Human Rights Amendment Act 2008

5 Organisations of employees or employers and professional and trade associations
  • (1) Section 37 is amended by inserting the following subsection after subsection (1):

    • (1A) It is unlawful for an organisation to which this section applies, or for any person acting or purporting to act on behalf of any such organisation, to fail to provide special services or facilities that could reasonably be provided by the organisation in the circumstances and that, if provided, would enable a person with a disability to—

      • (a) be accepted and remain in membership; or

      • (b) be given equal access to benefits, facilities, or services provided by the organisation (including the right to stand for election and hold office).

    (2) Section 37 is amended by inserting the following subsections after subsection (2):

    • (2A) 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 membership or be given equal access to benefits, facilities, or services provided by the organisation (including the right to stand for election and hold office); and

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

    • (2B) Subsection (2A) does not apply if the organisation could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.