Terms

Perth Jobs Terms and Conditions
Online Advertising
Subject to these Terms, Perth Jobs will use its reasonable endeavours to publish advertising submitted by Customers ('Advertising') in the format submitted by the Customer and in accordance with the placement instructions of the Customer.

Refuse or Withdraw Advertising
A binding contract in relation to a request for Advertising will only be formed between Perth Jobs and a Customer upon acceptance of Advertising in writing or generates a GST-compliant invoice for that Advertising.
Even if a contract has been formed in accordance with the above clause, Perth Jobs reserves the right to refuse or withdraw from publication any Advertising at any time without giving reasons.

Vary Format and Placement
Perth Jobs reserves the right to change the format of online Advertising including changing a format from colour to black and white.
Perth Jobs reserves the right to vary the placement of Advertising within Perth Jobs Internet site,
Perth Jobs will notify the Customer of any such changes via its website and will not be liable for any costs, expenses, losses or damages suffered or incurred by a Customer arising from failure to publish Advertising in accordance with a Customer's request.

Submission of Online Advertising
By submitting Advertising for publication, the Customer warrants to Perth Jobs that the Advertising does not breach or infringe:
WA State and Commonwealth anti-discrimination legislation;
the Trade Practices Act, Fair Trading Acts and equivalent legislation;
any law of defamation or obscenity; any copyright, trade mark or obligation of confidentiality;
any law of contempt of any court, tribunal or royal commission; and the Privacy Act and
any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory).
The Customer must not submit Advertising for online publication that contains contact details for the Customer if those contact details do not include the full name and street address of the Customer. Post office box and email addresses alone are insufficient.

The following job advertisements are prohibited:
Pyramid, multilevel marketing or other commission jobs, which do not involve the sale of a legitimate product.
Jobs that do not provide full details of the product or services involved,
Jobs which require promotion of gambling or gambling Internet sites,
Jobs involving activities, products or services which may be considered offensive or illegal.

All Job listings will be of the same graphical information. This information will be input using the online & fax submission forms and will not exceed the form parameters in relation to text numbers and layout.
Perth Jobs is not liable for any loss, damages or liabilities arising from a failure of the World Wide Web or any telecommunications structure.

Errors
The Customer must:
Check all online Advertising details to ensure no errors of spelling, contact details & job vacancy details are provided to Perth Jobs.
Notify Perth Jobs of any errors in the online submission forms or any published Advertising.
Perth Jobs does not accept responsibility for any errors in Online Advertising placed using either the online submission forms or the fax submission service.
Perth Jobs will reasonably investigate complaints during normal office hours (9am to 5pm, Monday to Friday excluding public holidays)

Rates and Taxes
The Customer must pay for online Advertising in accordance with the rates stated on the job vacancy submission form.
Advertising Rates may be varied at any time by Perth Jobs without notice.
Rates are inclusive of taxes, duties or GST ('Taxes'), unless specified that GST or other Taxes are excluded.
Perth Jobs will provide Customers with a tax invoice or adjustment note (as applicable) in a compliant form for GST purposes.

Payments
The Customer must pay for Advertising by pre-payment required by Perth Jobs, unless otherwise stated within a prior account agreement.
The Customer must pre-pay the full price for Advertising.
The Customer must pay for Advertising even if any error or omission in the Advertising (unless the error or omission was the fault of Perth Jobs).
If the customer fails to Pay or any other Breach as set-out in these Terms & Conditions
Perth Jobs will require cash pre-payment for further Advertising;
Perth Jobs will charge interest on all overdue account amounts at the rate 2% above the National Australia Bank Overdraft Base Rate;
Perth Jobs will take proceedings against the Customer for any outstanding amounts;
Perth Jobs will recover from the Customer all costs relating to any action taken by Perth Jobs to recover amounts owing for Advertising, including without limitation any mercantile agency costs and legal costs on a full indemnity basis;
Perth Jobs will cease publication of any further Advertising on behalf of the Customer and terminate any agreement in relation to Advertising not yet published.

Credit
Perth Jobs may grant, deny or withdraw credit to a Customer at any time in its discretion.
The Customer acknowledges that it will be liable for all Advertising requested with the quotation of the Customer's account number.
The Customer must ensure that its Customer account number is available only to those of its employees authorised to use it.

Liability
The Customer indemnifies Perth Jobs and its officers, employees, contractors and agents against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Customer's breach of these Terms and any negligent or unlawful act or omission of the Customer in connection with the Advertising. The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of Perth Jobs in connection with the Advertising.
Perth Jobs limits its liability for any other error or omission in published Advertising caused by Perth Jobs.
Perth Jobs (at its discretion) re-supply of the Advertising services affected by the breach, or payment of the cost of re-supply.
Perth Jobs excludes all other liability to the Customer for any costs, expenses, losses and damages suffered or incurred by the Customer in connection with these Terms and any online Advertising published by Perth Jobs, whether that liability arises in contract, without limitation, Perth Jobs will in no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.

