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 marital status of the aggrieved person
if, on the ground of —
(a) the
marital status of the aggrieved person; or
(b) a
characteristic that appertains generally to persons of the marital status of
the aggrieved person; or
(c) a
characteristic that is generally imputed to persons of the marital status 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 a different marital status.
(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 marital status 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 not of the same marital
status as 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 9 amended: No. 74 of 1992 s. 40.]