Victorian Numbered Acts

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EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 58

Exception—access to or use of public premises unreasonable

    (1)     A person may discriminate against another person on the basis of the other person's impairment in relation to any premises or facilities in the premises that the public or a section of the public is entitled or allowed to enter or use (whether or not for payment) if the person could not reasonably be expected to avoid the discrimination.

    (2)     In determining whether the person could be reasonably expected to avoid the discrimination, all relevant facts and circumstances must be considered, including—

        (a)         the circumstances of the person with the impairment, including the nature of his or her impairment; and

        (b)         the nature of the measures required to provide or allow access to or use of the premises or facilities in the premises; and

        (c)     the financial circumstances of the person; and

        (d)     the consequences for the person of avoiding the discrimination; and

        (e)     the consequences for the person with the impairment of the person not avoiding the discrimination; and

        (f)     any relevant disability standards made under the     Disability Discrimination Act 1992 of the Commonwealth.



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