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ANTI-DISCRIMINATION ACT 1977 - SECT 49B
What constitutes discrimination on the ground of disability
49B What constitutes discrimination on the ground of disability
(1) A person (
"the perpetrator" ) discriminates against another person (
"the aggrieved person" ) on the ground of disability if the perpetrator-- (a)
on the ground of the aggrieved person's disability or the disability of a
relative or associate of the aggrieved person, 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 that disability or who does not have such a relative or
associate who has that disability, 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 that disability, or who do not have a
relative or associate who has that disability, comply or are able to comply,
being a requirement which 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 disability if it is done on the ground of the person's
disability, a characteristic that appertains generally to persons who have
that disability or a characteristic that is generally imputed to persons who
have that disability.
(3) For the purposes of, but without limiting, this
section, the fact that a person who has a disability of or relating to vision,
hearing or mobility has, or may be accompanied by, a dog which assists the
person in respect of that disability, is taken to be a characteristic that
appertains generally to persons who have that disability, but nothing in this
Act affects the liability of any such person for any injury, loss or damage
caused by the dog.
(3A) For the purposes of, but without limiting, this
section, the fact that a person who has a disability-- (a) is accompanied by,
or possesses, a palliative or therapeutic device, or other mechanical
equipment, that provides assistance to the person to alleviate the effect of
the disability, or
(b) is accompanied by an interpreter, a reader, an
assistant, or a carer, who provides interpretive, reading or other services to
the person because of the disability, or because of any matter related to that
fact,
is taken to be a characteristic that appertains generally to persons who
have that disability.
(4) A reference in this section to persons who have a disability ("the
particular disability") is a reference to persons who have
the particular disability or who have a disability that is substantially the
same as the particular disability.
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