Commonwealth Consolidated Acts

DISABILITY DISCRIMINATION ACT 1992 - SECT 15

             (1)  It is unlawful for an employer or a person acting or purporting to act on behalf of an employer to discriminate against a person on the ground of the other person’s disability or a disability of any of that other person’s associates:

                     (a)  in the arrangements made for the purpose of determining who should be offered employment; or

                     (b)  in determining who should be offered employment; or

                     (c)  in the terms or conditions on which employment is offered.

             (2)  It is unlawful for an employer or a person acting or purporting to act on behalf of an employer to discriminate against an employee on the ground of the employee’s disability or a disability of any of that employee’s associates:

                     (a)  in the terms or conditions of employment that the employer affords the employee; or

                     (b)  by denying the employee access, or limiting the employee’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment; or

                     (c)  by dismissing the employee; or

                     (d)  by subjecting the employee to any other detriment.

             (3)  Neither paragraph (1)(a) nor (b) renders it unlawful for a person to discriminate against another person, on the ground of the other person’s disability, in connection with employment to perform domestic duties on the premises on which the first‑mentioned person resides.

             (4)  Neither paragraph (1)(b) nor (2)(c) renders unlawful discrimination by an employer against a person on the ground of the person’s disability, if taking into account the person’s past training, qualifications and experience relevant to the particular employment and, if the person is already employed by the employer, the person’s performance as an employee, and all other relevant factors that it is reasonable to take into account, the person because of his or her disability:

                     (a)  would be unable to carry out the inherent requirements of the particular employment; or

                     (b)  would, in order to carry out those requirements, require services or facilities that are not required by persons without the disability and the provision of which would impose an unjustifiable hardship on the employer.