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Contents (1977 - 48)
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Anti-Discrimination Act 1977 No 48
Current version for 8 December 2016 to date (accessed 20 September 2017 at 10:05)
Part 4A Division 1
Division 1 General
49A   Disability includes past, future and presumed disability
A reference in this Part to a person’s disability is a reference to a disability:
(a)  that a person has, or
(b)  that a person is thought to have (whether or not the person in fact has the disability), or
(c)  that a person had in the past, or is thought to have had in the past (whether or not the person in fact had the disability), or
(d)  that a person will have in the future, or that it is thought a person will have in the future (whether or not the person in fact will have the disability).
49B   What constitutes discrimination on the ground of disability
(1)  A person (the perpetrator) discriminates against another person (the aggrieved person) on the ground of disability if the perpetrator:
(a)  on the ground of the aggrieved person’s disability or the disability of a relative or associate of the aggrieved person, treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the perpetrator treats or would treat a person who does not have that disability or who does not have such a relative or associate who has that disability, or
(b)  requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons who do not have that disability, or who do not have a relative or associate who has that disability, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.
(2)  For the purposes of subsection (1) (a), something is done on the ground of a person’s disability if it is done on the ground of the person’s disability, a characteristic that appertains generally to persons who have that disability or a characteristic that is generally imputed to persons who have that disability.
(3)  For the purposes of, but without limiting, this section, the fact that a person who has a disability of or relating to vision, hearing or mobility has, or may be accompanied by, a dog which assists the person in respect of that disability, is taken to be a characteristic that appertains generally to persons who have that disability, but nothing in this Act affects the liability of any such person for any injury, loss or damage caused by the dog.
(3A)  For the purposes of, but without limiting, this section, the fact that a person who has a disability:
(a)  is accompanied by, or possesses, a palliative or therapeutic device, or other mechanical equipment, that provides assistance to the person to alleviate the effect of the disability, or
(b)  is accompanied by an interpreter, a reader, an assistant, or a carer, who provides interpretive, reading or other services to the person because of the disability, or because of any matter related to that fact,
is taken to be a characteristic that appertains generally to persons who have that disability.
(4)  A reference in this section to persons who have a disability (“the particular disability”) is a reference to persons who have the particular disability or who have a disability that is substantially the same as the particular disability.
49C   What constitutes unjustifiable hardship
In determining what constitutes unjustifiable hardship for the purposes of this Part, all relevant circumstances of the particular case are to be taken into account including:
(a)  the nature of the benefit or detriment likely to accrue or be suffered by any persons concerned, and
(b)  the effect of the disability of a person concerned, and
(c)  the financial circumstances and the estimated amount of expenditure required to be made by the person claiming unjustifiable hardship.