Sex Discrimination Act 1984
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short title
This Act may be cited as the Sex Discrimination Act 1984.
Section 2 — Commencement
This Act shall come into operation on a day to be fixed by Proclamation.
Section 3 — Objects
The objects of this Act are: (a) to give effect to certain provisions of the Convention on the Elimination of All Forms of Discrimination Against Women and to provisions of other relevant…
Section 4 — Interpretation
(1) In this Act, unless the contrary intention appears: accommodation includes residential and business accommodation. ACNC type of entity means an entity that meets the description of a type of…
Section 4A — Meaning of family responsibilities
(1) In this Act, family responsibilities, in relation to a person, means responsibilities of the person to care for or support: (a) a dependent child of the person; or (b) any other immediate family…
Section 4B — Meaning of potential pregnancy
A reference in this Act to potential pregnancy of a woman includes a reference to: (a) the fact that the woman is or may be capable of bearing children; or (b) the fact that the woman has expressed a…
Section 5 — Sex discrimination
(1) 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…
Section 5A — Discrimination on the ground of sexual orientation
(1) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person’s sexual orientation if, by reason of:…
Section 5B — Discrimination on the ground of gender identity
(1) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person’s gender identity if, by reason of:…
Section 5C — Discrimination on the ground of intersex status
(1) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person’s intersex status if, by reason of:…
Section 6 — Discrimination on the ground of marital or relationship status
(1) 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…
Section 7 — Discrimination on the ground of pregnancy or potential pregnancy
(1) For the purposes of this Act, a person (the discriminator) discriminates against a woman (the aggrieved woman) on the ground of the aggrieved woman’s pregnancy or potential pregnancy if, because…
Section 7A — Discrimination on the ground of family responsibilities
For the purposes of this Act, an employer discriminates against an employee on the ground of the employee’s family responsibilities if: (a) the employer treats the employee less favourably than the…
Section 7AA — Discrimination on the ground of breastfeeding
(1) For the purposes of this Act, a person (the discriminator) discriminates against a woman (the aggrieved woman) on the ground of the aggrieved woman’s breastfeeding if, by reason of: (a) the…
Section 7B — Indirect discrimination: reasonableness test
(1) A person does not discriminate against another person by imposing, or proposing to impose, a condition, requirement or practice that has, or is likely to have, the disadvantaging effect mentioned…
Section 7C — Burden of proof
In a proceeding under this Act, the burden of proving that an act does not constitute discrimination because of section 7B lies on the person who did the act.
Section 7D — Special measures intended to achieve equality
(1) A person may take special measures for the purpose of achieving substantive equality between: (a) men and women; or (aa) people who have different sexual orientations; or (ab) people who have…
Section 8 — Act done for 2 or more reasons
A reference in subsection 5(1), 5A(1), 5B(1), 5C(1), 6(1), 7(1) or 7AA(1), section 7A or subsection 28AA(1) to the doing of an act by reason of a particular matter includes a reference to the doing…
Section 8A — Workplace environment that is hostile for 2 or more reasons
For the purposes of this Act, a workplace environment may be offensive, intimidating or humiliating to a person by reason of: (a) the sex of the person; or (b) a characteristic that appertains…
Section 9 — Application of Act
(1) In this section: Australia includes the external Territories. prescribed provisions of Division 3 of Part II means the provisions of Division 3 of Part II other than sections 28D and 28L.…
Section 10 — Operation of State and Territory laws
(1) A reference in this section to this Act is a reference to this Act as it has effect by virtue of any of the provisions of section 9 other than subsection 9(10). (2) A reference in this section to…
Section 11 — Operation of State and Territory laws that further objects of relevant international instruments
(1) A reference in this section to this Act is a reference to this Act as it has effect by virtue of subsection 9(10). (2) A reference in this section to a law of a State or Territory is a reference…
Section 12 — Crown to be bound
(1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence.
