Disposition of land
The Anti-Discrimination Act 1991 makes it unlawful to discriminate against a person because of a protected attribute in the disposition of land.
A person must not discriminate against another person:
- by failing to dispose of an interest in land to the other person; or
- in the terms on which an interest in land is offered to the other person.
Disposing of an interest in land includes selling real estate and transferring a lease.
Examples of discrimination in disposition of land
- The selling agent for a property developer refused to sell a unit to a young couple with children as he is marketing the development as
perfect for today's young retirees.
- A person selling a family property refused to sell the property to an Aboriginal person.
Exemptions for discrimination in disposition of land
The Act permits discrimination in the disposition of land in the following circumstances:
Will or gift
It is not unlawful to discriminate where the disposition of land is by way of a will or gift.
Sites of cultural or religious significance
Discrimination because of sex, age, race or religion is permitted in connection with the disposition of an interest in land or a building of cultural significance, if the discrimination:
- is in accordance with the culture or religious doctrine; AND
- is necessary to avoid offending the cultural or religious sensitivities of people of that culture or religion.