What circumstances should be considered in deciding whether treatment is reasonable?
In determining whether a rule, requirement, condition, practice or other treatment is reasonable, all relevant circumstances would be considered. In a passage which has been adopted on a number of occasions by the High Court (and by the Federal Court), Bowen CJ and Gummow J (speaking of the equivalent provision in the Sex Discrimination Act) said in the Federal Court case Secretary, Department of Foreign Affairs and Trade v Styles (1989) 23 FCR 251 at 263 that the test of “reasonableness”… is less demanding than one of necessity, but more demanding than one of convenience … The criterion is an objective one, which requires the court to weigh the nature and extent of the discriminatory effect, on the one hand, against the reasons advanced in favour of the requirement or condition on the other. All the circumstances of the case must be taken into account. See now also Hurst v Education Queensland .
