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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 23 September 2017 at 19:19)
Part 4A Division 3
Division 3 Discrimination in other areas
49L   Education
(1)  It is unlawful for an educational authority to discriminate against a person on the ground of disability:
(a)  by refusing or failing to accept his or her application for admission as a student, or
(b)  in the terms on which it is prepared to admit him or her as a student.
(2)  It is unlawful for an educational authority to discriminate against a student on the ground of disability:
(a)  by denying him or her access, or limiting his or her access, to any benefit provided by the educational authority, or
(b)  by expelling him or her, or
(c)  by subjecting him or her to any other detriment.
(3)  Nothing in this section applies to or in respect of:
(a)  a private educational authority, or
(b)  a refusal or failure to accept a person’s application for admission as a student by an educational authority where the educational authority administers a school, college, university or other institution which is conducted solely for students who have a disability which is not the same as that of the applicant.
(4)  Nothing in subsection (1) (a) or (2) (b) renders it unlawful to discriminate against a person on the ground of disability where, because of the person’s disability, the person requires services or facilities that are not required by students who do not have a disability and the provision of which would impose unjustifiable hardship on the educational authority.
(5)  Nothing in subsection (2) (a) renders it unlawful to discriminate against a person on the ground of disability where, because of the person’s disability, the person requires the benefit to be provided in a special manner and the benefit cannot without unjustifiable hardship be so provided by the educational authority.
49LA   (Repealed)
49M   Provision of goods and services
(1)  It is unlawful for a person who provides, for payment or not, goods or services to discriminate against a person on the ground of disability:
(a)  by refusing to provide the person with those goods or services, or
(b)  in the terms on which he or she provides the person with those goods or services.
(2)  Nothing in this section renders it unlawful to discriminate against a person on the ground of the person’s disability if the provision of the goods or services would impose unjustifiable hardship on the person who provides the goods or services.
49N   Accommodation
(1)  It is unlawful for a person, whether as principal or agent, to discriminate against a person on the ground of disability:
(a)  by refusing the person’s application for accommodation, or
(b)  in the terms on which the person is offered accommodation, or
(c)  by deferring the person’s application for accommodation or according the person a lower order of precedence in any list of applicants for that accommodation.
(2)  It is unlawful for a person, whether as principal or agent, to discriminate against a person on the ground of disability:
(a)  by denying the person access, or limiting the person’s access, to any benefit associated with accommodation occupied by the person, or
(b)  by evicting the person, or
(c)  by subjecting the person to any other detriment.
(3)  Nothing in this section applies to or in respect of the provision of accommodation in premises if:
(a)  the person who provides or proposes to provide the accommodation or a near relative of that person resides, and intends to continue to reside, on those premises, and
(b)  the accommodation provided in those premises is for no more than 6 persons.
(4)  Nothing in this section applies to the provision of accommodation in premises where special services or facilities would be required by the person with a disability and the provision of such special services or facilities would impose unjustifiable hardship on the person providing or proposing to provide the accommodation whether as principal or agent.
(5)  Nothing in this section applies to the provision of accommodation to persons who have a particular disability by a charitable body or other body that does not distribute its profits to members.
(6)  Nothing in subsection (2) (a) renders it unlawful to discriminate against a person on the ground of disability where, because of the person’s disability, the person requires the benefit to be provided in a special manner and the benefit cannot without unjustifiable hardship be so provided by the person who provides the accommodation.
49O   Registered clubs
(1)  It is unlawful for a registered club to discriminate against a person who is not a member of the registered club on the ground of disability:
(a)  by refusing or failing to accept the person’s application for membership, or
(b)  in the terms on which it is prepared to admit the person to membership.
(2)  It is unlawful for a registered club to discriminate against a person who is a member of the registered club on the ground of disability:
(a)  by denying the person access, or limiting the person’s access, to any benefit provided by the registered club, or
(b)  by depriving the person of membership or varying the terms of the person’s membership, or
(c)  by subjecting the person to any other detriment.
(3)  Nothing in subsection (1) or (2) applies to or in respect of a registered club if the principal object of the registered club is to provide benefits only for persons who have a particular disability specified in the principal object.
(4)  In determining whether the principal object of a registered club is as referred to in subsection (3), regard is to be had to:
(a)  the essential character of the registered club, and
(b)  the extent to which the affairs of the registered club are so conducted that the persons primarily enjoying the benefits of membership are persons who have the particular disability specified in the principal object, and
(c)  any other relevant circumstance.
(5)  Nothing in subsection (2) (a) renders it unlawful to discriminate against a person on the ground of disability where, because of the person’s disability, the person requires the benefit to be provided in a special manner and the benefit cannot without unjustifiable hardship be so provided by the registered club.