EQUAL OPPORTUNITIES (PERSONS WITH DISABILITY) ACT

CHAPTER 413

EQUAL OPPORTUNITIES

(PERSONS WITH DISABILITY) ACT

10th February, 2000

1st October, 2000

ACT I of 2000 , as amended by Legal Notice 426 of 2007 ; and Acts

II and XXIV of 2012 , XXIV of 2016, XXIX of 2019 and LVIII of 2021.

PART I

P RELIMINARY

The short title of this Act is Equal Opportunities (Persons

with Disability) Act.

In this Act, unless the context otherwise requires -

''Board'' means the Board established by means of article 20A;

"Commission" shall mean the Commission for the Rights of

Persons with Disability as established under article 21;

"Commissioner" means the Commissioner for the Rights of

Persons with Disability appointed according to article 21, and

includes any official duly authorised to act in his name for a

specific aim or a category of aims under this Act;

"Convention" means the United Nations Convention on the Rights

of Persons with Disabilities Act;

"Council" means the Council for the Rights of Persons with

Disability as appointed and constituted according to the provisions

of article 24;

"family member", in relation to an individual, includes -

(a) the parents;

(b) the spouse or the partner;

(c) a son, daughter, brother or sister aged eighteen years

or over;

(d) foster carers; and

(e) a legal tutor or curator, of that individual;

"mental disorder" shall have the same meaning as that provided

for under the Mental Health Act;

"Minister" means the Minister responsible for disability and the

development of this sector, and includes any person duly authorised

by the relevant Minister to act in his name for a specific act or

category of acts under this Act;

"Optional Protocol" shall have the same meaning as assigned to

it in article 2 of the United Nations Convention on the Rights of

Persons with Disabilities Act;

"Panel" means the Panel established in terms of article 33B;

"person with disability" shall have the same meaning assigned to it

in article 2 of the United Nations Convention on the Rights of

Persons with Disabilities Act;

"persons with lived experience of disability" means any persons

who would have experienced disability through regular interactions in

their personal or professional lives with persons with disability;

"substantive Convention rights" shall have the same meaning as

assigned to it in article 2 of the United Nations Convention on the

Rights of Persons with Disabilities Act;

"voluntary organisation" shall have the same meaning assigned

to it by article 2 of the Voluntary Organisations Act, the committee

of which is formed by at least fifty one per cent of persons with

disability or family members of persons with disability who cannot

represent themselves, so however that the executive functions are

exercised by persons with disability or family members of persons

with disability who cannot represent themselves. This definition

also includes groups of persons with intellectual disabilities aided

by persons without disability;

"UNCRPD Committee" shall have the same meaning as assigned to

it in article 2 of the United Nations Convention on the Rights of

Persons with Disabilities Act.

P ART II

R IGHTS OF P ERSONS WITH D ISABILITY

DELETED BY ACT LVIII OF 2021.

P ART III

D ISABILITY D ISCRIMINATION

DELETED BY ACT LVIII OF 2021.

DELETED BY ACT LVIII OF 2021.

P ART IV

P ROHIBITION OF D ISABILITY D ISCRIMINATION

DELETED BY ACT LVIII OF 2021.

P ART V

T EST OF R EASONABLENESS

(1) For the purposes of this Act, in determining the

reasonableness of any action to be undertaken by any person in the

fulfilment of the provisions of this Act or of the United Nations

Convention on the Rights of Persons with Disability Act, including

any alteration, change, and, or provision of services, facilities or

assistive means, regard shall be had by the Board as to whether such

actions could be undertaken without unjustifiable hardship.

(2) The factors to be considered in determining whether such

actions could be undertaken without unjustifiable hardship shall

include -

(a) the nature and cost of the actions in question;

(b) the overall financial resources of the person, body,

authority or institution concerned and the effect on

expenses and resources or the impact of such actions

upon the operations of such person, body, authority or

institution; and

(c) the availability of grants from public funds to defray

the expense of the said actions.

(1) There shall be a Board to determine what is

reasonable, for the object of the preceding article, appointed by the

Commissioner.

(2) The Board shall be convened whenever necessary, following a

request by the Commissioner, and for the purposes of every such

convocation, a panel of not less than three (3) and not more than seven

(7) persons shall be appointed, including the Chairperson and Vice

Chairperson of the Board.

