EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010)

Victorian Numbered Acts

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EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010)

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purposes
2. Commencement
3. Objectives
4. Definitions
5. Act binds the Crown

PART 2--WHAT IS DISCRIMINATION?

6. Attributes
7. Meaning of discrimination
8. Direct discrimination
9. Indirect discrimination
10. Motive is irrelevant to discrimination
11. Discrimination by acting with others and by not acting
12. Special measures
13. When is discrimination lawful?

PART 3--DUTY TO ELIMINATE DISCRIMINATION, SEXUAL HARASSMENT AND VICTIMISATION

14. Purpose of Part
15. Duty to eliminate discrimination, sexual harassment or victimisation

PART 4--WHEN IS DISCRIMINATION PROHIBITED?

Division 1--Discrimination in employment

16. Discrimination against job applicants
17. Employer must accommodate responsibilities as parent or carer of person offered employment
18. Discrimination against employees
19. Employer must accommodate employee's responsibilities as parent or carer
20. Employer must make reasonable adjustments for person offered employment or employee with an impairment
21. Discrimination against contract workers
22. Principal must accommodate contract worker's responsibilities as parent or carer
23. Exception—adjustments for person or employee with an impairment not reasonable
24. Exception—domestic or personal services
25. Exception—care of children
26. Exception—genuine occupational requirements
27. Exception—political employment
28. Exception—welfare services
29. Exception—early retirement schemes

Division 2--Discrimination in employment-related areas

30. Discrimination in establishing firms
31. Discrimination by firms
32. Firm must accommodate responsibilities as parent or carer of person invited to become a partner or of a partner
33. Firm must make reasonable adjustments for person invited to become a partner or partner with an impairment
34. Exception—adjustments for person or partner with an impairment not reasonable
35. Discrimination by industrial organisations
36. Discrimination by qualifying bodies
37. Exception—reasonable terms of qualification

Division 3--Discrimination in education

38. Discrimination by educational authorities
39. Exception—educational institutions for particular groups
40. Educational authority must make reasonable adjustments for person with an impairment
41. Exception—not reasonable for educational authority to make adjustments
42. Exception—standards of dress and behaviour
43. Exception—age-based admission schemes and age quotas

Division 4--Discrimination in the provision of goods and services and disposal of land

44. Discrimination in the provision of goods and services
45. Service provider must make reasonable adjustments for person with an impairment
46. Exception—adjustments to provision of service not reasonable
47. Exception—insurance
48. Exception—credit providers
49. Exception—supervision of children
50. Discrimination in the disposal of land
51. Exception—disposal by will or gift

Division 5--Discrimination in accommodation

52. Discrimination in offering to provide accommodation
53. Discrimination in providing accommodation
54. Discrimination by refusing to allow assistance dogs
55. Discrimination by refusing to allow alterations
56. Discrimination by refusing to allow alterations—owners corporations
57. Discrimination in access to public premises
58. Exception—access to or use of public premises unreasonable
59. Exception—shared accommodation
60. Exception—welfare measures
61. Exception—accommodation for students
62. Exception—accommodation for commercial sexual services
63. Application of this Division

Division 6--Discrimination by clubs and club members

64. Discrimination against applicants for membership
65. Discrimination against club members
66. Exception—clubs for minority cultures
67. Exception—clubs and benefits for particular age groups
68. Exception—single sex clubs
69. Exception—separate access to benefits for men and women

Division 7--Discrimination in sport

70. Definitions
71. Discrimination in sport
72. Exception—competitive sporting activities

Division 8--Discrimination in local government

73. Discrimination by councillors
74. Exception—political belief or activity

PART 5--GENERAL EXCEPTIONS TO AND EXEMPTIONS FROM THE PROHIBITION OF DISCRIMINATION

75. Things done with statutory authority
76. Things done to comply with orders of courts and tribunals
77. Pensions
78. Superannuation—existing fund conditions before 1 January 1996
79. Superannuation—new fund conditions after 1 January 1996
80. Charities
81. Definition of religious body
82. Religious bodies
83. Religious schools
84. Religious beliefs or principles
85. Legal incapacity and age of majority
86. Protection of health, safety and property
87. Age benefits and concessions
88. Special needs
89. Exemptions by the Tribunal
90. Factors to be considered by Tribunal
91. Applicant to give notice to Commission

PART 6--PROHIBITION OF SEXUAL HARASSMENT

92. What is sexual harassment?
93. Harassment by employers and employees
94. Harassment in common workplaces
95. Harassment by partners
96. Harassment in industrial organisations
97. Harassment by members of qualifying bodies
98. Harassment in educational institutions
99. Harassment in the provision of goods and services
100. Harassment in the provision of accommodation
101. Harassment in clubs
102. Harassment in local government

PART 7--PROHIBITION OF OTHER CONDUCT AND VICARIOUS LIABILITY FOR DISCRIMINATION

Division 1--Victimisation

103. Prohibition of victimisation
104. What is victimisation?

Division 2--Authorising or assisting discrimination

105. Prohibition of authorising or assisting discrimination
106. Liability of person who authorises or assists

Division 3--Discriminatory requests for information

107. Prohibition on requesting discriminatory information
108. Exception—information required for purposes not involving prohibited discrimination

Division 4--Vicarious liability

109. Vicarious liability of employers and principals
110. Exception to vicarious liability

PART 8--DISPUTES

Division 1--Dispute resolution by the Commissioner

111. Functions of the Commissioner
112. Principles of dispute resolution offered by the Commissioner
113. Who may bring a dispute to the Commissioner?
114. Representative body may bring a dispute to the Commissioner
115. Beginning and end of dispute resolution
116. Discretion to decline to provide or continue dispute resolution
117. Admissibility of information gathered during dispute resolution
118. Withdrawal from dispute resolution
119. Settlement agreements
120. Registration of settlement agreements
121. Tribunal may make interim orders to prevent prejudice to dispute resolution

