New South Wales Consolidated Acts

ANTI-DISCRIMINATION ACT 1977 - SECT 49O

49O Registered clubs

(1) It is unlawful for a registered club to discriminate against a person who is not a member of the registered club on the ground of disability--

(a) by refusing or failing to accept the person's application for membership, or

(b) in the terms on which it is prepared to admit the person to membership.

(2) It is unlawful for a registered club to discriminate against a person who is a member of the registered club on the ground of disability--

(a) by denying the person access, or limiting the person's access, to any benefit provided by the registered club, or

(b) by depriving the person of membership or varying the terms of the person's membership, or

(c) by subjecting the person to any other detriment.

(3) Nothing in subsection (1) or (2) applies to or in respect of a registered club if the principal object of the registered club is to provide benefits only for persons who have a particular disability specified in the principal object.

(4) In determining whether the principal object of a registered club is as referred to in subsection (3), regard is to be had to--

(a) the essential character of the registered club, and

(b) the extent to which the affairs of the registered club are so conducted that the persons primarily enjoying the benefits of membership are persons who have the particular disability specified in the principal object, and

(c) any other relevant circumstance.

(5) Nothing in subsection (2) (a) renders it unlawful to discriminate against a person on the ground of disability where, because of the person's disability, the person requires the benefit to be provided in a special manner and the benefit cannot without unjustifiable hardship be so provided by the registered club.