Commonwealth Consolidated Acts

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SEX DISCRIMINATION ACT 1984 - SECT 30

Certain discrimination on ground of sex not unlawful

             (1)  Nothing in paragraph 14(1)(a) or (b), 15(1)(a) or (b) or 16(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, commission agent or contract worker, being a position in relation to which it is a genuine occupational qualification to be a person of a different sex from 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 a different sex from 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 a different sex from 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.



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