Sexual orientation, gender identity and intersex status discrimination

When discrimination is not unlawful

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When discrimination is not unlawful

Like other anti-discrimination laws, the SDA says that, in some circumstances, it is not unlawful to discriminate against a person on the basis of their sexual orientation, gender identity or intersex status.

The SDA allows for certain acts done under statutory authority and acts conducted by certain accommodation providers, charities, religious bodies (except for intersex status in religious educational institutions), voluntary bodies or sporting organisations (except for sexual orientation). Whether these exceptions and exemptions apply will depend on the particular circumstances.

The SDA also permits the Australian Human Rights Commission to grant temporary exemptions from some provisions of the SDA under certain circumstances.

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