41 Exceptions in relation to vocational training bodies

(1)

Nothing in section 40 shall prevent an organisation or association from affording persons preferential access to facilities for training that would help to fit them for employment where it appears to that organisation or association that those persons are in special need of training by reason of the period for which they have not been engaged in regular full-time employment.

(2)

Subject to subsection (3), nothing in section 40 shall apply where a person’s disability is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that person were to be provided with training, or facilities or opportunities for training, and it is not reasonable to take that risk.

(3)

Nothing in subsection (2) shall apply if the organisation or association providing training, or facilities or opportunities for training, could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.

(4)

Nothing in section 40 shall prevent an organisation or association from providing training, or facilities or opportunities for training (including facilities or opportunities by way of financial grants), only for persons above a particular age or in a particular age group.

(5)

Nothing in section 40 shall prevent the making of financial grants by an organisation or association only to persons above a particular age or in a particular age group.

(6)

Nothing in section 40 shall prevent an organisation or association from charging different fees to persons in different age groups.

(7)

Nothing in section 40 makes it unlawful to fail to provide special services or facilities designed for a specified purpose if those special services or facilities cannot reasonably be provided in the circumstances.

(8)

In subsection (7), a specified purpose means 1 or more of the following purposes:

(a)

to enable a person with a disability to undergo and remain in training; or

(b)

to provide a person with a disability with facilities or opportunities for training; or

(c)

to provide a person with a disability with facilities or opportunities for training on no less favourable terms and conditions than would otherwise be made available.

Compare: 1977 No 49 s 22(3), (4), (5), (6); 1992 No 16 s 11(3)

Section 41(7): added, on 10 September 2008, by section 7 of the Human Rights Amendment Act 2008 (2008 No 65).

Section 41(8): added, on 10 September 2008, by section 7 of the Human Rights Amendment Act 2008 (2008 No 65).