Examples

Acquired immunodeficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV).

discrimination has the meaning given in Part 2;

dispute means a dispute about compliance with this Act;

S. 4(1) def. of dispute resolution amended by No. 26/2011 s. 34(Sch. item 1.2(b)).

dispute resolution means dispute resolution conducted by the Commission under Division 1 of Part 8;

domestic partner of a person means—

(a)

a person who is in a registered domestic relationship with the person; or

(b)

a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

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

educational institution means a school, college, university or other institution at which education or training is provided;

employee includes—

(a)

a person employed under a contract of service, whether or not under a federal agreement or award;

(b)

a person employed under the Public Administration Act 2004 or appointed to a statutory office;

(c)

a person engaged under a contract for services;

(d)

a person who is engaged to perform any work the remuneration for which is based wholly or partly on commission—

and in Part 6 includes, but does not otherwise in this Act include, an unpaid worker or volunteer;

employer includes—

(a)

a person who employs another person under a contract of service, whether or not under a federal agreement or award;

(b)

a person who engages another person under a contract for services;

(c)

a person who engages another person to perform any work the remuneration for which is based wholly or partly on commission—

and in Part 6 includes, but does not otherwise in this Act include, a person who employs another person on an unpaid or voluntary basis;

employment includes—

(a)

employment under a contract of service, whether or not under a federal agreement or award;

(b)

employment under the Public Administration Act 2004 or under a statutory appointment;

(c)

engagement under a contract for services;

(d)

work that is remunerated wholly or partly on commission—

and in Part 6 includes, but does not otherwise in this Act include, work on a voluntary or unpaid basis;

S. 4(1) def. of employment activity substituted by No. 14/2021 s. 25(a).

employment activity means—

(a)

an employee, in the employee's individual capacity—

(i)

making a reasonable request to the employee's employer, orally or in writing, for information regarding the employee's employment entitlements; or

(ii)

communicating to the employee's employer, orally or in writing, the employee's concern that the employee has not been, is not being or will not be given some or all of the employee's employment entitlements; or

(b)

a contract worker, in the contract worker's individual capacity—

(i)

making a reasonable request to the contract worker's principal, orally or in writing, for information regarding the contract worker's employment entitlements; or

(ii)

communicating to the contract worker's principal, orally or in writing, the contract worker's concern that the contract worker has not been, is not being or will not be given some or all of the contract worker's employment entitlements;

employment agent means a person who carries on a business of providing services for the purpose of finding employment for people seeking to be employed or procuring employees for people seeking to employ them, or both;

S. 4(1) def. of employment entitlements amended by No. 14/2021 s. 25(b).

employment entitlements, in relation to an employee or a contract worker, means the rights and entitlements of the employee or contract worker under an applicable—

(a)

contract of service; or

(b)

federal agreement or award; or

(c)

minimum wage order under the Fair Work Act 2009 of the Commonwealth; or

(d)

contract for services; or

(e)

Act or enactment; or

(f)

law of the Commonwealth;

enactment means a rule, regulation, by-law, local law, order, Order in Council, proclamation or other instrument of a legislative character;

S. 4(1) def. of expunged homosexual conviction inserted by No. 81/2014 s. 6.

expunged homosexual conviction means an expunged conviction within the meaning of Part 8 of the Sentencing Act 1991;

S. 4(1) def. of Fair Work Australia repealed by No. 13/2022 s. 73(1)(a).

* * * * *

S. 4(1) def. of Fair Work Commission inserted by No. 13/2022 s. 73(1)(b).

Fair Work Commission has the same meaning as in the Fair Work Act 2009 of the Commonwealth;

firm has the same meaning as in the Partnership Act 1958;

S. 4(1) def. of gender identity substituted by No. 3/2021 s. 59(1).

gender identity means a person's gender-related identity, which may or may not correspond with their designated sex at birth, and includes the personal sense of the body (whether this involves medical intervention or not) and other expressions of gender, including dress, speech, mannerisms, names and personal references;

home, in relation to a person, means a private residence of that person;

S. 4(1) def. of impairment repealed by No. 26/2011 s. 5(c).

* * * * *

industrial activity means—

(a)

being or not being a member of, or joining, not joining or refusing to join, an industrial organisation or industrial association; or