General
Perth Jobs will not be liable for any delay or failure to publish online Advertising caused by a factor outside Perth Jobs reasonable control (including but not limited to any Act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).

Western Australian State Laws

EQUAL OPPORTUNITY ACT 1984 - SECT 11
Discrimination against applicants and employees
11 . Discrimination against applicants and employees

(1) It is unlawful for an employer to discriminate against a person on the ground of the person’s sex, marital status or pregnancy —

(a) in the arrangements made for the purpose of determining who should be offered employment;
(b) in determining who should be offered employment; or
(c) in the terms or conditions on which employment is offered.
(2) It is unlawful for an employer to discriminate against an employee on the ground of the employee’s sex, marital status or pregnancy —

(a) in the terms or conditions of employment that the employer affords the employee;
(b) by denying the employee access, or limiting the employee’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment;
(c) by dismissing the employee; or
(d) by subjecting the employee to any other detriment.
(3) Nothing in subsection (1)(a) and (b) renders it unlawful for a person to discriminate against another person, on the ground of the other person’s sex, in connection with employment to perform domestic duties on the premises on which the first-mentioned person resides.

EQUAL OPPORTUNITY ACT 1984 - SECT 27
Exception — genuine occupational qualification
27 . Exception — genuine occupational qualification

(1) Nothing in section 11(1)(a) or (b), 12(1)(a) or (b) or 13(b) renders it unlawful for a person to discriminate against another person, on the ground of the other person’s sex, in connection with a position as an employee, contract worker or commission agent, being a position in relation to which it is a genuine occupational qualification to be a person of the opposite sex to the sex of the other person.

(2) Without limiting the generality of subsection (1), it is a genuine occupational qualification, in relation to a particular position, to be a person of a particular sex (in this subsection referred to as the “relevant sex” ) if —

EQUAL OPPORTUNITY ACT 1984 - SECT 35AC
Discrimination against applicants and employees
35AC . Discrimination against applicants and employees

(1) It is unlawful for an employer to discriminate against a gender reassigned person on gender history grounds

(a) in the arrangements made for the purpose of determining who should be offered employment;
(b) in determining who should be offered employment; or
(c) in the terms or conditions on which employment is offered.
(2) It is unlawful for an employer to discriminate on gender history grounds against an employee who is a gender reassigned person —

(a) in the terms or conditions of employment that the employer affords the employee;
(b) by denying the employee access, or limiting the employee's access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment;
(c) by dismissing the employee; or
(d) by subjecting the employee to any other detriment.
(3) Nothing in subsection (1) or (2) renders it unlawful for a person to discriminate against a gender reassigned person on gender history grounds in connection with employment to perform domestic duties within a private household in which the employer resides.

[Section 35AC inserted by No. 2 of 2000 s.28.]

EQUAL OPPORTUNITY ACT 1984 - SECT 35B
Discrimination against applicants and employees
35B . Discrimination against applicants and employees

(1) It is unlawful for an employer to discriminate against a person on the ground of the person’s family responsibility or family status —

(a) in the terms or conditions of employment that the employer affords the employee;
(b) by denying the employee access, or limiting the access of the employee, to opportunities for promotion, transfer or training or to any other benefits associated with employment;
(c) by dismissing the employee; or
(d) by subjecting the employee to any other detriment.
(3) Nothing in subsection (1) renders it unlawful for a person to discriminate against another person, on the ground of the other person’s family responsibility or family status, in connection with employment to perform domestic duties within a private household in which the employer resides.

(4) Nothing in this section renders it unlawful for a person to do an act a purpose of which is to afford persons with a particular family responsibility or family status rights, benefits or privileges in connection with that family responsibility or family status.

[Section 35B inserted by No. 74 of 1992 s.11.]

EQUAL OPPORTUNITY ACT 1984 - SECT 35J
Application forms, etc.
35J . Application forms, etc.

If, by virtue of a provision of Division 2 or this Division, it would be unlawful, in particular circumstances, for a person to discriminate against another person, on the ground of the other person’s family responsibility or family status, in doing a particular act, it is unlawful for the first-mentioned person to request or require the other person to provide, in connection with or for the purposes of the doing of the act, information (whether by way of completing a form or otherwise) that persons with a different family responsibility or family status would not, in circumstances that are the same or not materially different, be requested or required to provide.

[Section 35J inserted by No. 74 of 1992 s.11.]

Division 4 — Exceptions to Part IIA

[Heading inserted by No. 74 of 1992 s.11.]

EQUAL OPPORTUNITY ACT 1984 - SECT 35ZC
Application forms, etc.
35ZC . Application forms, etc.

Where, by virtue of a provision of Division 2 or this Division, it would be unlawful, in particular circumstances, for a person to discriminate against another person, on the ground of the other person’s sexual orientation, in doing a particular act, it is unlawful for the first-mentioned person to request or require the other person to provide, in connection with or for the purposes of the doing of the act, information (whether by way of completing a form or otherwise) that persons who are not of the other person’s sexual orientation would not, in circumstances that are the same or not materially different, be requested or required to provide.

