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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 17:44)
Part 5
Part 5 Other unlawful acts
50   Victimisation
(1)  It is unlawful for a person (the discriminator) to subject another person (the person victimised) to any detriment in any circumstances on the ground that the person victimised has:
(a)  brought proceedings against the discriminator or any other person under this Act,
(b)  given evidence or information in connection with proceedings brought by any person against the discriminator or any other person under this Act,
(c)  alleged that the discriminator or any other person has committed an act which, whether or not the allegation so states, would amount to a contravention of this Act, or
(d)  otherwise done anything under or by reference to this Act in relation to the discriminator or any other person,
or by reason that the discriminator knows that the person victimised intends to do any of those things, or suspects that the person victimised has done, or intends to do, any of them.
(2)  Subsection (1) does not apply to the subjecting of a person to a detriment by reason of an allegation made by the person if the allegation was false and not made in good faith.
51   Advertisements
(1)  In this section:
(a)  advertisement, without affecting the generality of the expression, includes any notice, sign, label, circular and any similar thing, and includes any matter that is not writing but which, by reason of the form or context in which it appears, conveys a message, and
(b)  a reference to the publishing of an advertisement is a reference to the publishing of the advertisement by any means including the publishing thereof in a newspaper or periodical, by radio or television broadcast or in a film.
(2)  A person shall not publish or cause to be published an advertisement that indicates an intention to do an act that is unlawful under this Act.
Maximum penalty: 50 penalty units in the case of a body corporate or 10 penalty units in any other case.
(3)  For the purposes of subsection (2), but without limiting the generality of that subsection, the use of a word which, by reason of its gender, denotes a person or persons of a particular sex:
(a)  as or as part of:
(i)  the description of a job offered, or
(ii)  the description of a class of persons to whom any offer or invitation is made,
by an advertisement, or
(b)  as or as part of a classification or heading under which an advertisement which makes any offer or invitation is published, shall be taken to indicate the intention that the offer of the job or other offer or invitation made by the advertisement is made only to persons of that sex, unless the contrary intention appears in the advertisement or in the classification or heading.
(4)  In proceedings for an offence under subsection (2), it is a defence for the defendant to prove that he or she believed on reasonable grounds that the publication of the advertisement was not an offence under that subsection.
52   Aiding and abetting etc
It is unlawful for a person to cause, instruct, induce, aid or permit another person to do an act that is unlawful by reason of a provision of this Act.
53   Liability of principals and employers
(1)  An act done by a person as the agent or employee of the person’s principal or employer which if done by the principal or employer would be a contravention of this Act is taken to have been done by the principal or employer also unless the principal or employer did not, either before or after the doing of the act, authorise the agent or employee, either expressly or by implication, to do the act.
(2)  If both the principal or employer and the agent or employee who did the act are subject to any liability arising under this Act in respect of the doing of the act, they are jointly and severally subject to that liability.
(3)  Despite subsection (1), a principal or an employer is not liable under that subsection if the principal or employer took all reasonable steps to prevent the agent or employee from contravening the Act.
(4)  For the purposes of subsection (1), the principal or employer of a volunteer or unpaid trainee who contravenes Part 2A is the person or body on whose behalf the volunteer or unpaid trainee provides services.