What defences should be included in anti-discrimination legislation?
Question 122 The Anti-Discrimination Act 1991 (Qld) includes exemptions for discriminatory acts that are “reasonably necessary” to protect public health and to protect the health and safety of people at a place of work. Should this form of exemption be considered for New South Wales? Question 123 There is also some concern that s 54 is an inadequate basis for a defence that an employer’s actions are based on a reasonable concern for occupational health and safety. Should there be a specific occupational health and safety defence? See also the discussion of “Industrial Relations and Discrimination Legislation” in Chapter 2 of this Paper. Charities 4.52 Provisions of any deed or other instruments that confer charitable benefits on a class identified by reference to any of the grounds of discrimination and any acts done to give effect to such provisions are excepted from the operation of the Act. Although the exception is limited to the provisions of deeds and instruments, there has been
