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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 23 September 2017 at 01:23)
Part 4G Division 2
Division 2 Discrimination in work
49ZYB   Discrimination against applicants and employees
(1)  It is unlawful for an employer to discriminate against a person on the ground of age:
(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 employment is offered.
(2)  It is unlawful for an employer to discriminate against an employee on the ground of age:
(a)  in the terms or conditions of employment that are afforded to the employee, or
(b)  by denying or limiting 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.
(3)  This section does not apply to employment for the purposes of a private household.
49ZYC   Discrimination against commission agents
(1)  It is unlawful for a principal to discriminate against a person on the ground of age:
(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 age:
(a)  in the terms or conditions that are afforded to the commission agent, or
(b)  by denying or limiting 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 subjecting the commission agent to any other detriment.
49ZYD   Discrimination against contract workers
It is unlawful for a principal to discriminate against a contract worker on the ground of age:
(a)  in the terms on which the contract worker is allowed to work, or
(b)  by not allowing the contract worker to work or continue to work, or
(c)  by denying or limiting access to any benefit associated with the work performed by the contract worker, or
(d)  by subjecting the contract worker to any other detriment.
49ZYE   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 another person on the ground of age:
(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 other 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 age:
(a)  by denying or limiting 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.
49ZYF   Industrial organisations
(1)  It is unlawful for an industrial organisation to discriminate against a person on the ground of age:
(a)  by refusing or failing to accept the person’s application for membership of the organisation, or
(b)  in the terms on which it is prepared to admit the person to membership of the organisation.
(2)  It is unlawful for an industrial organisation to discriminate against a member of the organisation on the ground of age:
(a)  by denying or limiting access to any benefit provided by the organisation, or
(b)  by depriving the person of membership of the organisation or varying the terms of that membership, or
(c)  by subjecting the person to any other detriment.
(3)    (Repealed)
49ZYG   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 age:
(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)  This section does not prevent such an authority or body from imposing a reasonable and appropriate minimum age under which an authorisation or qualification will not be conferred.
49ZYH   Employment agencies
It is unlawful for an employment agency to discriminate against a person on the ground of age:
(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.
49ZYI   Junior employees
(1)  Nothing in section 49ZYB (1) applies to or in respect of the offering of employment to persons who are under 21 years of age or the terms on which employment is offered to persons who are under 21 years of age.
(2)  Nothing in section 49ZYB (2) (a) applies to or in respect of the terms or conditions of employment that are afforded to employees who are under 21 years of age.
(3)  This section ceases to operate on a day appointed by proclamation published on the NSW legislation website for the purposes of this section, being a day that is not earlier than 2 years after the date of commencement of this Part.
49ZYJ   Exception—genuine occupational qualification
(1)  Nothing in this Division renders unlawful discrimination against a person on the ground of the person’s age if being a person of a particular age or age group is a genuine occupational qualification for the job.
(2)  Being a person of a particular age or age group is a genuine occupational qualification for a job if either of the following requirements is satisfied:
(a)  in dramatic performances or other entertainment, the essential nature of the job calls for a person of that age or age group for reasons of authenticity, so that the essential nature of the job would be materially different if carried out by a person of another age or age group,
(b)  the holder of the job provides persons of that age or age group with services for the purpose of promoting their welfare or furthering their education and those services can most effectively be provided by a person of a particular age or age group.
(3)  Being a person of a particular age or age group is a genuine occupational qualification for a job, or a job of a class or description, prescribed by the regulations.
(4)  Nothing in subsection (2) limits the Governor’s power to make a regulation for the purposes of subsection (3).
49ZYK   Exception—voluntary retirement or severance schemes
Nothing in this Division renders it unlawful to offer to a person who is an employee, commission agent, contract worker or partner, on the ground of the length of service of that person, participation in a voluntary phased-in retirement scheme, voluntary retirement scheme, retirement incentives scheme, voluntary severance scheme or other like scheme.