(3) The majority of persons seated on a Board for every

convocation of the said Board shall be persons with disability, or

persons supporting persons with disability who cannot represent

themselves, and such persons shall be representatives from public

entities, experts in the sector, including technical experts, or

representatives from organisations of persons with disability, and

their selection for a particular convocation shall best reflect the

subject-matter on the agenda of a particular Board meeting.

(4) The Board shall be presided by the Chairperson, assisted by

the Vice Chairperson, who shall both be persons with disability,

appointed by the Commissioner for renewable periods of three (3)

years, who shall retain their roles throughout said period for all

convocations of the Board convened throughout the said period.

(5) The Board shall have a Secretary appointed from amongst

officials or employees appointed by the Commissioner.

(6) The quorum of the Board shall be of three members, one of

whom shall be the Chairperson or the Vice Chairperson.

(7) The validity of every Board proceeding shall not be

affected by any vacancy amongst its members or by a defect in the

appointment of a member.

(8) The decisions of the Board shall be taken by a majority of

the members present and voting. The Chairperson or, in his

absence, the Vice Chairperson, shall have an original and a casting

vote in the case of an equality of votes.

(9) Without prejudice to the provisions of this Act and of any

regulations made thereunder, the Commissioner shall regulate the

proceedings of the Board.

(10) Together with the members of the Board there may also be

appointed, as observers, competent officials, appointed by every

Ministry who may from time to time be called by the Commissioner

to assist the Board in its functions, so however that the

Commissioner may recommend particular officials for this scope.

(11) Every request made to the Board shall be made in writing;

in the case where the person intending to make a request needs support

to formulate such request in an oral form and, or in writing, it shall be

the duty of the Commissioner to take reasonable steps to provide

appropriate support to that person.

(12) There shall be no appeal from a decision of the Board.

P ART VI

C OMMISSION F OR T HE R IGHTS O F P ERSONS WITH D ISABILITY

(1) There shall be a Commission for the Rights of Persons

with Disability, which shall be styled "the Commission", and shall

be composed of the Commissioner for the Rights of Persons with

Disability, as appointed under article 21A, and a Council for the

Rights of Persons with Disability, which shall be styled "the

Council", as appointed under article 24.

(2) The juridical representation of the Commission shall be

vested in the Commissioner.

(1) The Prime Minister shall, after consultation with the

Minister, appoint the Commissioner for the Rights of Persons with

Disability, who as far as possible shall be a person with disability,

who shall be styled "the Commissioner".

(2) A person shall not be qualified to hold the office of a

Commissioner if that person

(a) is a Minister, Parliamentary Secretary, Member of the

House of Representatives; or

(b) is serving as a judge or magistrate; or

(c) is bankrupt, or has made an arrangement with his

creditors, or is insolvent or guilty of a voluntary

offence against the person; or

(d) has been found guilty of an offence which impinges on

public trust or theft or fraud, or knowingly received

property acquired through theft or fraud, of an offence

against the good order of the family, or a breach of a

provision of this Act or of the Convention; or

(e) is not capable to perform his duties; or

(f)

is a member of an organisation of, or for, persons with

disability.

(3) When the person appointed as Commissioner was, before

such appointment, a public officer, such person shall continue to

hold such office but shall not hold any other office which is

i n c o m p a t i b l e w i t h t h e e x e r c i s e o f h i s o ff i c i a l d u t i e s a s a

Commissioner for the Rights of Persons with Disability or with the

independence and impartiality expected from this office or from the

public trust therein.

(4) In the exercise of the functions established under this Act,

the Commissioner shall act independently and shall not be subject

to any direction or control of any person or other authority.

(5) Without prejudice to the provisions of sub-article (6), the

Commissioner shall hold office for a period of three years, and

shall be eligible for a reappointment upon termination of such

period.

(6) Unless he vacates the office before termination, the person

appointed as Commissioner shall continue to hold office until

another Commissioner is appointed.

(7) The Commissioner may at any time resign from office by

writing to the Minister.

(8) The Commissioner may at any time be removed or

suspended from office by the Prime Minister after consultation

with the Minister for the reasons of proven inability to exercise his

functions as a Commissioner or proven misbehaviour or an

unjustified absence of more than fourteen consecutive days or

twenty-eight days within a period of twelve months.

(9) The Prime Minister may, at any time, during the absence of

the Commissioner, or for any other temporary purpose when the

Commissioner deems it fit to do so, appoint a person to act in his

office according to this article, until the Commissioner resumes his

responsibilities under this Act; so however that the person so

appointed shall be eligible to hold such office according to this Act.

