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.

The protected attributes are explained on the discrimination page.

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.

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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.

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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.

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