EQUAL OPPORTUNITY ACT 1984 - SECT 66Q
EQUAL OPPORTUNITY ACT 1984 - SECT 66Q
66Q . Exceptions to certain work related provisions in Div. 2
(1) Nothing in
section 66B(1)(b) or (2)(c), 66C(1)(b) or (2)(c) or 66E(1)(a) or (2)(a)
renders unlawful discrimination by an employer, principal or person against a
person on the ground of the impairment of that person if it is reasonable for
the employer, principal or person to conclude, on such grounds as having
regard to the circumstances of the case and having taken all reasonable steps
to obtain relevant and necessary information concerning the impairment it is
reasonable for the employer, principal or person to rely on, that the person
with the impairment because of that impairment —
(a)
would be unable to carry out work reasonably required to be performed in the
course of the employment or engagement concerned; or
(b)
would, in order to carry out that work, require services or facilities that
are not required by persons who do not have an impairment and the provision of
which would impose an unjustifiable hardship on the employer, principal or
person.
(2) Nothing in
section 66B(1)(c), (2)(a) or (b), section 66C(1)(c), (2)(a) or (b),
section 66D(1)(a) or (c) or section 66E(1)(b), (2)(b) or (3)(a) renders
unlawful discrimination by an employer, principal or person against a person
on the ground of the impairment of that person in respect of any determination
by the employer, principal or person of any terms or conditions relating to
the person with the impairment that are reasonable having regard to either or
both of the following —
(a) any
limitation or restriction that the impairment would or does impose on the
person’s ability to carry out the work required to be performed in the
course of the employment or engagement concerned;
(b) any
services or facilities that would be or are required by the person with the
impairment in order to carry out the work referred to in paragraph (a) and
that would not be or are not required by persons who do not have an
impairment.
(3) Nothing in
section 66G renders unlawful discrimination by an authority or body to which
that section refers against a person on the ground of the impairment of that
person if, with respect to the work required to be performed in the course of
the practice of the profession, the carrying on of the trade or business or
the engaging in of the occupation concerned, it is reasonable for the
authority or body to conclude on such grounds as having regard to the
circumstances of the case and having taken all reasonable steps to obtain
relevant and necessary information concerning the impairment it is reasonable
for the authority or body to rely on, that the person with the impairment
would be unable to carry out that work.
[Section 66Q inserted: No. 40 of 1988 s. 8;
amended: No. 74 of 1992 s. 18.]