(1) The Commission, whilst paying particular attention to

the different needs of persons with disability, shall -

(a) (deleted by Act LVIII of 2021).

(b) (deleted by Act LVIII of 2021).

(c) effect monitoring in order to ascertain that all

government programmes concerning the affairs and

interests of persons with disabilities, their families and

voluntary bodies working in the field of disability

issues, are implemented in accordance with national

policies for disability issues;

(d) (deleted by Act LVIII of 2021).

(e) (deleted by Act LVIII of 2021).

(f)

monitor the provision of services offered by

government or its agencies or by any other person or

EQUAL OPPORTUNITIES (PERSONS WITH DISABILITY)

group of persons, where the clients of such services

are persons with disability;

(g) work towards the elimination of discrimination against

people with disabilities;

(h) carry out general investigations with a view to

determining whether the provisions of this Act are

being complied with;

(i)

investigate such complaints as may be made to them of

failure to comply with any provision of this Act in an

individual case and, where it seems appropriate,

conciliate in relation to such complaints, or otherwise

take relevant action in respect of enforcement;

(j)

inquire into, and make determinations on, matters

referred to it by the Minister;

(k) provide, where and as appropriate, assistance, to

persons with disabilities in enforcing their rights under

this Act;

(l)

keep under review the working of this Act and, when

deemed fit by the Commission or so required by the

Minister, draw up and submit to the Minister proposals

for amendments to same;

(m) examine enactments, and (when requested to do so by

the Minister) propose enactments, for the purpose of

ascertaining whether the enactments or proposed

enactments are or would be, inconsistent with or

contrary to the objects of this Act, and to report to the

Minister the results of any such examination;

(n) provide all such services that may be necessary or

required for the Commission to attain its objectives;

(o) collate, analyse and publish statistics related to the

disability sector which, inter alia, indicates the

national level achieved in inclusive policy;

(p) have the power to take any appropriate action,

including proportionate administrative measures and

judicial action, to eliminate discrimination on the basis

of disability as defined in this Act;

(q) raise awareness and foster respect for the rights and

dignity of persons with disabilities, to combat

stereotypes, prejudices and harmful practices relating

to persons with disabilities, including those based on

gender and age, in all areas of life;

(r) raise awareness about the capabilities

and

contributions of persons with disabilities;

(s) provide the independent mechanism to promote,

protect and monitor the implementation of the United

Nations Convention on the Rights of Persons with

Disability and any of its Optional Protocols as ratified

by Malta;

(t)

to monitor Guardianship Orders;

(u) monitor facilities offering services to persons with

disability and licensed in terms of the Social Care

Standards Authority Act, and to undertake relevant

investigations and compliance and enforcement

actions in respect of such;

(v) fulfil the role of market surveillance authority in terms of

Directive (EU) 2019/882 on the accessibility

requirements for products and services, through its

Investigations Unit and Enforcement Unit.

(2) The Commissioner is responsible to carry out the functions

of the Commission; provided that, the Commissioner may appoint,

in accordance with the provisions of article 26(2), the officers

whom he deems required, in order to ensure that the functions of

the Commission are carried out.

(3) The Commissioner may, on behalf of the Commission,

pursue all required actions, including judicial actions, to ensure

that the provisions of this Act are adhered to, and he shall be

deemed to have the required juridical interest on behalf of the

Commission.

(1) The Commissioner may appoint one or more officials

or employees to appear and act in his name and on his behalf in any

judicial proceeding and on every act, contract, agreement or any

other document.

(2) A document which shows that it is an instrument made or

issued and signed by the Commissioner shall be approved as

evidence and shall, unless the contrary is proven, be deemed as an

instrument made or issued by the Commissioner.

(1) There shall be a Council for the Rights of Persons with

Disability appointed by the Minister, to aid the Commissioner in

the exercise of his duties, made up of the Commissioner who shall

preside and not less than fourteen members appointed by the

Minister.

(2) Amongst the Council members, who shall represent

different types of disability and be representative of society, there

shall be

(a) nine members who are representative of voluntary

organisations of persons with disability, after

consultation with those voluntary organisations;

(b) a member who is a representative of the University of

Malta;

(c) a member who is a representative of the entities which

provide services to persons with disability;

(d) a member who is a representative of residential homes

for persons with disability;

(e) a member nominated by the Government; and

(f)

a member nominated by the Opposition

So however that at least half of the total number of

members of the Council shall be persons with disability or family

members of persons with disability who cannot represent

themselves.

