Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"accommodation" includes residential and business accommodation.
"ACNC type of entity" means an entity that meets the description of a type of entity in column 1 of the table in subsection 25 - 5(5) of the Australian Charities and Not - for - profits Commission Act 2012 .
"breastfeeding" has a meaning affected by subsections 7AA(3) and (4).
"club" means an association (whether incorporated or unincorporated) of not less than 30 persons associated together for social, literary, cultural, political, sporting, athletic or other lawful purposes that:
(a) provides and maintains its facilities, in whole or in part, from the funds of the association; and
(b) sells or supplies liquor for consumption on its premises.
"Commission" means the Australian Human Rights Commission.
"commission agent" means a person who does work for another person as the agent of that other person and who is remunerated, whether in whole or in part, by commission.
"Commissioner" means the Sex Discrimination Commissioner appointed under section 96.
"committee of management" , in relation to a club or a registered organisation, means the group or body of persons (however described) that manages the affairs of that club or organisation, as the case may be.
Commonwealth administrative office means:
(a) an office established by, or an appointment made under, a law of the Commonwealth; or
(b) an office established by, or an appointment made under, a law of a Territory; or
(c) an appointment made by the Governor - General or a Minister otherwise than under a law of the Commonwealth or of a Territory (including the Australian Capital Territory and the Northern Territory); or
(d) an appointment as a director of an incorporated company that is a public authority of the Commonwealth;
but does not include:
(e) an office of member of the Assembly, member of the Executive, or Minister within the meaning of the Australian Capital Territory (Self - Government) Act 1988 ; or
(f) an office of member of the Legislative Assembly, member of the Council or Minister of the Territory, within the meaning of the Northern Territory (Self - Government) Act 1978 ; or
(g) an office or appointment in the Australian Public Service; or
(h) an office of member of either House of the Parliament; or
(i) an office of a person employed under the Members of Parliament (Staff) Act 1984 ; or
(j) a Commonwealth judicial office.
Note: A person who holds an office or appointment mentioned in paragraph (g), (h), (i) or (j) is covered by the definition of Commonwealth employee .
"Commonwealth agency" means an agency within the meaning of the Privacy Act 1988 .
"Commonwealth employee" means a person who:
(a) is appointed or engaged under the Public Service Act 1999 ;
(b) holds a Commonwealth administrative office;
(c) is employed by a public authority of the Commonwealth;
(d) holds an office or appointment in the Commonwealth Teaching Service or is employed as a temporary employee under the Commonwealth Teaching Service Act 1972 ;
(e) is employed under the Australian Security Intelligence Organisation Act 1979 or the Commonwealth Electoral Act 1918 ; or
(f) is a member of the Defence Force; or
(g) is a member of either House of the Parliament; or
(h) is a person employed under the Members of Parliament (Staff) Act 1984 ; or
(i) is a person who holds a Commonwealth judicial office.
Note: See also section 108.
"Commonwealth-funded aged care" means:
(a) aged care, within the meaning of the Aged Care Act 1997 :
(i) that is provided by an approved provider, within the meaning of that Act; and
(ii) in relation to which the approved provider has responsibilities under that Act; or
(b) care or services in relation to which a grant has been paid under Chapter 5 of the Aged Care Act 1997 ; or
(c) care or services of a class prescribed by the regulations for the purpose of this paragraph.
"Commonwealth judicial office" means:
(a) an office of a Justice of the High Court; or
(b) an office of a judge or justice of a court created by the Parliament.
"Commonwealth law" means:
(a) an Act, or a regulation, rule, by - law or determination made under or pursuant to an Act;
(b) an Ordinance of a Territory, or a regulation, rule, by - law or determination made under or pursuant to an Ordinance of a Territory; or
(c) an order or award made under or pursuant to a law referred to in paragraph (a) or (b).
"Commonwealth program" means a program conducted by or on behalf of the Commonwealth government.
"contract worker" means a person who does work for another person pursuant to a contract between the employer of the first - mentioned person and that other person.
"de facto partner" has the meaning given by the Acts Interpretation Act 1901 .
"Department" means an Agency within the meaning of the Public Service Act 1999 .
"disability" has the same meaning as in the Disability Discrimination Act 1992 .
"educational authority" means a body or person administering an educational institution.
"educational institution" means a school, college, university or other institution at which education or training is provided.
