Australian Capital Territory Numbered Acts

DISCRIMINATION AMENDMENT ACT 2016 (NO. 49 OF 2016) - SECT 6

substitute

8     Meaning of discrimination

    (1)     For this Act, discrimination occurs when a person discriminates either directly or indirectly, or both, against someone else.

    (2)     For this section, a person directly discriminates against someone else if the person treats, or proposes to treat, another person unfavourably because the other person has 1 or more attributes mentioned in section 7.

    (3)     For this section, a person indirectly discriminates against someone else if the person imposes, or proposes to impose, a condition or requirement that has, or is likely to have, the effect of disadvantaging the other person because the other person has 1 or more attributes mentioned in section 7.

    (4)     However, a condition or requirement does not give rise to indirect discrimination if it is reasonable in the circumstances.

    (5)     In deciding whether a condition or requirement is reasonable in the circumstances, the matters to be taken into account include—

        (a)     the nature and extent of any disadvantage that results from imposing the condition or requirement; and

        (b)     the feasibility of overcoming or mitigating the disadvantage; and

        (c)     whether the disadvantage is disproportionate to the result sought by the person who imposes, or proposes to impose, the condition or requirement.