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DISABILITY DISCRIMINATION ACT 1992 - SECT 4

Interpretation

             (1)  In this Act, unless the contrary intention appears:

"accommodation" includes residential or business accommodation.

"administrative office" means:

                     (a)  an office established by, or an appointment made under, a law of the Commonwealth; and

                     (b)  an office established by, or an appointment made under, a law of a Territory; and

                     (c)  an appointment made by the Governor-General or a Minister otherwise than under a law of the Commonwealth or of a Territory; and

                     (d)  an appointment as a director of an incorporated company that is a public authority of the Commonwealth;

but does not include:

                     (e)  an office of member of the Assembly, member of the Executive, or Minister within the meaning of the Australian Capital Territory (Self-Government) Act 1988 ; or

                      (f)  an office of member of the Legislative Assembly, member of the Council or Minister of the Territory, within the meaning of the Northern Territory (Self-Government) Act 1978 ; or

                     (h)  an office or appointment in the Australian Public Service.

"assistance animal" has the meaning given by subsection 9(2).

"associate" , in relation to a person, includes:

                     (a)  a spouse of the person; and

                     (b)  another person who is living with the person on a genuine domestic basis; and

                     (c)  a relative of the person; and

                     (d)  a carer of the person; and

                     (e)  another person who is in a business, sporting or recreational relationship with the person.

"carer or assistant" has the meaning given by subsection 9(1).

"club" means an association (whether incorporated or unincorporated) of persons associated together for social, literary, cultural, political, sporting, athletic or other lawful purposes that provides and maintains its facilities, in whole or in part, from the funds of the association.

"Commission" means the Australian Human Rights Commission.

"commission agent" means a person who does work for another person as the agent of that other person and who is remunerated, whether in whole or in part, by commission.

"Commissioner" means the Disability Discrimination Commissioner appointed under section 113.

"committee of management" , in relation to a club or a registered organisation, means the group or body of persons (however described) that manages the affairs of that club or organisation, as the case may be.

"Commonwealth agency" means an agency within the meaning of the Privacy Act 1988 .

"Commonwealth employee" means a person who:

                     (a)  is appointed or engaged under the Public Service Act 1999 ;

                     (b)  holds an administrative office; or

                     (c)  is employed by a public authority of the Commonwealth; or

                     (d)  holds an office or appointment in the Commonwealth Teaching Service or is employed as a temporary employee under the Commonwealth Teaching Service Act 1972 ; or

                     (e)  is employed under the Australian Security Intelligence Organisation Act 1979 or the Commonwealth Electoral Act 1918 ; or

                      (f)  is a member of the Defence Force; or

                     (g)  is the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 ).

"Commonwealth law" means:

                     (a)  an Act, or a regulation, rule, by-law or determination made under an Act; or

                     (b)  an ordinance of a Territory, or a regulation, rule, by-law or determination made under an ordinance of a Territory; or

                     (c)  an order or award made under a law referred to in paragraph (a) or (b).

"Commonwealth program" means a program conducted by or on behalf of the Commonwealth Government.

"contract worker" means a person who does work for another person under a contract between the employer of the first-mentioned person and that other person.

"Convention" means the Discrimination (Employment and Occupation) Convention, 1958 adopted by the General Conference of the International Labour Organization on 25 June 1958, a copy of the English text of which is set out in Schedule 1 of the Australian Human Rights Commission Act 1986 .

"Covenant on Civil and Political Rights" means the International Covenant on Civil and Political Rights, a copy of the English text of which is set out in Schedule 2 of the Australian Human Rights Commission Act 1986 .

"Department" means an Agency within the meaning of the Public Service Act 1999 .

"Disabilities Convention" means the Convention on the Rights of Persons with Disabilities, done at New York on 30 March 2007, as in force for Australia.

Note:          The text of the Convention is set out in Australian Treaty Series 2008 No. 12 ([2008] ATS 12). In 2008, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

"disability" , in relation to a person, means:

                     (a)  total or partial loss of the person's bodily or mental functions; or

                     (b)  total or partial loss of a part of the body; or

                     (c)  the presence in the body of organisms causing disease or illness; or

                     (d)  the presence in the body of organisms capable of causing disease or illness; or

                     (e)  the malfunction, malformation or disfigurement of a part of the person's body; or

                      (f)  a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or

                     (g)  a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour;

and includes a disability that:

                     (h)  presently exists; or

                      (i)  previously existed but no longer exists; or

                      (j)  may exist in the future (including because of a genetic predisposition to that disability); or

                     (k)  is imputed to a person.

