Queensland Consolidated Acts

ANTI-DISCRIMINATION ACT 1991 - SECT 5

5 Meaning of unjustifiable hardship

Whether the supply of special services or facilities would impose
"unjustifiable hardship" on a person depends on all the relevant circumstances of the case, including, for example—

(a) the nature of the special services or facilities; and

(b) the cost of supplying the special services or facilities and the number of people who would benefit or be disadvantaged; and

(c) the financial circumstances of the person; and

(d) the disruption that supplying the special services or facilities might cause; and

(e) the nature of any benefit or detriment to all people concerned.

Example of application in the work area (section 35)—

Company R refuses to employ A who uses a wheelchair because there is no appropriate access to the place of employment. R may only discriminate against A on the basis of impairment if supplying access would be very expensive or would impose another significant hardship on R.