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Contents (1977 - 48)
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Anti-Discrimination Act 1977 No 48
Current version for 8 December 2016 to date (accessed 20 September 2017 at 14:02)
Part 3 Division 2
Division 2 Discrimination in work
25   Discrimination against applicants and employees
(1)  It is unlawful for an employer to discriminate against a person on the ground of sex:
(a)  in the arrangements the employer makes for the purpose of determining who should be offered employment,
(b)  in determining who should be offered employment, or
(c)  in the terms on which the employer offers employment.
(1A)  Nothing in subsection (1) renders unlawful discrimination by an employer against a woman on the ground of sex if, at the date on which the woman applied to the employer for employment or, where the employer interviewed the woman in relation to her application for employment, at the date of the interview, the woman is pregnant.
(2)  It is unlawful for an employer to discriminate against an employee on the ground of sex:
(a)  in the terms or conditions of employment which the employer affords the employee,
(b)  by denying the employee access, or limiting the employee’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment, or
(c)  by dismissing the employee or subjecting the employee to any other detriment.
(2A)  Nothing in subsection (2) (c) renders unlawful discrimination by an employer against a woman on the ground of sex in respect of the dismissal by an employer of a woman who is pregnant if, at the date on which the woman applied to the employer for employment or, where the employer interviewed the woman in relation to her application for employment, at the date of the interview, the woman was pregnant, unless, at that date, the woman did not know and could not reasonably be expected to have known that she was pregnant.
(3)  Subsections (1) and (2) do not apply to employment:
(a)  for the purposes of a private household,
(b)  where the number of persons employed by the employer, disregarding any persons employed within the employer’s private household, does not exceed 5, or
(c)  by a private educational authority.
(4)  For the purposes of subsection (3) (b), a corporation shall be regarded as the employer of the employees of any other corporation which, with respect to the firstmentioned corporation, is a related body corporate within the meaning of the Corporations Act 2001 of the Commonwealth.
26   Discrimination against commission agents
(1)  It is unlawful for a principal to discriminate against a person on the ground of sex:
(a)  in the arrangements the principal makes for the purpose of determining who should be engaged as a commission agent,
(b)  in determining who should be engaged as a commission agent, or
(c)  in the terms on which the principal engages the person as a commission agent.
(2)  It is unlawful for a principal to discriminate against a commission agent on the ground of sex:
(a)  in the terms or conditions which the principal affords him or her as a commission agent,
(b)  by denying him or her access, or limiting his or her access, to opportunities for promotion, transfer or training, or to any other benefits associated with his or her position as a commission agent, or
(c)  by terminating his or her engagement or subjecting him or her to any other detriment.
27   Discrimination against contract workers
It is unlawful for a principal to discriminate against a contract worker on the ground of sex:
(a)  in the terms on which the principal allows the contract worker to work,
(b)  by not allowing the contract worker to work or continue to work,
(c)  by denying the contract worker access, or limiting his or her access, to any benefit associated with the work in respect of which the contract with his or her employer is made, or
(d)  by subjecting the contract worker to any other detriment.
27A   Partnerships
(1)  It is unlawful for a firm consisting of 6 or more partners, or for any one or more of 6 or more persons proposing to form themselves into a partnership, to discriminate against a person on the ground of sex:
(a)  in the arrangements made for the purpose of determining who should be offered a position as a partner in the firm,
(b)  in determining who should be offered a position as partner in the firm, or
(c)  in the terms on which the person is offered a position as partner in the firm.
(2)  It is unlawful for a firm consisting of 6 or more partners to discriminate against a partner on the ground of sex:
(a)  by denying the partner access, or limiting the partner’s access, to any benefit arising from membership of the firm,
(b)  by expelling the partner from the firm, or
(c)  by subjecting the partner to any other detriment.
27B   Discrimination by local government councillors
It is unlawful for any member or members of a council of a local government area when acting (whether alone or together) in the course of his, her or their official functions to discriminate against another member of the council on the ground of sex.
28   Industrial organisations
(1)  It is unlawful for an industrial organisation to discriminate against a person who is not a member of the industrial organisation on the ground of sex:
(a)  by refusing or failing to accept the person’s application for membership, or
(b)  in the terms on which it is prepared to admit the person to membership.
(2)  It is unlawful for an industrial organisation to discriminate against a person who is a member of the industrial organisation on the ground of sex:
(a)  by denying the person access, or limiting the person’s access, to any benefit provided by the industrial organisation,
(b)  by depriving the person of membership or varying the terms of the person’s membership, or
(c)  by subjecting the person to any other detriment.
29   Qualifying bodies
It is unlawful for an authority or a body which is empowered to confer, renew or extend an authorisation or a qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to discriminate against a person on the ground of sex:
(a)  by refusing or failing to confer, renew or extend the authorisation or qualification,
(b)  in the terms on which it is prepared to confer the authorisation or qualification or to renew or extend the authorisation or qualification, or
(c)  by withdrawing the authorisation or qualification or varying the terms or conditions upon which it is held.
30   Employment agencies
It is unlawful for an employment agency to discriminate against a person on the ground of sex:
(a)  by refusing to provide the person with any of its services,
(b)  in the terms on which it offers to provide the person with any of its services, or
(c)  in the manner in which it provides the person with any of its services.
31   Exception—genuine occupational qualification
(1)  Nothing in this Division renders unlawful discrimination against a person on the ground of the person’s sex where being a person of a particular sex is a genuine occupational qualification for the job.
(2)  Being a person of a particular sex is a genuine occupational qualification for a job where any one or more of the following requirements is satisfied:
(a)  the essential nature of the job calls for a person of that sex for reasons of physiognomy or physique, excluding physical strength or stamina, or, in dramatic performances or other entertainment, for reasons of authenticity, so that the essential nature of the job would be materially different if carried out by a person of the opposite sex, or
(b)  the job needs to be held by a person of that sex to preserve decency or privacy because it involves the fitting of a person’s clothing, or
(c)  the job requires the holder of the job to enter a lavatory ordinarily used by persons of that sex while it is used by persons of that sex, or
(d)  the job requires the holder of the job to search persons of that sex, or
(e)  the job requires the holder of the job to enter areas ordinarily used by persons of that sex while in a state of undress or while bathing or showering, or
(f)  the job requires the holder of the job to live in premises provided by the employer and:
(i)  those premises are not equipped with separate sleeping accommodation for persons of the opposite sex and sanitary facilities which could be used by persons of the opposite sex in privacy from persons of that sex, and
(ii)  it is not reasonable to expect the employer either to equip those premises with accommodation and facilities of that kind or to provide other premises for persons of the opposite sex, or
(g)  the job requires the holder of the job to keep persons of that sex in custody in a prison or other institution or in part of a prison or other institution, or
(h)  the holder of the job provides persons of that sex with personal services relating to their welfare or education, or similar personal services, and they or a substantial number of them might reasonably object to its being carried out by a person of the opposite sex, or
(i)  the job is one of two to be held by a married couple.
(3)  Being a person of a particular sex is a genuine occupational qualification for a prescribed job or a job of a prescribed class or description.
(4)  Nothing in subsection (2) limits the Governor’s power to make a regulation for the purposes of subsection (3).