Part I Preliminary
Section 7B
7B Indirect discrimination: reasonableness test
(1) A person does not discriminate against another person by
imposing, or proposing to impose, a condition, requirement or
practice that has, or is likely to have, the disadvantaging effect
mentioned in subsection 5(2), 5A(2), 5B(2), 5C(2), 6(2), 7(2) or
7AA(2) if the condition, requirement or practice is reasonable in
the circumstances.
(2) The matters to be taken into account in deciding whether a
condition, requirement or practice is reasonable in the
circumstances include:
(a) the nature and extent of the disadvantage resulting from the
imposition, or proposed imposition, of the condition,
requirement or practice; and
(b) the feasibility of overcoming or mitigating the disadvantage;
and
(c) whether the disadvantage is proportionate to the result sought
by the person who imposes, or proposes to impose, the
condition, requirement or practice.
7C Burden of proof
In a proceeding under this Act, the burden of proving that an act
does not constitute discrimination because of section 7B lies on the
person who did the act.
7D Special measures intended to achieve equality
(1) A person may take special measures for the purpose of achieving
substantive equality between:
(a) men and women; or
(aa) people who have different sexual orientations; or
(ab) people who have different gender identities; or
(ac) people who are of intersex status and people who are not; or
(b) people who have different marital or relationship statuses; or
20
Compilation No. 42
Sex Discrimination Act 1984
Compilation date: 11/09/2021
Authorised Version C2021C00420 registered 08/10/2021
Registered: 08/10/2021