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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 23:05)
Part 4B Division 2
Division 2 Discrimination in work
49V   Discrimination against applicants and employees
(1)  It is unlawful for an employer to discriminate against a person on the ground of the person’s responsibilities as a carer:
(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 the employee’s responsibilities as a carer:
(a)  in the terms or conditions of employment that 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)  if the number of persons employed by the employer, disregarding any persons employed within the employer’s private household, does not exceed 5.
(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 responsibilities as a carer 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 responsibilities as a carer:
(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 arrangements that are not required by persons without those responsibilities as a carer and the making of which would impose an unjustifiable hardship on the employer.
(5)  For the purposes of subsection (3) (b), a corporation is 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.
49W   Discrimination against commission agents
(1)  It is unlawful for a principal to discriminate against a person on the ground of the person’s responsibilities as a carer:
(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 his or her responsibilities as a carer:
(a)  in the terms or conditions that the principal affords him or her as a commission agent, or
(b)  by denying the commission agent access, or limiting the commission agent’s 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 the commission agent’s engagement, or
(d)  by subjecting the commission agent 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 responsibilities as a carer 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 responsibilities as a carer:
(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 arrangements that are not required by persons without those responsibilities as a carer and the making of which would impose an unjustifiable hardship on the principal.
49X   Discrimination against contract workers
(1)  It is unlawful for a principal to discriminate against a contract worker on the ground of his or her responsibilities as a carer:
(a)  in the terms on which the principal allows the contract worker to work, or
(b)  by not allowing the contract worker to work or continue to work, or
(c)  by denying the contract worker access, or limiting the contract worker’s 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.
(2)  Nothing in subsection (1) (b) renders unlawful discrimination by a principal against a contract worker on the ground of the contract worker’s responsibilities as a carer if taking into account the contract worker’s past training, qualifications and experience relevant to working as a contract worker and, if the contract worker is already working for the principal as a contract worker, the 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 responsibilities as a carer:
(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 arrangements that are not required by persons without those responsibilities as a carer and the making of which would impose an unjustifiable hardship on the principal.
49Y   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 his or her responsibilities as a carer:
(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 his or her responsibilities as a carer:
(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 one person against another person on the ground of the person’s responsibilities as a carer if taking into account the 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 responsibilities as a carer:
(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 arrangements that are not required by persons without those responsibilities as a carer and the making of which would impose an unjustifiable hardship on the other partners.
49Z   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 his or her responsibilities as a carer.
49ZA   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 his or her responsibilities as a carer:
(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 his or her responsibilities as a carer:
(a)  by denying the person access, or limiting the person’s access, to any benefit provided by the organisation, or
(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.
(3)  Nothing in subsection (2) (a) renders it unlawful to discriminate against a person on the ground of the person’s responsibilities as a carer where, because of the person’s responsibilities as a carer, 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.
49ZB   Qualifying bodies
(1)  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 his or her responsibilities as a carer:
(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 on 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 responsibilities as a carer if taking into account:
(a)  the person’s past training, qualifications and experience relevant to the particular profession, trade or occupation, and
(b)  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
(c)  all other relevant factors that it is reasonable to take into account,
the person because of his or her responsibilities as a carer would be unable to carry out the inherent requirements of the profession, trade or occupation.
49ZC   Employment agencies
(1)  It is unlawful for an employment agency to discriminate against a person on the ground of his or her responsibilities as a carer:
(a)  by refusing to provide the person with any of its services, or
(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.
(2)  Nothing in this section renders unlawful discrimination by an employment agency against a person on the ground of the person’s responsibilities as a carer if, taking into account the person’s past training, qualifications and experience relevant to the particular work sought, and all other relevant factors that it is reasonable to take into account, the person because of his or her responsibilities as a carer would be unable to carry out the inherent requirements of the work sought.
49ZD, 49ZE   (Repealed)