Part 4 Unlawful age discrimination
Division 4 General exemptions
Section 33
Division 4—General exemptions
33 Positive discrimination
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
an act that is consistent with the purposes of this Act, if:
(a) the act provides a bona fide benefit to persons of a particular
age; or
Example 1:
This paragraph would cover a hairdresser giving a
discount to a person holding a Seniors Card or a similar card,
because giving the discount is an act that provides a bona fide
benefit to older persons.
Example 2:
This paragraph would cover the provision to a particular
age group of a scholarship program, competition or similar
opportunity to win a prize or benefit.
(b) the act is intended to meet a need that arises out of the age of
persons of a particular age; or
Example:
Young people often have a greater need for welfare
services (including information, support and referral) than other
people. This paragraph would therefore cover the provision of
welfare services to young homeless people, because such
services are intended to meet a need arising out of the age of such
people.
(c) the act is intended to reduce a disadvantage experienced by
people of a particular age.
Example:
Older people are often more disadvantaged by
retrenchment than are other people. This paragraph would
therefore cover the provision of additional notice entitlements for
older workers, because such entitlements are intended to reduce a
disadvantage experienced by older people.
34 Charities
This Part does not:
(a) affect a provision (whether made before or after the
commencement of this Part) of the governing rules (within
the meaning of the Australian Charities and Not-for-profits
30
Compilation No. 46
Age Discrimination Act 2004
Compilation date: 03/12/2021
Authorised Version C2021C00565 registered 10/12/2021
Registered: 10/12/2021