Queensland Consolidated Acts

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ANTI-DISCRIMINATION ACT 1991 - SECT 28

Work with children

28 Work with children

(1) It is not unlawful to discriminate on the basis of lawful sexual activity or gender identity against a person with respect to a matter that is otherwise prohibited under subdivision 1 if—
(a) the work involves the care or instruction of minors; and
(b) the discrimination is reasonably necessary to protect the physical, psychological or emotional wellbeing of minors having regard to all the relevant circumstances of the case, including the person’s actions.
(2) It is not unlawful to discriminate against a person with respect to a matter that is otherwise prohibited under subdivision 1 if—
(a) the work involves the care or instruction of minors; and
(b) whether before or after the commencement of this subsection, the person has been—
(i) convicted in Queensland or elsewhere of an offence of a sexual nature involving a child; or
(ii) disqualified from working with children under an Act of a State or of the Commonwealth.



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