Commonwealth Consolidated Acts

SEX DISCRIMINATION ACT 1984 - SECT 35

             (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 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 of the occupant of the position would also occupy a position as an employee or contract worker of that employer or principal.