What is reasonable?
The Full Court in Catholic Education Office v Clarke helpfully summarised decisions in this area as including the following: (i) The person aggrieved bears the onus of establishing that the condition or requirement was not reasonable in the circumstances (ii) The test of reasonableness 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 condition or requirement, on the other. Since the test is objective, the subjective preferences of the aggrieved person are not determinative, but may be relevant in assessing whether the requirement or condition is unreasonable. (iii) The test of reasonableness is less demanding than one of necessity, but more demanding than a test of convenience. The question is not whether the decision to impose the requirement or condition was correct, but whether it has been shown not to be objectively reasonable having regard to the circumstances o