Division 2--Applications to the Tribunal

122. Application may be made to Tribunal in respect of dispute
123. Who can apply?
124. Representative body may apply to Tribunal
125. What may the Tribunal decide?
126. Commission may apply to enforce order of Tribunal

PART 9--INVESTIGATIONS AND PUBLIC INQUIRIES

Division 1--Commission may conduct investigation or public inquiry

127. When investigation may be conducted
128. When public inquiry may be conducted
129. Matters referred by Tribunal for investigation or public inquiry

Division 2--Conduct of investigations and public inquiries

130. Commission to conduct investigation or public inquiry as it thinks fit
131. Hearing for public inquiry to be held in public
132. Power to compel production of information or documents
133. Power to compel attendance
134. Compliance with notice requiring attendance or production of documents
135. Protection against self-incrimination
136. Disclosure of identity of persons who give information or documents
137. Publication of evidence, information or documents
138. Tribunal may make interim orders to prevent prejudice to investigation or public inquiry

Division 3--Outcomes of investigations and public inquiries

139. Outcome of an investigation
140. Outcome of a public inquiry
141. Content of reports
142. Report on public inquiry not prohibited disclosure

Division 4--Enforceable undertakings and compliance notices

143. Definition
144. Enforceable undertakings
145. Register of enforceable undertakings
146. Compliance notices
147. Failure to comply with enforceable undertaking or compliance notice

PART 10--PRACTICE GUIDELINES, REVIEWS AND ACTION PLANS

Division 1--Practice guidelines

148. Commission may issue practice guidelines
149. Effect of practice guidelines
150. Publication of practice guidelines or withdrawal of practice guidelines

Division 2--Reviews

151. Commission may conduct review of compliance

Division 3--Action plans

152. Action plans
153. Register of action plans

PART 11--VICTORIAN EQUAL OPPORTUNITY AND HUMAN RIGHTS COMMISSION

Division 1--The Commission

154. Continuation of Commission
155. Functions and powers of Commission
156. Commission's educative functions
157. Commission's research functions
158. Commission may report on educative or research functions
159. Commission may intervene in proceedings
160. Commission may assist in proceedings as amicus curiae

Division 2--The Board

161. Constitution of Board
162. Functions of the Board
163. Terms of appointment of appointed members
164. Resignation and removal
165. Acting appointments
166. Payment of members
167. Procedure of Board
168. Effect of vacancy or defect

Division 3--The Commissioner

169. Appointment and role of Commissioner
170. Terms of appointment
171. Resignation and removal
172. Acting Commissioner
173. Payment of Commissioner

Division 4--General provisions

174. Staff of Commission
175. Delegation
176. Secrecy
177. Disclosure of information relating to disputes, complaints and investigations
178. Protection from liability
179. Annual reports

PART 12--OFFENCES

Division 1--Proceedings for offences

180. Who may bring proceedings for an offence?
181. Offences are to be dealt with summarily

Division 2--Discriminatory advertising

182. Offence of discriminatory advertising
183. Defence
184. Proceedings for the offence of discriminatory advertising

Division 3--Other offences

185. Obstructing Commission
186. False or misleading information

PART 13--GENERAL

187. Proceedings against unincorporated associations
188. Contravention does not create civil or criminal liability
189. Protection of people giving evidence and information
190. Regulations

PART 14--REPEAL OF EQUAL OPPORTUNITY ACT 1995 AND TRANSITIONAL PROVISIONS

Division 1--Repeal of Equal Opportunity Act 1995

191. Repeal of Equal Opportunity Act 1995

Division 2--Transitional Provisions

192. Definitions
193. Complaints lodged before commencement day
194. Alleged contraventions that occurred prior to commencement day
195. Exemptions under the old Act by the Tribunal
196. Tribunal may make orders of a transitional nature

PART 15--CONSEQUENTIAL AMENDMENTS TO THE RACIAL AND RELIGIOUS TOLERANCE ACT 2001 AND OTHER ACTS

Division 1--Amendments to the Racial and Religious Tolerance Act 2001

197. Purposes
198. Definitions
199. Objects of Act
200. What is victimisation?
201. Liability of person who authorises or assists
202. Vicarious liability of employers and principals
203. Part 3 substituted
204. Part 5 substituted

Division 2--Consequential amendments to the Victorian Civil and Administrative Tribunal Act 1998

205. Definitions
206. New section 164 inserted
207. Part 7 of Schedule 1 substituted
208. New Part 16C of Schedule 1 inserted

Division 3--Consequential amendments to other Acts

209. Consequential amendments to other Acts

Division 4--Repeal of Part and Schedule

210. Repeal of Part and the Schedule

PART 16--AMENDMENT OF EQUAL OPPORTUNITY ACT 1995 AND STATUTE LAW REVISION

Division 1--Amendment of Equal Opportunity Act 1995

211. Appointment and role of Commissioner

Division 2--Statute Law Revision

212. Statute Law Revision—Equal Opportunity Act 1995
213. Statute Law Revision—Racial and Religious Tolerance Act 2001

Division 3--Repeal of Part 16

214. Repeal of Part 16

PART 17--AMENDMENTS TO THE EQUAL OPPORTUNITY ACT 2010

215. Section 179 amended
216. Repeal of Part
SCHEDULE
ENDNOTES

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