1Short title
This Act may be cited as the Equal Opportunity Act 1984.
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Explanatory material and speeches for the bills of later Acts that amended this Act, newest first. They explain the amendment, not necessarily the provision you are reading.
This Act may be cited as the Equal Opportunity Act 1984.
The provisions of this Act shall come into operation on such day or days as is or are respectively fixed by proclamation.
The objects of this Act are —
to eliminate, so far as is possible, discrimination against persons on the ground of sex, marital status or pregnancy, family responsibility or family status, sexual orientation, race, religious or political conviction, impairment, age, publication of relevant details on the Fines Enforcement Registrar’s website or, in certain cases, gender history in the areas of work, accommodation, education, the provision of goods, facilities and services and the activities of clubs; and
to eliminate, so far as is possible, sexual harassment and racial harassment in the workplace and in educational institutions and sexual harassment and racial harassment related to accommodation; and
to promote recognition and acceptance within the community of the equality of men and women; and
to promote recognition and acceptance within the community of the equality of persons of all races and of all persons regardless of their sexual orientation, religious or political convictions or their impairments or ages.
[Section 3 amended: No. 40 of 1988 s. 5; No. 74 of 1992 s. 5; No. 2 of 2000 s. 28; No. 3 of 2002 s. 47; No. 48 of 2012 s. 46.]
In this Act, unless the contrary intention appears —
accommodation includes residential and business accommodation;
age, in relation to a person, means chronological age of the person;
charitable benefits means benefits for purposes that are exclusively charitable according to the law in force in Western Australia;
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 agent means a person who does work for another person as the agent of that person and who is remunerated, whether in whole or in part, by commission;
Commissioner means the Commissioner for Equal Opportunity appointed under section 75;
committee of management in relation to a club, organisation or incorporated association, means the group or body of persons (however described) that manages the affairs of that club, organisation or incorporated association, as the case may be;
complainant in relation to a complaint, means the person or each of the persons by whom that complaint is lodged;
complaint means —
a complaint, whether or not a representative complaint, lodged under section 83; and
a matter referred to the Tribunal for inquiry as a complaint pursuant to section 107;
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;
Director means the Director of Equal Opportunity in Public Employment appointed under section 142;
document includes any book, register or other record of information, however compiled, recorded or stored;
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; and
work under a contract for services; and
work as a 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;
family responsibility or family status, in relation to a person, means —
having responsibility for the care of another person, whether or not that person is a dependant, other than in the course of paid employment; or
the status of being a particular relative; or
the status of being a relative of a particular person;
Fines Enforcement Registrar means the Registrar appointed under the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 7(1);
functions includes powers, authorities and duties;
gender reassigned person means —
a person who has been issued with a recognition certificate under the Gender Reassignment Act 2000 or a certificate that was an equivalent certificate for the purposes of that Act; or
a person —
whose sex or gender in the registration of the person’s birth under the Births, Deaths and Marriages Registration Act 1998 has been changed under section 36Q of that Act; or
who has been issued a document acknowledging the person’s sex or gender under the Births, Deaths and Marriages Registration Act 1998 section 36ZA;
impairment in relation to a person, means one or more of the following conditions —
any defect or disturbance in the normal structure or functioning of a person’s body; or
any defect or disturbance in the normal structure or functioning of a person’s brain; or
any illness or condition which impairs a person’s thought processes, perception of reality, emotions or judgment or which results in disturbed behaviour,
whether arising from a condition subsisting at birth or from an illness or injury and includes an impairment —
which presently exists or existed in the past but has now ceased to exist; or
which is imputed to the person;
incorporated association means an association that is incorporated or deemed to be incorporated under the Associations Incorporation Act 2015;
inquiry in relation to the Tribunal, means an inquiry referred to in section 107;
