New South Wales Consolidated Acts

ANTI-DISCRIMINATION ACT 1977 - SECT 49ZYA

49ZYA What constitutes discrimination on the ground of age

(1) A person ( "the perpetrator") discriminates against another person ( "the aggrieved person") on the ground of age if, on the ground of the aggrieved person’s age or the age of a relative or associate of the aggrieved person, the perpetrator:

(a) treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the perpetrator treats or would treat a person who is not of that age or age group or who does not have such a relative or associate who is that age or age group, or

(b) requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons who are not of that age or age group, or who do not have such a relative or associate who is that age or age group, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.

(2) For the purposes of subsection (1) (a), something is done on the ground of a person’s age if it is done on the ground of the person’s age or age group, a characteristic that appertains generally to persons who are that age or age group or a characteristic that is generally imputed to persons who are of that age or age group.

(3) In this section:
"associate" of a person means any person with whom he or she associates, whether socially or in business or commerce, or otherwise.
"relative" of a person means:

(a) any person to whom the person is related by blood, marriage, affinity or adoption, or the de facto partner of the person, or

(b) any person who is wholly or mainly dependent on, or a member of the household of, the person.