Anti-Discrimination Amendment (Drug Addiction) Act 2002 (NSW)

An Act to amend the Anti-Discrimination Act 1977 with respect to its application to persons addicted to prohibited drugs.

1Name of Act

This Act is the Anti-Discrimination Amendment (Drug Addiction) Act 2002.

2Commencement

This Act commences on the date of assent.

3Amendment of Anti-Discrimination Act 1977 No 48

The Anti-Discrimination Act 1977 is amended as set out in Schedule 1.

Schedule 1Amendment

(Section 3)

Insert after section 49P:

49PAPersons addicted to prohibited drugs(1)

This section applies to the provisions of Division 2 (Discrimination in work), other than sections 49H, 49I and 49J.

(2)

Nothing in those provisions renders unlawful discrimination against a person on the ground of disability if:

• (a)

  the disability relates to the person’s addiction to a prohibited drug, and

• (b)

  the person is actually addicted to a prohibited drug at the time of the discrimination.

(3)

However, nothing in this section makes it lawful to discriminate against a person on the ground of the person having hepatitis C, HIV infection or any medical condition other than addiction to a prohibited drug.

(4)

In this section:

prohibited drug means a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985, but does not include:

• (a)

  methadone or buprenorphine, or

• (b)

  any other drug that is declared by the regulations not to be a prohibited drug for the purposes of this section.