Equal Opportunity Act 1984

For the purposes of this Act, a person (in this subsection referred to as the discriminator) discriminates against a gender reassigned person on gender history grounds if, on the ground of the gender reassigned person having a gender history, the discriminator treats the gender reassigned person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person not thought by the discriminator to have a gender history.

A reference in subsection (1) to something done on the ground of a person having a gender history includes a reference to something done on the ground of —

a characteristic that appertains generally to persons who have a gender history; or

a characteristic that is generally imputed to persons who have a gender history.

For the purposes of this Act, a person (in this subsection referred to as the discriminator) discriminates against a gender reassigned person on gender history grounds if on the ground of the person having a gender history the discriminator —

treats the person as being of the person’s former sex; or

requires the person to comply with a requirement or condition —

with which a substantially higher proportion of persons who do not have a gender history comply or are able to comply; and

which is not reasonable having regard to the circumstances of the case; and

with which the gender reassigned person does not or is not able to comply.