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Contents (1977 - 48)
Anti-Discrimination Act 1977 No 48
Current version for 8 December 2016 to date (accessed 19 November 2017 at 12:02)
Part 4A Division 2
Division 2 Discrimination in work
49D   Discrimination against applicants and employees
(1)  It is unlawful for an employer to discriminate against a person on the ground of disability:
(a)  in the arrangements the employer makes for the purpose of determining who should be offered employment, or
(b)  in determining who should be offered employment, or
(c)  in the terms on which the employer offers employment.
(2)  It is unlawful for an employer to discriminate against an employee on the ground of disability:
(a)  in the terms or conditions of employment which the employer affords the employee, or
(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
(d)  by subjecting the employee to any other detriment.
(3)  Subsections (1) and (2) do not apply to employment:
(a)  for the purposes of a private household, or
(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)  Nothing in subsection (1) (b) or (2) (c) renders unlawful discrimination by an employer against a person on the ground of the person’s disability if taking into account the person’s past training, qualifications and experience relevant to the particular employment and, if the person is already employed by the employer, the person’s performance as an employee, and all other relevant factors that it is reasonable to take into account, the person because of his or her disability:
(a)  would be unable to carry out the inherent requirements of the particular employment, or
(b)  would, in order to carry out those requirements, require services or facilities that are not required by persons without that disability and the provision of which would impose an unjustifiable hardship on the employer.
(5)  For the purposes of subsection (3) (b), a corporation is taken to be 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.
49E   Discrimination against commission agents
(1)  It is unlawful for a principal to discriminate against a person on the ground of disability:
(a)  in the arrangements the principal makes for the purpose of determining who should be engaged as a commission agent, or
(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 disability:
(a)  in the terms or conditions which the principal affords him or her as a commission agent, or
(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
(d)  by subjecting him or her to any other detriment.
(3)  Nothing in subsection (1) (b) or (2) (c) renders unlawful discrimination by a principal against a person on the ground of the person’s disability if taking into account the person’s past training, qualifications and experience relevant to engagement as a commission agent and, if the person is already engaged by the principal as a commission agent, the person’s performance as a commission agent, and all other relevant factors that it is reasonable to take into account, the person because of his or her disability:
(a)  would be unable to carry out the inherent requirements of a commission agent, or
(b)  would, in order to carry out those requirements, require services or facilities that are not required by persons without that disability and the provision of which would impose an unjustifiable hardship on the principal.
49F   Discrimination against contract workers
(1)  It is unlawful for a principal to discriminate against a contract worker on the ground of disability:
(a)  in the terms on which the principal allows him or her to work, or
(b)  by not allowing him or her to work or continue to work, or
(c)  by denying him or her 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 him or her to any other detriment.
(2)  Nothing in subsection (1) (b) renders unlawful discrimination by a principal against a contract worker on the ground of the contract worker’s disability if taking into account the contract worker’s past training, qualifications and experience relevant to working as a contract worker and, if the person is already working for the principal as a contract worker, the contract worker’s performance as a contract worker, and all other relevant factors that it is reasonable to take into account, the contract worker because of his or her disability:
(a)  would be unable to carry out the inherent requirements of a contract worker, or
(b)  would, in order to carry out those requirements, require services or facilities that are not required by persons without that disability and the provision of which would impose an unjustifiable hardship on the principal.
49G   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 disability:
(a)  in the arrangements made for the purpose of determining who should be offered a position as partner in the firm, or
(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 disability:
(a)  by denying the partner access, or limiting the partner’s access, to any benefit arising from membership of the firm, or
(b)  by expelling the partner from the firm, or
(c)  by subjecting the partner to any other detriment.
(3)  Nothing in subsection (1) (b) or (2) (b) renders unlawful discrimination by a person against another person on the ground of the other person’s disability if taking into account the other person’s past training, qualifications and experience relevant to the proposed partnership or the partnership and, if the other person is already a partner, the other person’s performance as a partner, and all other relevant factors that it is reasonable to take into account, the other person because of his or her disability:
(a)  would be unable to carry out the inherent requirements of a partner in the proposed partnership or the partnership, or
(b)  would, in order to carry out those requirements, require services or facilities that are not required by persons without that disability and the provision of which would impose an unjustifiable hardship on the partnership.
49H   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 disability.
49I   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 disability:
(a)  by refusing or failing to accept his or her application for membership, or
(b)  in the terms on which it is prepared to admit him or her 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 disability:
(a)  by denying him or her access, or limiting his or her access, to any benefit provided by the industrial organisation, or
(b)  by depriving him or her of membership or varying the terms of his or her membership, or
(c)  by subjecting him or her to any other detriment.
(3)  Nothing in subsection (2) (a) renders it unlawful to discriminate against a person on the ground of disability where, because of the person’s disability, the person requires the benefit to be provided in a special manner and the benefit cannot be provided in that manner by the industrial organisation without unjustifiable hardship to it.
49J   Qualifying bodies
(1)  It is unlawful for an authority or 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 disability:
(a)  by refusing or failing to confer, renew or extend the authorisation or qualification, or
(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.
(2)  Nothing in subsection (1) (a) or (c) renders unlawful discrimination by an authority or body against a person on the ground of the person’s disability if taking into account the person’s past training, qualifications and experience relevant to the particular profession, trade or occupation and, if the person is already a member of the profession, carrying on the trade or engaged in the occupation, the person’s performance in the profession trade or occupation, and all other relevant factors that it is reasonable to take into account, the person because of his or her disability would be unable to carry out the inherent requirements of the profession, trade or occupation.
49K   Employment agencies
(1)  It is unlawful for an employment agency to discriminate against a person on the ground of disability:
(a)  by refusing to provide him or her with any of its services, or
(b)  in the terms on which it offers to provide him or her with any of its services, or
(c)  in the manner in which it provides him or her with any of its services.
(2)  Nothing in this section renders unlawful discrimination by an employment agency against a person on the ground of the person’s disability if taking into account the person’s past training, qualifications and experience relevant to the work sought, and all other relevant factors that it is reasonable to take into account, the person because of his or her disability would be unable to carry out the inherent requirements of the work sought.