Commonwealth Consolidated Acts

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Requests for information

             (1)  It is unlawful for a person (the first person ) to request or require another person (the other person ) to provide information (whether by way of completing a form or otherwise) if:

                     (a)  the information is requested or required in connection with, or for the purposes of, the first person doing a particular act; and

                     (b)  under Division 1 or this Division, it would be unlawful in particular circumstances for the first person, in doing that act, to discriminate against the other person on the ground of the other person's sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities; and

                     (c)  persons:

                              (i)  of a different sex; or

                            (ia)  who have a different sexual orientation; or

                            (ib)  who have a different gender identity; or

                            (ic)  who are not of intersex status; or

                             (ii)  who have a different marital or relationship status; or

                            (iii)  who are not pregnant or potentially pregnant; or

                            (iv)  who are not breastfeeding; or

                             (v)  without family responsibilities;

                            as the case requires, would not be requested or required to provide the information in circumstances that are the same or not materially different.

Example:    Under section 14 of Division 1, it is unlawful to determine not to offer employment to a woman because she is pregnant or might become pregnant. Under this section, it is therefore also unlawful to ask a woman during a job interview whether she is pregnant or intends to become pregnant if that information is requested in connection with determining whether to offer her employment.

             (2)  Nothing in subsection (1) renders it unlawful for a person to request or require:

                     (a)  a person of a particular sex to provide information concerning such part of the last-mentioned person's medical history as relates to medical conditions that affect persons of that sex only; or

                     (b)  a person who is pregnant to provide medical information concerning the pregnancy.

Note:          Information obtained under this subsection may be used provided the use is not for the purpose of a discriminatory act that is unlawful under any other section of this Act. For example, an employer may use such information for a purpose connected with occupational health and safety, but only if doing so does not amount to unlawful discrimination.

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