Section 35 — Sex Discrimination Act 1984: Residential care of children

(1) Nothing in paragraph 14(1)(a) or (b) or 16(b) renders it unlawful for a person to discriminate against another person on the ground of the other person’s sex in connection with a position as an employee or contract worker, where the duties of the position involve the care of a child or children in the place where the child or children resides or reside. (2) Nothing in paragraph 14(1)(a) or (b), 14(2)(c) or 16(b) renders it unlawful for a person to discriminate against another person on the ground of the other person’s marital or relationship status in connection with a position as an employee or contract worker of a particular employer or principal, where: (a) the duties of the position involve the care of a child or children in the place where the child or children resides or reside; and (b) it is intended that the spouse or de facto partner of the occupant of the position would also occupy a position as an employee or contract worker of that employer or principal.