Document ID: chunk:federal_register_of_legislation:C2011C00175:clause:2_11
Version: federal_register_of_legislation:C2011C00175
Segment Type: clause
Provision Reference: sch 2 cl 11
Character Range: 21421–22469

11  Unjustifiable hardship

 (1) For the purposes of this Act, in determining whether a hardship that would be imposed on a person (the first person) would be an unjustifiable hardship, all relevant circumstances of the particular case must be taken into account, including the following:
 (a) the nature of the benefit or detriment likely to accrue to, or to be suffered by, any person concerned;
 (b) the effect of the disability of any person concerned;
 (c) the financial circumstances, and the estimated amount of expenditure required to be made, by the first person;
 (d) the availability of financial and other assistance to the first person;
 (e) any relevant action plans given to the Commission under section 64.

Example: One of the circumstances covered by paragraph (1)(a) is the nature of the benefit or detriment likely to accrue to, or to be suffered by, the community.

 (2) For the purposes of this Act, the burden of proving that something would impose unjustifiable hardship lies on the person claiming unjustifiable hardship.