Equal Opportunity Act 2010

Indirect discrimination occurs if a person imposes, or proposes to impose, a requirement, condition or practice—

that has, or is likely to have, the effect of disadvantaging persons with an attribute; and

that is not reasonable.

The person who imposes, or proposes to impose, the requirement, condition or practice has the burden of proving that the requirement, condition or practice is reasonable.

Whether a requirement, condition or practice is reasonable depends on all the relevant circumstances of the case, including the following—

the nature and extent of the disadvantage resulting from the imposition, or proposed imposition, of the requirement, condition or practice;

whether the disadvantage is proportionate to the result sought by the person who imposes, or proposes to impose, the requirement, condition or practice;

the cost of any alternative requirement, condition or practice;

the financial circumstances of the person imposing, or proposing to impose, the requirement, condition or practice;

whether reasonable adjustments or reasonable accommodation could be made to the requirement, condition or practice to reduce the disadvantage caused, including the availability of an alternative requirement, condition or practice that would achieve the result sought by the person imposing, or proposing to impose, the requirement, condition or practice but would result in less disadvantage.

In determining whether a person indirectly discriminates it is irrelevant whether or not that person is aware of the discrimination.