Commonwealth Consolidated Acts

DISABILITY DISCRIMINATION ACT 1992 - SECT 17

             (1)  It is unlawful for a principal to discriminate against a contract worker on the ground of the contract worker’s disability or a disability of any of the contract worker’s associates:

                     (a)  in the terms or conditions on which the principal allows the contract worker to work; or

                     (b)  by not allowing the contract worker to work or continue to work; or

                     (c)  by denying the contract worker access, or limiting the contract worker’s access, to any benefit associated with the work in respect of which the contract with the employer is made; or

                     (d)  by subjecting the contract worker to any other detriment.

             (2)  Paragraph (1)(b) does not render it unlawful for a principal to discriminate against a contract worker on the ground of the contract worker’s disability, if taking into account the contract worker’s past training, qualifications and experience relevant to working as a contract worker and, if the person is already working for the principal as a contract worker, the contract worker’s performance as a contract worker, and all other relevant factors that it is reasonable to take into account, the person because of the contract worker’s disability:

                     (a)  would be unable to carry out the inherent requirements of a contract worker; 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 principal.