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Name: Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 (No. 70, 2009).
Country: Australia
Subject(s): Equality of opportunity and treatment
Type of legislation: Law, Act
Adopted on: 2009-07-08
Entry into force:
ISN: AUS-2009-L-82336
Bibliography: Act of Parliament, 2009, Commonwealth Government Printer, Australia, ISBN: 978-1-74247-186-0, (233/08)
Act on-line Act on-line Commonwealth of Australia Law (Comlaw), Australia (consulted on 2009-11-24)
Abstract/Citation: Makes a number of significant changes to the Disability Discrimination Act, in particular: by inserting an explicit reference to the Disabilities Convention in s 12(8)(ba) of the DDA; the definition of disability in s 4 of the DDA has been changed to include a genetic predisposition to a disability; the principal definition of indirect disability discrimination has been amended in a number of respects (section 6); Section 6(1)(c) now requires an aggrieved person to prove that the condition or requirement "has or is likely to have the effect of disadvantaging persons with the disability"; the burden of proving that a requirement or condition is reasonable has now shifted to the respondent (s 6(4)); introduction of what is described as a "duty to make reasonable adjustments for a person with disability" (sections 5(2) and 6(2)); s 21A(1) of the DDA provides a defence to a claim of unlawful discrimination in work in certain circumstances.
Also amends the the Human Rights and Equal Opportunity Commission Act 1986 which is now to be called the Australian Human Rights Commission Act 1986 (AHRC Act).
Amended text(s):

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