108Exception—information required for purposes not involving prohibited discrimination

108 Exception—information required for purposes not involving prohibited discrimination (1) A person may request or require another person to supply information that could be used by the first person to form the basis of discrimination against the other person if the information is reasonably required for a purpose that does not involve prohibited discrimination. (2) A person who requests or requires another person to supply information referred to in subsection (1) has the burden of proving that the information is reasonably required for a purpose that does not involve prohibited discrimination. (3) A person who requests or requires another person to supply information referred to in subsection (1)— (a) must not directly or indirectly disclose or communicate the information to any person unless it is necessary to do so for the purpose that does not involve prohibited discrimination; and (b) must destroy or permanently de-identify the information when it is no longer required for the purpose that does not involve prohibited discrimination. (4) A person who requests or requires another person to supply information referred to in subsection (1) must not be required— (a) to produce in a court any document containing the information; or (b) to disclose or communicate to any court the information— unless it is necessary to do so for the purposes of subsection (2). (5) In subsection (4), ***produce*** includes permit access to. Division 4—Vicarious liability S. 109 amended by No. 26/2011 s. 34(Sch. item 5.3).