33BGenuine occupational qualifications

33B Genuine occupational qualifications (1) Part 3 does not make it unlawful to discriminate against a person in relation to a position as an employee, commission agent, contract worker or business partner if— (a) it is a genuine occupational qualification of the position that the position be filled by a person having a particular protected attribute; and Examples—genuine occupational qualifications • employing a female carer to provide personal care services for a woman on the basis of privacy or modesty • selecting a person of a particular race for a role in a theatrical performance on the basis of authenticity, aesthetics or tradition • preferencing people with lived experience of family and domestic violence for peer support positions in a women’s crisis centre (2) Subsection (1) does not apply to discrimination on the ground of religious conviction.

Exceptions about sex, relationship status, pregnancy or breastfeeding Division 4.2