Section 21 — Sex Discrimination Act 1984: Education

(1) It is unlawful for an educational authority to discriminate against a person on the ground of the person’s sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, or breastfeeding: (a) by refusing or failing to accept the person’s application for admission as a student; or (b) in the terms or conditions on which it is prepared to admit the person as a student. (2) It is unlawful for an educational authority to discriminate against a student on the ground of the student’s sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, or breastfeeding: (a) by denying the student access, or limiting the student’s access, to any benefit provided by the educational authority; (b) by expelling the student; or (c) by subjecting the student to any other detriment. (3) Nothing in this section applies to or in respect of a refusal or failure to accept a person’s application for admission as a student at an educational institution where: (a) the educational institution is conducted solely for students of a different sex from the sex of the applicant; or (b) except in the case of an institution of tertiary education—education or training at the level at which the applicant is seeking education or training is provided by the educational institution only or mainly for students of a different sex from the sex of the applicant.