Prohibition of disability discrimination Part 2
Exemptions Division 5
Section 46
(b) in relation to the rates of salary or wages paid to persons with
disabilities.
Note:
For discrimination in relation to the rates of salary or wages paid to
persons with disabilities, see paragraphs 47(1)(c) and (d).
46 Superannuation and insurance
(1) This Part does not render it unlawful for a person to discriminate
against another person, on the ground of the other person’s
disability, by refusing to offer the other person:
(a) an annuity; or
(b) a life insurance policy; or
(c) a policy of insurance against accident or any other policy of
insurance; or
(d) membership of a superannuation or provident fund; or
(e) membership of a superannuation or provident scheme;
if:
(f) the discrimination:
(i) is based upon actuarial or statistical data on which it is
reasonable for the first-mentioned person to rely; and
(ii) is reasonable having regard to the matter of the data and
other relevant factors; or
(g) in a case where no such actuarial or statistical data is
available and cannot reasonably be obtained—the
discrimination is reasonable having regard to any other
relevant factors.
(2) This Part does not render it unlawful for a person to discriminate
against another person, on the ground of the other person’s
disability, in respect of the terms or conditions on which:
(a) an annuity; or
(b) a life insurance policy; or
(c) a policy of insurance against accident or any other policy of
insurance; or
(d) membership of a superannuation or provident fund; or
(e) membership of a superannuation or provident scheme;
Disability Discrimination Act 1992
Compilation No. 33
Compilation date: 12/4/18
Authorised Version C2018C00125 registered 19/04/2018
39
Registered: 19/4/18