Other contraventions and unlawful conduct

Other contraventions

Other contraventions prohibited by the Anti-Discrimination Act include:

requesting or encouraging someone to contravene the Act
asking for unnecessary information for the purposes of discriminating
discriminatory advertising

Requesting or encouraging someone to contravene the Anti-Discrimination Act

A person must not request or encourage someone to do something which contravenes the Anti-Discrimination Act.

A person must not act on a request to contravene the Act. If they do, they will also be contravening the Act.

For example, a rental property owner instructs a property manager not to rent to people of a particular race. The property owner has contravened the Act and a complaint can be made against them. If the property manager proceeds not to rent the property to people because of their race, they will also have contravened the Act, and a complaint can be made against them.

Asking for unnecessary information

A person must not ask another person to provide information which could be used to discriminate against them, unless it is genuinely required for a legitimate (non-discriminatory) reason.

For example:

An employer must not ask applicants for a job whether they have any disabilities (impairments), unless a core component of the job requires that a person have certain physical abilities (like the ability to lift heavy items).
If a private employment agent is required under law to keep a register of people looking for work including their name, sex and gender, the agent can seek the information for the purpose of the register only, provided it is not used to discriminate against the person.

Generally, it is against the law for employers to ask job applicants about their pregnancy or childbearing intentions as part of the recruitment process. If asked this question in a job interview or as part of an application, the applicant does not have to respond unless there is a non-discriminatory reason for the information. It may be possible to make a complaint about being asked for unnecessary information.

Requests for information to comply with a court or tribunal order are exempt from this provision.

Discriminatory advertising

A person must not publish or display an advertisement that shows an intention to contravene the Anti-Discrimination Act.

This includes ads on websites, television, radio, newspapers, billboards, catalogues and leaflets.

For example: It is unlawful to advertise for a ‘young man’ for an apprentice mechanic position. This indicates an intention to discriminate against applicants on the basis of sex.

However, an employer may advertise a position for a restricted pool of applicants if a valid exemption applies.

For example: A company can publish an ad seeking female engineering students as part of an equal opportunity program to increase female participation in engineering.

If an employer believes an exemption applies, they should state this in the ad. For example,

Company X considers this advertisement to be an equal opportunity measure under section 105 of the Anti-Discrimination Act; or

Company X considers this advertisement to be a welfare measure under section 104 of the Anti-Discrimination Act; or

Company X considers being a female is a genuine occupational requirement for the position as envisaged under section 25 of the Anti-Discrimination Act.

Learn more about Exemptions.

More contraventions and unlawful conduct

What you can do

If you believe someone has contravened the Act, you can:

Other contraventions and unlawful conduct