(3) Together with the Commissioner and the members of the

Council there shall be appointed, as observers, competent officers

by every Ministry who may from time to time be called upon by the

Commissioner to assist him in his work, so however that the

Commissioner may recommend particular officers for this scope.

(4) A person shall not be qualified to be a member on the

Council if that person

(a) is serving as a judge or magistrate; or

(b) is bankrupt, or has made an arrangement with his

creditors, or is insolvent or guilty of a voluntary

offence against the person; or

(c) has been found guilty of an offence which impinges on

public trust or theft or fraud, or knowingly received

property acquired through theft or fraud, or an offence

against the good order of the family, or the breach of a

provision of this Act or of the Convention; or

(d) is not capable to perform his duties.

(5) Without prejudice to the provisions of sub-article (6), the

members of the Council shall hold such position for three years,

and shall be eligible for reappointment as members when the period

of such office terminates.

(6) A member may at any time resign from his office by writing

to the Minister.

(7) A member may at any time be removed or suspended from

office by the Commissioner as a result of

(a) proven inability to perform his functions as member of

the Council; or

(b) proven misbehaviour; or

(c) unjustified absence for more than three consecutive

meetings; or

(d) if, being a chosen member due to his representative

state, he stops from holding that representative state;

or

(e) in the case of the happening of one of the

circumstances provided for under sub-article (4).

(1) The Commissioner shall have a right to regulate the

proceedings of the Council.

(2) Without prejudice to sub-article (1), the quorum for Council

meeting shall be six members present together with the

Commissioner.

(3) The proceedings of the Council shall be valid

notwithstanding any defect in the appointment of a member, or in

the vacancy of any of the members of the Council.

(1) The Commissioner shall occupy the post on a full-time

basis. When the Commissioner is a public officer seconded from

the Government, he shall have the right, upon termination of his

secondment, to return to the post he used to occupy without losing

his position or seniority.

(2) The Commissioner may appoint, the officers whom he

deems required, according to the approval of the Minister with

reference to the number, remuneration and terms and conditions of

other services.

(3) The Commissioner shall treat as confidential, all documents

and any other information which is in his possession or under his

control, or which in any manner is brought to his attention, and

which concerns persons with disability together with any other

matter or other affairs related to the relevant person with disability,

and the obligation of confidentiality as so put on the Commissioner

shall extend to the officers and employees of the Commission.

(1) The Prime Minister may, at the request of the

Commission, from time to time direct that any public officer shall

be detailed for duty with the Commission in such capacity and with

effect from such date as may be specified in the direction.

(2) The period during which a direction as aforesaid shall

apply to any officer specified therein shall, unless the officer retires

from the public service, or otherwise ceases to hold office at an

earlier date, or a different date is specified in the direction, end on

the happening of any of the following events, that is to say -

(a) the acceptance by such officer of an offer of transfer to

the service of, and permanent employment with the

Commission made in pursuance of sub-article (8); or

(b) the revocation by the Prime Minister of any direction

made by him under this article in relation to such

officer.

(3) Where a direction as aforesaid is revoked by the Prime

Minister in relation to any officer, the Prime Minister may, by

further direction, detail such officer for duty with the Commission

in such capacity and with effect from such date as may be specified

in the further direction, and the provisions of sub-article (2) shall

thereupon apply to the period of duration of such further direction

in relation to such officer.

(4) When a public officer is detailed for duty with the

Commission under any of the provisions of this article, such officer

shall, during the time the direction has effect in relation to him, be

under the administrative authority and control of the Commission,

b u t he s h a l l f o r o t h e r i n t e n t s a n d p u r p o s e s r e m a i n , a n d b e

considered and treated as, a public officer.

(5) Without prejudice to the generality of the foregoing, a

public officer detailed for duty as aforesaid -

(a) shall not during the time while such officer is so

detailed -

(i)

be precluded from applying for a transfer to a

department of the Government in accordance

with the terms and conditions of service attached

to the appointment under the Government held

by him at the date on which he was detailed for

duty; or

(ii) be so employed that his remuneration and

conditions of service are less favourable than

those which are attached to the appointment

under the Government held by him at the date he

was detailed for duty as aforesaid or which

would have become attached to such

appointment, during the said period, had such

officer not been detailed for duty with the

Commission; and

(b) shall be entitled to have his service with the

Commission considered as service with the

Government for the purpose of any pension, gratuity

or benefit under the Pensions Ordinance and the

Widows’ and Orphans’ Pension Act, and of any other

right or privilege to which he would be entitled, and

shall be liable to any liability to which he would be

liable, but for the fact that he is detailed for duty with

the Commission.