institution of tertiary education means a university, college of advanced education or other institution at which tertiary education or training is provided, but does not include a technical and further education institution within the meaning assigned to that term in the Employment, Education and Training Act 1988 of the Commonwealth;
man means a member of the male sex irrespective of age;
marital status means the status or condition of being —
single; or
married; or
married but living separately and apart from one’s spouse; or
divorced; or
widowed; or
the de facto partner of another person;
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);
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 that other person;
private educational authority means a person or body administering an educational institution, not being a school, college, university or other institution established under the School Education Act 1999, the Vocational Education and Training Act 1996, or an Act of incorporation of a university or institute of technology;
race includes colour, descent, ethnic or national origin or nationality and the fact that a race may comprise 2 or more distinct races does not prevent it being a race for the purposes of this Act;
relative, in relation to a person, means a person who is related to the first‑mentioned person by blood, marriage, affinity or adoption and includes a person who is wholly or mainly dependent on, or is a member of the household of, the first‑mentioned person;
relevant details, in relation to a person, has the meaning given in the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 56C;
representative complaint means a complaint lodged under section 83 by a person on behalf of the person and other persons or by 2 or more persons on behalf of themselves and other persons, and which is treated by the Tribunal as a representative complaint;
respondent in relation to a complaint, means the person who is, or each of the persons who are, alleged to have done the act to which the complaint relates;
services includes —
services relating to banking, insurance, superannuation and the provision of grants, loans, credit or finance; and
services relating to entertainment, recreation or refreshment; and
services relating to transport or travel; and
services of the kind provided by members of any profession or trade; and
services of the kind provided by a government (other than the assessment of an application for suitability for adoptive parenthood, or the placement of a child for adoption or with a view to the child’s adoption, under the Adoption Act 1994), a government or public authority or a local government body;
sexual orientation, in relation to a person, means heterosexuality, homosexuality, lesbianism or bisexuality and includes heterosexuality, homosexuality, lesbianism or bisexuality imputed to the person;
State employee includes a member of the Police Force of Western Australia;
Tribunal means the State Administrative Tribunal under the State Administrative Tribunal Act 2004;
vehicle includes a ship and an aircraft;
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; or
a body established by a law of the Commonwealth, or of a State or Territory of the Commonwealth; or
an association that provides grants, loans, credit or finance to its members;
Western Australian law means —
an Act; or
a regulation, rule, local law or by‑law made under or pursuant to an Act; or
an order or award made under or pursuant to —
an Act;
a regulation, rule, local law or by‑law referred to in paragraph (b);
woman means a member of the female sex irrespective of age.
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.
For the purposes of this Act, religious or political conviction shall be construed so as to include a lack or absence of religious or political conviction.
In determining what constitutes “unjustifiable hardship” for the purposes of Part IVA, all relevant circumstances of the particular case shall be taken into account including the nature of the benefit or detriment likely to accrue or be suffered by all persons concerned, the nature of the impairment of the person concerned and the financial circumstances and the estimated amount of expenditure required to be made by the person claiming unjustifiable hardship.
[Section 4 amended: No. 40 of 1988 s. 6; No. 74 of 1992 s. 6; No. 14 of 1996 s. 4; No. 42 of 1996 s. 71(1); No. 36 of 1999 s. 247; No. 2 of 2000 s. 28; No. 3 of 2002 s. 48; No. 65 of 2003 s. 33; No. 55 of 2004 s. 303; No. 21 of 2008 s. 661; No. 48 of 2012 s. 47; No. 30 of 2015 s. 232; No. 31 of 2024 s. 38.]
A reference in Part II, IIAA, IIA, IIB, III, IV, IVA, IVB or IVC to the doing of an act on the ground of a particular matter includes a reference to the doing of an act on the ground of 2 or more matters that include the particular matter, whether or not the particular matter is the dominant or substantial reason for the doing of the act.
[Section 5 amended: No. 40 of 1988 s. 7; No. 74 of 1992 s. 7 and 40; No. 2 of 2000 s. 28; No. 3 of 2002 s. 49; No. 48 of 2012 s. 48.]
This Act binds the Crown.
