NSWIn ForceAct
Anti-Discrimination Act 1977
49TWhat constitutes discrimination on the ground of a person’s responsibilities as a carer
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#### 49T What constitutes discrimination on the ground of a person’s responsibilities as a carer
49T What constitutes discrimination on the ground of a person’s responsibilities as a carer
> > (1) A person (the perpetrator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person’s responsibilities as a carer if the perpetrator—
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> > > (a) on the ground of the aggrieved person having responsibilities as a carer, treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the perpetrator treats or would treat a person who does not have those responsibilities, or
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> > > (b) requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons who do not have such responsibilities comply or are able to comply, being a requirement that is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.
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> > (2) For the purposes of subsection (1) (a), something is done on the ground of a person’s responsibilities as a carer if it is done on the ground of the person having responsibilities as a carer, a characteristic that appertains generally to persons who have responsibilities as a carer or a characteristic that is generally imputed to persons who have responsibilities as a carer.
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> **s 49T:** Ins 1982 No 142, Sch 1 (4). Rep 1994 No 28, Sch 3 (2). Ins 2000 No 24, Sch 1 \[1\]. Am 2013 No 38, Sch 1.1 \[16\] \[17\].