Section 13A — Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Section 14 — Discrimination in employment or in superannuation
(1) It is unlawful for an employer to discriminate against a person on the ground of the person’s sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy…
Section 15 — Discrimination against commission agents
(1) It is unlawful for a principal to discriminate against a person on the ground of the person’s sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy…
Section 16 — Discrimination against contract workers
It is unlawful for a principal to discriminate against a contract worker on the ground of the contract worker’s sex, sexual orientation, gender identity, intersex status, marital or relationship…
Section 17 — Partnerships
(1) It is unlawful for 6 or more persons, being persons who are proposing to form themselves into a partnership, to discriminate against a person on the ground of the person’s sex, sexual…
Section 18 — Qualifying bodies
It is unlawful for an authority or body that is empowered to confer, renew, extend, revoke or withdraw an authorization or qualification that is needed for or facilitates the practice of a…
Section 19 — Registered organisations under the Fair Work (Registered Organisations) Act 2009
(1) It is unlawful for a registered organisation, the committee of management of a registered organisation or a member of the committee of management of a registered organisation to discriminate…
Section 20 — Employment agencies
It is unlawful for an employment agency to discriminate against a person on the ground of the person’s sex, sexual orientation, gender identity, intersex status, marital or relationship status,…
Section 21 — 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…
Section 22 — Goods, services and facilities
It is unlawful for a person who, whether for payment or not, provides goods or services, or makes facilities available, to discriminate against another person on the ground of the other person’s sex,…
Section 23 — Accommodation
(1) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person’s sex, sexual orientation, gender identity, intersex status,…
Section 24 — Land
(1) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person’s sex, sexual orientation, gender identity, intersex status,…
Section 25 — Clubs
(1) It is unlawful for a club, the committee of management of a club or a member of the committee of management of a club to discriminate against a person who is not a member of the club on the…
Section 26 — Administration of Commonwealth laws and programs
It is unlawful for a person who performs any function or exercises any power under a Commonwealth law or for the purposes of a Commonwealth program, or has any other responsibility for the…
Section 27 — Requests for information
(1) It is unlawful for a person (the first person) to request or require another person (the other person) to provide information (whether by way of completing a form or otherwise) if: (a) the…
Section 28A — Meaning of sexual harassment
(1) For the purposes of this Act, a person sexually harasses another person (the person harassed) if: (a) the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to…
Section 28AA — Meaning of harassment on the ground of sex
(1) For the purposes of this Act, a person harasses another person (the person harassed) on the ground of sex if: (a) by reason of: (i) the sex of the person harassed; or (ii) a characteristic that…
Section 28AB — Meaning of worker in a business or undertaking
For the purposes of this Act, if a person (the first person) is a worker because the first person carries out work for a person conducting a business or undertaking, the first person is a worker in…
Section 28B — Employment, partnerships etc.
(1) It is unlawful for a person to sexually harass or harass on the ground of sex: (a) an employee of the person; or (b) a person who is seeking to become an employee of the person. (2) It is…
Section 28C — Members of bodies with power to grant etc. occupational qualifications etc.
(1) It is unlawful for a member of an authority or body that has power to take action in connection with an occupational qualification to sexually harass, or harass on the ground of sex, a person…
Section 28D — Registered organisations
It is unlawful for: (a) a member of a registered organisation; or (b) a member of the staff of a registered organisation; to sexually harass, or harass on the ground of sex, a member of the…
Section 28E — Employment agencies
It is unlawful for: (a) a person who operates an employment agency; or (b) a member of the staff of an employment agency; to sexually harass, or harass on the ground of sex, another person in the…
Section 28F — Educational institutions
(1) It is unlawful for a member of the staff of an educational institution to sexually harass or harass on the ground of sex: (a) a person who is a student at the institution; or (b) a person who is…
Section 28G — Goods, services and facilities
(1) It is unlawful for a person to sexually harass, or harass on the ground of sex, another person in the course of providing, or offering to provide, goods, services or facilities to that other…
Section 28H — Provision of accommodation
(1) It is unlawful for a person to sexually harass, or harass on the ground of sex, another person in the course of providing, or offering to provide, (whether as principal or agent) accommodation to…
Section 28J — Land
It is unlawful for a person to sexually harass, or harass on the ground of sex, another person in the course of dealing (whether as principal or agent) with that other person in connection with: (a)…
Section 28K — Clubs
It is unlawful for a member of the committee of management of a club to sexually harass, or harass on the ground of sex, a member of the club or a person seeking to become a member of the club.