Western Australian Consolidated Acts Western Australian Consolidated Acts (1) For the
purposes of this Act, a person (in this subsection referred to as the
discriminator ) discriminates against a gender reassigned person on gender
history grounds if, on the ground of the gender reassigned person having a
gender history, the discriminator treats the gender reassigned person less
favourably than, in circumstances that are the same or are not materially
different, the discriminator treats or would treat a person not thought by the
discriminator to have a gender history.
(2) A reference in
subsection (1) to something done on the ground of a person having a
gender history includes a reference to something done on the ground
of —
(a) a
characteristic that appertains generally to persons who have a gender history;
or
(b) a
characteristic that is generally imputed to persons who have a gender history.
(3) For the purposes
of this Act, a person (in this subsection referred to as the discriminator )
discriminates against a gender reassigned person on gender history grounds if
on the ground of the person having a gender history the
discriminator —
(a)
treats the person as being of the person’s former sex; or
(b)
requires the person to comply with a requirement or
condition —
(i)
with which a substantially higher proportion of persons
who do not have a gender history comply or are able to comply;
(ii)
which is not reasonable having regard to the
circumstances of the case; and
(iii)
with which the gender reassigned person does not or is
not able to comply.
[Section 35AB inserted by No. 2 of 2000
s. 28.]
[Heading inserted by No. 2 of 2000
s. 28.]