Prohibition of discrimination etc. Part II
Exemptions Division 4
Section 30
Division 4—Exemptions
30 Certain discrimination on ground of sex not unlawful
(1) Nothing in paragraph 14(1)(a) or (b), 15(1)(a) or (b) or 16(b)
renders it unlawful for a person to discriminate against another
person, on the ground of the other person’s sex, in connection with
a position as an employee, commission agent or contract worker,
being a position in relation to which it is a genuine occupational
qualification to be a person of a different sex from the sex of the
other person.
(2) Without limiting the generality of subsection (1), it is a genuine
occupational qualification, in relation to a particular position, to be
a person of a particular sex (in this subsection referred to as the
relevant sex) if:
(a) the duties of the position can be performed only by a person
having particular physical attributes (other than attributes of
strength or stamina) that are not possessed by persons of a
different sex from the relevant sex;
(b) the duties of the position involve performing in a dramatic
performance or other entertainment in a role that, for reasons
of authenticity, aesthetics or tradition, is required to be
performed by a person of the relevant sex;
(c) the duties of the position need to be performed by a person of
the relevant sex to preserve decency or privacy because they
involve the fitting of clothing for persons of that sex;
(d) the duties of the position include the conduct of searches of
the clothing or bodies of persons of the relevant sex;
(e) the occupant of the position is required to enter a lavatory
ordinarily used by persons of the relevant sex while the
lavatory is in use by persons of that sex;
(f) the occupant of the position is required to live on premises
provided by the employer or principal of the occupant of the
position and:
Sex Discrimination Act 1984
Compilation No. 42
Compilation date: 11/09/2021
Authorised Version C2021C00420 registered 08/10/2021
49
Registered: 08/10/2021