Human Rights Amendment Act 2008

4 Partnerships
  • (1) Section 36 is amended by inserting the following subsection after subsection (2):

    • (2A) It is unlawful for a firm, or for persons jointly promoting the formation of a firm, to fail to provide special services or facilities that could reasonably be provided by the firm, or those persons, in the circumstances and that, if provided, would enable a person with a disability—

      • (a) to be accepted as a partner and remain in partnership; or

      • (b) to be offered the same terms and conditions as a partner (including terms and conditions as to status in the firm or entitlements to shares in capital or profits) that are made available to other members or prospective members of the firm.

    (2) Section 36 is amended by repealing subsection (3) and substituting the following subsections:

    • (3) Nothing in this section prevents the fixing of reasonable terms and conditions in relation to a partner or prospective partner, who by reason of disability or age—

      • (a) has a restricted capacity to participate or continue to participate in the partnership, that cannot be restored to normal by the provision of any special services or facilities required to be provided under subsection (2A); or

      • (b) requires special conditions if he or she is to participate or continue to participate in the partnership, even if any special services or facilities required to be provided under subsection (2A) are provided.

    • (4) Nothing in this section applies in respect of a person with a disability, if the disability of the person is such that—

      • (a) there would be a risk of harm to that person or others, including the risk of infecting others with an illness if that person were to accept or remain in partnership or be given the same terms and conditions as a partner (including terms and conditions as to status in the firm or entitlement to shares in capital or profits) that were made available to other members or prospective members of the firm; and

      • (b) it is not reasonable to take that risk.

    • (5) Subsection (4) does not apply if the firm, or persons jointly promoting the formation of a firm, could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.