49WDiscrimination against commission agents

#### 49W Discrimination against commission agents 49W Discrimination against commission agents > > (1) It is unlawful for a principal to discriminate against a person on the ground of the person’s responsibilities as a carer— > > > > > (a) in the arrangements the principal makes for the purpose of determining who should be engaged as a commission agent, or > > > > > (b) in determining who should be engaged as a commission agent, or > > > > > (c) in the terms on which the principal engages the person as a commission agent. > > > (2) It is unlawful for a principal to discriminate against a commission agent on the ground of his or her responsibilities as a carer— > > > > > (a) in the terms or conditions that the principal affords him or her as a commission agent, or > > > > > (b) by denying the commission agent access, or limiting the commission agent’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with his or her position as a commission agent, or > > > > > (c) by terminating the commission agent’s engagement, or > > > > > (d) by subjecting the commission agent to any other detriment. > > > (3) Nothing in subsection (1) (b) or (2) (c) renders unlawful discrimination by a principal against a person on the ground of the person’s responsibilities as a carer if taking into account the person’s past training, qualifications and experience relevant to engagement as a commission agent and, if the person is already engaged by the principal as a commission agent, the person’s performance as a commission agent, and all other relevant factors that it is reasonable to take into account, the person because of his or her responsibilities as a carer— > > > > > (a) would be unable to carry out the inherent requirements of a commission agent, or > > > > > (b) would, in order to carry out those requirements, require arrangements that are not required by persons without those responsibilities as a carer and the making of which would impose an unjustifiable hardship on the principal. > > **ss 49W–49ZC:** Ins 1982 No 142, Sch 1 (4). Rep 1994 No 28, Sch 3 (2). Ins 2000 No 24, Sch 1 \[1\].