New South Wales Consolidated Acts

ANTI-DISCRIMINATION ACT 1977 - SECT 49ZYJ

49ZYJ Exception--genuine occupational qualification

(1) Nothing in this Division renders unlawful discrimination against a person on the ground of the person's age if being a person of a particular age or age group is a genuine occupational qualification for the job.

(2) Being a person of a particular age or age group is a genuine occupational qualification for a job if either of the following requirements is satisfied--

(a) in dramatic performances or other entertainment, the essential nature of the job calls for a person of that age or age group for reasons of authenticity, so that the essential nature of the job would be materially different if carried out by a person of another age or age group,

(b) the holder of the job provides persons of that age or age group with services for the purpose of promoting their welfare or furthering their education and those services can most effectively be provided by a person of a particular age or age group.

(3) Being a person of a particular age or age group is a genuine occupational qualification for a job, or a job of a class or description, prescribed by the regulations.

(4) Nothing in subsection (2) limits the Governor's power to make a regulation for the purposes of subsection (3).