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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 22:58)
Part 3A Division 3
Division 3 Discrimination in other areas
38K   Education
(1)  It is unlawful for an educational authority to discriminate against a person on transgender grounds:
(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 transgender grounds:
(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 private educational authority.
38L   (Repealed)
38M   Provision of goods and services
It is unlawful for a person who provides (whether or not for payment) goods or services to discriminate against another person on transgender grounds:
(a)  by refusing to provide the person with those goods or services, or
(b)  in the terms on which the other person is provided with those goods or services.
38N   Accommodation
(1)  It is unlawful for a person, whether as principal or agent, to discriminate against another person on transgender grounds:
(a)  by refusing the person’s application for accommodation, or
(b)  in the terms on which he or she offers the person accommodation, or
(c)  by deferring the person’s application for accommodation or giving 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 transgender grounds:
(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, in those premises, and
(b)  the accommodation provided in those premises is for no more than 6 persons.
38O   Registered clubs
(1)  It is unlawful for a registered club to discriminate on transgender grounds against a person who is not a member of the registered club:
(a)  by refusing or failing to accept the person’s application for membership of the club, or
(b)  in the terms on which it is prepared to admit the person to membership of the club.
(2)  It is unlawful for a registered club to discriminate on transgender grounds against a member of the registered club:
(a)  by denying the member access, or limiting the members’ access, to any benefit provided by the club, 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.