Commonwealth Consolidated Acts

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DISABILITY DISCRIMINATION ACT 1992 - SECT 25

Accommodation

             (1)  It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person's disability:

                     (a)  by refusing the other person's application for accommodation; or

                     (b)  in the terms or conditions on which the accommodation is offered to the other person; or

                     (c)  by deferring the other person's application for accommodation or according to the other 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 another person on the ground of the other person's disability:

                     (a)  by denying the other person access, or limiting the other person's access, to any benefit associated with accommodation occupied by the other person; or

                     (b)  by evicting the other person from accommodation occupied by the other person; or

                     (c)  by subjecting the other person to any other detriment in relation to accommodation occupied by the other person; or

                     (d)  by refusing to permit the other person to make reasonable alterations to accommodation occupied by that person if:

                              (i)  that person has undertaken to restore the accommodation to its condition before alteration on leaving the accommodation; and

                             (ii)  in all the circumstances it is likely that the person will perform the undertaking; and

                            (iii)  in all the circumstances, the action required to restore the accommodation to its condition before alteration is reasonably practicable; and

                            (iv)  the alteration does not involve alteration of the premises of any other occupier; and

                             (v)  the alteration is at that other person's own expense.

             (3)  This section does not apply to or in respect of:

                     (a)  the provision of accommodation in premises if:

                              (i)  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

                             (ii)  the accommodation provided in those premises is for no more than 3 persons other than a person referred to in subparagraph (a)(i) or near relatives of such a person; or

                     (b)  the provision of accommodation if:

                              (i)  the accommodation is provided by a registered charity, or by a voluntary body that is not a charity; and

                            (ia)  the accommodation is provided solely for persons who have a particular disability; and

                             (ii)  the person discriminated against does not have that particular disability.



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