Section 45 — Disability Discrimination Act 1992: Special measures

(1) This Part does not render it unlawful to do an act that is reasonably intended to: (a) ensure that persons who have a disability have equal opportunities with other persons in circumstances in relation to which a provision is made by this Act; or (b) afford persons who have a disability or a particular disability, goods or access to facilities, services or opportunities to meet their special needs in relation to: (i) employment, education, accommodation, clubs or sport; or (ii) the provision of goods, services, facilities or land; or (iii) the making available of facilities; or (iv) the administration of Commonwealth laws and programs; or (v) their capacity to live independently; or (c) afford persons who have a disability or a particular disability, grants, benefits or programs, whether direct or indirect, to meet their special needs in relation to: (i) employment, education, accommodation, clubs or sport; or (ii) the provision of goods, services, facilities or land; or (iii) the making available of facilities; or (iv) the administration of Commonwealth laws and programs; or (v) their capacity to live independently. (2) However, subsection (1) does not apply: (a) in relation to discrimination in implementing a measure referred to in that subsection if the discrimination is not necessary for implementing the measure; or (b) in relation to the rates of salary or wages paid to persons with disabilities. Note: For discrimination in relation to the rates of salary or wages paid to persons with disabilities, see paragraphs 47(1)(c) and (d).