Unlawful age discrimination Part 4
Discrimination in work Division 2
Section 25
Exemption for inherent requirements
(2) This section does not make it unlawful for an employment agency
to discriminate against a person, on the ground of the person’s age,
if the person is unable to carry out the inherent requirements of the
work sought because of his or her age.
(3) In deciding whether the person is unable to carry out those
requirements because of his or her age, take into account:
(a) the person’s past training, qualifications and experience
relevant to the work sought; and
(b) all other relevant factors that it is reasonable to take into
account.
Definition
(4) In this section:
employment agency means any person who, or body that, whether
for payment or not, assists persons to find employment or other
work or assists employers to find employees or workers.
25 Exemption for youth wages
(1) This Division does not make it unlawful for a person to
discriminate against another person on the ground of the other
person’s age, in relation to youth wages:
(a) in the arrangements made for the purpose of determining
who should be offered work; or
(b) in determining who should be offered work; or
(c) in payment, or offer of payment, of remuneration for work.
(2) In this section:
youth wages means remuneration for persons who are under 21.
Age Discrimination Act 2004
Compilation No. 46
Compilation date: 03/12/2021
Authorised Version C2021C00565 registered 10/12/2021
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Registered: 10/12/2021