Victorian Consolidated Legislation

Equal Opportunity Act 1995 - SECT 21

Exception-small business

21. Exception-small business



(1) An employer may discriminate in determining who should be offered
employment if the employer employs no more than the equivalent of 5 people on
a full-time basis (including the people to whom employment is offered).

(2) In ascertaining the number of people employed for the purposes of
subsection (1), the following people are not included-

   (a)  relatives of the employer; and

   (b)  people employed to provide domestic or personal services in, or in
        relation to, the employer's home.

(3) For the purposes of this section-

   (a)  a person who holds a controlling interest in a body corporate is to be
        taken to be the employer of the employees of the body corporate;

   (b)  a body corporate is to be taken to be the employer of the employees of
        any of its related bodies corporate (within the meaning of section 9
        of the Corporations Act);

   (c)  full-time basis means a minimum of 30 hours a week.