New South Wales Consolidated Acts

ANTI-DISCRIMINATION ACT 1977 - SECT 49W

49W Discrimination against commission agents

(1) It is unlawful for a principal to discriminate against a person on the ground of the person's responsibilities as a carer--

(a) in the arrangements the principal makes for the purpose of determining who should be engaged as a commission agent, or

(b) in determining who should be engaged as a commission agent, or

(c) in the terms on which the principal engages the person as a commission agent.

(2) It is unlawful for a principal to discriminate against a commission agent on the ground of his or her responsibilities as a carer--

(a) in the terms or conditions that the principal affords him or her as a commission agent, or

(b) by denying the commission agent access, or limiting the commission agent's access, to opportunities for promotion, transfer or training, or to any other benefits associated with his or her position as a commission agent, or

(c) by terminating the commission agent's engagement, or

(d) by subjecting the commission agent to any other detriment.

(3) Nothing in subsection (1) (b) or (2) (c) renders unlawful discrimination by a principal against a person on the ground of the person's responsibilities as a carer if taking into account the person's past training, qualifications and experience relevant to engagement as a commission agent and, if the person is already engaged by the principal as a commission agent, the person's performance as a commission agent, and all other relevant factors that it is reasonable to take into account, the person because of his or her responsibilities as a carer--

(a) would be unable to carry out the inherent requirements of a commission agent, or

(b) would, in order to carry out those requirements, require arrangements that are not required by persons without those responsibilities as a carer and the making of which would impose an unjustifiable hardship on the principal.