New South Wales Consolidated Acts

ANTI-DISCRIMINATION ACT 1977 - SECT 49PA

49PA Persons addicted to prohibited drugs

(1) This section applies to the provisions of Division 2 (Discrimination in work), other than sections 49H, 49I and 49J.

(2) Nothing in those provisions renders unlawful discrimination against a person on the ground of disability if--

(a) the disability relates to the person's addiction to a prohibited drug, and

(b) the person is actually addicted to a prohibited drug at the time of the discrimination.

(3) However, nothing in this section makes it lawful to discriminate against a person on the ground of the person having hepatitis C, HIV infection or any medical condition other than addiction to a prohibited drug.

(4) In this section--

"prohibited drug" means a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985 , but does not include--

(a) methadone or buprenorphine, or

(b) any other drug that is declared by the regulations not to be a prohibited drug for the purposes of this section.