Northern Territory Consolidated Acts

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ANTI-DISCRIMINATION ACT - SECT 24

Failure to accommodate special need

24. Failure to accommodate special need

(1) A person shall not fail or refuse to accommodate a special need that another person has because of an attribute.

(2) For the purposes of subsection (1) -

(a) a failure or refusal to accommodate a special need of another person includes making inadequate or inappropriate provision to accommodate the special need; and

(b) a failure to accommodate a special need takes place when a person acts in a way which unreasonably fails to provide for the special need of another person if that other person has the special need because of an attribute.

(3) Whether a person has unreasonably failed to provide for the special need of another person depends on all the relevant circumstances of the case including, but not limited to -

(a) the nature of the special need;

(b) the cost of accommodating the special need and the number of people who would benefit or be disadvantaged;

(c) the financial circumstances of the person;

(d) the disruption that accommodating the special need may cause; and

(e) the nature of any benefit or detriment to all persons concerned.



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