Victorian Consolidated Legislation

Equal Opportunity Act 1995 - SECT 25

Exception-care of children

25. Exception-care of children



(1) Nothing in section 13 or 14 applies to discrimination by an employer
against an employee or prospective employee if-

   (a)  the employment involves the care, instruction or supervision of
        children; and

   (b)  the employer genuinely believes that the discrimination is necessary
        to protect the physical, psychological or emotional well-being of the
        children; and

   (c)  having regard to all the relevant circumstances, including, if
        applicable, the conduct of the employee or prospective employee, the
        employer has a rational basis for that belief.

(2) Sub-section (1) does not apply to employment by a post-secondary education
provider (within the meaning of the Education and Training Reform Act 2006) or
a TAFE institute.