s 7

Meaning of discrimination

In force

(1)

Discrimination means—

(a)

direct or indirect discrimination on the basis of an attribute; or

(b)

a contravention of section 17, 19, 20, 22, 32, 33, 40, 45, 54, 55 or 56.

(2)

Discrimination on the basis of an attribute includes discrimination on the basis—

(a)

that a person has that attribute or had it at any time, whether or not he or she had it at the time of the discrimination;

(b)

of a characteristic that a person with that attribute generally has;

(c)

of a characteristic that is generally imputed to a person with that attribute;

(d)

that a person is presumed to have that attribute or to have had it at any time.

S. 7(3) amended by No. 26/2011 s. 34(Sch. item 2.2).

(3)

For the purposes of subsection (2), if a person with a disability is accompanied by or possesses an assistance aid, being accompanied by or the possession of that assistance aid is taken to be a characteristic that a person with that attribute generally has.

S. 7(4) amended by No. 26/2011 s. 34(Sch. items 2.2, 2.3).

(4)

In subsection (3)—

assistance aid means any of the following that alleviates the effects of a person's disability—

(a)

equipment (including a palliative or therapeutic device);

(b)

a person who provides assistance or services to a person with a disability;

Examples

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