Australian Capital Territory Consolidated Acts

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DISCRIMINATION ACT 1991 - SECT 5AA

Meaning of disability

    (1)     In this Act:

"disability" means—

        (a)     total or partial loss of a bodily function; or

        (b)     total or partial loss of a part of the body; or

        (c)     malfunction of a part of the body; or

        (d)     malformation or disfigurement of a part of the body; or

        (e)     the presence in the body of organisms that cause or are capable of causing disease; or

        (f)     an illness or condition which impairs a person's thought processes, perception of reality, emotions or judgment or which results in disturbed behaviour; or

        (g)     an intellectual disability or developmental delay.

    (2)     Except in section 49 (Work related discrimination) and section 50 (Discrimination by qualifying bodies etc), "disability" includes a disability

        (a)     that the person has, or is thought to have (whether or not the person in fact has the disability); or

        (b)     that the person had in the past, or is thought to have had in the past (whether or not the person in fact had the disability); or

        (c)     that the person will have in the future, or is thought will have in the future (whether or not the person in fact will have the disability).



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