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COMMONWEALTHAct
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s 25

Accommodation

In force
Part 2Prohibition of disability discrimination etc.
Division 2Discrimination in other areas

25 Accommodation

(1)

It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person’s disability:

(a)

by refusing the other person’s application for accommodation; or

(b)

in the terms or conditions on which the accommodation is offered to the other person; or

(c)

by deferring the other person’s application for accommodation or according to the other person a lower order of precedence in any list of applicants for that accommodation.

(2)

It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person’s disability:

(a)

by denying the other person access, or limiting the other person’s access, to any benefit associated with accommodation occupied by the other person; or

(b)

by evicting the other person from accommodation occupied by the other person; or

(c)

by subjecting the other person to any other detriment in relation to accommodation occupied by the other person; or

(d)

by refusing to permit the other person to make reasonable alterations to accommodation occupied by that person if:

(i)

that person has undertaken to restore the accommodation to its condition before alteration on leaving the accommodation; and

(ii)

in all the circumstances it is likely that the person will perform the undertaking; and

(iii)

in all the circumstances, the action required to restore the accommodation to its condition before alteration is reasonably practicable; and

(iv)

the alteration does not involve alteration of the premises of any other occupier; and

(v)

the alteration is at that other person’s own expense.

(3)

This section does not apply to or in respect of:

(a)

the provision of accommodation in premises if:

(i)

the person who provides or proposes to provide the accommodation or a near relative of that person resides, and intends to continue to reside on those premises; and

(ii)

the accommodation provided in those premises is for no more than 3 persons other than a person referred to in subparagraph (a)(i) or near relatives of such a person; or

(b)

the provision of accommodation if:

(i)

the accommodation is provided by a registered charity, or by a voluntary body that is not a charity; and

(ia)

the accommodation is provided solely for persons who have a particular disability; and

(ii)

the person discriminated against does not have that particular disability.

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