The Minister may make an arrangement with a Minister of the Commonwealth for or in relation to —
the performance on a joint basis of functions relating to the promotion of the objects of this Act; or
the performance by this State or by an authority of this State on behalf of the Commonwealth of functions, including functions of the Human Rights Commission established by the Human Rights Commission Act 1981 2 of the Commonwealth, relating to the promotion of the objects of this Act.
An arrangement under this section may contain such incidental or supplementary provisions as the Minister and the Minister of the Commonwealth think necessary.
The Minister may arrange with the Minister of the Commonwealth for the variation or revocation of the arrangement.
An arrangement under this section, or the variation or revocation of such an arrangement, shall be in writing and a copy of each instrument by which an arrangement under this section has been made, varied or revoked shall be published in the Gazette.
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, on the ground of —
the sex of the aggrieved person; or
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 the opposite sex.
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 the discriminator requires the aggrieved person to comply with a requirement or condition —
with which a substantially higher proportion of persons of the opposite sex to the aggrieved person comply or are able to comply; and
which is not reasonable having regard to the circumstances of the case; and
with which the aggrieved person does not or is not able to comply.
[Section 8 amended: No. 74 of 1992 s. 40.]
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 status of the aggrieved person if, on the ground of —
the marital status of the aggrieved person; or
a characteristic that appertains generally to persons of the marital status of the aggrieved person; or
a characteristic that is generally imputed to persons of the marital 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 status.
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 status of the aggrieved person if the discriminator requires the aggrieved person to comply with a requirement or condition —
with which a substantially higher proportion of persons not of the same marital status as the aggrieved person comply or are able to comply; and
which is not reasonable having regard to the circumstances of the case; and
with which the aggrieved person does not or is not able to comply.
[Section 9 amended: No. 74 of 1992 s. 40.]
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 pregnancy of the aggrieved person if —
on the ground of —
the pregnancy of the aggrieved person; or
a characteristic that appertains generally to persons who are pregnant; or
a characteristic that is generally imputed to persons who are pregnant,
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 was not pregnant; and
the less favourable treatment is not reasonable in the circumstances.
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 pregnancy of the aggrieved person if the discriminator requires the aggrieved person to comply with a requirement or condition —
with which a substantially higher proportion of persons who are not pregnant comply or are able to comply; and
which is not reasonable having regard to the circumstances of the case; and
with which the aggrieved person does not or is not able to comply.
[Section 10 amended: No. 74 of 1992 s. 40.]
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 breast feeding if on the ground of —
the aggrieved person breast feeding or bottle feeding an infant or proposing to do so; or
a characteristic that appertains generally to persons who are breast feeding or bottle feeding; or
a characteristic that is generally imputed to persons who are breast feeding or bottle feeding,
the discriminator treats the aggrieved person less favourably than, in circumstances that are the same or not materially different, the discriminator treats or would treat a person who was not breast feeding or bottle feeding.
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 breast feeding or bottle feeding if the discriminator requires the aggrieved person to comply with a requirement or condition —
with which a substantially higher proportion of persons who are not breast feeding or bottle feeding comply or are able to comply; and
which is not reasonable having regard to the circumstances of the case; and
with which the aggrieved person does not or is not able to comply.
[Section 10A inserted: No. 2 of 2010 s. 5.]
It is unlawful for an employer to discriminate against a person on the ground of the person’s sex, marital status, pregnancy or breast feeding —
in the arrangements made for the purpose of determining who should be offered employment; or
in determining who should be offered employment; or
in the terms or conditions on which employment is offered.
It is unlawful for an employer to discriminate against an employee on the ground of the employee’s sex, marital status, pregnancy or breast feeding —
in the terms or conditions of employment that the employer affords the employee; or
by denying the employee access, or limiting the employee’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment; or
by dismissing the employee; or
by subjecting the employee to any other detriment.
Nothing in subsection (1)(a) and (b) renders it unlawful for a person to discriminate against another person, on the ground of the other person’s sex, in connection with employment to perform domestic duties on the premises on which the first‑mentioned person resides.
[Section 11 amended: No. 2 of 2010 s. 6.]
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