4AMeaning of doing an act

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).