Commonwealth Consolidated Acts

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DISABILITY DISCRIMINATION ACT 1992 - SECT 25

Accommodation

  (1)   It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person's disability:

  (a)   by refusing the other person's application for accommodation; or

  (b)   in the terms or conditions on which the accommodation is offered to the other person; or

  (c)   by deferring the other person's application for accommodation or according to the other person a lower order of precedence in any list of applicants for that accommodation.

  (2)   It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person's disability:

  (a)   by denying the other person access, or limiting the other person's access, to any benefit associated with accommodation occupied by the other person; or

  (b)   by evicting the other person from accommodation occupied by the other person; or

  (c)   by subjecting the other person to any other detriment in relation to accommodation occupied by the other person; or

  (d)   by refusing to permit the other person to make reasonable alterations to accommodation occupied by that person if:

  (i)   that person has undertaken to restore the accommodation to its condition before alteration on leaving the accommodation; and

  (ii)   in all the circumstances it is likely that the person will perform the undertaking; and

  (iii)   in all the circumstances, the action required to restore the accommodation to its condition before alteration is reasonably practicable; and

  (iv)   the alteration does not involve alteration of the premises of any other occupier; and

  (v)   the alteration is at that other person's own expense.

  (3)   This section does not apply to or in respect of:

  (a)   the provision of accommodation in premises if:

  (i)   the person who provides or proposes to provide the accommodation or a near relative of that person resides, and intends to continue to reside on those premises; and

  (ii)   the accommodation provided in those premises is for no more than 3 persons other than a person referred to in subparagraph   (a)(i) or near relatives of such a person; or

  (b)   the provision of accommodation if:

  (i)   the accommodation is provided by a registered charity, or by a voluntary body that is not a charity; and

  (ia)   the accommodation is provided solely for persons who have a particular disability; and

  (ii)   the person discriminated against does not have that particular disability.



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