Does the special measures section protect any action done in good faith?
Section 45 of the DDA protects actions which are reasonably intended to afford people with a disability, or with a particular disability, access to opportunities or access to services to meet their special needs, in relation to education or to other areas covered by the DDA. Justices Sackville and Stone in Clarke v Catholic Education Office provided a number of helpful comments on the scope of this provision: • the section should receive an interpretation consistent with the objectives of the legislation. • an expansive interpretation of an exemption in anti-discrimination legislation may well threaten the underlying object of the legislation. • Section 45 is primarily designed to make lawful affirmative conduct, ‘reasonably intended’ to provide services or facilities to disabled people that are not available to the general community or to provide benefits to particular classes of disabled persons to meet their special needs, even though the benefits are not made available to other dis
Section 45 of the DDA protects actions which are reasonably intended to afford people with a disability, or with a particular disability, access to opportunities or access to services to meet their special needs, in relation to education or to other areas covered by the DDA. Justices Sackville and Stone in Clarke v Catholic Education Office provided a number of helpful comments on the scope of this provision: • the section should receive an interpretation consistent with the objectives of the legislation. • an expansive interpretation of an exemption in anti-discrimination legislation may well threaten the underlying object of the legislation. • Section 45 is primarily designed to make lawful affirmative conduct, ‘reasonably intended’ to provide services or facilities to disabled people that are not available to the general community or to provide benefits to particular classes of disabled persons to meet their special needs, even though the benefits are not made available to other dis
