Title: Equal Opportunity (Domestic Violence) AmendmentBill 2019
Author: Office of Parliamentary Counsel
Last saved by: Mrs Samantha Homfray
Category: parliamentary.copy
Document comments: ha65

House of Assembly—No 65
As laid on the table and read a first time, 13 February 2019

Equal Opportunity (Domestic Violence) Amendment Bill 2019
Contents

Equal Opportunity (Domestic Violence) Amendment Bill 2019

Equal Opportunity (Domestic Violence) Amendment Bill 2019
Part 1—Preliminary

Equal Opportunity (Domestic Violence) Amendment Bill 2019
Preliminary—Part 1

Equal Opportunity (Domestic Violence) Amendment Bill 2019
Part 2—Amendment of Equal Opportunity Act 1984

Equal Opportunity (Domestic Violence) Amendment Bill 2019
Amendment of Equal Opportunity Act 1984—Part 2

South Australia
Equal Opportunity (Domestic Violence) Amendment Bill 2019
A Bill For
An Act to amend the Equal Opportunity Act 1984.

Contents
Part 1—Preliminary
1	Short title
2	Amendment provisions
Part 2—Amendment of Equal Opportunity Act 1984
3	Amendment of section 85T—Criteria for establishing discrimination on other grounds
4	Amendment of section 85U—Application of Division
5	Amendment of section 85ZA—Application of Division
6	Amendment of section 8ZD—Application of Division
7	Amendment of section 85ZF—Discrimination by person disposing of interest in land
8	Amendment of section 85ZG—Discrimination in provision of goods and services
9	Amendment of section 85ZH—Discrimination in relation to accommodation
10	Amendment of section 85ZI—Charities

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Equal Opportunity (Domestic Violence) Amendment Act 2019.
2—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Equal Opportunity Act 1984
3—Amendment of section 85T—Criteria for establishing discrimination on other grounds
	(1)	Section 85T(1)—after paragraph (f) insert:
		or
	(g)	discriminate on the ground of domestic violence,
	(2)	Section 85T—after subsection (7) insert:
	(8)	For the purposes of this Act, a person discriminates on the ground of domestic violence—
	(a)	if the person treats another unfavourably because the other person has been, or is being, affected by domestic violence (including, to avoid doubt, treatment arising out of a perception held by the person that persons affected by domestic violence exhibit particular characteristics or behaviours); or
	(b)	if the person treats another unfavourably because a family member or other associate of the other person has been, or is being, affected by domestic violence; or
	(c)	if the person treats a person affected by domestic violence unfavourably because the other person does not, or can not, comply with a particular requirement and—
	(i)	the nature of the requirement is such that it is significantly more likely that persons who are not affected by domestic violence could reasonably be expected to comply with the requirement than persons who are so affected; and
	(ii)	it is not, in the circumstances of the case, reasonable to expect the person to comply with the requirement.
	(9)	For the purposes of this section, a reference to a person who is affected by domestic violence will be taken not to include a reference to a person affected by domestic violence committed by the person.
4—Amendment of section 85U—Application of Division
Section 85U—delete "or religious appearance or dress" and substitute:
, religious appearance or dress or domestic violence
5—Amendment of section 85ZA—Application of Division
Section 85ZA—delete "or caring responsibilities" and substitute:
, caring responsibilities or domestic violence
6—Amendment of section 8ZD—Application of Division
Section 85ZD—delete "or religious appearance or dress" and substitute:
, religious appearance or dress or domestic violence
7—Amendment of section 85ZF—Discrimination by person disposing of interest in land
Section 85ZF—delete "or caring responsibilities" and substitute:
, caring responsibilities or domestic violence
8—Amendment of section 85ZG—Discrimination in provision of goods and services
Section 85ZG—delete "or caring responsibilities" and substitute:
, caring responsibilities or domestic violence
9—Amendment of section 85ZH—Discrimination in relation to accommodation
Section 85ZH—delete "or caring responsibilities" and substitute:
, caring responsibilities or domestic violence
10—Amendment of section 85ZI—Charities
Section 85ZI(a)—after subparagraph (iv) insert:
	(v)	persons affected by domestic violence; or

HA GP 072-B: Ms Katrine Hildyard MP