Australian Capital Territory Numbered Acts

DISCRIMINATION AMENDMENT ACT 2003 (NO. 15 OF 2003) - SECT 9

after section 5, insert

5AA     Meaning of impairment

    (1)     In this Act:

"impairment "means—

        (a)     total or partial loss of a bodily function; or

        (b)     total or partial loss of a part of the body; or

        (c)     malfunction of a part of the body; or

        (d)     malformation or disfigurement of a part of the body; or

        (e)     the presence in the body of organisms that cause or are capable of causing disease; or

        (f)     an illness or condition which impairs a person's thought processes, perception of reality, emotions or judgment or which results in disturbed behaviour; or

        (g)     an intellectual disability or developmental delay.

    (2)     Except in section 49 (Work related discrimination) and section 50 (Discrimination by qualifying bodies etc), "impairment" includes an impairment—

        (a)     that the person has, or is thought to have (whether or not the person in fact has the impairment); or

        (b)     that the person had in the past, or is thought to have had in the past (whether or not the person in fact had the impairment); or

        (c)     that the person will have in the future, or is thought will have in the future (whether or not the person in fact will have the impairment).