[Section 35ZC inserted by No. 3 of 2002 s.52.]

Division 4 — Exceptions to Part IIB

[Heading inserted by No. 3 of 2002 s.52.]

EQUAL OPPORTUNITY ACT 1984 - SECT 37
Discrimination against applicants and employees
37 . Discrimination against applicants and employees

(1) It is unlawful for an employer to discriminate against a person on the ground of the race of that person —

(a) in the terms or conditions of employment that the employer affords the employee;
(b) by denying the employee access, or limiting the employee’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment;
(c) by dismissing the employee; or
(d) by subjecting the employee to any other detriment.
(3) Nothing in subsection (1) renders it unlawful for an employer to discriminate against a person, on the ground of the race of the person, in connection with employment to perform domestic duties within a private household in which the employer resides.

[Section 37 amended by No. 74 of 1992 s.13.]

EQUAL OPPORTUNITY ACT 1984 - SECT 54
Discrimination against applicants and employees
54 . Discrimination against applicants and employees

(1) It is unlawful for an employer to discriminate against a person on the ground of the person’s religious or political conviction —

(a) in the terms or conditions of employment that the employer affords the employee;
(b) by denying the employee access, or limiting the employee’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment;
(c) by dismissing the employee; or
(d) by subjecting the employee to any other detriment.
(3) It is unlawful for an employer to discriminate against an employee on the ground of the employee’s religious conviction by refusing the employee permission to carry out a religious practice during working hours being a practice —

(a) of a kind recognised as necessary or desirable by persons of the same religious conviction as that of the employee;
(b) the performance of which during working hours is reasonable having regard to the circumstances of the employment; and
(c) that does not subject the employer to any detriment.
(4) Subsections (1), (2) and (3) do not apply to employment —

(a) to perform domestic duties on the premises on which the employer resides; or
(b) where the number of persons employed by the employer, disregarding any persons employed to perform domestic duties, does not exceed 5.

EQUAL OPPORTUNITY ACT 1984 - SECT 66B
Discrimination against applicants and employees
66B . Discrimination against applicants and employees

(1) It is unlawful for an employer to discriminate against a person on the ground of the person’s impairment —

(a) in the terms or conditions of employment that the employer affords the employee;
(b) by denying the employee access, or limiting the employee’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment;
(c) by dismissing the employee; or
(d) by subjecting the employee to any other detriment.
(3) Nothing in subsection (1) renders it unlawful for a person to discriminate against another person, on the ground of the other person’s impairment, in connection with employment to perform domestic duties on the premises on which the first-mentioned person resides.

[Section 66B inserted by No. 40 of 1988 s.8.]

EQUAL OPPORTUNITY ACT 1984 - SECT 66W
Discrimination against applicants and employees
66W . Discrimination against applicants and employees

(1) It is unlawful for an employer to discriminate against a person on the ground of the person’s age —

(a) in the terms or conditions of employment that the employer affords the employee;
(b) by denying the employee access, or limiting the employee’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment;
(c) by dismissing the employee; or
(d) by subjecting the employee to any other detriment.
(3) Nothing in subsection (1) renders it unlawful for a person to discriminate against another person, on the ground of the other person’s age, in connection with employment to perform domestic duties within a private household in which the employer resides.

[Section 66W inserted by No. 74 of 1992 s.19.]

EQUAL OPPORTUNITY ACT 1984 - SECT 66ZK
Application forms, etc.
66ZK . Application forms, etc.

If, by virtue of a provision of Division 2 or this Division, it would be unlawful, in particular circumstances, for a person to discriminate against another person, on the ground of the other person’s age, in doing a particular act, it is unlawful for the first-mentioned person to request or require the other person to provide, in connection with or for the purposes of the doing of the act, information (whether by way of completing a form or otherwise) that persons who are not of that age would not, in circumstances that are the same or not materially different, be requested or required to provide.

[Section 66ZK inserted by No. 74 of 1992 s.19.]

EQUAL OPPORTUNITY ACT 1984 - SECT 68
Advertisements
68 . Advertisements

(1) It is unlawful for a person to publish or display, or cause or permit to be published or displayed, an advertisement or notice that indicates, or could reasonably be understood as indicating, an intention to do an act that is unlawful by reason of a provision of this Act.

(2) For the purposes of subsection (1), “advertisement” includes every form of advertisement or notice, whether to the public or not, and whether in a newspaper or other publication, by television or radio, by display of notices, signs, labels, showcards or goods, by distribution of samples, circulars, catalogues, price lists or other material, by exhibition of pictures, models or films, or in any other way, and the reference to publish or display, in relation to an advertisement, shall be construed accordingly.

Part VI — General exceptions to this Act