Queensland Consolidated Acts

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Unnecessary information

124 Unnecessary information

(1) A person must not ask another person, either orally or in writing, to supply information on which unlawful discrimination might be based.
(2) Subsection (1) does not apply to a request that is necessary to comply with, or is specifically authorised by—
(a) an existing provision of another Act; or
(b) an order of a court; or
(c) an existing provision of an order or award of a court or tribunal having power to fix minimum wages and other terms of employment; or
(d) an existing provision of an industrial agreement under the repealed Industrial Relations Act 1999 ; or
(e) an order of QCAT or the industrial relations commission.
(3) It is a defence to a proceeding for a contravention of subsection (1) if the respondent proves, on the balance of probabilities, that the information was reasonably required for a purpose that did not involve discrimination.
(4) In this section—

"existing provision" means a provision in existence at the commencement of this section.
Example: An employer would contravene the Act by asking applicants for all jobs whether they have any impairments, but may ask applicants for a job involving heavy lifting whether they have any physical condition that indicates they should not do that work.

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