"employment" includes:
(a) part - time and temporary employment;
(b) work under a contract for services; and
(c) work as a Commonwealth employee; and
(d) work as a State employee of a State.
Note 1: Other parts of speech and grammatical forms of "employment" (for example, "employer" and "employee") have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901 ).
Note 2: See also sections 108 (Commonwealth employee) and 109 (State employee).
"employment agency" means any person who or body that, whether for payment or not, assists persons to find employment or other work or assists employers to find employees or workers, and includes the Commonwealth Employment Service.
"enactment" has the same meaning as in the Australian Human Rights Commission Act 1986 .
"family responsibilities" has the meaning given by section 4A.
"function" includes duty.
"gender identity" means the gender - related identity, appearance or mannerisms or other gender - related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person's designated sex at birth.
"harass on the ground of sex" has the meaning given by section 28AA.
Note: Other parts of speech and grammatical forms of "harass on the ground of sex" (for example, "harassment on the ground of sex") have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901 ).
"institution of tertiary education" means a university, college of advanced education, technical and further education institution or other institution at which tertiary education or training is provided.
"intersex status" means the status of having physical, hormonal or genetic features that are:
(a) neither wholly female nor wholly male; or
(b) a combination of female and male; or
(c) neither female nor male.
"marital or relationship status" means a person's status of being any of the following:
(a) single;
(b) married;
(c) married, but living separately and apart from his or her spouse;
(d) divorced;
(e) the de facto partner of another person;
(f) the de facto partner of another person, but living separately and apart from that other person;
(g) the former de facto partner of another person;
(h) the surviving spouse or de facto partner of a person who has died.
"near relative" , in relation to a person, means:
(a) a parent, child, grandparent, grandchild, brother or sister of the person; or
(b) the spouse or de facto partner of the first - mentioned person or of a person referred to in paragraph (a).
"Parliament of a State" :
(a) in a case where the State is the Australian Capital Territory--means the Legislative Assembly for the Australian Capital Territory; or
(b) in a case where the State is the Northern Territory--means the Legislative Assembly of the Northern Territory.
"person conducting a business or undertaking" has the same meaning as in the Work Health and Safety Act 2011 .
"potential pregnancy" has a meaning affected by section 4B.
"President" means President of the Commission.
"principal" means:
(a) in relation to a commission agent--a person for whom the commission agent does work as a commission agent; and
(b) in relation to a contract worker--a person for whom the contract worker does work pursuant to a contract between the employer of the contract worker and the person.
"principal executive" , in relation to a Commonwealth agency, has the same meaning as in Part V of the Privacy Act 1988 .
"proposed enactment" has the same meaning as in the Australian Human Rights Commission Act 1986 .
"public authority" of a State means:
(a) a body that:
(i) is incorporated (whether before or after the commencement of this definition) for a public purpose by a law of the State; and
(ii) employs staff on its own behalf; or
(b) an authority or body that:
(i) is not a body corporate; and
(ii) is established (whether before or after the commencement of this definition) for a public purpose by, or in accordance with the provisions of, a law of the State; and
(iii) employs staff on its own behalf; or
(c) an incorporated company over which the State, or a body or authority referred to in paragraph (a) or (b), is in a position to exercise control.
"public authority of the Commonwealth" means:
(a) a body incorporated, whether before or after the commencement of this Act, for a public purpose by a law of the Commonwealth or a law of a Territory, being a body corporate employing staff on its own behalf;
(b) an authority or body, not being a body corporate, established, whether before or after the commencement of this Act, for a public purpose by, or in accordance with the provisions of, a law of the Commonwealth or a law of a Territory, being an authority or body employing staff on its own behalf; or
(c) an incorporated company over which the Commonwealth, or a body or authority referred to in paragraph (a) or (b), is in a position to exercise control.
"registered charity" means an entity that is registered under the Australian Charities and Not - for - profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25 - 5(5) of that Act.
"registered organisation" means an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009 .
