sec.295Discrimination

### sec.295 Discrimination An employer must not take adverse action against a person who is an employee, or prospective employee, of the employer because of the person’s sex, relationship status, pregnancy, parental status, breastfeeding, age, race, impairment, religious belief or religious activity, political belief or activity, trade union activity, sex work activity, gender identity, sexuality, family responsibilities or association with, or in relation to, a person identified on the basis of any of these attributes. This subsection is a civil penalty provision. However, subsection (1) does not apply to action that is— not unlawful under an anti-discrimination law; or taken because of the inherent requirements of the particular position concerned; or if the action is taken against a staff member of an institution conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, taken— in good faith; and to avoid injury to the religious susceptibilities of adherents of that religion or creed. Each of the following is an anti-discrimination law — the Age Discrimination Act 2004 (Cwlth) ; the Disability Discrimination Act 1992 (Cwlth) ; the Racial Discrimination Act 1975 (Cwlth) ; the Sex Discrimination Act 1984 (Cwlth) ; the Anti-Discrimination Act 1991 . s 295 amd 2024 No. 23 s 36 sch 1 (sec.295-ssec.1) An employer must not take adverse action against a person who is an employee, or prospective employee, of the employer because of the person’s sex, relationship status, pregnancy, parental status, breastfeeding, age, race, impairment, religious belief or religious activity, political belief or activity, trade union activity, sex work activity, gender identity, sexuality, family responsibilities or association with, or in relation to, a person identified on the basis of any of these attributes. This subsection is a civil penalty provision. (sec.295-ssec.2) However, subsection (1) does not apply to action that is— not unlawful under an anti-discrimination law; or taken because of the inherent requirements of the particular position concerned; or if the action is taken against a staff member of an institution conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, taken— in good faith; and to avoid injury to the religious susceptibilities of adherents of that religion or creed. (sec.295-ssec.3) Each of the following is an anti-discrimination law — the Age Discrimination Act 2004 (Cwlth) ; the Disability Discrimination Act 1992 (Cwlth) ; the Racial Discrimination Act 1975 (Cwlth) ; the Sex Discrimination Act 1984 (Cwlth) ; the Anti-Discrimination Act 1991 . - (a) not unlawful under an anti-discrimination law; or - (b) taken because of the inherent requirements of the particular position concerned; or - (c) if the action is taken against a staff member of an institution conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, taken— (i) in good faith; and (ii) to avoid injury to the religious susceptibilities of adherents of that religion or creed. - (i) in good faith; and - (ii) to avoid injury to the religious susceptibilities of adherents of that religion or creed. - (i) in good faith; and - (ii) to avoid injury to the religious susceptibilities of adherents of that religion or creed. - (a) the Age Discrimination Act 2004 (Cwlth) ; - (b) the Disability Discrimination Act 1992 (Cwlth) ; - (c) the Racial Discrimination Act 1975 (Cwlth) ; - (d) the Sex Discrimination Act 1984 (Cwlth) ; - (e) the Anti-Discrimination Act 1991 .