Human Rights Amendment Act 2008

6 Exceptions in relation to qualifying bodies
  • Section 39 is amended by inserting the following subsection after subsection (2):

    • (2A) For the purposes of applying subsection (2)(a) and (b), an authority or body referred to in section 38 must,—

      • (a) in the case of subsection (2)(a), take account of whether a disabled person could perform the required duties if he or she was provided with special services or facilities that could reasonably be provided by an employer or by any other relevant person:

      • (b) in the case of subsection (2)(b), take account of whether the risk of harm referred to in that paragraph could be reduced to a normal level, without unreasonable disruption to an employer or to any other relevant person.