(b)

establishing or being involved in establishing an industrial organisation or forming or being involved in forming an industrial association; or

(c)

organising or promoting or proposing to organise or promote a lawful activity on behalf of an industrial organisation or industrial association; or

(d)

encouraging, assisting, participating in or proposing to encourage, assist or participate in a lawful activity organised or promoted by an industrial organisation or industrial association; or

(e)

not participating in or refusing to participate in a lawful activity organised or promoted by an industrial organisation or industrial association; or

(f)

representing or advancing the views, claims or interests of members of an industrial organisation or industrial association;

industrial association means a group of employees or employers, formed formally or informally to represent or advance the views, claims or interests of the employees or employers in a particular industry, trade, profession, business or employment, not including an industrial organisation;

industrial organisation means one of the following organisations that is registered or recognised under a State or Commonwealth Act or enactment—

(a)

an organisation of employees;

(b)

an organisation of employers;

(c)

any other organisation established for the purposes of people who carry on a particular industry, trade, profession, business or employment;

lawful sexual activity means engaging in, not engaging in or refusing to engage in a lawful sexual activity;

marital status means a person's status of being—

(a)

single; or

(b)

married; or

(c)

a domestic partner; or

(d)

married but living separately and apart from his or her spouse; or

(e)

divorced; or

(f)

widowed;

member of staff, of the Commission, means a member of the staff referred to in section 174;

occupational qualification means an authorisation or qualification that is needed for, or facilitates—

(a)

the practice of a profession; or

(b)

the carrying on of a trade or business; or

(c)

the engaging in of any other occupation or employment;

S. 4(1) def. of owners corporation amended by No. 81/2011 s. 22(6)(a).

owners corporation has the meaning given in the Owners Corporations Act 2006;

parent includes—

(a)

step-parent;

(b)

adoptive parent;

(c)

foster parent;

(d)

guardian;

parental status means the status of being a parent or not being a parent;

S. 4(1) def. of party amended by Nos 26/2011 s. 34(Sch. item 1.2(c)), 11/2025 s. 10.

party, in relation to a dispute, means—

(a)

a person who brings a dispute to the Commission for dispute resolution under section 113; or

(b)

a representative body who brings a dispute to the Commission for dispute resolution under section 114 or 114A; or

(c)

a person on whose behalf a dispute is brought to the Commission for dispute resolution under section 113 or 114; or

(d)

a person about whom a dispute is brought to the Commission for dispute resolution;

person includes an unincorporated association and, in relation to a natural person, means a person of any age;

physical features means a person's height, weight, size or other bodily characteristics;

political belief or activity means—

(a)

holding or not holding a lawful political belief or view;

(b)

engaging in, not engaging in or refusing to engage in a lawful political activity;

practice guidelines means practice guidelines issued under Division 1 of Part 10;

principal, in relation to a contract worker, means a person who contracts with another person for work to be done by employees of the other person;

S. 4(1) def. of protected attribute inserted by No. 11/2025 s. 7.

protected attribute means an attribute listed in section 102B;

qualifying body means a person or body that is empowered to confer, renew or extend an occupational qualification;

race includes—

(a)

colour;

(b)

descent or ancestry;

(c)

nationality or national origin;

(d)

ethnicity or ethnic origin;

(e)

if 2 or more distinct races are collectively referred to as a race—

(i)

each of those distinct races;

(ii)

that collective race;

relative, in relation to a person, means—

(a)

a spouse or domestic partner of that person; or

(b)

a parent or grandparent of that person or of a spouse or domestic partner of that person; or

(c)

a child or grandchild (whether or not under the age of 18 years) of that person or of a spouse or domestic partner of that person; or

(d)

a brother or sister of that person or of a spouse or domestic partner of that person; or

(e)

a child (whether or not under the age of 18 years) of a brother or sister of that person or of a brother or sister of a spouse or domestic partner of that person; or

(f)

a child (whether or not under the age of 18 years) of a brother or sister of a parent of that person or of a brother or sister of a parent of a spouse or domestic partner of that person;

religious belief or activity means—

(a)

holding or not holding a lawful religious belief or view;

