Unlawful age discrimination Part 4 General exemptions Division 4 Section 42 42 Health Exempted health programs (1) This Part does not make an exempted health program (see subsection (6)) unlawful. Example: A program for providing free influenza vaccines to older people, based on evidence showing that older people are at greater risk of complications as a result of influenza than are people of different ages, would be covered by this subsection. (2) This Part does not make unlawful anything done by a person in accordance with an exempted health program. Example: A person providing free influenza vaccines to older people in accordance with an exempted health program would be covered by this subsection. Individual decisions—health or medical goods or services (3) This Part does not make it unlawful for a person to discriminate against another person, on the ground of the other person’s age, by taking the other person’s age into account in making a decision relating to health goods or services or medical goods or services, if: (a) taking the other person’s age into account in making the decision is reasonably based on evidence, and professional knowledge, about the ability of persons of the other person’s age to benefit from the goods or services; and (b) the decision is not in accordance with an exempted health program. Note: The exemption in subsection (2) covers anything done by a person in accordance with an exempted health program. (4) The evidence mentioned in paragraph (3)(a) is the evidence that was reasonably available at the time the decision was made. Administration of certain health legislation (5) This Part does not make unlawful anything done by a person in relation to the administration of: Age Discrimination Act 2004 Compilation No. 46 Compilation date: 03/12/2021 Authorised Version C2021C00565 registered 10/12/2021 39 Registered: 10/12/2021