Unnecessary information
26 Unnecessary information
(1) A person shall not ask another person, whether orally or in writing, to supply information on which unlawful discrimination might be based.
(2) Subsection (1) does not apply to a request that is necessary to comply with, or is specifically authorised by:
a law of the Territory or the Commonwealth; or
an order of a court or tribunal; or
(c) a provision of an order or award of a court or tribunal having power to fix minimum wages and other terms of employment; or
a provision of an industrial agreement; or
an order of the Commissioner.
(3) Subsection (1) does not apply if the person proves, on the balance of probabilities, that the information was reasonably required for a purpose that did not involve discrimination.
This Act’s bill:Second reading speech
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