New South Wales Consolidated Acts

ANTI-DISCRIMINATION ACT 1977 - SECT 49X

49X Discrimination against contract workers

(1) It is unlawful for a principal to discriminate against a contract worker on the ground of his or her responsibilities as a carer--

(a) in the terms on which the principal allows the contract worker to work, or

(b) by not allowing the contract worker to work or continue to work, or

(c) by denying the contract worker access, or limiting the contract worker's access, to any benefit associated with the work in respect of which the contract with his or her employer is made, or

(d) by subjecting the contract worker to any other detriment.

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

(a) would be unable to carry out the inherent requirements of a contract worker, 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.