Health and safety considerations
66ZM Health and safety considerations
Nothing in Division 2 or 3 renders unlawful discrimination by an employer, principal or person against another person on the ground of the other person’s age in the terms and conditions on which —
employment is offered or afforded; or
engagement is offered or afforded; or
contract work is allowed; or
access to or the use of places or vehicles is allowed; or
goods, services or facilities are provided or made available,
as the case requires, if those terms and conditions are imposed in order to comply with health and safety considerations which are reasonable in the circumstances.
In determining for the purposes of subsection (1) what health and safety considerations are reasonable in all the circumstances, regard shall be had to all relevant circumstances of the particular case, including the effect of the discrimination in question on the person against whom that discrimination takes place.
[Section 66ZM inserted: No. 74 of 1992 s. 19; amended: No. 42 of 1997 s. 5.]
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