WESTERN AUSTRALIA
EQUAL OPPORTUNITY
AMENDMENT ACT
No. 40 of 1988
AN ACT to amend the Equal Opportunity Act 1984.
[Assented to 30 November 1988]
The Parliament of Western Australia enacts as follows:
Short title
1. This Act may be cited as the Equal Opportunity Amendment Act
1988.
Commencement
2. (1) Subject to subsection (2), this Act shall come into operation on
such day as is fixed by proclamation.
(2) Sections 14 to 26, 28 and 31 to 33 shall come into operation on the
day on which this Act receives the Royal Assent.
| No. 40] | Equal Opportunity Amendment Act | [1988 |
| Principal Act |
3. In this Act the Equal Opportunity Act 1984* is referred to as the
principal Act.
*Act No. 83 of 1984 as amended by Act No. 98 of 1985.]
Long title amended
4. The long title of the principal Act is amended by inserting after
"conviction," the following-
" impairment, ".
Section 3 amended
5. Section 3 of the principal Act is amended
| (a) | in paragraph (a), by deleting "or religious or political conviction" and substituting the following- |
" , religious or political conviction or impairment "; and
| (b) | in paragraph (d), by inserting after "convictions" the following- |
" or their impairment ".
Section 4 amended
6. Section 4 of the principal Act is amended—
(a) in subsection (1)—
(i) in the definition of "committee of management" by deleting "club or organization" in both places where it occurs and substituting in each case the following-
" club, organization or incorporated association ";
(ii) in the definition of "education authority" by deleting "education" and substituting the following-
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| 1988] | Equal Opportunity Amendment Act | [No. 40 |
(iii) by inserting after the definition of "functions" the following definitions-
" "impairment" in relation to a person, means one or
more of the following conditions
| (a) | any defect or disturbance in the normal structure or functioning of a person's body; |
| (b) | any defect or disturbance in the normal structure or functioning of a person's brain; or |
| (c) | any illness or condition which impairs a person's thought processes, perception of reality, emotions or judgment or which results in disturbed behaviour, |
whether arising from a condition subsisting at birth or from an illness or injury and includes an impairment which presently exists or existed in the past but has now ceased to exist;
"incorporated association" means an association that is incorporated or deemed to be incorporated under the Associations Incorporation Act
1987; "; and
(iv) in the definition of "institution of tertiary education" by inserting before "Tertiary" the following-
" Commonwealth "; and
(b) by inserting after subsection (3) the following subsection
(4) In determining what constitutes "unjustifiable hardship" for the purposes of Part IVA, all relevant circumstances of the particular case shall be taken into account including the nature of the benefit or detriment likely to accrue or be suffered by all persons concerned, the nature of the impairment of the person concerned and the financial circumstances and the estimated amount of…