(b)

engaging in, not engaging in or refusing to engage in a lawful religious activity;

services includes, without limiting the generality of the word—

(a)

access to and use of any place that members of the public are permitted to enter;

(b)

banking services, the provision of loans or finance, financial accommodation, credit guarantees and insurance;

(c)

provision of entertainment, recreation or refreshment;

(d)

services connected with transportation or travel;

(e)

services of any profession, trade or business, including those of an employment agent;

(f)

services provided by a government department, public authority, State owned enterprise or municipal council—

but does not include education or training in an educational institution;

S. 4(1) def. of sex charac-teristics inserted by No. 3/2021 s. 59(2).

sex characteristics means a person's physical features relating to sex, including—

(a)

genitalia and other sexual and reproductive parts of the person's anatomy; and

(b)

the person's chromosomes, genes, hormones, and secondary physical features that emerge as a result of puberty;

S. 4(1) def. of sexual orientation substituted by No. 3/2021 s. 59(3).

sexual orientation means a person's emotional, affectional and sexual attraction to, or intimate or sexual relations with, persons of a different gender or the same gender or more than one gender;

S. 4(1) def. of spent conviction inserted by No. 13/2021 s. 27.

spent conviction has the same meaning as in the Spent Convictions Act 2021;

spouse of a person means a person to whom the person is married;

State owned enterprise has the same meaning as in the State Owned Enterprises Act 1992;

terms includes conditions;

Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;

work arrangements means—

(a)

in the case of a person offered employment, arrangements—

(i)

that would apply to the person as an employee; or

(ii)

applying to the workplace; or

(b)

in the case of an employee, arrangements applying to the employee or the workplace; or

(c)

in the case of a contract worker, arrangements applying to the contract worker or the workplace of the principal; or

(d)

in the case of a person invited to become a partner in a firm, arrangements—

(i)

that would apply to the person as a partner; or

(ii)

applying to the firm's workplace; or

(e)

in the case of a partner of a firm, arrangements applying to the partner or the firm's workplace.

(2)

For the purposes of the definition of domestic partner in subsection (1)—

(a)

registered domestic relationship has the same meaning as in the Relationships Act 2008; and

(b)

in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

(3)

A reference in the definition of employee, employer, employment or employment entitlements in subsection (1) to a federal agreement or award is a reference to—

(a)

an enterprise agreement made under the Fair Work Act 2009 of the Commonwealth; or

(b)

an agreement-based transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; or

(c)

a modern award within the meaning of the Fair Work Act 2009 of the Commonwealth; or

S. 4(3)(d) amended by No. 13/2022 s. 73(2).

(d)

a determination of the Fair Work Commission made under the Fair Work Act 2009 of the Commonwealth; or

(e)

an award-based transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; or

(f)

a transitional minimum wage instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth.

5Act binds the Crown

This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

Part 2—What is discrimination?

6Attributes

The following are the attributes on the basis of which discrimination is prohibited in the areas of activity set out in Part 4—

(a)

age;

(b)

breastfeeding;

(c)

employment activity;

(d)

gender identity;

S. 6(e) amended by No. 26/2011 s. 34(Sch. item 2.1).

(e)

disability;

(f)

industrial activity;

(g)

lawful sexual activity;

(h)

marital status;

(i)

parental status or status as a carer;

(j)

physical features;

(k)

political belief or activity;

(l)

pregnancy;

S. 6(la) inserted by No. 7/2022 s. 34.

(la)

profession, trade or occupation;

(m)

race;

(n)

religious belief or activity;

(o)

sex;

S. 6(oa) inserted by No. 3/2021 s. 60.

(oa)

sex characteristics;

(p)

sexual orientation;

S. 6(pa) inserted by No. 81/2014 s. 7.

(pa)

an expunged homosexual conviction;

S. 6(pb) inserted by No. 13/2021 s. 28.

(pb)

a spent conviction;

(q)

personal association (whether as a relative or otherwise) with a person who is identified by reference to any of the above attributes.

