Commonwealth Consolidated Acts

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DISABILITY DISCRIMINATION ACT 1992 - SECT 6

Indirect disability discrimination

             (1)  For the purposes of this Act, a person (the discriminator ) discriminates against another person (the aggrieved person ) on the ground of a disability of the aggrieved person if:

                     (a)  the discriminator requires, or proposes to require, the aggrieved person to comply with a requirement or condition; and

                     (b)  because of the disability, the aggrieved person does not or would not comply, or is not able or would not be able to comply, with the requirement or condition; and

                     (c)  the requirement or condition has, or is likely to have, the effect of disadvantaging persons with the disability.

             (2)  For the purposes of this Act, a person (the discriminator ) also discriminates against another person (the aggrieved person ) on the ground of a disability of the aggrieved person if:

                     (a)  the discriminator requires, or proposes to require, the aggrieved person to comply with a requirement or condition; and

                     (b)  because of the disability, the aggrieved person would comply, or would be able to comply, with the requirement or condition only if the discriminator made reasonable adjustments for the person, but the discriminator does not do so or proposes not to do so; and

                     (c)  the failure to make reasonable adjustments has, or is likely to have, the effect of disadvantaging persons with the disability.

             (3)  Subsection (1) or (2) does not apply if the requirement or condition is reasonable, having regard to the circumstances of the case.

             (4)  For the purposes of subsection (3), the burden of proving that the requirement or condition is reasonable, having regard to the circumstances of the case, lies on the person who requires, or proposes to require, the person with the disability to comply with the requirement or condition.



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