Statutory Rules 1989 No. 4071

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Human Rights and Equal Opportunity

Commission Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Human Rights and Equal Opportunity Commission Act 1986.

Dated 21 December 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Lionel Bowen

Attorney-General

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Citation

1. These Regulations may be cited as the Human Rights and Equal Opportunity Commission Regulations.

Commencement

2. These Regulations commence on 1 January 1990.

Interpretation

3. In these Regulations, unless the contrary intention appears:

“impairment” means:

(a) total or partial loss of a bodily function; or

(b) the presence in the body of organisms causing disease; or

(c) total or partial loss of a part of the body; or

(d) malfunction of a part of the body; or

(e) malformation or disfigurement of a part of the body;

“marital status” has the same meaning as in the Sex Discrimination Act 1984;

“the Act” means the Human Rights and Equal Opportunity Commission Act 1986.

(S.R. 445/89) Cat. No.  14/13.12.1989

Other distinctions, exclusions or preferences that constitute discrimination

4. For the purposes of subparagraph (b) (ii) of the definition of “discrimination” in subsection 3 (1) of the Act, any distinction, exclusion or preference made:

(a) on the ground of:

(i) age; or

(ii) medical record; or

(iii) criminal record; or

(iv) impairment; or

(v) marital status; or

(vi) mental, intellectual or psychiatric disability; or

(vii) nationality; or

(viii) physical disability; or

(ix) sexual preference; or

(x) trade union activity; or

(xi) one or more of the grounds specified in subparagraphs (iii) to (x) (inclusive) which existed but which has ceased to exist; or

(b) on the basis of the imputation to a person of any ground specified in paragraph (a);

is declared to constitute discrimination for the purposes of the Act.

NOTE

1. Notified in the Commonwealth of Australia Gazette on 21 December 1989.

Printed by Authority by the Commonwealth Government Printer