Western Australian Current Acts Western Australian Current Acts (1) For the purposes
of this Act, a person (in this subsection referred to as the discriminator )
discriminates against another person (in this subsection referred to as the
aggrieved person ) on the ground of the sex of the aggrieved person if, on the
ground of —
(a) the
sex of the aggrieved person; or
(b) a
characteristic that appertains generally to persons of the sex of the
aggrieved person; or
(c) a
characteristic that is generally imputed to persons of the sex of the
aggrieved person,
the discriminator
treats the aggrieved person less favourably than, in circumstances that are
the same or are not materially different, the discriminator treats or would
treat a person of the opposite sex.
(2) For the purposes
of this Act, a person (in this subsection referred to as the discriminator )
discriminates against another person (in this subsection referred to as the
aggrieved person ) on the ground of the sex of the aggrieved person if the
discriminator requires the aggrieved person to comply with a requirement or
condition —
(a) with
which a substantially higher proportion of persons of the opposite sex to the
aggrieved person comply or are able to comply; and
(b)
which is not reasonable having regard to the circumstances of the case; and
(c) with
which the aggrieved person does not or is not able to comply.
[Section 8 amended: No. 74 of 1992 s. 40.]