Commonwealth Consolidated Acts

DISABILITY DISCRIMINATION ACT 1992 - SECT 18

             (1)  It is unlawful for 3 or more persons who are proposing to form themselves into a partnership to discriminate against another person on the ground of the other person’s disability or a disability of any of the other person’s associates:

                     (a)  in determining who should be invited to become a partner in the partnership; or

                     (b)  in the terms or conditions on which the other person is invited to become a partner in the partnership.

             (2)  It is unlawful for any one or more of the partners in a partnership consisting of 3 or more partners to discriminate against another person on the ground of the other person’s disability or a disability of any of the other person’s associates:

                     (a)  in determining who should be invited to become a partner in the partnership; or

                     (b)  in the terms or conditions on which the other person is invited to become a partner in the partnership.

             (3)  It is unlawful for any one or more of the partners in a partnership consisting of 3 or more partners to discriminate against another partner in the partnership on the ground of the other partner’s disability or a disability of any of the other person’s associates:

                     (a)  by denying the other partner access, or limiting the other partner’s access, to any benefit arising from being a partner in the partnership; or

                     (b)  by expelling the other partner from the partnership; or

                     (c)  by subjecting the partner to any other detriment.

             (4)  Neither paragraph (1)(a), (2)(a) nor (3)(b) renders unlawful discrimination by a person against another person on the ground of the other person’s disability, if taking into account the other person’s past training, qualifications and experience relevant to the proposed partnership or the partnership and, if the other person is already a partner, the other person’s performance as a partner, and all other relevant factors that it is reasonable to take into account, the person because of the other person’s disability:

                     (a)  would be unable to carry out the inherent requirements of a partner in the proposed partnership or the partnership; or

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