Contents
Division 2 · Discrimination in other areas
22Education#
(1)It is unlawful for an educational authority to discriminate against a person on the ground of the person’s disability:
(a)by refusing or failing to accept the person’s application for admission as a student; or
(b)in the terms or conditions on which it is prepared to admit the person as a student.
(2)It is unlawful for an educational authority to discriminate against a student on the ground of the student’s disability:
(a)by denying the student access, or limiting the student’s access, to any benefit provided by the educational authority; or
(b)by expelling the student; or
(c)by subjecting the student to any other detriment.
(2A)It is unlawful for an education provider to discriminate against a person on the ground of the person’s disability:
(a)by developing curricula or training courses having a content that will either exclude the person from participation, or subject the person to any other detriment; or
(b)by accrediting curricula or training courses having such a content.
(3)This section does not render it unlawful to discriminate against a person on the ground of the person’s disability in respect of admission to an educational institution established wholly or primarily for students who have a particular disability where the person does not have that particular disability.
23Access to premises#
It is unlawful for a person to discriminate against another person on the ground of the other person’s disability:
(a)by refusing to allow the other person access to, or the use of, any premises that the public or a section of the public is entitled or allowed to enter or use (whether for payment or not); or
(b)in the terms or conditions on which the first-mentioned person is prepared to allow the other person access to, or the use of, any such premises; or
(c)in relation to the provision of means of access to such premises; or
(d)by refusing to allow the other person the use of any facilities in such premises that the public or a section of the public is entitled or allowed to use (whether for payment or not); or
(e)in the terms or conditions on which the first-mentioned person is prepared to allow the other person the use of any such facilities; or
(f)by requiring the other person to leave such premises or cease to use such facilities.
24Goods, services and facilities#
It is unlawful for a person who, whether for payment or not, provides goods or services, or makes facilities available, to discriminate against another person on the ground of the other person’s disability:
(a)by refusing to provide the other person with those goods or services or to make those facilities available to the other person; or
(b)in the terms or conditions on which the first-mentioned person provides the other person with those goods or services or makes those facilities available to the other person; or
(c)in the manner in which the first-mentioned person provides the other person with those goods or services or makes those facilities available to the other person.
25Accommodation#
(1)It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person’s disability:
(a)by refusing the other person’s application for accommodation; or
(b)in the terms or conditions on which the accommodation is offered to the other person; or
(c)by deferring the other person’s application for accommodation or according to the other person a lower order of precedence in any list of applicants for that accommodation.
(2)It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person’s disability:
(a)by denying the other person access, or limiting the other person’s access, to any benefit associated with accommodation occupied by the other person; or
(b)by evicting the other person from accommodation occupied by the other person; or
(c)by subjecting the other person to any other detriment in relation to accommodation occupied by the other person; or
(d)by refusing to permit the other person to make reasonable alterations to accommodation occupied by that person if:
(i)that person has undertaken to restore the accommodation to its condition before alteration on leaving the accommodation; and
(ii)in all the circumstances it is likely that the person will perform the undertaking; and
(iii)in all the circumstances, the action required to restore the accommodation to its condition before alteration is reasonably practicable; and
(iv)the alteration does not involve alteration of the premises of any other occupier; and
(v)the alteration is at that other person’s own expense.
(3)This section does not apply to or in respect of:
(a)the provision of accommodation in premises if:
(i)the person who provides or proposes to provide the accommodation or a near relative of that person resides, and intends to continue to reside on those premises; and
(ii)the accommodation provided in those premises is for no more than 3 persons other than a person referred to in subparagraph (a)(i) or near relatives of such a person; or
(b)the provision of accommodation if:
(i)the accommodation is provided by a registered charity, or by a voluntary body that is not a charity; and
(ia)the accommodation is provided solely for persons who have a particular disability; and
(ii)the person discriminated against does not have that particular disability.
