Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where, by virtue
of a provision of Division 2 or this Division, it would be unlawful, in
particular circumstances, for a person to discriminate against another person,
on the ground of the other person’s sex, marital status or pregnancy, in
doing a particular act, it is unlawful for the first-mentioned person to
request or require the other person to provide, in connection with or for the
purposes of the doing of the act, information (whether by way of completing a
form or otherwise) that persons of the opposite sex or of a different marital
status, or persons who are not pregnant, as the case requires, would not, in
circumstances that are the same or not materially different, be requested or
required to provide.
(2) Nothing in
subsection (1) renders it unlawful for a person to request or
require —
(a) a
person of a particular sex to provide information concerning such part of the
last-mentioned person’s medical history as relates to medical conditions
that affect persons of that sex only; or
(b) a
person who is pregnant to provide medical information concerning the
pregnancy.