Equal Opportunity Act 2010

An employer may limit the offering of employment to people of one sex if it is a genuine occupational requirement of the employment that the employees be people of that sex.

Without limiting the generality of subsection (1), it is a genuine occupational requirement to be a person of a particular sex in relation to employment if—

the employment can be performed only by a person having particular physical characteristics (other than strength or stamina) that are possessed only by people of that sex; or

the employment needs to be performed by a person of that sex to preserve decency or privacy because it involves the fitting of clothing for people of that sex; or

the employment includes the conduct of searches of the clothing or bodies of people of that sex; or

the employee will be required to enter a lavatory ordinarily used by people of that sex while it is in use by people of that sex; or

the employee will be required to enter areas ordinarily used only by people of that sex while those people are in a state of undress.

An employer may limit the offering of employment in relation to a dramatic or an artistic performance, entertainment, photographic or modelling work or any other employment—

to people of a particular age, sex or race;

to people with or without a particular disability—

An employer may discriminate on the basis of physical features in the offering of employment in relation to a dramatic or an artistic performance, photographic or modelling work or any similar employment.

An employer may discriminate on the basis of a person's profession, trade or occupation in relation to the offering of employment if experience in a particular profession, trade or occupation is relevant to the employment or offer and is a genuine occupational requirement for the position or role on offer and it is reasonable to discriminate on that basis in the circumstances.