Commonwealth Consolidated Acts

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DISABILITY DISCRIMINATION ACT 1992 - SECT 45

Special measures

  (1)   This Part does not render it unlawful to do an act that is reasonably intended to:

  (a)   ensure that persons who have a disability have equal opportunities with other persons in circumstances in relation to which a provision is made by this Act; or

  (b)   afford persons who have a disability or a particular disability, goods or access to facilities, services or opportunities to meet their special needs in relation to:

  (i)   employment, education, accommodation, clubs or sport; or

  (ii)   the provision of goods, services, facilities or land; or

  (iii)   the making available of facilities; or

  (iv)   the administration of Commonwealth laws and programs; or

  (v)   their capacity to live independently; or

  (c)   afford persons who have a disability or a particular disability, grants, benefits or programs, whether direct or indirect, to meet their special needs in relation to:

  (i)   employment, education, accommodation, clubs or sport; or

  (ii)   the provision of goods, services, facilities or land; or

  (iii)   the making available of facilities; or

  (iv)   the administration of Commonwealth laws and programs; or

  (v)   their capacity to live independently.

  (2)   However, subsection   (1) does not apply:

  (a)   in relation to discrimination in implementing a measure referred to in that subsection if the discrimination is not necessary for implementing the measure; or

  (b)   in relation to the rates of salary or wages paid to persons with disabilities.

Note:   For discrimination in relation to the rates of salary or wages paid to persons with disabilities, see paragraphs 47(1)(c) and (d).



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