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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 04:41)
Part 3A Division 2
Division 2 Discrimination in work
38C   Discrimination against applicants and employees
(1)  It is unlawful for an employer to discriminate against a person on transgender grounds:
(a)  in the arrangements the employer makes for the purpose of determining who should be offered employment, or
(b)  in determining who should be offered employment, or
(c)  in the terms on which employment is offered.
(2)  It is unlawful for an employer to discriminate against an employee on transgender grounds:
(a)  in the terms or conditions of employment that are afforded to the employee, or
(b)  by denying the employee access, or limiting the employee’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment, or
(c)  by dismissing the employee or subjecting the employee to any other detriment.
(3)  Subsections (1) and (2) do not apply to employment:
(a)  for the purposes of a private household, or
(b)  if the number of persons employed by the employer (disregarding any persons employed within the employer’s private household) does not exceed 5, or
(c)  by a private educational authority.
(4)  For the purposes of subsection (3) (b), a corporation is regarded as the employer of the employees of any other corporation which, with respect to the firstmentioned corporation, is a related body corporate within the meaning of the Corporations Act 2001 of the Commonwealth.
38D   Discrimination against commission agents
(1)  It is unlawful for a principal to discriminate against a person on transgender grounds:
(a)  in the arrangements the principal makes for the purpose of determining who should be engaged as a commission agent, or
(b)  in determining who should be engaged as a commission agent, or
(c)  in the terms on which the principal engages the person as a commission agent.
(2)  It is unlawful for a principal to discriminate against a commission agent on transgender grounds:
(a)  in the terms or conditions that are afforded to the commission agent, or
(b)  by denying the commission agent access, or limiting the commission agent’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with his or her position as a commission agent, or
(c)  by terminating the commission agent’s engagement or subjecting the commission agent to any other detriment.
38E   Discrimination against contract workers
It is unlawful for a principal to discriminate against a contract worker on transgender grounds:
(a)  in the terms on which the contract worker is allowed to work, or
(b)  by not allowing the contract worker to work or continue to work, or
(c)  by denying the contract worker access, or limiting the contract worker’s access, to any benefit associated with the work performed by the contract worker, or
(d)  by subjecting the contract worker to any other detriment.
38F   Partnerships
(1)  It is unlawful for a firm consisting of 6 or more partners, or for any one or more of 6 or more persons proposing to form themselves into a partnership, to discriminate against a person on transgender grounds:
(a)  in the arrangements made for the purpose of determining who should be offered a position as partner in the firm, or
(b)  in determining who should be offered a position as partner in the firm, or
(c)  in the terms on which the person is offered a position as partner in the firm.
(2)  It is unlawful for a firm consisting of 6 or more partners to discriminate against a partner on transgender grounds:
(a)  by denying the partner access, or limiting the partner’s access, to any benefit arising from membership of the firm, or
(b)  by expelling the partner from the firm, or
(c)  by subjecting the partner to any other detriment.
38G   Discrimination by local government councillors
It is unlawful for any member or members of a council of a local government area when acting (whether alone or together) in the course of the member’s or members’ official functions to discriminate against another member of the council on transgender grounds.
38H   Industrial organisations
(1)  It is unlawful for an industrial organisation to discriminate on transgender grounds against a person who is not a member of the industrial organisation:
(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 an industrial organisation to discriminate against a member of the organisation on transgender grounds:
(a)  by denying the member access, or limiting the member’s access, to any benefit provided by the organisation, or
(b)  by depriving the member of membership or varying the terms of his or her membership, or
(c)  by subjecting the member to any other detriment.
38I   Qualifying bodies
It is unlawful for an authority or a body which is empowered to confer, renew or extend an authorisation or a qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to discriminate against a person on transgender grounds:
(a)  by refusing or failing to confer, renew or extend the authorisation or qualification, or
(b)  in the terms on which it is prepared to confer the authorisation or qualification or to renew or extend the authorisation or qualification, or
(c)  by withdrawing the authorisation or qualification or varying the terms or conditions on which it is held.
38J   Employment agencies
It is unlawful for an employment agency to discriminate against a person on transgender grounds:
(a)  by refusing to provide the person with any of its services, or
(b)  in the terms on which it offers to provide the person with any of its services, or
(c)  in the manner in which it provides the person with any of its services.