This legislation has been repealed.
Exception-care of children25. Exception-care of children (1) Nothing in section 13 or 14 applies to discrimination by an employer against an employee or prospective employee if- (a) the employment involves the care, instruction or supervision of children; and (b) the employer genuinely believes that the discrimination is necessary to protect the physical, psychological or emotional well-being of the children; and (c) having regard to all the relevant circumstances, including, if applicable, the conduct of the employee or prospective employee, the employer has a rational basis for that belief. (2) Sub-section (1) does not apply to employment by a post-secondary education provider (within the meaning of the Education and Training Reform Act 2006) or a TAFE institute.