New South Wales Consolidated Acts

ANTI-DISCRIMINATION ACT 1977 - SECT 49F

49F Discrimination against contract workers

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

(a) in the terms on which the principal allows him or her to work, or

(b) by not allowing him or her to work or continue to work, or

(c) by denying him or her access, or limiting his or her access, to any benefit associated with the work in respect of which the contract with his or her employer is made, or

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

(2) Nothing in subsection (1) (b) renders unlawful discrimination by a principal against a contract worker on the ground of the contract worker’s disability if taking into account the contract worker’s past training, qualifications and experience relevant to working as a contract worker and, if the person is already working for the principal as a contract worker, the contract worker’s performance as a contract worker, and all other relevant factors that it is reasonable to take into account, the contract worker because of his or her disability:

(a) would be unable to carry out the inherent requirements of a contract worker, 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.