NSWIn ForceAct
Anti-Discrimination Act 1977
49YPartnerships
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#### 49Y Partnerships
49Y Partnerships
> > (1) It is unlawful for a firm consisting of 6 or more partners, or for any one or more of 6 or more persons proposing to form themselves into a partnership, to discriminate against a person on the ground of his or her responsibilities as a carer—
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> > > (a) in the arrangements made for the purpose of determining who should be offered a position as partner in the firm, or
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> > > (b) in determining who should be offered a position as partner in the firm, or
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> > > (c) in the terms on which the person is offered a position as partner in the firm.
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> > (2) It is unlawful for a firm consisting of 6 or more partners to discriminate against a partner on the ground of his or her responsibilities as a carer—
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> > > (a) by denying the partner access, or limiting the partner’s access, to any benefit arising from membership of the firm, or
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> > > (b) by expelling the partner from the firm, or
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> > > (c) by subjecting the partner to any other detriment.
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> > (3) Nothing in subsection (1) (b) or (2) (b) renders unlawful discrimination by one person against another 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 the proposed partnership or the partnership and, if the other person is already a partner, the other person’s performance as a partner, and all other relevant factors that it is reasonable to take into account, the other person because of his or her responsibilities as a carer—
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> > > (a) would be unable to carry out the inherent requirements of a partner in the proposed partnership or the partnership, or
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> > > (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 other partners.
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> **ss 49W–49ZC:** Ins 1982 No 142, Sch 1 (4). Rep 1994 No 28, Sch 3 (2). Ins 2000 No 24, Sch 1 \[1\].