Part 2 Prohibition of disability discrimination
Division 5 Exemptions
Section 47
is offered to, or may be obtained by, the other person, 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.
47 Acts done under statutory authority
(1) This Part does not render unlawful anything done by a person in
direct compliance with:
(b) an order of a court; or
(c) an instrument (an industrial instrument) that is:
(i) a fair work instrument (within the meaning of the Fair
Work Act 2009); or
(ii) a transitional instrument or Division 2B State
instrument (within the meaning of the Fair Work
(Transitional Provisions and Consequential
Amendments) Act 2009);
to the extent to which the industrial instrument has specific
provisions relating to the payment of rates of salary or wages
to persons, in circumstances in which:
(iii) if the persons were not in receipt of the salary or wages,
they would be eligible for a disability support pension;
and
(iv) the salary or wages are determined by reference to the
capacity of the person; or
(d) an order, award or determination of a court or tribunal having
power to fix minimum wages, to the extent to which the
order, award or determination has specific provisions relating
to the payment of rates of salary or wages to persons, in
circumstances in which:
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Disability Discrimination Act 1992
Compilation No. 33
Compilation date: 12/4/18
Authorised Version C2018C00125 registered 19/04/2018
Registered: 19/4/18