49PAPersons addicted to prohibited drugs

49PA Persons addicted to prohibited drugs

49PA Persons addicted to prohibited drugs

(1) This section applies to the provisions of Division 2 (Discrimination in work), other than sections 49H, 49I and 49J.

(2) Nothing in those provisions renders unlawful discrimination against a person on the ground of disability if—

(a) the disability relates to the person’s addiction to a prohibited drug, and

(b) the person is actually addicted to a prohibited drug at the time of the discrimination.

(3) However, nothing in this section makes it lawful to discriminate against a person on the ground of the person having hepatitis C, HIV infection or any medical condition other than addiction to a prohibited drug.

(4) In this section—

prohibited drug means a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985, but does not include—

(a) methadone or buprenorphine, or

(b) any other drug that is declared by the regulations not to be a prohibited drug for the purposes of this section.

s 49PA: Ins 2002 No 6, Sch 1.