The expressions 'inherent requirements' in Commonwealth anti-discrimination legislation and 'genuine occupational requirements' in s 25 of the Anti-Discrimination Act 1991 (Qld) are sufficiently similar that the tests formulated by the High Court in Christie and X v The Commonwealth apply to s 25. In determining genuine occupational requirements, regard must be had not only to the physical tasks and functions of the position but also to the organisational context including rostering systems central to the employer's undertaking. The mere existence of a reasonable adjustment policy of general application does not establish that a particular requirement is not a genuine occupational requirement. Ad hoc exceptions to a requirement, made to administer a system humanely, do not deprive the requirement of its genuineness.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
1 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.