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Disability Discrimination and Other Human Rights Legislation Amendment Bill 2009

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2008 - 2009

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

SENATE

 

 

 

 

DISABILITY DISCRIMINATION AND OTHER HUMAN RIGHTS LEGISLATION AMENDMENT BILL 2008

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

 

Amendments to be Moved on Behalf of the Government

 

 

 

 

(Circulated by the authority of the Attorney-General,

the Honourable Robert McClelland MP)





NOTES ON AMENDMENTS

Schedule 2, item 60, page 18 (lines 3 to 4)

1.             Section 30 of the Disability Discrimination Act provides that it is unlawful for a person to request or require disability-related information from another person, if the request is connected with action that is unlawful under the Act.  Paragraph 30(3)(a) as proposed in the Bill places the onus on the respondent to produce evidence that he or she did not request or require the information for the (emphasis added) purpose of unlawfully discriminating against the other person on the ground of disability. 

2.             This amendment to proposed paragraph 30(3)(a) requires the production of evidence that none of the purposes (emphasis added) for which the information was sought was for unlawful discrimination. 

3.             The amendment addresses a concern raised by the Senate Standing Committee on Legal and Constitutional Affairs, which was the basis of recommendation 3 in its report on the Bill.  That is, that the paragraph might otherwise enable a successful defence to a discriminatory request for information where that unlawful discrimination is only one of a number of purposes for which information was sought. 

 

FINANCIAL IMPACT STATEMENT

The amendment to the Bill will have no financial implications.