DIRECT
DISCRIMINATION
4.4 Discrimination and sport under the Sex Discrimination Act 1984 (Cth)
1. Has a person been treated less favourably on the basis of their sex or gender
identity (or an associated characteristic) in relation to:
• the provision of goods, services and facilities
• club membership and benefits, for members and applicants for membership?
See sections 4.1 and 4.2 of the Guidelines.
YES
INDIRECT
DISCRIMINATION
NO
2. Has a condition, requirement or practice been implemented which disadvantages
persons of a particular sex or gender identity (or an associated characteristic), and is
not reasonable in the circumstances, in relation to:
• the provision of goods, services and facilities
• club membership and benefits, for members and applicants for membership?
See sections 4.1 and 4.2 of the Guidelines.
SPECIAL
MEASURE
YES
3. Does the less favourable treatment, or the imposition of the condition, requirement
or practice, amount to a ‘special measure’?
See section 4.3(a) of the Guidelines.
NO
EXEMPTIONS
4. Does an exemption apply?
Voluntary
body
Club
membership
See section
4.3(b)(i) of the
Guidelines.
See section
4.3(b)(ii) of the
Guidelines.
Competitive
sporting
activity
See section
4.3(b)(iii) of the
Guidelines.
Temporary
exemption
See section
4.3(b)(iv) of the
Guidelines.
NO
UNLAWFUL DISCRIMINATION MAY HAVE OCCURRED
If unlawful discrimination may have occurred, you should revise your policies
and practices, and where appropriate, seek legal advice.
It is also unlawful to request information from a person for the purpose of
discriminating against them (see section 4.2(d) of the Guidelines).
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