Victorian Consolidated Legislation

Equal Opportunity Act 1995 - SECT 15A

Principal must accommodate contract worker's responsibilities as parent or carer

15A. Principal must accommodate contract worker's responsibilities as parent
or carer



(1) A principal must not, in relation to the work arrangements of a contract
worker, unreasonably refuse to accommodate the responsibilities that the
contract worker has as a parent or carer.

Example A principal may be able to accommodate a contract worker's
responsibilities as a parent or carer by allowing the contract worker to have
flexible start, finish or break times.

(2) In determining whether a principal unreasonably refuses to accommodate the
responsibilities that a contract worker has as a parent or carer, all relevant
facts and circumstances must be considered, including-

   (a)  the contract worker's circumstances, including the nature of his or
        her responsibilities as a parent or carer; and

   (b)  the nature of the work contracted for; and

   (c)  the nature of the arrangements required to accommodate those
        responsibilities; and

   (d)  the financial circumstances of the principal; and

   (e)  the size and nature of the workplace and the principal's business; and

   (f)  the effect on the workplace and the principal's business of
        accommodating those responsibilities, including-

   (i)  the financial impact of doing so;

   (ii) the number of persons who would benefit from or be disadvantaged by
        doing so;

   (iii) the impact on efficiency and productivity and, if applicable, on
        customer service of doing so; and

   (g)  the consequences for the principal of making such accommodation; and

   (h)  the consequences for the contract worker of not making such
        accommodation.

(3) In this section contract worker and principal have the same meanings as in
section 15.