(6) Where an application is made as provided in sub-paragraph

(i) of paragraph (a) of sub-article (5), the same consideration shall

be given thereto as if the applicant had not been detailed for duty

with the Commission.

(7) The Commission shall pay to the Government such

contributions as may from time to time be determined by the

Minister responsible for Finance in respect of the cost of pensions

and gratuities earned by an officer detailed for duty with the

Commission as aforesaid during the period in which he is so

detailed.

(8) The Commission may, with the approval of the Prime

Minister, offer to any public officer detailed for duty with the

Commission under sub-article (2) permanent employment with the

Commission at a remuneration and on terms and conditions

specified in the offer.

(9) Every public officer who accepts permanent employment

with the Commission offered to him pursuant to this article shall,

for all purposes other than those of the Pensions Ordinance and the

Widows’ and Orphans’ Pensions Act, cease to be in the service of

the Government and shall enter into service with the Commission

with effect from the date of his acceptance of the offer, or such

other date agreed between him and the Commission; and for the

purposes of the said Ordinance and the said Act, service with the

Commission shall be deemed to be service with the Government

within the meaning thereof

Provided that for the purposes of the said Pensions

O rd in ance , th e p ensi on abl e e mo lu m ent s of such o ffice r on

retirement shall be deemed to be the pensionable emoluments

payable to an officer in Government service in a grade and at an

incremental level corresponding to the post and incremental level at

which the officer retires from the Commission.

At least two months prior to the end of the financial year,

the Commission shall submit to the Minister, a business plan

(including a financial plan) covering the proposed activities of the

Commission during the following financial year. If approved by the

Minister and by the Minister of Finance, such business plan, shall

be the approved budget of the Commission.

(1) At least two months prior to the end of its financial

year, the Commission shall submit to the Minister, a business plan

(including a financial plan) covering the proposed activities of the

Commission during the following financial year. If approved by the

Minister and by the Minister for Finance, such business plan shall

be the approved budget of the Commission.

(2) The Commission shall keep proper accounts of its income

and expenditure and shall prepare and send to the Minister

statements of account in relation to each financial year of the

Commission.

(3) The accounts of the Commission may be audited by the

Auditor General and for this purpose the provisions of the Public

Finance Management Act shall apply.

(4) The Minister shall, at the earliest opportunity, cause to be

laid on the Table of the House of Representatives a copy of such

accounts of the Commission.

(5) The financial year of the Commission shall be the twelve

months ending on the 31st of December, provided that the first

financial year of the Commission after the coming into force of this

Act shall commence on the date of the coming into force of this Act

and shall end on the 31st day of December of the following year.

(1) As soon as practicable after the end of every calendar

year, but in any case not later than the 31st day of March of the

following year, the Commission shall submit to the Minister a

report on its activities during the year, hereinafter referred to as an

"Annual Report".

(2) Each Annual Report shall include a general report of

developments during the period to which it relates in respect of

matters falling within the scope of the duties of the Commission

and shall also include activities and initiatives undertaken to

examine and, or, provide for the different needs of persons with

disabilities.

(3) The Minister shall, as soon as practicable, but in any case

not later than two months after its submission, to him by the

Commissioner, cause a copy of such report together with copies of

the current Commissioner business plan and the financial plan, to

be laid before the House of Representatives.

The Commission shall be exempt from any liability for the

payment of income tax.

P ART VII

A CCESS T O J USTICE

TITLE 1 – COMPLAINTS, INVESTIGATIONS AND ENFORCEMENT

(1) The Commission shall have the power to carry out

inspections and investigations on any occasion and for any purpose

related to the responsibilities and functions pertaining to the said

Commission under the Act and subsidiary legislation made thereunder,

as well as any other applicable law, including but not limited to the

A c c e s s i b i l i t y St a n d a r d s f o r A l l i n t h e B u i l t E n v i r o n m e n t

Regulations. Saving as otherwise provided for in this Act, the

Commission shall have exclusive jurisdiction in relation to matters

involving any substantive Convention rights, or otherwise brought

under any provisions of this Act, unless the discrimination alleged in

such matters is of a multiple or intersectional nature, and shall also

have the power to enforce sanctions in conformity with the Act. The

C o m m i s s i o n e r m a y, o n b e h a l f o f t h e C o m m i s s i o n , i n i t i a t e

investigations on any matter involving an act that allegedly breaches

any of the substantive Convention rights, or otherwise violates any of

the provisions of this Act.

