When is discrimination lawful?
13 When is discrimination lawful?
This Act does not prohibit discrimination to which a Division of Part 4 applies if—
an exception in that Division applies; or
the conduct constituting discrimination under that Division also constitutes discrimination under another Division of Part 4 and an exception in the other Division applies; or
a general exception under Part 5 applies; or
an exemption under Part 5 applies.
Example
A football club refuses to register a 15-year-old girl to participate in a football competition that is restricted to boys only. Section 72 contains an exception from discrimination on grounds of sex in relation to competitive sporting activity. If that applies to the competition, the club's refusal to register the girl will not be unlawful, regardless of whether any dispute about the refusal is brought as a dispute about discrimination in sport (Division 7), discrimination by a club (Division 6) or discrimination in the provision of services (Division 4).
An exception or an exemption referred to in subsection (1) is a defence to discrimination, and the person seeking to rely on the exception or exemption has the burden of proving that it applies.
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