South Australian Consolidated Acts

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EQUAL OPPORTUNITY ACT 1984 - SECT 34

34—Exemptions

        (1)         This Division does not apply in relation to—

            (a)         an employer employing a person for purposes not connected with a business carried on by the employer; or

            (b)         a principal engaging a natural person as an independent contractor for purposes not connected with a business carried on by the principal.

        (2)         This Division does not apply to discrimination on the ground of sex, chosen gender or sexuality in relation to employment or engagement for which it is a genuine occupational requirement that a person be a person of a particular sex, a person of a chosen gender or a person of a particular sexuality.

        (3)         This Division does not apply to discrimination on the ground of chosen gender or sexuality in relation to employment or engagement for the purposes of an educational institution if—

            (a)         the educational institution is administered in accordance with the precepts of a particular religion and the discrimination is founded on the precepts of that religion; and

            (b)         the educational authority administering the institution has a written policy stating its position in relation to the matter; and

            (c)         a copy of the policy is given to a person who is to be interviewed for or offered employment with the authority or a teacher who is to be offered engagement as a contractor by the authority; and

            (d)         a copy of the policy is provided on request, free of charge—

                  (i)         to employees and contractors and prospective employees and contractors of the authority to whom it relates or may relate; and

                  (ii)         to students, prospective students and parents and guardians of students and prospective students of the institution; and

                  (iii)         to other members of the public.

        (4)         This Division does not apply to discrimination on the ground of chosen gender in relation to employment or engagement if the discrimination is for the purposes of enforcing standards of appearance and dress reasonably required for the employment or engagement.



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