Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Nothing in
section 11(1)(a) or (b), 12(1)(a) or (b) or 13(b) renders it unlawful for
a person to discriminate against another person, on the ground of the other
person’s sex, in connection with a position as an employee, contract
worker or commission agent, being a position in relation to which it is a
genuine occupational qualification to be a person of the opposite sex to the
sex of the other person.
(2) Without limiting
the generality of subsection (1), it is a genuine occupational
qualification, in relation to a particular position, to be a person of a
particular sex (in this subsection referred to as the relevant sex )
if —
(a) the
duties of the position can be performed only by a person having particular
physical attributes (other than attributes of strength or stamina) that are
not possessed by persons of the opposite sex to the relevant sex;
(b) the
duties of the position involve performing in a dramatic performance or other
entertainment in a role that, for reasons of authenticity, aesthetics or
tradition, is required to be performed by a person of the relevant sex;
(c) the
duties of the position need to be performed by a person of the relevant sex to
preserve decency or privacy because they involve the fitting of clothing for
persons of that sex;
(d) the
duties of the position include the conduct of searches of the clothing or
bodies of persons of the relevant sex;
(e) the
occupant of the position is required to enter a lavatory ordinarily used by
persons of the relevant sex while the lavatory is in use by persons of that
sex;
(f) the
occupant of the position is required to live on premises provided by the
employer or principal of the occupant of the position and —
(i)
the premises are not equipped with separate sleeping
accommodation and sanitary facilities for persons of each sex;
(ii)
the premises are already occupied by a person or persons
of the relevant sex and are not occupied by any person of the opposite sex to
the relevant sex; and
(iii)
it is not reasonable to expect the employer or principal
to provide separate sleeping accommodation and sanitary facilities for persons
of each sex;
(g) the
occupant of the position is required to enter areas ordinarily used only by
persons of the relevant sex while those persons are in a state of undress; or
(h) the
position is declared, by regulations made for the purposes of this paragraph,
to be a position in relation to which it is a genuine occupational
qualification to be a person of a particular sex.
(3) This section does
not apply in relation to a person at a time when the employer or principal
concerned already has employees, commission agents or contract workers of the
opposite sex to the person —
(a) who
are capable of carrying out the duties of the position concerned;
(b) whom
it would be reasonable to employ, engage or allow to work on the duties
referred to in paragraph (a); and
(c)
whose numbers are sufficient to meet the likely requirements of that employer
or principal in respect of the duties referred to in paragraph (a).
[Section 27 amended by No. 74 of 1992
s. 10; No. 57 of 1997 s. 55(1).]