7Meaning of discrimination

(1)

Discrimination means—

(a)

direct or indirect discrimination on the basis of an attribute; or

(b)

a contravention of section 17, 19, 20, 22, 32, 33, 40, 45, 54, 55 or 56.

(2)

Discrimination on the basis of an attribute includes discrimination on the basis—

(a)

that a person has that attribute or had it at any time, whether or not he or she had it at the time of the discrimination;

(b)

of a characteristic that a person with that attribute generally has;

(c)

of a characteristic that is generally imputed to a person with that attribute;

(d)

that a person is presumed to have that attribute or to have had it at any time.

S. 7(3) amended by No. 26/2011 s. 34(Sch. item 2.2).

(3)

For the purposes of subsection (2), if a person with a disability is accompanied by or possesses an assistance aid, being accompanied by or the possession of that assistance aid is taken to be a characteristic that a person with that attribute generally has.

S. 7(4) amended by No. 26/2011 s. 34(Sch. items 2.2, 2.3).

(4)

In subsection (3)—

assistance aid means any of the following that alleviates the effects of a person's disability—

(a)

equipment (including a palliative or therapeutic device);

(b)

a person who provides assistance or services to a person with a disability;

Examples

1 an interpreter;

2a reader.

(c)

an assistance dog.

8Direct discrimination

(1)

Direct discrimination occurs if a person treats, or proposes to treat, a person with an attribute unfavourably because of that attribute.

Examples

1 An employer advises an employee that she will not be trained to work on new machinery because she is too old to learn new skills. The employer has discriminated against the employee by denying her training in her employment on the basis of her age.

2 A real estate agent refuses an African man's application for a lease. The real estate agent tells the man that the landlord would prefer an Australian tenant. The real estate agent has discriminated against the man by denying him accommodation on the basis of his race.

(2)

In determining whether a person directly discriminates it is irrelevant—

(a)

whether or not that person is aware of the discrimination or considers the treatment to be unfavourable;

(b)

whether or not the attribute is the only or dominant reason for the treatment, provided that it is a substantial reason.

9Indirect discrimination

(1)

Indirect discrimination occurs if a person imposes, or proposes to impose, a requirement, condition or practice—

(a)

that has, or is likely to have, the effect of disadvantaging persons with an attribute; and

(b)

that is not reasonable.

(2)

The person who imposes, or proposes to impose, the requirement, condition or practice has the burden of proving that the requirement, condition or practice is reasonable.

(3)

Whether a requirement, condition or practice is reasonable depends on all the relevant circumstances of the case, including the following—

(a)

the nature and extent of the disadvantage resulting from the imposition, or proposed imposition, of the requirement, condition or practice;

(b)

whether the disadvantage is proportionate to the result sought by the person who imposes, or proposes to impose, the requirement, condition or practice;

(c)

the cost of any alternative requirement, condition or practice;

(d)

the financial circumstances of the person imposing, or proposing to impose, the requirement, condition or practice;

(e)

whether reasonable adjustments or reasonable accommodation could be made to the requirement, condition or practice to reduce the disadvantage caused, including the availability of an alternative requirement, condition or practice that would achieve the result sought by the person imposing, or proposing to impose, the requirement, condition or practice but would result in less disadvantage.

(4)

In determining whether a person indirectly discriminates it is irrelevant whether or not that person is aware of the discrimination.

Examples

1 A store requires customers to produce photographic identification in the form of a driver's licence before collecting an order. This may disadvantage a person with a visual impairment who is not eligible to hold a driver's licence. The store's requirement may not be reasonable if the person with a visual impairment can provide an alternative form of photographic identification.

2 An advertisement for a job as a cleaner requires an applicant to speak and read English fluently. This may disadvantage a person on the basis of his or her race. The requirement may not be reasonable if speaking and reading English fluently is not necessary to perform the job.

10Motive is irrelevant to discrimination

In determining whether or not a person discriminates, the person's motive is irrelevant.

11Discrimination by acting with others and by not acting

It is irrelevant whether discrimination occurs by a person—

(a)

acting alone or in association with any other person;

(b)

doing an act or omitting to do an act.

Equal Opportunity Act 2010

About this Act

Bill & explanatory material

This Act’s bill