Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Meaning of discrimination

    (1)     Discrimination means—

        (a)     direct or indirect discrimination on the basis of an attribute; or

        (b)     a contravention of section 17, 19, 20, 22, 32, 33, 40, 45, 54, 55 or 56.

    (2)     Discrimination on the basis of an attribute includes discrimination on the basis—

        (a)     that a person has that attribute or had it at any time, whether or not he or she had it at the time of the discrimination;

        (b)     of a characteristic that a person with that attribute generally has;

        (c)     of a characteristic that is generally imputed to a person with that attribute;

        (d)     that a person is presumed to have that attribute or to have had it at any time.

S. 7(3) amended by No. 26/2011 s. 34(Sch. item 2.2).

    (3)     For the purposes of subsection (2), if a person with a disability is accompanied by or possesses an assistance aid, being accompanied by or the possession of that assistance aid is taken to be a characteristic that a person with that attribute generally has.

S. 7(4) amended by No. 26/2011 s. 34(Sch. items 2.2, 2.3).

    (4)     In subsection (3)—

"assistance aid" means any of the following that alleviates the effects of a person's disability

        (a)     equipment (including a palliative or therapeutic device);

        (b)     a person who provides assistance or services to a person with a disability;


1     an interpreter;

2     a reader.

        (c)     an assistance dog.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback