Commonwealth Consolidated Acts

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DISABILITY DISCRIMINATION ACT 1992 - SECT 8

Discrimination in relation to carers, assistants, assistance animals and disability aids

  (1)   This Act applies in relation to having a carer, assistant, assistance animal or disability aid in the same way as it applies in relation to having a disability.

Example:   For the purposes of section   5 (direct discrimination), circumstances are not materially different because of the fact that a person with a disability requires adjustments for the person's carer, assistant, assistance animal or disability aid (see subsection   5(3)).

  (2)   For the purposes of subsection   (1), but without limiting that subsection, this Act has effect in relation to a person with a disability who has a carer, assistant, assistance animal or disability aid as if:

  (a)   each reference to something being done or needed because of a disability were a reference to the thing being done or needed because of the fact that the person has the carer, assistant, animal or aid; and

  (b)   each other reference to a disability were a reference to the carer, assistant, animal or aid.

  (3)   This section does not apply to section   48 (infectious diseases) or section   54A (exemptions in relation to assistance animals).

Note:   The combined effect of sections   7 and 8 is that this Act applies in relation to a person who has an associate who has a carer, assistant, assistance animal or disability aid in the same way as it applies in relation to a person with a disability.


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