Commonwealth Consolidated Acts

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DISABILITY DISCRIMINATION ACT 1992 - SECT 45

Special measures

             (1)  This Part does not render it unlawful to do an act that is reasonably intended to:

                     (a)  ensure that persons who have a disability have equal opportunities with other persons in circumstances in relation to which a provision is made by this Act; or

                     (b)  afford persons who have a disability or a particular disability, goods or access to facilities, services or opportunities to meet their special needs in relation to:

                              (i)  employment, education, accommodation, clubs or sport; or

                             (ii)  the provision of goods, services, facilities or land; or

                            (iii)  the making available of facilities; or

                            (iv)  the administration of Commonwealth laws and programs; or

                             (v)  their capacity to live independently; or

                     (c)  afford persons who have a disability or a particular disability, grants, benefits or programs, whether direct or indirect, to meet their special needs in relation to:

                              (i)  employment, education, accommodation, clubs or sport; or

                             (ii)  the provision of goods, services, facilities or land; or

                            (iii)  the making available of facilities; or

                            (iv)  the administration of Commonwealth laws and programs; or

                             (v)  their capacity to live independently.

             (2)  However, subsection (1) does not apply:

                     (a)  in relation to discrimination in implementing a measure referred to in that subsection if the discrimination is not necessary for implementing the measure; or

                     (b)  in relation to the rates of salary or wages paid to persons with disabilities.

Note:          For discrimination in relation to the rates of salary or wages paid to persons with disabilities, see paragraphs 47(1)(c) and (d).



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