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DISCRIMINATION ACT 1991 - SECT 34 Genuine occupational qualifications—sex

DISCRIMINATION ACT 1991 - SECT 34

Genuine occupational qualifications—sex

    (1)     Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or section 14 (1) (a) or (2) (a) does not make it unlawful for a person to discriminate against someone else (the relevant person ) on the ground of sex in relation to a position as an employee, commission agent, contract worker or partner if it is a genuine occupational qualification for the position that the position be filled by a person of the opposite sex to the relevant person.

    (2)     Without limiting subsection (1), it is a genuine occupational qualification, in relation to a particular position, to be a person of a particular sex (the "relevant sex") if—

        (a)     the duties of the position can be performed only by a person having particular physical attributes (other than attributes of strength or stamina) that are not possessed by people not of the relevant sex; or

        (b)     the duties of the position involve performing in a dramatic performance or other entertainment in a role that, for reasons of authenticity, aesthetics or tradition is required to be performed by a person of the relevant sex; or

        (c)     the duties of the position involve participating as an artist's or photographic model in the production of a work of art, visual image or sequence of visual images for which a person of the relevant sex is required for reasons of authenticity; or

        (d)     the duties of the position need to be performed by a person of the relevant sex to preserve decency or privacy because they involve the fitting of clothing for people of that sex; or

        (e)     the duties of the position include the conduct of searches of the clothing or bodies of people of the relevant sex; or

        (f)     the occupant of the position is required to enter a lavatory ordinarily used by people of the relevant sex while the lavatory is in use by people of that sex; or

        (g)     the occupant of the position is required to live on premises provided by the employer or principal and—

              (i)     the premises are not equipped with separate sleeping accommodation or sanitary facilities for people of each sex; and

              (ii)     the premises are already occupied by a person of the relevant sex and are not occupied by any person not of the relevant sex; and

              (iii)     it is not reasonable to expect the employer or principal to provide separate sleeping accommodation or sanitary facilities for people of each sex; or

        (h)     the occupant of the position is required to enter areas ordinarily used only by people of the relevant sex while those people are in a state of undress; or

              (i)     the duties of the position involve providing people of the relevant sex with services for the purpose of promoting their welfare if those services can most effectively be provided by a person of that sex; or

        (j)     the position is declared under the regulations to be a position in relation to which it is a genuine occupational qualification to be a person of a particular sex.