To avoid doubt, a disability that is otherwise covered by this definition includes behaviour that is a symptom or manifestation of the disability.

"disability aid" has the meaning given by subsection 9(3).

"disability standards" has the meaning given by subsection 31(1).

"discriminate" has the meaning given by sections 5 and 6.

Note:          Section 7 (associates) and section 8 (carers, assistants, assistance animals and disability aids) extend the concept of discrimination.

"educational authority" means a body or person administering an educational institution.

"educational institution" means a school, college, university or other institution at which education or training is provided.

"education provider" means:

                     (a)  an educational authority; or

                     (b)  an educational institution; or

                     (c)  an organisation whose purpose is to develop or accredit curricula or training courses used by other education providers referred to in paragraph (a) or (b).

"employment" includes:

                     (a)  part-time and temporary employment; and

                     (b)  work under a contract for services; and

                     (c)  work as a Commonwealth employee; and

                     (d)  work as an employee of a State or an instrumentality of a State.

"employment agency" means any person who, or body that, whether for payment or not, assists persons to find employment or other work or assists employers to find employees or workers, and includes the Commonwealth Employment Service.

"enactment" has the same meaning as in the Australian Human Rights Commission Act 1986 .

"exemption" means an exemption granted under section 55.

"Federal Court" means the Federal Court of Australia.

"function" includes duty.

"instrumentality of a State" means a body or authority established for a public purpose by a law of a State and includes a local government body.

"premises" includes:

                     (a)  a structure, building, aircraft, vehicle or vessel; and

                     (b)  a place (whether enclosed or built on or not); and

                     (c)  a part of premises (including premises of a kind referred to in paragraph (a) or (b)).

"President" means President of the Commission.

"principal" means:

                     (a)  in relation to a commission agent--a person for whom the commission agent does work as a commission agent; and

                     (b)  in relation to a contract worker--a person for whom the contract worker does work under a contract between the employer of the contract worker and the person.

"principal executive" , in relation to a Commonwealth agency, has the same meaning as in Part V of the Privacy Act 1988 .

"proposed enactment" has the same meaning as in the Australian Human Rights Commission Act 1986 .

"public authority of the Commonwealth" means:

                     (a)  a body incorporated, whether before or after the commencement of this Act, for a public purpose by a law of the Commonwealth or a law of a Territory, being a body corporate employing staff on its own behalf; or

                     (b)  an authority or body, not being a body corporate, established, whether before or after the commencement of this Act, for a public purpose by, or in accordance with the provisions of, a law of the Commonwealth or a law of a Territory, being an authority or body employing staff on its own behalf; or

                     (c)  an incorporated company over which the Commonwealth, or a body or authority referred to in paragraph (a) or (b), is in a position to exercise control.

"reasonable adjustment" : an adjustment to be made by a person is a reasonable adjustment unless making the adjustment would impose an unjustifiable hardship on the person.

"registered charity" means an entity that is registered under the Australian Charities and Not-for-profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25-5(5) of that Act.

"registered organisation" means an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009 .

"relative" , in relation to a person, means a person who is related to the first-mentioned person by blood, marriage, affinity or adoption.

"services" includes:

                     (a)  services relating to banking, insurance, superannuation and the provision of grants, loans, credit or finance; or

                     (b)  services relating to entertainment, recreation or refreshment; or

                     (c)  services relating to transport or travel; or

                     (d)  services relating to telecommunications; or

                     (e)  services of the kind provided by the members of any profession or trade; or

                      (f)  services of the kind provided by a government, a government authority or a local government body.

"State" , except in subsections 12(11) and (12), includes the Australian Capital Territory and the Northern Territory.

"Territory" , except in subsection 12(12) or in paragraph (c) of the definition of administrative office in this subsection, does not include the Australian Capital Territory and the Northern Territory.

"unjustifiable hardship" has a meaning affected by section 11.

"voluntary body" means an association or other body (whether incorporated or unincorporated) the activities of which are not engaged in for the purpose of making a profit, but does not include:

                     (a)  a club; or

                     (b)  a body established by a law of the Commonwealth, a State or a Territory; or

                     (c)  an association that provides grants, loans, credit or finance to its members.

             (2)  For the purposes of this Act, refusing or failing to do an act is taken to be the doing of an act and a reference to an act includes a reference to a refusal or failure to do an act.



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