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This is a Bill, not an Act. For current law, see the Acts databases.


DISCRIMINATION AMENDMENT BILL 2002

2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY



(As presented)

(Mrs Helen Cross)

Discrimination Amendment Bill 2002



Contents

Page









2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY



(As presented)

(Mrs Helen Cross)

Discrimination Amendment Bill 2002





A Bill for

An Act to amend the Discrimination Act 1991











The Legislative Assembly for the Australian Capital Territory enacts as follows:



1 Name of Act

This Act is the Discrimination Amendment Act 2002.

2 Commencement

This Act commences on the day after its notification day.

3 Act amended

This Act amends the Discrimination Act 1991.

4 Interpretation for Act

Section 4, new definition of potential pregnancy

insert

potential pregnancy—see section 5A.

5 New section 5A

insert

5A Meaning of potential pregnancy

A reference in this Act to potential pregnancy of a woman includes a reference to—

(a) the fact that the woman is or may be capable of bearing children; and

(b) the fact that the woman has expressed a desire to become pregnant; and

(c) the fact that the woman is likely, or is perceived as being likely, to become pregnant.

6 Grounds

Section 7 (1) (fa)

substitute

(fa) potential pregnancy;

(fb) breastfeeding;

7 Requests etc for information

Section 23

insert

(1)

8 New section 23 (2)

insert

(2) Without limiting subsection (1), it is unlawful to request or require a person to provide information about an attribute mentioned in section 7 (1) if, in the same or substantially the same circumstances, the same information would not be requested or required about a person who does not have that attribute.

9 New section 33A, division 4.1

insert

33A Requesting information—health and safety at work

Section 23 does not make it unlawful to discriminate, in relation to employment or work, by requesting or requiring information if the discrimination is necessary to comply with reasonable health and safety requirements relevant to the employment or work.

Example

A woman who applies for work or works as a radiologist may be asked whether she is pregnant or intends to become pregnant if that information is requested in order to ensure the woman’s unborn child is not endangered by exposure to x-rays.





Endnote

Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au.

























































© Australian Capital Territory 2002

 


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