The Law Handbook 2024

Chapter 11.1: Discrimination and human rights 989 the authority to the student; by expelling the student; or subjecting them to any other detriment. Goods and services Discrimination in goods and services (s 44) includes banking services (e.g. the provision of loans or finance, financial accommodations, credit guarantees and insurance); entertainment, recreation or refreshment; transport and travel; the services of a profession or trade; access to and use of public places; and the services of a public authority, council, state-owned enterprise or government department. In relation to the provision of these goods and services, discrimination may occur by refusing to provide goods and services; in the terms on which the goods and services are provided; or by subjecting a person to any other detriment in connection with the provision of goods and services to them. Disposal of land Discrimination in relation to the disposal of land (s 50) (e.g. selling land) covers refusing to dispose of land to another person, or discrimination in the terms on which land is offered to another person. Accommodation Discrimination in accommodation (ss 52, 53) relates to renting flats, houses, units, motels, hotels, boarding houses, hostels, caravans, caravan sites, business accommodation and camping sites. In relation to accommodation, discrimination may occur by refusing or failing to accept a person’s application for accommodation; in the way their application is processed; in the terms on which accommodation is provided or the variation of those terms; by denying the person (or limiting their access to) any benefit associated with the accommodation; by evicting the person; by refusing to extend or renew the provision of accommodation or the terms of the extension or renewal; or by subjecting the person to any other detriment in connection with the provision of accommodation. Access to public premises Discrimination in access to public premises (s 57) covers discriminating specifically against people with disability by refusing to allow a person to access or use a premises or its facilities; in the terms and conditions of use or access to a premises or its facilities; in relation to the provision of means of access; or by requiring someone to leave a premises or stop using facilities. This relates to premises that the public (or a section of the public) may enter and use, whether or not for payment. It includes buildings, vehicles, aircraft and vessels. Clubs and club membership The Equal Opportunity Act defines a club as an association of more than 30 people brought together for a social, literary, cultural, political, sporting, athletic or other lawful purpose that has an ongoing licence to supply alcohol and operates its facilities wholly or partly from its own funds. Discrimination in relation to clubs and club members (ss 64, 65) covers applicants for membership, or discrimination against current members: in determining the terms of a particular category or type of membership; in arrangements made for deciding who should be offered membership; by refusing or failing to accept a person’s application for membership or an existing member’s application for a different type or category or membership; in the way that membership applications are processed; in the terms on which a person is admitted as a member or variation of those terms; by denying or limiting access to any benefit provided by the club; by depriving a person of membership; or subjecting a member to any other detriment. Sport Sport (s 70) covers participating in sport, as well as coaching, umpiring, refereeing or assisting with the administration of a sport. Discrimination in this area includes refusing or failing to select a person for a sporting team or excluding a person from participating or competing in a sporting activity. Local government Local government (s 73) covers discrimination by a councillor (in performing their public functions) against another councillor of the same council, or member of a council committee. Liability of employers Employers and principals are vicariously liable for the discriminatory conduct of their employees or agents (s 109), unless they can demonstrate that they