26Land#
(1)It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person’s disability:
(a)by refusing or failing to dispose of an estate or interest in land to the other person; or
(b)in the terms or conditions on which an estate or interest in land is offered to the other person.
(2)This section does not apply in relation to a disposal of an estate or interest in land by will or by way of gift.
27Clubs and incorporated associations#
(1)It is unlawful for a club or incorporated association, the committee of management of a club or a member of the committee of management of a club or incorporated association to discriminate against a person who is not a member of the club or association on the ground of the person’s disability:
(a)by refusing or failing to accept the person’s application for membership; or
(b)in the terms or conditions on which the club or association is prepared to admit the person to membership.
(2)It is unlawful for a club or incorporated association, the committee of management of a club or a member of the committee of management of a club or incorporated association to discriminate against a person who is a member of the club or association on the ground of the member’s disability:
(a)in the terms or conditions of membership that are afforded to the member; or
(b)by refusing or failing to accept the member’s application for a particular class or type of membership; or
(c)by denying the member access, or limiting the member’s access to any benefit provided by the club or association; or
(d)by depriving the member of membership or varying the terms of membership; or
(e)by subjecting the member to any other detriment.
(4)Neither subsection (1) nor (2) renders it unlawful to discriminate against a person on the ground of the person’s disability if membership (however described) of the club or incorporated association is restricted only to persons who have a particular disability and the first-mentioned person does not have that disability.
28Sport#
(1)It is unlawful for a person to discriminate against another person on the ground of the other person’s disability by excluding that other person from a sporting activity.
(2)In subsection (1), a reference to a sporting activity includes a reference to an administrative or coaching activity in relation to any sport.
(3)Subsection (1) does not render unlawful discrimination against a person:
(a)if the person is not reasonably capable of performing the actions reasonably required in relation to the sporting activity; or
(b)if the persons who participate or are to participate in the sporting activities are selected by a method which is reasonable on the basis of their skills and abilities relevant to the sporting activity and relative to each other; or
(c)if a sporting activity is conducted only for persons who have a particular disability and the first-mentioned person does not have that disability.
29Administration of Commonwealth laws and programs#
It is unlawful for a person who performs any function or exercises any power under a Commonwealth law or for the purposes of a Commonwealth program or has any other responsibility for the administration of a Commonwealth law or the conduct of a Commonwealth program, to discriminate against another person on the ground of the other person’s disability in the performance of that function, the exercise of that power or the fulfilment of that responsibility.
29AUnjustifiable hardship#
This Division (other than section 30) does not render it unlawful for a person (the discriminator) to discriminate against another person on the ground of a disability of the other person if avoiding the discrimination would impose an unjustifiable hardship on the discriminator.
30Requests for information#
(1)This section applies in relation to a person (the first person) if, under Division 1 or this Division, it would be unlawful for the first person, in doing a particular act, to discriminate against another person on the ground of a disability of the other person.
(2)It is unlawful for the first person to request or require the other person to provide information (whether by completing a form or otherwise) if:
(a)the first person requests or requires the information in connection with, or for the purposes of, doing the act referred to in subsection (1); and
(b)either or both of the following applies:
(i)persons who do not have the disability would not be requested or required to provide the information in circumstances that are not materially different;
(ii)the information relates to the disability.
(3)Subsection (2) does not apply if:
(a)evidence is produced to the effect that none of the purposes for which the first person requested or required the information was the purpose of unlawfully discriminating against the other person on the ground of the disability; and
(b)the evidence is not rebutted.
Example: An employer may not require a prospective employee to provide genetic information if the employer intends to use that information to unlawfully discriminate against the employee on the ground of a disability of the employee.
However, the employer may require such information in order to determine if the prospective employee would be able to carry out the inherent requirements of the employment or to determine what reasonable adjustments to make for the employee.
(4)This section has effect subject to subsection 54A(5) (evidence that an animal is an assistance animal).
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.