New South Wales Bills Explanatory Notes

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DISABILITY DISCRIMINATION LEGISLATION AMENDMENT BILL 1998

[Act 1998 No 34]
New South Wales
Disability Discrimination Legislation

Amendment Bill 1998

Explanatory note

This explanatory note relates to this Bill as introduced into Parliament.*

Overview of Bill

The object of this Bill is to amend certain Acts for consistency with the
Disability Discrimination Act 1992 of the Commonwealth (the
Commonwealth Act), as foIlows:

(a) The Conveyancers Licensing Act 1995, the Driving Instructors Act
1992, the Legal Profession Act 1987, the Local Government Act 1993,
the Mines lnspection Act 1901 and the Veterinary Surgeons Act 1986
are amended to insert provisions making it clear that qualifying bodies
and employers cannot discriminate against a person because of a
disability (for instance, by refusing a professional qualification or
denying employment), unless the person. because of the disability,
would be unable to carry out the inherent requirements of the
occupation or employment concerned. The amendments insert
provisions in those Acts that are similar to the provisions of the
Commonwealth Act, in particular sections 15 and 19 of that Act.

Amended in committee--see table at end of volume.


Disability Discrimination Legislation Amendment Bill 1998 [Act 1998 No 34]
Explanatory note

(b) The Community Land Development Act 1989 is amended to extend
provisions that ensure that a person is not prevented from keeping or
using a guide dog that assists the person with a visual disability to
guide dogs that assist people with hearing disabilities.

(c) The Superannuation Act 1916 is amended so that a woman's
entitlement under that Act to commute her pension on reaching the age
of 55 years is not affected by whether or not she is retired because of
disability.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.

Clause 3 is a formal provision giving effect to the amendments to the Acts
set out in Schedule 1.

Clause 4 makes it clear that explanatory notes do not form part of the
proposed Act.

Schedule 1 makes amendments to the following Acts:

Community Land Development Act 1989
Conveyancers Licensing Act 1995

Driving Instructors Act 1992
Legal Profession Act 1987

Local Government Act 1993
Mines Inspection Act 1901

Superannuation Act 1916
Veterinary Surgeons Act 1986
The amendments to each Act are explained in detail in the explanatory note
relating to the Act concerned set out in Schedule 1.

Explanatory note page 2


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