South Australian Current Acts South Australian Current Acts66—Criteria for establishing discrimination on ground of disability
For the purposes of this Act, a person discriminates on the ground of
disability—
(a) if
he or she treats another unfavourably because of the other's disability, or a
past disability or a disability that may exist in the future; or
(b) if
he or she treats another unfavourably because the other does not comply, or is
not able to comply, with a particular requirement and—
(i)
the nature of the requirement is such that a
substantially higher proportion of persons who do not have such a disability
complies, or is able to comply, with the requirement than of those persons who
have such a disability; and
(ii)
the requirement is not reasonable in the circumstances of
the case; or
(c) if
he or she treats another unfavourably on the basis of a characteristic that
appertains generally to persons who have such a disability, or on the basis of
a presumed characteristic that is generally imputed to persons who have such a
disability; or
(ca) if
he or she—
(i)
fails to provide a safe and proper means of access to, or
use of, a place or facilities for a person who requires special means of
access to, or use of, the place or facilities as a consequence of the person's
disability; or
(ii)
treats another unfavourably because the other requires
special means of access to, or use of, a place or facilities as a consequence
of the other's disability,
to the extent that he or she is able to effect the provision of access or use;
or
(d) if,
in circumstances where it is unreasonable to do so—
(i)
he or she fails to provide special assistance or
equipment required by a person in consequence of the person's disability; or
(ii)
he or she treats another unfavourably because the other
requires special assistance or equipment as a consequence of the other's
disability; or
(e) if
he or she treats a person with a disability unfavourably because the person
possesses, or is accompanied by, an assistance animal, or because of a related
matter (whether or not it is his or her normal practice to treat unfavourably
a person who possesses, or is accompanied by, an animal of the same species as
the assistance animal); or
(f) if
he or she treats another unfavourably because of an attribute of or a
circumstance affecting a relative or associate of the other, being an
attribute or circumstance described in the preceding paragraphs.