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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 13:52)
Part 4B Division 1
Division 1 General
49S   Meaning of “responsibilities as a carer”
(1)  A reference in this Part to a person’s responsibilities as a carer is a reference to the person’s responsibilities to care for or support:
(a)  any child or step-child of the person (whether or not under the age of 18 years) who is:
(i)  wholly or substantially dependent on the person, or
(ii)  in need of care or support, or
(b)  any child or adult who is in need of care or support and:
(i)  of whom the person is guardian, or
(ii)  for whom the person has parental responsibility under a law of the Commonwealth or this State, or
(iii)  in relation to whom the person is an authorised carer within the meaning of the Children and Young Persons (Care and Protection) Act 1998, or
(c)  any immediate family member of the person who is in need of care or support, being one of the following:
(i)  a spouse or former spouse of the person or of a spouse or former spouse of the person,
(ii)  a grandchild or step-grandchild of the person or of a spouse or former spouse of the person,
(iii)  a parent or step-parent of the person or of a spouse or former spouse of the person,
(iv)  a grandparent or step-grandparent of the person or of a spouse or former spouse of the person,
(v)  a brother or sister, or step-brother or sister, of the person or of a spouse or former spouse of the person.
(2)  A reference in this Part to a person’s responsibilities is a reference to responsibilities:
(a)  that the person has, or
(b)  that the person is thought to have (whether or not the person in fact has the responsibilities), or
(c)  that the person had in the past, or is thought to have had in the past (whether or not the person in fact had the responsibilities), or
(d)  that the 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 responsibilities).
(3)  In this section:
spouse of a person means:
(a)  the husband or wife of a person, or
(b)  the de facto partner of a person.
Note.
 “De facto partner” is defined in section 21C of the Interpretation Act 1987.
step-child or step-grandchild of a person means:
(a)  a child or grandchild of the spouse or former spouse of the person, or
(b)  a step-child or step-grandchild of the spouse or former spouse of the person (being a child or grandchild of the spouse’s former spouse).
(4)  A reference in this section to a child, step-child, grandchild, step-grandchild, parent, step-parent, grandparent, step-grandparent, brother, sister, step-brother or step-sister of a person or of a spouse or former spouse of a person:
(a)  includes a reference to persons whose relationship arises because of adoption, guardianship or fostering or because of the allocation of parental responsibility under a law of the Commonwealth or this State, and
(b)  includes a reference to persons whose relationship arises because of the birth of a child whose parents are not married to each other and are not parties to a de facto relationship with each other, and
(c)  in relation a reference to a brother or sister, includes a reference to a half-brother or half-sister.
49T   What constitutes discrimination on the ground of a person’s responsibilities as a carer
(1)  A person (the perpetrator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person’s responsibilities as a carer if the perpetrator:
(a)  on the ground of the aggrieved person having responsibilities as a carer, 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 those responsibilities, 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 such responsibilities comply or are able to comply, being a requirement that 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 responsibilities as a carer if it is done on the ground of the person having responsibilities as a carer, a characteristic that appertains generally to persons who have responsibilities as a carer or a characteristic that is generally imputed to persons who have responsibilities as a carer.
49U   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 to or be suffered by any persons concerned, and
(b)  the effect of the relevant responsibilities as a carer of a person concerned, and
(c)  the financial circumstances of and the estimated amount of expenditure required to be made by the person claiming unjustifiable hardship.