New South Wales Consolidated Acts

ANTI-DISCRIMINATION ACT 1977 - SECT 49ZB

49ZB Qualifying bodies

(1) It is unlawful for an authority or a body which is empowered to confer, renew or extend an authorisation or a qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to discriminate against a person on the ground of his or her responsibilities as a carer--

(a) by refusing or failing to confer, renew or extend the authorisation or qualification, or

(b) in the terms on which it is prepared to confer the authorisation or qualification or to renew or extend the authorisation or qualification, or

(c) by withdrawing the authorisation or qualification or varying the terms or conditions on which it is held.

(2) Nothing in subsection (1) (a) or (c) renders unlawful discrimination by an authority or body against a person on the ground of the person's responsibilities as a carer if taking into account--

(a) the person's past training, qualifications and experience relevant to the particular profession, trade or occupation, and

(b) if the person is already a member of the profession, carrying on the trade or engaged in the occupation, the person's performance in the profession, trade or occupation, and

(c) all other relevant factors that it is reasonable to take into account,

the person because of his or her responsibilities as a carer would be unable to carry out the inherent requirements of the profession, trade or occupation.