Commonwealth Consolidated Acts

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SEX DISCRIMINATION ACT 1984 - SECT 35

Residential care of children

  (1)   Nothing in paragraph   14(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 or contract worker, where the duties of the position involve the care of a child or children in the place where the child or children resides or reside.

  (2)   Nothing in paragraph   14(1)(a) or (b), 14(2)(c) or 16(b) renders it unlawful for a person to discriminate against another person on the ground of the other person's marital or relationship status in connection with a position as an employee or contract worker of a particular employer or principal, where:

  (a)   the duties of the position involve the care of a child or children in the place where the child or children resides or reside; and

  (b)   it is intended that the spouse or   de   facto   partner of the occupant of the position would also occupy a position as an employee or contract worker of that employer or principal.


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