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Types of discrimination

Not all unfair treatment is unlawful discrimination. The combined effect of the South Australian and Commonwealth legislation is that, in South Australia, it is unlawful to discriminate on the following grounds:

  • age
  • disability
  • marital or domestic partner status
  • identity of spouse or partner
  • pregnancy (or potential pregnancy)
  • family responsibilities
  • association with a child (in provision of goods, services or accommodation)
  • breastfeeding
  • race
  • sex
  • sexuality or chosen gender
  • religion and religious appearance or dress
  • being, or having been, subjected to domestic abuse
  • political opinion
  • social origin
  • irrelevant criminal record
  • on the basis of having disclosed public interest information to a relevant authority (i.e. whistleblowers)
  • having made a complaint of discrimination.

From 13 December 2022, the Australian Human Rights Commission can also inquire into systemic unlawful discrimination - continuous or repetitive unlawful discrimination which affects a class or group of persons [Australian Human Rights Commission Act 1986 (Cth) s 35L].

Types of discrimination  :  Last Revised: Fri Sep 1st 2023
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.