Western Australian Current Acts Western Australian Current Acts (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 impairment —
(a) by
refusing the other person’s application for accommodation; or
(b) in
the terms or conditions on which 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 impairment —
(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 where —
(i)
that person has undertaken to restore the accommodation
to its condition before alteration on leaving the accommodation; and
(ii)
in all the circumstances of the case it is likely that
that person will perform the undertaking; and
(iii)
in all the circumstances of the case, the action required
to restore the accommodation to its condition before alteration is reasonably
practical; and
(iv)
the alteration does not necessitate alteration of the
premises of any other occupier; and
(v)
the alteration is at that other person’s own
expense.
(3) Nothing in this
section applies 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 (i) or
near relatives of such a person;
or
(b)
accommodation provided by a charitable or other voluntary body solely for
persons who have a particular impairment; or
(c) the
provision of accommodation in premises if special services or facilities would
be required by the person with an impairment and the provision of such special
services or facilities would impose unjustifiable hardship on the person
providing or proposing to provide the accommodation whether as principal or
agent.
[Section 66L inserted: No. 40 of 1988 s. 8.]