AustLII Tasmanian Consolidated Acts

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ANTI-DISCRIMINATION ACT 1998 - SECT 27

Division 2 - Exceptions relating to certain attributes 27. Gender

      (1) A person may discriminate against another person on the ground of gender –

(a) in a religious institution, if it is required by the doctrines of the religion of the institution; or

(b) in education, if it is for the purpose of enrolment in one-gender schools or hostels; or

(c) in employment, if it is for the purpose of the residential care of persons under the age of 18 years; or

(d) in employment, if it is based on a genuine occupational qualification or requirement in relation to a particular position; or

(e) in accommodation, if it is shared accommodation for less than 5 adult persons; or

(f) in the provision or use of facilities, if those facilities are reasonably required for use by persons of one gender only.

      (2) A person may discriminate against another person on the ground of gender in respect of the use of any benefit provided by a club if –

(a) it is not practicable for the benefit to be used simultaneously or to the same extent by both men and women; and

(b) the benefit is provided –

(i) for the use of men and women separately from each other; or

(ii) to men and women in a fair and reasonable proportion.

      (3) A person may discriminate against another person on the ground of gender in respect of membership of a club if the membership of the club is available only to persons of one gender.



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