Prohibition of discrimination etc. Part II
Discrimination in other areas Division 2
Section 25
(c) by denying the member access, or limiting the member’s
access, to any benefit provided by the club;
(d) by depriving the member of membership or varying the terms
of membership; or
(e) by subjecting the member to any other detriment.
(3) Nothing in subsection (1) or (2) renders it unlawful to discriminate
against a person on the ground of the person’s sex if membership
of the club is available to persons of a different sex only.
(4) Nothing in subsection (1), other than paragraph (1)(a), or
subsection (2) renders it unlawful to discriminate against a person
on the ground of the person’s sex if the discrimination occurs in
relation to the use or enjoyment of any benefit provided by the club
where:
(a) it is not practicable for the benefit to be used or enjoyed:
(i) simultaneously; or
(ii) to the same extent;
by both men and women; and
(b) either:
(i) the same, or an equivalent, benefit is provided for the
use of men and women separately from each other; or
(ii) men and women are each entitled to a fair and
reasonable proportion of the use and enjoyment of the
benefit.
(5) In determining any matter relating to the application of
subsection (4), regard shall be had to:
(a) the purposes for which the club is established;
(b) the membership of the club, including any class or type of
membership;
(c) the nature of the benefits provided by the club;
(d) the opportunities for the use and enjoyment of those benefits
by men and women; and
(e) any other relevant circumstances.
Sex Discrimination Act 1984
Compilation No. 42
Compilation date: 11/09/2021
Authorised Version C2021C00420 registered 08/10/2021
39
Registered: 08/10/2021