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Discrimination Act 1991
4AMeaning of doing an act
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4A Meaning of doing an act
(1) In this Act:
doing an act includes failing to do the act.
(2) In this Act, a reference to doing an act because of a particular matter
includes a reference to doing an act because of 2 or more matters that
include the particular matter, whether or not the particular matter is
the dominant or substantial reason for doing the act.
5AA Meaning of disability
(1) In this Act:
disability means—
(a) total or partial loss of a bodily or mental function; or
(b) total or partial loss of a part of the body; or
(c) the presence in the body of organisms that cause disease or
illness; or
(d) the presence in the body of organisms that are capable of causing
disease or illness; or
(e) the malfunction, malformation or disfigurement of a part of the
body; or
(f) a disorder or malfunction that results in a person learning
differently from a person without the disorder or malfunction;
or
(g) a disorder, illness or disease that affects a person’s thought
processes, perception of reality, emotions or judgment or that
results in disturbed behaviour; or
(h) any other condition prescribed by regulation.
(2) For this Act, disability includes—
(a) behaviour that is a symptom or manifestation of the disability;
and
(b) a disability that a person may have in the future, including
because of a genetic disposition to the disability; and
(c) a disability that it is thought a person may have in the future,
whether or not—
(i) the person has a genetic disposition to the disability; or
(ii) there is anything else to indicate the person may have the
disability in the future; and
Note Disability also includes a disability that the person has or is thought
to have, and a disability that the person has had in the past, or is
thought to have had in the past (see s 7 (2)).
(d) reliance on—
(i) a support person; or
(ii) a disability aid; or
(iii) an assistance animal.
assistance animal means an assistance animal trained to assist a
person with disability to alleviate the effect of the disability
(including by guiding a person who is blind or vision impaired or
alerting a person who is deaf or hearing impaired to sounds), that
satisfies any requirements prescribed by regulation.
disability aid—
(a) means equipment (including a palliative or therapeutic device)
that is generally recognised to alleviate an effect of a disability;
and
(b) includes anything prescribed by regulation.
Note Power to make a statutory instrument (including a regulation) includes
power to make different provision in relation to different matters or
different classes of matters, and to make an instrument that applies
differently by reference to stated exceptions or factors (see Legislation
Act, s 48).
support person means a person who provides assistance or services
to another person because of a disability the other person has.
Examples
carer, assistant, interpreter, reader
5AB Liability of person relying on assistance animal etc
(1) This section applies to a person with disability who relies on an
assistance animal or disability aid.
(2) Nothing in this Act affects the liability of the person for any injury,
loss or damage caused by the person’s assistance animal or disability
aid.
assistance animal—see section 5AA (3).
disability aid—see section 5AA (3).