South Australian Current Acts

EQUAL OPPORTUNITY ACT 1984 - SECT 78

78—Discrimination in relation to superannuation

        (1)         Subject to subsection (2), it is unlawful for a person who provides a superannuation scheme or provident fund to discriminate against a person on the ground of disability—

            (a)         by providing a scheme or fund that discriminates or, if the other person were to become a member of the scheme or fund, would discriminate, or require or authorise discrimination, against the other person; or

            (b)         in the manner in which the scheme or fund is administered,

except to the extent that—

            (c)         the discrimination—

                  (i)         is based on actuarial or statistical data from a source on which it is reasonable to rely; and

                  (ii)         is reasonable having regard to the data and other relevant factors; or

            (d)         if no such actuarial or statistical data is available, the discrimination is reasonable having regard to other relevant factors.

        (2)         Subsection (1) does not apply in relation to a superannuation scheme or provident fund provided for employees—

            (a)         to which the employer makes contributions; and

            (b)         under which a greater number of the members (not including members who are no longer employed by an employer who participates in the scheme or fund) reside in any one other State or Territory than reside in this State.

        (3)         Subject to any order of the Tribunal or a court in proceedings under this Act, nothing in this section has the effect of rendering a superannuation scheme or provident fund, or a provision of such a scheme or fund, void.