Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts4. (1) In this Act, unless the contrary intention appears—
“accommodation” includes residential and business accommodation;
“carer” means a person on whom another person is wholly or substantially dependent for ongoing care and attention;
“club” means a club that holds a Club Licence under the Liquor Act 1975 ;
“commission agent” means a person who does work for another person as the agent of that other person and who is remunerated (whether wholly or partially) by commission;
“Commissioner” means the Discrimination Commissioner appointed under section 112;
“committee of management”, in relation to a club or organisation, means the group or body of persons (however described) that manages the affairs of the club or organisation;
“Commonwealth Commission” means the Human Rights and Equal Opportunity Commission established by the Human Rights and Equal Opportunity Commission Act 1986 of the Commonwealth;
“complaint” means a complaint made in accordance with section 70;
“compulsory conference” means a conference convened under section 81;
“contract worker” means a person who does work for another person pursuant to a contract between the employer of the first-mentioned person and that other person;
“ de facto spouse”, in relation to a person, means a person of the opposite sex to the first-mentioned person who lives with the first-mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person;
“discriminate” has the meaning given by section 8;
“educational authority” means a body or person administering an educational institution;
“educational institution” means a school, college, university or other institution at which education or training is provided;
“employer”, in relation to an unpaid worker, means the person for whom the unpaid worker performs work;
“employment” includes—
(a) work under a contract for services;
(b) work as a Territory employee; and
(c) work as an unpaid worker;
“employment agency” means any person who or body that (whether for payment or not) assists persons to find employment or other work or assists employers to find employees or workers;
“impairment” means—
(a) total or partial loss of a bodily function;
(b) total or partial loss of a part of the body;
(c) malfunction of a part of the body;
(d) malformation or disfigurement of a part of the body;
(e) the presence in the body of organisms that cause or are capable of causing disease;
(f) an illness or condition which impairs a person's thought processes, perception of reality, emotions or judgment or which results in disturbed behaviour; or
(g) an intellectual disability or developmental delay;
“investigation” means an investigation under Division 2 of Part VIII;
“man” means a member of the male sex irrespective of age;
“marital status” means the status or condition of being—
(a) single;
(b) married;
(c) married but living separately and apart from one's spouse;
(d) divorced;
(e) widowed; or
(f) the de facto spouse of another person;
“near relative”, in relation to a person, means—
(a) a parent, child, grandparent, grandchild, brother or sister of the person; or
(b) a spouse or de facto spouse of the person or of a person referred to in paragraph (a);
“premises” includes—
(a) a structure, building, aircraft, vehicle or vessel;
(b) a place (whether enclosed or built on or not); and
(c) a part of premises (including premises of a kind referred to in paragraph (a) or (b));
“principal” means—
(a) in relation to a commission agent—a person for whom the commission agent does work as a commission agent; and
(b) in relation to a contract worker—a person for whom the contract worker does work pursuant to a contract between the employer of the contract worker and the person;
“public hearing” means a hearing under section 82;
“race” includes—
(a) colour, descent, ethnic and national origin and nationality; and
(b) any 2 or more distinct races which are collectively referred to or known as a race;
“relative”, in relation to a person, means—
(a) a person who is related to the first-mentioned person by blood, marriage, affinity or adoption; or
(b) a de facto spouse of the person or of a person referred to in paragraph (a);
“relevant class of persons” means a class of persons the members of which are identified by reference to an attribute referred to in section 7;
“representative complaint” means a complaint that is dealt with by the Commissioner, in accordance with section 77, as a representative complaint;
“services” includes—
(a) services relating to banking, insurance or the provision of grants, loans, credit or finance;
(b) services relating to entertainment, recreation or refreshment;
(c) services relating to transport or travel;
(d) services of any profession, trade or business;
(e) services provided by a government, a government authority, a local government body or a company or other body corporate in which a government has a controlling interest; and
(f) the provision of scholarships, prizes or awards;
“sexuality” means heterosexuality, homosexuality (including lesbianism) or bisexuality;
“staff”, in relation to the Commissioner, means the staff referred to in section 118;
“Territory employee” means a person who is—
(a) a member of the Public Service;
(b) employed in an administrative unit of the Public Service otherwise than as a member of the Public Service; or
(c) employed by a Territory authority;
“transsexual” means a person of one sex who—
(a) assumes the bodily characteristics of the other sex, whether by means of medical intervention or otherwise; or
(b) identifies himself or herself as a member of the other sex or lives, or seeks to live, as a member of that other sex;
“unpaid worker” means a person who performs work for an employer for no remuneration;
“voluntary body” means an association or other body (whether incorporated or unincorporated) the activities of which are not engaged in for the purpose of making a profit, but does not include—
(a) a club;
(b) a body established by a law of the Territory, the Commonwealth, a State or another Territory; or
(c) an association that provides grants, loans, credit or finance to its members;
“woman” means a member of the female sex irrespective of age.
(2) A reference in this Act to the doing of an act shall be read as including a reference to a refusal or failure to do an act.
(3) A reference in this Act to the doing of an act by reason of a particular matter shall be read as including a reference to the doing of such an act by reason of 2 or more matters that include the particular matter, whether or not the particular matter is the dominant or substantial reason for the doing of the act.