49YPartnerships

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—

(a) in the arrangements made for the purpose of determining who should be offered a position as partner in the firm, or

(b) in determining who should be offered a position as partner in the firm, or

(c) in the terms on which the person is offered a position as partner in the firm.

(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—

(a) by denying the partner access, or limiting the partner’s access, to any benefit arising from membership of the firm, or

(b) by expelling the partner from the firm, or

(c) by subjecting the partner to any other detriment.

(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—

(a) would be unable to carry out the inherent requirements of a partner in the proposed partnership or the partnership, 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 other partners.

ss 49W–49ZC: Ins 1982 No 142, Sch 1 (4). Rep 1994 No 28, Sch 3 (2). Ins 2000 No 24, Sch 1 [1].