Appendix 1 | Key sections under the Acts 7A Discrimination on the ground of family responsibilities For the purposes of this Act, an employer discriminates against an employee on the ground of the employee’s family responsibilities if: (a) the employer treats the employee less favourably than the employer treats, or would treat, a person without family responsibilities in circumstances that are the same or not materially different; and (b) the less favourable treatment is by reason of: (i) the family responsibilities of the employee; or (ii) a characteristic that appertains generally to persons with family responsibilities; or (iii) a characteristic that is generally imputed to persons with family responsibilities. 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. 41 Insurance (1) Nothing in Division 1 or 2 makes discrimination by one person (in this subsection called the insurer) against another person (in this subsection called the client) unlawful if: (a) the discrimination is on the ground of the client’s sex; and (b) the discrimination is in the terms on which an insurance policy is offered to, or may be obtained by, the client; and (c) the discrimination is based on actuarial or statistical data from a source on which it is reasonable for the insurer to rely; and (d) the discrimination is reasonable having regard to the data; and (e) if the client gives the insurer a written request for access to the data—either: (i) the insurer gives the client a document containing the data; or 50