Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) It is unlawful for an employment agency to discriminate against a person on the ground of the person's age:
(a) by refusing to provide the person with any of its services; or
(b) in the terms or conditions on which it offers to provide the person with any of its services; or
(c) in the manner in which it provides the person with any of its services.
Exemption for inherent requirements
(2) This section does not make it unlawful for an employment agency to discriminate against a person, on the ground of the person's age, if the person is unable to carry out the inherent requirements of the work sought because of his or her age.
(3) In deciding whether the person is unable to carry out those requirements because of his or her age, take into account:
(a) the person's past training, qualifications and experience relevant to the work sought; and
(b) all other relevant factors that it is reasonable to take into account.
(4) In this section:
"employment agency" means any person who, or body that, whether for payment or not, assists persons to find employment or other work or assists employers to find employees or workers.