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Wednesday, 8 December 1993
Page: 4201


Senator PARER (7.25 p.m.) —One of the problems we have is with complex legislation and amendments that come in late. I wonder to what degree the government has done its homework. Proposed section 170DF(2) states:

Subsection (1) does not prevent a matter referred to in paragraph (1)(e) from being a reason for terminating employment if the reason is based on the inherent requirements of the particular position.

This means it would be possible to dismiss an employee on the grounds of physical or mental disability if that disability prevented the employee carrying out his or her functions. The existence of that clause is at odds with the amendment proposed by the Australian Democrats.