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