Issues for incorporated associations

The issues that are most likely to be relevant to incorporated associations are in the areas of employment, and the provision of goods, services and facilities. In addition, an incorporated association may not discriminate on the ground of impairment, age or race in relation to membership of the incorporated association.

Employment

Incorporated associations are prohibited from discriminating against employees (both current and prospective). It is unlawful to discriminate against a person when deciding who should be offered employment, the terms on which employment is offered, the terms and conditions of employment, and allocation or access to benefits (e.g. promotion and training).

There are some legislative exceptions where discrimination may not be unlawful. For example, where the duties performed need to be done by a person of the relevant sex to preserve privacy, discrimination on the ground of sex is lawful.

Goods, services and facilities

It is generally unlawful to discriminate against a person on a prohibited ground when providing goods or services, whether for payment or not. However there are also exceptions in this area and it is generally lawful:

to supply bona fide concessions or benefits to persons on the basis of age (e.g. pensioner travel concessions); or
to give persons of a particular race, sex, age (or other attribute covered by the legislation) access to facilities, services or opportunities to meet their special needs in relation to employment, education, training or welfare.

Membership

In relation to membership of an association it is unlawful to discriminate against a person on the grounds of age of impairment in relation to:

a person's application for membership;
the terms and conditions on which an incorporated association is prepared to admit the person to membership;
the general terms and conditions of membership; and
access to benefits and facilities provided by the incorporated association.

Discrimination is not unlawful:

where the principal object of the incorporated association is the provision of benefits to persons with a particular impairment or of a particular age;
where a benefit has to be provided to a person with an impairment in a special manner and it would be an unjustifiable hardship on the association to do so;
where a bona fide benefit or concession is based on age;
where membership categories are based on age.

Clubs

There are certain anti-discrimination provisions that refer specifically to ‘clubs’ and may apply to incorporated associations who meet specific criteria. Under the EOA, a club is defined to include an incorporated association of not less than 30 persons associated together for a purpose including social, cultural, sporting or political purposes that:

provides and maintains its facilities from the funds of the association; and
sells or supplies liquor for consumption on its premises.

In relation to membership of a club, the anti-discrimination provisions are more extensive. It is generally unlawful to discriminate against a person on any prohibited ground in matters relating to:

a person's application for membership;
the terms and conditions on which the club is prepared to admit the person to membership;
the general terms and conditions of membership; and
access to benefits and facilities provided by the club.