Prohibition of discrimination etc. Part II Exemptions Division 4 Section 35 (a) the standard of the accommodation provided to each employee is determined having regard to the number of persons in the household of the employee; and (b) it is not reasonable to expect the employer to provide accommodation of the same standard for all employees. (2) Nothing in Division 1 or 2 applies to or in relation to the provision of accommodation, where the accommodation is provided solely for persons of one sex who are students at an educational institution. 35 Residential care of children (1) Nothing in paragraph 14(1)(a) or (b) or 16(b) renders it unlawful for a person to discriminate against another person on the ground of the other person’s sex in connection with a position as an employee or contract worker, where the duties of the position involve the care of a child or children in the place where the child or children resides or reside. (2) Nothing in paragraph 14(1)(a) or (b), 14(2)(c) or 16(b) renders it unlawful for a person to discriminate against another person on the ground of the other person’s marital or relationship status in connection with a position as an employee or contract worker of a particular employer or principal, where: (a) the duties of the position involve the care of a child or children in the place where the child or children resides or reside; and (b) it is intended that the spouse or de facto partner of the occupant of the position would also occupy a position as an employee or contract worker of that employer or principal. 36 Charities Divisions 1 and 2 do not: (a) affect a provision (whether made before or after the commencement of this Part) of the governing rules (within the meaning of the Australian Charities and Not-for-profits Sex Discrimination Act 1984 Compilation No. 42 Compilation date: 11/09/2021 Authorised Version C2021C00420 registered 08/10/2021 51 Registered: 08/10/2021

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