Western Australian Consolidated Acts

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SPENT CONVICTIONS ACT 1988 - SECT 17

17 .         Terms used in this Division

        (1)         In this Division commission agent , committee of management , contract worker , employment , employment agency and principal have the respective meanings assigned to them by the Equal Opportunity Act 1984 .

        (2)         For the purposes of this Division, a person (in this subsection referred to as the discriminator ) discriminates against another person (in this subsection referred to as the aggrieved person ) on the ground of a spent conviction if — 

            (a)         on the ground of that conviction or the charge to which it relates, the discriminator treats the aggrieved person less favourably than, in the same circumstances or in circumstances that are not materially different, the discriminator treats or would treat a person who had never incurred a conviction; or

            (b)         the discriminator requires the aggrieved person to comply with a requirement or condition that is not reasonable having regard to the circumstances of the case.



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