Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000

i Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000 Act No. 52/2000 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. Principal Act 2 4. Definitions 2 5. Discrimination on the basis of gender identity or sexual orientation 3 6. New section 27B inserted 3 27B. Exception—gender identity 3 7. Discrimination in competitive sporting activities 4 8. New section 224 inserted 4 224. Transitional provisions—Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000 4 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000† [Assented to 12 September 2000] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Equal Opportunity Act 1995 to prohibit discrimination on the basis of gender identity or sexual orientation. 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed. Victoria No. 52 of 2000 -- 2 of 7 -- Act No. 52/2000 Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000 2 (2) If a provision of this Act does not come into operation before 1 January 2001, it comes into operation on that day. 3. Principal Act In this Act, the Equal Opportunity Act 1995 is called the Principal Act. 4. Definitions (1) In section 4 of the Principal Act, after the definition of "firm" insert— ' "gender identity" means— (a) the identification on a bona fide basis by a person of one sex as a member of the other sex (whether or not the person is recognised as such)— (i) by assuming characteristics of the other sex, whether by means of medical intervention, style of dressing or otherwise; or (ii) by living, or seeking to live, as a member of the other sex; or (b) the identification on a bona fide basis by a person of indeterminate sex as a member of a particular sex (whether or not the person is recognised as such)— (i) by assuming characteristics of that sex, whether by means of medical intervention, style of dressing or otherwise; or (ii) by living, or seeking to live, as a member of that sex;'. (2) In section 4 of the Principal Act, after the definition of "services" insert— s. 3 No. 42/1995. Reprint No. 3 as at 1 July 1998. -- 3 of 7 -- Act No. 52/2000 Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000 3 ' "sexual orientation" means homosexuality (including lesbianism), bisexuality or heterosexuality;'. 5. Discrimination on the basis of gender identity or sexual orientation (1) In section 6 of the Principal Act, before paragraph (b) insert— "(ac) gender identity;". (2) In section 6 of the Principal Act, after paragraph (e) insert— "(ea) parental status or status as a carer;". (3) In section 6 of the Principal Act, for paragraph (l) substitute— "(l) sexual orientation;". 6. New section 27B inserted After section 27A of the Principal Act insert— "27B. Exception—gender identity (1) An employer may discriminate against another person on the basis of gender identity in any of the areas specified in section 13 or 14 if— (a) the person does not give the employer adequate notice of the person's gender identity; or (b) the person gives the employer adequate notice of the person's gender identity but it is unreasonable in the circumstances for the employer not to discriminate against the person. (2) In determining whether or not it is unreasonable for the employer not to discriminate against the person, all relevant s. 5 -- 4 of 7 -- Act No. 52/2000 Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000 4 facts and circumstances must be considered, including— (a) the cost to the employer of not discriminating; (b) the feasibility of the employer not discriminating; (c) the financial impact on the employer of not discriminating; (d) the financial circumstances of the employer; (e) the impact of the proposed discrimination on the person; (f) any other relevant factors.". 7. Discrimination in competitive sporting activities In section 66(1) of the Principal Act, after "sex" insert "or with a gender identity". 8. New section 224 inserted At the end of Part 12 of the Principal Act insert— "224. Transitional provisions—Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000 (1) Subject to this Act, a complaint may be lodged after the commencement of section 5(3) of the Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000 alleging a contravention of this Act constituted by discrimination on the basis of sexual orientation, whether the alleged contravention took place before or after that commencement. (2) A complaint cannot be lodged as provided by sub-section (1) if the alleged contravention— s. 7 -- 5 of 7 -- Act No. 52/2000 Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000 5 (a) took place before the commencement of section 5(3) of the Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000; and (b) had been the subject matter of a complaint lodged with the Commission before that commencement. (3) A complaint lodged with the Commission before the commencement of section 5(3) of the Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000 but not finally disposed of immediately before that commencement must continue to be dealt with under this Act as if section 5(3) of that Act had not come into operation.". ═══════════════ s. 8 -- 6 of 7 -- Act No. 52/2000 Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000 6 ENDNOTES † Minister's second reading speech— Legislative Assembly: 13 April 2000 Legislative Council: 30 August 2000 The long title for the Bill for this Act was "to amend the Equal Opportunity Act 1995 to prohibit discrimination on the basis of gender identity or sexual orientation and for other purposes." Endnotes -- 7 of 7 --