PART II AMENDMENTS TO THE ACT

18 Interpretation of Part II
In Part II of the Act, after section 18C (charities), insert the following section –

“18D Interpretation of Part II
1 Subject to any duty to make reasonable adjustments, nothing in this Part is to be taken to require a person to treat a disabled person more favourably than he treats or would treat others.
2 In this Part –
“benefits”, except in sections 4G to 4K, includes facilities and services;
“detriment”, except in section 16C(2)(b), does not include conduct of the nature referred to in section 3B (harassment);
“discriminate”, “discrimination” and other related expressions are to be construed in accordance with section 3A;
“duty to make reasonable adjustments” means a duty imposed by or under section 4A, 4B(5) or (6), 4E, 4H, 6B, 7B, 14, 14B, 14D or 16A(5);
“employer” includes a person who has no employees but is seeking to employ another person;
“harassment” is to be construed in accordance with section 3B;
“physical feature”, in relation to any premises, includes any of the following (whether permanent or temporary) –
(a) any feature arising from the design or construction of a building on the premises,
(b) any feature on the premises of any approach to, exit from or access to such a building,
(c) any fixtures, fittings, furnishings, furniture, equipment or material in or on the premises,
(d) any other physical element or quality of any land comprised in the premises;
“provision, criterion or practice” includes any arrangements.”

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