The Law Handbook 2024

988 Section 11: Rights, activism and fair treatment at work • employment and contract work; • employment-related areas (e.g. partnership or contract work); • education; • provision of goods and services; • accommodation; • clubs and club membership; • sports; • disposal of land and access to public premises; • local government. Within these areas of public life, there are specific types of conduct that are covered; these are outlined below. Employment Discrimination in employment (ss 16, 18 Equal Opportunity Act) covers discrimination: • in hiring and terminating a person’s employment; • in the terms and conditions of employment; • by denying or limiting access to opportunities for promotion, transfer, training or other benefits of employment; • by denying an employee access to occupational training, guidance or apprenticeship programs; • by subjecting an employee to any other detriment. Volunteers and unpaid workers Volunteers and unpaid workers are specifically excluded from the definition of ‘employee’ in the Equal Opportunity Act (except for the purposes of sexual harassment). However, volunteers may both receive and provide services within the meaning of the Equal Opportunity Act and may be covered by the Equal Opportunity Act’s service provisions. Contract work Discrimination in contract work (s 21 Equal Opportunity Act) covers discrimination in the terms on which a principal allows a contract worker to work. It also makes it clear that principals must make reasonable adjustments for contract workers with disability (see s 22A). Discrimination in contract work includes: • not allowing a contract worker to work or continue to work; • denying or limiting a contract worker’s access to benefits connected with their work; • subjecting a contract worker to any other detriment. Employment-related areas Discrimination in employment-related areas cover discrimination in firms or partnerships, industrial organisations, and qualifying bodies. Discrimination by these organisations includes: • For firms comprising five or more partners (s 30): Discrimination may occur in relation to deciding who should become a partner; in the terms on which a person is invited to become a partner; by denying or limiting access by the partner to benefits arising from partnership; or by expelling the partner. For firms of fewer than five partners , discrimination is prohibited in these areas only if the conduct is unreasonable. • For industrial organisations (s 35): Discrimination may occur in relation to deciding who can join the organisation; refusing or failing to accept a person’s membership application; in the membership terms or their variation; in denying or limiting access to benefits arising from membership; by depriving a person of membership; or by subjecting a member to any other detriment. An industrial organisation includes any registered or formally recognised employee or employer organisation (e.g. a union), or other organisation established for the purposes of people who carry on a particular industry, trade, profession, business or employment. • For qualifying bodies (s 36): Discrimination may occur in refusing or failing to confer, renew or extend occupational qualifications; in the terms that occupational qualifications are conferred, renewed or extended or variation of these terms; in revoking or withdrawing occupational qualifications; or by subjecting the person to any other detriment. Educational authorities Discrimination in relation to educational authorities (s 38) covers the conduct of schools, colleges, universities and other educational institutions in deciding who should be admitted as a student; in refusing or failing to accept a person’s admission as a student; in the terms on which a student is admitted; in denying or limiting access to benefits provided by