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Contents (1977 - 48)
Anti-Discrimination Act 1977 No 48
Current version for 8 December 2016 to date (accessed 19 November 2017 at 12:06)
Part 3 Division 3
Division 3 Discrimination in other areas
31A   Education
(1)  It is unlawful for an educational authority to discriminate against a person on the ground of sex:
(a)  by refusing or failing to accept the person’s application for admission as a student, or
(b)  in the terms 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 sex:
(a)  by denying the student access, or limiting the student’s access, to any benefit provided by the educational authority, or
(b)  by expelling the student or subjecting the student to any other detriment.
(3)  Nothing in this section applies to or in respect of:
(a)  a private educational authority, or
(b)  a refusal or failure to accept a person’s application for admission as a student by an educational authority where the educational authority administers a school, college, university or other institution which is conducted solely for students of the opposite sex to the sex of the applicant.
(4)  The admission into any such school, college, university or other institution of a transgender person as referred to in Part 3A who identifies with the sex of persons for whom the school, college, university or other institution is conducted does not, for the purposes of subsection (3) (b), affect its status as a school, college, university or other institution conducted solely for students of the same sex.
32   (Repealed)
33   Provision of goods and services
(1)  It is unlawful for a person who provides, for payment or not, goods or services to discriminate against another person on the ground of sex:
(a)  by refusing to provide the person with those goods or services, or
(b)  in the terms on which he or she provides the person with those goods or services.
(2)  Where a skill is commonly exercised in a different way in relation to men and women, a person does not contravene subsection (1) by exercising the skill in relation to men only, or women only, in accordance with the person’s normal practice.
34   Accommodation
(1)  It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of sex:
(a)  by refusing the person’s application for accommodation,
(b)  in the terms on which he or she offers the person accommodation, or
(c)  by deferring the person’s application for accommodation or according to the person a lower order of precedence in any list of applicants for that accommodation.
(2)  It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of sex:
(a)  by denying the person access, or limiting the person’s access, to any benefit associated with accommodation occupied by the person, or
(b)  by evicting the person or subjecting the person to any other detriment.
(3)  Nothing in this section applies to or in respect of the provision of accommodation in premises if:
(a)  the person who provides or proposes to provide the accommodation or a near relative of that person resides, and intends to continue to reside, on those premises, and
(b)  the accommodation provided in those premises is for no more than 6 persons.
34A   Registered clubs
(1)  It is unlawful for a registered club to discriminate against a person who is not a member of the registered club on the ground of sex:
(a)  by refusing or failing to accept the person’s application for membership, or
(b)  in the terms on which it is prepared to admit the person to membership.
(2)  It is unlawful for a registered club to discriminate against a person who is a member of a registered club on the ground of sex:
(a)  by denying the person access, or limiting the person’s access, to any benefit provided by the registered club,
(b)  by depriving the person of membership or varying the terms of the person’s membership, or
(c)  by subjecting the person to any other detriment.
(3)  Nothing in subsection (1) or (2) renders unlawful discrimination by a registered club against a person on the ground of sex if membership of the registered club is available to persons of the opposite sex only.
(3A)  The admission into any such registered club of a transgender person as referred to in Part 3A who identifies with the sex of persons for whom membership of the registered club is available does not, for the purposes of subsection (3), affect its status as a registered club the membership of which is available to persons of the same sex only.
(4)  Nothing in subsection (1) (paragraph (a) excepted) or subsection (2) renders unlawful discrimination by a registered club against a person on the ground of sex if the discrimination occurs in relation to the use or enjoyment of any benefit provided by the registered club where:
(a)  it is not practicable for the benefit to be used or enjoyed:
(i)  simultaneously, or
(ii)  to the same extent,
by both men and women, and
(b)  either:
(i)  the same, or an equivalent, benefit is provided for the use of men and women separately from each other, or
(ii)  men and women are each entitled to a fair and reasonable proportion of the use and enjoyment of the benefit.
(5)  In determining any matter relating to the application of subsection (4), regard shall be had to:
(a)  the purposes for which the registered club is established,
(b)  the membership of the registered club, including any class or type of membership,
(c)  the nature of the benefits provided by the registered club,
(d)  the opportunities for the use and enjoyment of those benefits by men and women, and
(e)  any other relevant circumstance.