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Nojin v Commonwealth of Australia

Nojin v Commonwealth of Australia. 12 February 2013. Where to, the BSWAT ?. Background. Indirect discrimination. Section 6 of the DD Act at the time stated that:

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Nojin v Commonwealth of Australia

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  1. Nojin v Commonwealth of Australia 12 February 2013 Where to, the BSWAT?

  2. Background

  3. Indirect discrimination Section 6 of the DD Act at the time stated that: For the purposes of this Act, a person (discriminator) discriminates against another person (aggrieved person) on the ground of a disability of the aggrieved person if the discriminator requires the aggrieved person to comply with a requirement or condition: (a) with which a higher proportion of persons without the disability comply or are able to comply; and (b) which is not reasonable having regard to the circumstances of the case; and (c) with which the aggrieved person does not or is not able to comply.

  4. Decision at first instance – Gray J

  5. Decision on appeal – Buchanan, Flick and Katzmann JJ

  6. Issues with the appeal decision

  7. Where to from here?

  8. Questions?

  9. This presentation material is intended to provide a summary of the subject matter covered for training purposes only. It does not purport to be comprehensive or to render legal advice. No reader should act on the basis of any matter contained in this presentation without first obtaining specific professional advice. 224019864

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