Sex Discrimination Act 1984
Sections and provisions with full text and the judgments that cite each one.
Section 28L — Commonwealth laws and programs
It is unlawful for a person: (a) in the course of performing any function, or exercising any power, under a Commonwealth law or for the purposes of a Commonwealth program; or (b) in the course of…
Section 28M — Hostile workplace environments
(1) It is unlawful for a person to subject another person to a workplace environment that is hostile on the ground of sex. (2) A person (the first person) subjects another person (the second person)…
Section 30 — Certain discrimination on ground of sex not unlawful
(1) Nothing in paragraph 14(1)(a) or (b), 15(1)(a) or (b) or 16(b) renders it unlawful for a person to discriminate against another person, on the ground of the other person’s sex, in connection with…
Section 31 — Pregnancy, childbirth or breastfeeding
Nothing in Division 1 or 2 renders it unlawful for a person to discriminate against a man on the ground of his sex by reason only of the fact that the first-mentioned person grants to a woman rights…
Section 32 — Services for members of one sex
Nothing in Division 1 or 2 applies to or in relation to the provision of services the nature of which is such that they can only be provided to members of one sex.
Section 34 — Accommodation provided for employees or students
(1) Nothing in Division 1 or 2 renders it unlawful for an employer who provides accommodation to employees of the employer to provide accommodation of different standards to different employees…
Section 35 — Residential care of children
(1) Nothing in paragraph 14(1)(a) or (b) or 16(b) renders it unlawful for a person to discriminate against another person on the ground of the other person’s sex in connection with a position as an…
Section 36 — Charities
Divisions 1 and 2 do not: (a) affect a provision (whether made before or after the commencement of this Part) of the governing rules (within the meaning of the Australian Charities and…
Section 37 — Religious bodies
(1) Nothing in Division 1 or 2 affects: (a) the ordination or appointment of priests, ministers of religion or members of any religious order; (b) the training or education of persons seeking…
Section 38 — Educational institutions established for religious purposes
(1) Nothing in paragraph 14(1)(a) or (b) or 14(2)(c) renders it unlawful for a person to discriminate against another person on the ground of the other person’s sex, sexual orientation, gender…
Section 39 — Voluntary bodies
Nothing in Division 1 or 2 renders it unlawful for a voluntary body to discriminate against a person, on the ground of the person’s sex, sexual orientation, gender identity, intersex status, marital…
Section 40 — Acts done under statutory authority
(1) Nothing in Division 1 or 2 affects anything done by a person in direct compliance with: (c) a determination or decision of the Commission; (d) an order of a court; or (e) an order, determination…
Section 41 — Insurance
(1) Nothing in Division 1 or 2 makes discrimination by one person (in this subsection called the insurer) against another person (in this subsection called the client) unlawful if: (a) the…
Section 41A — New superannuation fund conditions
(1) Nothing in Division 1 or 2 makes discrimination in relation to a superannuation fund by one person (in this subsection called the discriminator) against another person (in this subsection called…
Section 41B — Existing superannuation fund conditions
(1) This section applies to a person (in this section called the member) if: (a) the person was a member of a superannuation fund immediately before the commencement of this section; and (b) unless…
Section 42 — Sport
(1) Nothing in Division 1 or 2 renders it unlawful to discriminate on the ground of sex, gender identity or intersex status by excluding persons from participation in any competitive sporting…
Section 43A — Requests for information and keeping of records: not allowing for identifying as being neither male nor female
(1) The making of a request for information is not unlawful under Division 1 or 2 merely because the request does not allow for a person to identify as being neither male nor female. (2) Nothing in…
Section 44 — Commission may grant exemptions
(1) The Commission may, on application by: (a) a person, on that person’s own behalf or on behalf of that person and another person or other persons; (b) 2 or more persons, on their own behalf or on…
Section 45 — Review by Administrative Review Tribunal
Applications may be made to the Administrative Review Tribunal for review of decisions made by the Commission under section 44.
Section 46 — Notice of decisions to be published
(1) The Commission shall, not later than one month after it makes a decision under section 44, cause to be published in the Gazette a notice of the making of the decision: (a) containing a statement…
Section 47 — Effect of exemptions
Nothing in Division 1 or 2 renders it unlawful for a person who has been granted an exemption from a provision of that Division, or a person in the employment or under the direction or control of a…
Section 47A — Victimisation
(1) It is unlawful for a person to commit an act of victimisation against another person. Note 1: See also section 94 (offence of victimisation). Note 2: See also the definition of unlawful…
Section 47B — Simplified outline of this Part
An employer or a person conducting a business or undertaking must take reasonable and proportionate measures to eliminate, as far as possible, certain discriminatory conduct. Division 4A of Part II…
Section 47C — Duty to eliminate unlawful sex discrimination etc.