(2) The Commissioner may also initiate investigations on the

receipt of a complaint in writing alleging that a person has

committed an act that is unlawful in terms of any substantive

Convention rights, or otherwise under any provisions of this Act. Such

complaint may be lodged with the Commissioner by

(a) any person aggrieved by the act; or

(b) any person referred to in article 33A of this Act.

(3) If it appears to the Commissioner that a person wishes to

make a complaint under sub-article (2) and that person requires

assistance to formulate the complaint orally and, or, in writing, it

shall be the duty of the Commissioner to take reasonable steps to

provide appropriate assistance to that person.

(4) In the exercise of the powers mentioned in the previous

sub-articles, the Commissioner shall be assisted by the following

mechanisms

(a) an Investigations Unit within the Commission to carry

out investigations of complaints; and

(b) an Enforcement Unit within the Commission to take

the following measures in respect of any person who

infringes any provision of the Act, or any other law

which the Enforcement Unit is entitled to enforce, or

who fails to comply with any decision given by the

Investigations Unit or the Test of Reasonableness

Board

(i)

impose an administrative fine in accordance

with the provisions of this Act; and

(ii) order the cessation of any act or omission which

are in breach of any provision of the Act and any

other law which the Enforcement Unit is entitled

to enforce;

(c) the Investigations Unit and Enforcement Unit shall

also serve towards the Commission’s fulfilment of its

role as market surveillance authority in respect of

Directive (EU) 2019/882 on the accessibility

requirements for products and services, acting in

conjunction with other relevant stakeholders locally

and at European Union level, and in line with other

relevant primary and secondary legislation.

(5) In exercising the duties in terms of this article, the

Commission shall be granted the right of entry into any premises,

public or private, for the purposes of

(a) carrying out investigations, inspections, or surveys;

(b) ascertaining that nothing contrary to the provisions of

the Act, to the regulations made thereunder, or to any

term imposed by any of the Investigations Unit, or the

Test of Reasonableness Board, is taking, or has taken

place, and proceeding with any action accordingly;

(c) ascertaining or reproducing such data or information

as the Commission may require;

(d) making plans of any premises and registering audio-

visual footage of the said premises after entry in

accordance with this sub-article;

(e) doing anything that is ancillary or consequential

thereto.

(6) In the case of a dwelling house or a condominium, such

right of entry, inspection and monitoring as provided for in this

Act, shall be subject to giving prior notice of at least forty-eight

(48) hours, except in cases of emergency, and shall not apply before

half past seven in the morning and after seven o’clock in the

evening, and where such entry, inspection or monitoring is refused,

it shall be lawful for any Magistrate, on good cause being shown to

him by the Commissioner, or by one of his authorised officers on

oath, to grant a warrant authorizing such entry, inspection or

monitoring.

(7) The Minister shall, by means of regulations made under

this Act, establish penalties in respect of when a person refuses to

permit entry, or else obstructs inspection or monitoring, when the

warrant issued pursuant to sub-article (6) is produced, and when a

person obstructs, threatens, attacks or impedes any officer of the

Commission in the exercise of his duties under the Act.

(8) Any person authorised pursuant to this article shall produce a

means of identification issued by the Commission.

(1) The Enforcement Unit shall act after being duly

authorised to do so by the Investigations Unit following its

investigations carried out as provided for in this Act.

(2)

Notwithstanding the provisions of sub-article (1), where the

Enforcement Unit has prima facie evidence that the infringement

represents an immediate hardship for the aggrieved party, the said

Enforcement Unit may be directed by the Investigations Unit to take

urgent interim measures to remedy the situation in advance of the

termination of the investigations process, including the immediate

cessation of the act or omission contributing to the infringement

Provided that the person against whom such measures are

contemplated, shall, thereafter, be given a reasonable opportunity to

state his opinion and propose any remedies.

In conducting its investigations, the Investigations Unit

shall be guided by the principle of reasonableness as established in

article 20, and may consult with the Board to determine what is

reasonable as the case may be, with investigations being suspended

pending the outcome of any such reference by the Investigations Unit

to the Board.

