Part 1 Preliminary
Section 11
(b) one of the reasons is the disability of a person (whether or not
it is the dominant or a substantial reason for doing the act);
then, for the purposes of this Act, the act is taken to be done for
that reason.
11 Unjustifiable hardship
(1) For the purposes of this Act, in determining whether a hardship
that would be imposed on a person (the first person) would be an
unjustifiable hardship, all relevant circumstances of the particular
case must be taken into account, including the following:
(a) the nature of the benefit or detriment likely to accrue to, or to
be suffered by, any person concerned;
(b) the effect of the disability of any person concerned;
(c) the financial circumstances, and the estimated amount of
expenditure required to be made, by the first person;
(d) the availability of financial and other assistance to the first
person;
(e) any relevant action plans given to the Commission under
section 64.
Example: One of the circumstances covered by paragraph (1)(a) is the nature of
the benefit or detriment likely to accrue to, or to be suffered by, the
community.
(2) For the purposes of this Act, the burden of proving that something
would impose unjustifiable hardship lies on the person claiming
unjustifiable hardship.
12 Application of Act
(1) In this section:
Australia includes the external Territories.
limited application provisions means the provisions of Divisions 1,
2, 2A and 3 of Part 2 other than sections 20, 29 and 30.
(2) Subject to this section, this Act applies throughout Australia.
14
Disability Discrimination Act 1992
Compilation No. 33
Compilation date: 12/4/18
Authorised Version C2018C00125 registered 19/04/2018
Registered: 19/4/18