Positive duty (1) An employer or a person conducting a business or undertaking (the duty holder) must take reasonable and proportionate measures to eliminate, as far as possible: (a) conduct covered…
Section 48 — Functions of the Commission
(1) The following functions are hereby conferred on the Commission: (c) to exercise the powers conferred on it by section 44; (d) to promote an understanding and acceptance of, and compliance with,…
Section 85 — Unlawful act not offence unless expressly so provided
Except as expressly provided by this Part, nothing in this Act makes it an offence to do an act that is unlawful by reason of a provision of Part II or IIA.
Section 86 — Advertisements
(1) A person shall not publish or display an advertisement or notice that indicates, or could reasonably be understood as indicating, an intention to do an act that is unlawful by reason of a…
Section 87 — Failure to provide actuarial or statistical data
(1) Where a person has engaged in an act of discrimination that would, apart from subsection 41(1), be unlawful, the President or the Commission may, by notice in writing served on the person as…
Section 92 — Particulars of complaints not to be communicated
(1) Subject to subsection (2), where a complaint alleging that a person has done an act that is unlawful under Division 3 of Part II is lodged with the Commission under section 46P of the Australian…
Section 94 — Victimisation
(1) A person shall not commit an act of victimisation against another person. Penalty: (a) in the case of a natural person—25 penalty units or imprisonment for 3 months, or both; or (b) in the case…
Section 95 — Obstruction etc.
(1) A person shall not insult, hinder, obstruct, molest or interfere with a person exercising a power or performing a function under this Act. Penalty: 10 penalty units. (2) For the purposes of an…
Section 96 — Sex Discrimination Commissioner
(1) There shall be a Sex Discrimination Commissioner, who shall be appointed by the Governor-General. (2) A person must not be appointed under subsection (1) as the Sex Discrimination Commissioner…
Section 97 — Terms and conditions of appointment
(1) Subject to this section, the Commissioner holds office for such period as is specified in the instrument of the person’s appointment, but is eligible for re-appointment. (2) A person must not be…
Section 98 — Remuneration of Commissioner
(1) The Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Remuneration Tribunal is in operation, the…
Section 99 — Leave of absence
(1) The Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal. (2) The Minister may grant the Commissioner leave of absence, other than recreation leave,…
Section 100 — Outside employment
The Commissioner shall not, except with the approval of the Minister, engage in paid employment outside the duties of the office of Commissioner.
Section 101 — Resignation
The Commissioner may resign from the office of Commissioner by writing delivered to the Governor-General.
Section 102 — Termination of appointment
(1) The Governor-General may terminate the appointment of the Commissioner by reason of misbehaviour or of physical or mental incapacity. (2) The Governor-General shall terminate the appointment of…
Section 103 — Acting Commissioner
The Minister may appoint a person to act as Commissioner: (a) during a vacancy in the office of Commissioner, whether or not an appointment has previously been made to the office; or (b) during any…
Section 104 — Delegation
(1) The Commission may by writing under its seal, delegate to a member of the Commission, the Commissioner, a member of the staff of the Commission or another person or body of persons all or any of…
Section 105 — Liability of persons involved in unlawful acts
A person who causes, instructs, induces, aids or permits another person to do an act that is unlawful under Division 1, 2, 3 or 5 of Part II shall, for the purposes of this Act, be taken also to have…
Section 106 — Vicarious liability etc.
(1) Subject to subsection (2), where an employee or agent of a person does, in connection with the employment of the employee or with the duties of the agent as an agent: (a) an act that would, if it…
Section 107 — Acts done on behalf of bodies
(1) Where, for the purposes of this Act, it is necessary to establish that a body corporate has done an act on a particular ground, it is sufficient to establish that a person who acted on behalf of…
Section 108 — Commonwealth deemed to be employer
For the purposes of this Act, all Commonwealth employees shall be deemed to be employed by the Commonwealth.
Section 109 — State taken to be employer
For the purposes of this Act, a State employee of a State is taken to be employed by the State.
Section 110 — Unlawful act not basis of civil action unless expressly so provided
Except as expressly provided by this Act, nothing in this Act confers on a person any right of action in respect of the doing of an act that is unlawful by reason of a provision of Part II or IIA.
Section 111 — Protection from civil actions
(1A) Subsection (1) applies in relation to any of the following persons: (a) the Commission; (b) the Commissioner or another member of the Commission; (c) a person acting under the direction or…
Section 112 — Non-disclosure of private information
(1) A person who is, or has at any time been, the Commissioner, a member of the Commission or a member of the staff assisting the Commission or is, or has at any time been, authorized to perform or…
Section 113 — Information stored otherwise than in written form
Where information is recorded or stored by means of a mechanical, electronic or other device, any duty imposed by this Act to produce the document recording that information shall be construed as a…
Section 114 — Commissioner to furnish information
The Commissioner shall furnish to the Commission such information relating to the operations of the Commissioner under this Act as the Commission from time to time requires.