The Minister shall, by means of regulations made under this

Act, enact provisions in respect of administrative fines issued in terms

of this Act.

(1)

The Administrative Review Tribunal shall be

competent to hear and determine appeals from decisions of the

Investigations Unit as provided for in this Act or in any law.

(2)

The provisions of the Administrative Justice Act, in so far

as they apply to the Administrative Review Tribunal, shall apply to

any proceedings before said Tribunal, and the words "public

administration" in the said law shall be construed as a reference to the

Investigations Unit.

(1)

The right to appeal to the Tribunal shall be competent

to any person to whom the decision is addressed.

(2)

An appeal from a decision of the Investigations Unit shall

be made by application and shall be filed with the Secretary of the

Tribunal within twenty (20) days from the date on which said decision

has been notified.

In determining an appeal, the Tribunal shall take into account

the merits of the appeal, and may confirm or annul the decision

appealed from, in whole or in part, and shall give in writing the

reasons for its decision, and cause such decision to be made public and

communicated to the parties to the appeal.

(1) In respect of general investigations or investigations of

complaints undertaken by the Commissioner, the Minister shall

prescribe by regulations -

(a) the procedure whereby the Commissioner may require

a person to furnish any information as is necessary for

the investigations aforesaid in this article, and the

time, manner, and form in which such information is to

be furnished;

(b) the procedures to be followed where a person fails to

supply such information;

(c) the circumstances in which, following these

investigations aforesaid, the Commission may take

appropriate legal action.

(2) Any regulations made under sub-article (1) shall prescribe,

in the case of an alleged discrimination by one person against

another, the arrangements whereby the Commissioner may himself

refer the matter to the First Hall of the Civil Court

Provided that no such referral shall prevent an individual

having a legal interest from making a claim of discrimination the

subject of an action, including an action for damages before the

said Court.

TITLE 2 – LEGAL REDRESS

Any association, organisation or any legal entity which has

a legitimate interest in ensuring that the provisions of this Act are

complied with, may institute, on behalf or in support of the person

against whom an unlawful act of discrimination has been

committed under this Act, with his or her approval, proceedings for

redress before the UNCRPD Redress Panel or the competent Court.

(1) There shall be a Panel within the Commission, to be

referred to as the UNCRPD Redress Panel, competent to hear petitions

alleging that one or more substantive Convention rights have been, are

being, or are likely to be contravened, and it shall be composed of

three (3) persons, including a Chairperson, being persons with

disability or persons with lived experience of disability, appointed by

the Commissioner, who may from time to time appoint more than one

Panel.

(2)

Saving as otherwise provided for in this Act, the Panel shall

have exclusive jurisdiction in relation to matters involving any

substantive Convention rights, unless the discrimination alleged in

such matters is of a multiple or intersectional nature.

(3)

The persons composing the Panel shall be appointed for a

term of two (2) years, and during their term of office they may only be

removed from office by the Commissioner on the same grounds as for

the removal of a Magistrate.

(4)

The Panel shall be tasked with determining any petition,

submitted to it by any person with disability on their own behalf, or by

any person on behalf of any other person with disability for whom, or

with whom, they are authorised to exercise legal capacity.

(5)

The Panel shall respect and apply the principles of good

administrative behaviour laid down in article 3 of the Administrative

Justice Act, and in delivering its decisions, the Panel shall be guided

by the provisions of the United Nations Convention on the Rights of

Persons with Disabilities Act, including the Schedules annexed

thereto.

(6)

There shall be such number of chambers of the Panel as the

Commissioner may prescribe. The petitions shall be assigned to the

various Panels on a rotation basis, by such officers as are designated

by the Registry of the Panel.

The procedures before the Panel shall be regulated by means

of regulations made by the Minister under this Act.

(1)

Any petitioner or defendant in a petition brought

before the Panel may appeal from a decision of the said Panel within

twenty (20) days from the date that such decision is communicated to

the petitioner and the defendant.

(2)

An appeal under this article shall be made to the

Administrative Review Tribunal in accordance with the procedure laid

down under the Administrative Justice Act and regulations prescribed

thereunder.

