Australian Capital Territory Consolidated Acts

DISCRIMINATION ACT 1991 - SECT 49

    (1)     Section 10 (1) (b) or (2) (c), section 12 (1) (b) or (2) (c), section 13 (b) or section 14 (1) (a), (2) (a) or (3) (b) do not make unlawful discrimination by a person (the first person ) against someone else (the second person ) on the ground of disability if the first person believes on reasonable grounds that, because of a disability—

        (a)     the second person is, or would be, unable to carry out work that is essential to the position concerned; or

        (b)     the second person requires, or would require, to carry out the work, services or facilities that would not be required by a person who does not have the disability and providing the services or facilities would impose unjustifiable hardship on the first person.

    (2)     Section 10 (1) (c) or (2) (a) or (b), section 12 (1) (c) or (2) (a) or (b), section 13 (a) or (c) or section 14 (1) (b), (2) (b) or (3) (a) does not make it unlawful for a person (the first person ) to discriminate against someone else on the ground of disability in relation to any setting by the first person of terms or conditions for the performance of work that is essential to the position concerned, if the terms or conditions are reasonable having regard to either or both of the following:

        (a)     any limitation or restriction that the disability would or does impose on the other person's ability to carry out that work;

        (b)     any services or facilities that would be or are required by the other person to carry out that work and that would not be or are not required by people who do not have such a disability.

    (3)     In this section:

"disability", of a person, includes a disability that the person has.

Note     Disability is defined for the Act in s 5AA.