Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.