New South Wales Consolidated Acts

ANTI-DISCRIMINATION ACT 1977 - SECT 49E

49E Discrimination against commission agents

(1) It is unlawful for a principal to discriminate against a person on the ground of disability:

(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 on which the principal engages the person as a commission agent.

(2) It is unlawful for a principal to discriminate against a commission agent on the ground of disability:

(a) in the terms or conditions which the principal affords him or her as a commission agent, or

(b) by denying him or her access, or limiting his or her access, to opportunities for promotion, transfer or training, or to any other benefits associated with his or her position as a commission agent, or

(c) by terminating his or her engagement, or

(d) by subjecting him or her to any other detriment.

(3) Nothing in subsection (1) (b) or (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 that disability and the provision of which would impose an unjustifiable hardship on the principal.