Part 1 Preliminary
Section 7
(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.
7 Discrimination in relation to associates
(1) This Act applies in relation to a person who has an associate with a
disability in the same way as it applies in relation to a person with
the disability.
Example: It is unlawful, under section 15, for an employer to discriminate
against an employee on the ground of a disability of any of the
employee’s associates.
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Disability Discrimination Act 1992
Compilation No. 33
Compilation date: 12/4/18
Authorised Version C2018C00125 registered 19/04/2018
Registered: 19/4/18