Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies in relation to a person (the first person ) if, under Division 1 or this Division, it would be unlawful for the first person, in doing a particular act, to discriminate against another person on the ground of a disability of the other person.
(2) It is unlawful for the first person to request or require the other person to provide information (whether by completing a form or otherwise) if:
(a) the first person requests or requires the information in connection with, or for the purposes of, doing the act referred to in subsection (1); and
(b) either or both of the following applies:
(i) persons who do not have the disability would not be requested or required to provide the information in circumstances that are not materially different;
(ii) the information relates to the disability.
(3) Subsection (2) does not apply if:
(a) evidence is produced to the effect that none of the purposes for which the first person requested or required the information was the purpose of unlawfully discriminating against the other person on the ground of the disability; and
(b) the evidence is not rebutted.
Example: An employer may not require a prospective employee to provide genetic information if the employer intends to use that information to unlawfully discriminate against the employee on the ground of a disability of the employee.
However, the employer may require such information in order to determine if the prospective employee would be able to carry out the inherent requirements of the employment or to determine what reasonable adjustments to make for the employee.
(4) This section has effect subject to subsection 54A(5) (evidence that an animal is an assistance animal).