Western Australian Consolidated Acts Western Australian Consolidated Acts It is unlawful for a
person who provides a superannuation scheme or provident fund to discriminate
against a gender reassigned person on gender history
grounds —
(a) by
providing a scheme or fund that discriminates, or requires or authorises
discrimination, against that other person or that would, if the person were to
become a member of the scheme or fund, discriminate, or require or authorise
discrimination, against that person; or
(b) in
the manner in which the first-mentioned person administers the scheme or fund,
except to the extent
that —
(aa) the
discrimination —
(i)
is based upon actuarial or statistical data from a source
upon which it is reasonable to rely or where there is no such data, on such
other data as may be available; and
(ii)
is reasonable having regard to the data, if any, and
other relevant factors;
or
(bb)
where no such actuarial or statistical data is available, the discrimination
is reasonable having regard to any other relevant factors.
[Section 35AR inserted by No. 2 of 2000
s. 28.]
[Heading inserted by No. 74 of 1992
s. 11.]
[Heading inserted by No. 74 of 1992
s. 11.]