Australian Capital Territory Consolidated Acts

DISCRIMINATION ACT 1991 - SECT 8

    (1)     For this Act, a person discriminates against another person if—

        (a)     the person treats or proposes to treat the other person unfavourably because the other person has an attribute referred to in section 7; or

        (b)     the person imposes or proposes to impose a condition or requirement that has, or is likely to have, the effect of disadvantaging people because they have an attribute referred to in section 7.

    (2)     Subsection (1) (b) does not apply to a condition or requirement that is reasonable in the circumstances.

    (3)     In deciding whether a condition or requirement is reasonable in the circumstances, the matters to be taken into account include—

        (a)     the nature and extent of the resultant disadvantage; and

        (b)     the feasibility of overcoming or mitigating the disadvantage; and

        (c)     whether the disadvantage is disproportionate to the result sought by the person who imposes or proposes to impose the condition or requirement.