Clause 18

It is discrimination for an employer to issue, communicate or publish any discriminatory direction, instruction or policy, in writing, unless any of the exceptions in sections 20 to 24 applies in relation to that employer.

In subsection (1), any direction, instruction or policy is discriminatory if it directs, instructs or influences any officer, member, partner, employee or agent of the employer to make, on behalf of the employer, any employment decision that adversely affects an individual, or such employment decisions generally, on the ground of any protected characteristic.

For the purposes of subsection (1), it is immaterial whether the employer in fact makes any employment decision on the ground of a protected characteristic.