Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) It is unlawful for a principal to discriminate against a person on the ground of the person’s disability or a disability of any of that person’s associates:
(a) in the arrangements the principal makes for the purpose of determining who should be engaged as a commission agent; or
(b) in determining who should be engaged as a commission agent; or
(c) in the terms or conditions on which the person is engaged as a commission agent.
(2) It is unlawful for a principal to discriminate against a commission agent on the ground of the commission agent’s disability or a disability of any of the person’s associates:
(a) in the terms or conditions that the principal affords the commission agent as a commission agent; or
(b) by denying the commission agent access, or limiting the commission agent’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with the position as a commission agent; or
(c) by terminating the engagement; or
(d) by subjecting the commission agent to any other detriment.
(3) Neither paragraph (1)(b) nor (2)(c) renders unlawful discrimination by a principal against a person on the ground of the person’s disability, if taking into account the person’s past training, qualifications and experience relevant to engagement as a commission agent and, if the person is already engaged by the principal as a commission agent, the person’s performance as a commission agent, and all other relevant factors that it is reasonable to take into account, the person because of his or her disability:
(a) would be unable to carry out the inherent requirements of a commission agent; or
(b) would, in order to carry out those requirements, require services or facilities that are not required by persons without the disability and the provision of which would impose an unjustifiable hardship on the principal.
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