"relevant international instrument" means:
(a) the Convention on the Elimination of All Forms of Discrimination Against Women done at New York on 18 December 1979 ([1983] ATS 9) (a copy of the English text of which is set out in the Schedule); or
(b) the International Covenant on Civil and Political Rights done at New York on 16 December 1966 ([1980] ATS 23); or
(c) the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966 ([1976] ATS 5); or
(d) the Convention on the Rights of the Child done at New York on 20 November 1989 ([1991] ATS 4); or
(e) ILO Convention (No. 100) concerning Equal Remuneration for Men and Women Workers for Work of Equal Value done at Geneva on 29 June 1951 ([1975] ATS 45); or
(f) ILO Convention (No. 111) concerning Discrimination in respect of Employment and Occupation done at Geneva on 25 June 1958 ([1974] ATS 12); or
(g) ILO Convention (No. 156) concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities done at Geneva on 23 June 1981 ([1991] ATS 7); or
(h) ILO Convention (No. 158) concerning Termination of Employment at the Initiative of the Employer done at Geneva on 22 June 1982 ([1994] ATS 4).
Note: In 2010, the text of a Convention or Covenant in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"services" includes:
(a) services relating to banking, insurance and the provision of grants, loans, credit or finance;
(b) services relating to entertainment, recreation or refreshment;
(c) services relating to transport or travel;
(d) services of the kind provided by the members of any profession or trade; and
(e) services of the kind provided by a government, a government authority or a local government body.
"sexually harass" has the meaning given by section 28A.
Note: Other parts of speech and grammatical forms of "sexually harass" (for example, "sexual harassment") have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901 ).
"sexual orientation" means a person's sexual orientation towards:
(a) persons of the same sex; or
(b) persons of a different sex; or
(c) persons of the same sex and persons of a different sex.
"State" , except in subsections 9(15), (16), (17) and (18), includes the Australian Capital Territory and the Northern Territory.
"State administrative office" of a State means:
(a) an office established by, or an appointment made under, a law of the State; or
(b) an appointment made by:
(i) the Governor of the State; or
(ii) the Administrator of the State; or
(iii) a Minister of the State;
otherwise than under a law of the State; or
(c) an appointment as a director of an incorporated company that is a public authority of the State;
but does not include:
(d) an office or appointment under a law of the State that corresponds to the Public Service Act 1999 ; or
(e) an office of member of the Parliament of the State; or
(f) an office of a member of the staff of a member of the Parliament of the State; or
(g) a State judicial office of the State.
Note: A person who holds an office or appointment mentioned in paragraph (d), (e), (f) or (g) is covered by the definition of State employee .
"State employee" of a State means a person who:
(a) is appointed or engaged under a law of the State that corresponds to the Public Service Act 1999 ; or
(b) holds a State administrative office of the State; or
(c) is employed by a public authority of the State; or
(d) is a member of the Parliament of the State; or
(e) is a member of the staff of a member of the Parliament of the State; or
(f) is a person who holds a State judicial office of the State.
Note: See also section 109.
"State judicial office" of a State means:
(a) an office of a judge or justice of a court of the State; or
(b) an office of a magistrate of a court of the State.
"superannuation benefit" , in relation to a member of a superannuation fund, means a benefit that is payable, under the terms and conditions relating to the fund:
(a) in the event of the member's death--to the estate of the deceased or to someone other than the deceased; or
(b) in the event of the member's physical or mental incapacity--to the member or to someone other than the member.
"superannuation fund" means a superannuation or provident fund or scheme.
"superannuation fund conditions" , in relation to a superannuation fund, means the terms and conditions that relate to membership of, or benefits payable from, the superannuation fund.
"surviving spouse or de facto partner" of a person who has died means a person who was the person's spouse or de facto partner immediately before the person died.
"technical and further education institution" has the same meaning as that expression has in the Employment, Education and Training Act 1988 .
"Territory" , except in subsections 9(17) and (18), does not include the Australian Capital Territory and the Northern Territory.
"voluntary body" means an association or other body (whether incorporated or unincorporated) the activities of which are not engaged in for the purpose of making a profit, but does not include:
(a) a club;
(b) a registered organisation;
(c) a body established by a law of the Commonwealth, of a State or of a Territory; or
(d) an association that provides grants, loans, credit or finance to its members.
"worker" has the same meaning as in the Work Health and Safety Act 2011 .
"worker in a business or undertaking" has the meaning given by section 28AB.
"workplace" has the same meaning as in the Work Health and Safety Act 2011 .
(2) For the purposes of this Act, refusing or failing to do an act shall be deemed to be the doing of an act and a reference to an act includes a reference to a refusal or failure to do an act.