Australian Capital Territory Current Acts

DISCRIMINATION ACT 1991 - SECT 57

    (1)     Section 23A (Sporting activities) does not make it unlawful to discriminate on the ground of disability by excluding a person from participation in any formally organised competitive sporting activity if—

        (a)     the discrimination is reasonable, proportionate and justifiable in the circumstances and—

              (i)     the person is not reasonably capable of performing the actions reasonably required in relation to the sporting activity; or

              (ii)     the people participating in the sporting activity are selected in a reasonable way on the basis of their skills and abilities relevant to the sporting activity and relative to each other; or

        (b)     the activity is conducted for, or mainly for, people who have a particular kind of disability and the person does not have a disability of that kind.

    (2)     Subsection (1) does not apply in relation to the exclusion of people from participation in—

        (a)     the coaching of people engaged in any sporting activity; or

        (b)     the umpiring or refereeing of any sporting activity; or

        (c)     the administration of any sporting activity; or

        (d)     any other formally organised competitive sporting activity prescribed by regulation.