(1)

Any person who alleges that one or more substantive

Convention rights have been, are being, or are likely to be

contravened, and is seeking a remedy of a pecuniary nature exceeding

the sum of five thousand euro (€5,000), whether or not such remedy is

sought in conjunction with any other form of relief, or is a person other

than a person described in article 33B(4), may, without prejudice to

any other action with respect to the same matter that is lawfully

applicable, apply to the First Hall of the Civil Court for redress, and

the said Court shall have exclusive jurisdiction in relation to any such

matters, unless the discrimination alleged in such matters is of a

multiple or intersectional nature.

(2)

The First Hall of the Civil Court shall have original

jurisdiction to hear and determine any application made by any person

in pursuance of article 33E(1), and may make such orders, issue such

acts and give such directions as it may consider appropriate, for the

purpose of enforcing, or securing the enforcement, of the rights in

question

Provided that the Court may, if it considers it expedient to

do so, decline to exercise its powers under this sub-article in any case

where it is satisfied that adequate means of redress for the alleged

infringement are, or have been available to the person concerned under

any other ordinary law.

(3)

If in any proceedings in any Court other than the First Hall

of the Civil Court, or the Constitutional Court, any question arises as

to the infringement of any of the substantive Convention rights, the

said Court shall refer the question to the Panel or to the First Hall of

the Civil Court, depending on whether such question would fall within

the scope of articles 33B(4) and 33C read jointly, or of article 33E(1)

of this Act, unless in its opinion the raising of the question is merely

frivolous or vexatious; and that Court shall give its decision on any

question referred to it under this sub-article and, subject to the

provisions of article 33E(4), the Court in which the question arose

shall dispose of the question in accordance with that decision.

(4)

Any party to proceedings brought before the First Hall of

the Civil Court in pursuance of this article shall have a right of appeal

to the Constitutional Court which, in addition to the jurisdiction

conferred on it by article 95 of the Constitution, shall have jurisdiction

to hear and determine all appeals in terms of this sub-article and

exercise all such powers as are conferred on it by this Act.

(5)

No appeal shall lie from any determination under this article

that any application or the raising of any question is merely frivolous

or vexatious.

(6)

The Rules of Court made in accordance with article 46(7) of

the Constitution, as in force from time to time, shall apply mutatis

mutandis to the practice and procedure of the Courts for the purpose of

this article, as if the proceedings instituted under this article were

proceedings instituted under article 46 of the Constitution.

(7)

Where it is alleged that any of the substantive Convention

rights have been, are being, or are likely to be contravened, the

demand for redress, or the reference to the First Hall of the Civil in

accordance with article 46 of the Constitution, or article 4 of the

European Convention Act and this article may be made in the same

application or reference.

(8)

Where an application for redress or any reference to the

First Hall of the Civil Court is made exclusively either under article 46

of the Constitution, or under article 4 of the European Convention

Act, or under this article, and is still pending before the First Hall of

the Civil Court, or the Constitutional Court, the Court may examine

whether or otherwise the alleged facts complained of are in breach of

the corresponding substantive Convention rights, in the first case; or of

corresponding rights enforceable under the Constitution, or under the

European Convention Act, in the second case; and if the Court so

determines, it may order accordingly the redress it may deem

appropriate under any of the aforesaid laws

Provided that if a final decision on an application has

already been given by the Courts in terms of Chapter IV of the

Constitution or in terms of the European Convention Act, a person

shall be prohibited from filing an action based on the same facts under

this Act.

(1)

No person shall be hindered in the exercise of his

right to communicate with the UNCRPD Committee in accordance

with the provisions of the Optional Protocol.

(2) The provisions of this Act shall be without prejudice to any

other action that may be available under the Act, or under any other

law.

(Deleted by Act LVIII of 2021).

(Deleted by Act LVIII of 2021).

P ART VIII

M ISCELLANEOUS

The Minister may make regulations generally for giving effect

to the provisions of this Act, and the enforcement thereof, and in

particular, but without prejudice to the generality of the foregoing, for

providing for any matter which is required or authorised by this Act to

be prescribed.

(Deleted by Act LVIII of 2021).

When another law, not being the United Nations Convention

on the Rights of Persons with Disabilities Act, is inconsistent with

this Act this Act shall prevail when such inconsistency regards the

rights of a person with disability.

Any competent Court that has before it pending proceedings

instituted under the Act may also apply the provisions of the Equal

Opportunities (Persons with Disability) (Amendment) Act and, or the

United Nations Convention on the Rights of Persons with

2021. Disabilities Act in reaching its decision on any pending proceedings.