The Federal Disability Discrimination Act 1992 (D.D.A.) provides protection for everyone in Australia against discrimination based on disability. It encourages everyone to be involved in implementing the Act and to share in the overall benefits to the community and the economy that flow from participation by the widest range of people.
Disability discrimination happens when people with a disability are treated less fairly than people without a disability. Disability discrimination also occurs when people are treated less fairly because they are relatives, friends, carers, co-workers or associates of a person with a disability.
The DDA makes it against the law to discriminate against someone if they have a disability in the following areas of life :
The definition of “disability” in the DDA includes:
This broad definition is meant to ensure that everyone with a disability is protected.
The DDA covers a disability which people:
The DDA also covers people with a disability who may be discriminated against because:
The DDA also protects people who have some form of personal connection with a person with a disability like
relatives, friends, carers and co-workers if they are discriminated against because of that connection or relationship. For example, it is unlawful discrimination if:
A person with a disability has a right to the same employment opportunities as a person without a disability.
The Disability Discrimination Act (DDA) makes it against the law for an employer to discriminate against someone on the grounds of disability.
Employers must offer equal employment opportunities to everyone. This means that if a person with a disability can do the essential activities or “inherent requirements” of a job, he or she should have just as much chance to do that job as anyone else.
For example, an essential activity or “inherent requirement” for a telephonist’s job is the ability to communicate by telephone. But it is not an “inherent requirement’ to hold the phone in the hand.
Employers should choose the best person for the job, whether that person has a disability or not. They should make this decision based on a person’s ability to perform the essential activities of the job. They should not make assumptions about what a person can or cannot do because of a disability.
People with a disability are protected against discrimination in:
The DDA also covers contract work, and membership of partnerships of three or more people, as well as discrimination by:
For example, it is unlawful for an employment agency not to refer a person with a disability to a job if he or she can do the job.
If a person with a disability is the best person for the job then the employer must make workplace changes or “workplace adjustments” if that person needs them to perform the essential activities of the job.
In most cases the person with a disability will be able to tell the employer what is needed. If necessary, employers should also seek advice from government agencies or organisations which represent or provide services to people with a disability.
Examples of “workplace adjustments” employers may need to make include:
The DDA does not require workplace changes to be made if this will cause major difficulties or unreasonable costs to a person or organisation. This is called “unjustifiable hardship”.
A person with a disability has a right to study at any educational institution in the same way as any other student.
The DDA makes it against the law for an educational authority to discriminate against someone because that person has a disability.
This includes all public and private educational institutions, primary and secondary schools, and tertiary institutions such as TAFE, private colleges and universities.
Educators must offer a person with a disability the same educational opportunities as everyone else. This means that if a person with a disability meets the necessary entry requirements of a school or college he or she should have just as much chance to study there as anyone else.
Educators must base their decisions on a person’s ability to meet the essential requirements of the course. They should not make assumptions about what a person can or cannot do because of a disability.
The DDA protects people with a disability against discrimination in education in the following areas:
Denying or limiting access to people with a disability. For example, not allowing a person to attend excursions or join in school sports, delivering lectures in an inaccessible format, inaccessible student common rooms.
Expelling a person because of a disability, or
Subjecting a person with a disability to any other detriment.
Humiliating comments or actions about a person’s disability, such as insults, or comments or actions which create a hostile environment
If a person with a disability meets the essential entry requirements, then educators must make changes or “reasonable adjustments” if that person needs them to perform essential course-work.
For example, a student may not be able to perform dissections in a biology course because the bench is too high. The ability to reach a certain height is not an essential part of dissection. The student would be perfectly capable of performing the tasks of the lab session if provided with a lower table.
In most situations the person with a disability will be able to tell educators what he or she needs to be able to study. If necessary, educators should also seek advice from government agencies or organisations which represent or provide services to people with a disability.
Adjustments could include:
The D.D.A. does not require changes to be made if this will cause major difficulties or unreasonable costs to a person or organisation. This is called “unjustifiable hardship”.
Before considering to claim adjustments are unjustified, educators need to:
If adjustments cause hardship it is up to the education authority to show that they are unjustified.
The DDA does not require workplace changes to be made if this will cause major difficulties or unreasonable costs to a person or organisation. This is called “unjustifiable hardship”.
Before considering claiming that adjustments are unjustified, employers need to:
A person with a disability has a right to obtain goods and use services and facilities in the same way as people without a disability. This includes goods, services and facilities from:
The Disability Discrimination Act (D.D.A.) makes it against the law for providers of goods, services and facilities to discriminate against a person because of his or her disability.
This means that providers of goods, services and facilities cannot:
It also means that a person with a disability has a right to enter the premises of providers of goods, services and facilities if people without a disability can do so.
Like other areas of the D.D.A. a defence of; “unjustifiable hardship”; may be available.
A person with a disability has a right to take part in sporting activities in the same way as people without a disability.
This means a person with a disability must not be excluded from playing a sport if he or she is:
A person with a disability should also not be excluded from any administrative or coaching activities associated with the sport. For example, if a person with a disability has the necessary skills to play cricket or swim competitively, he or she cannot be excluded because of asthma or a hearing loss.
A person with a disability has a right to be a member of a club or association in the same way as a person without a disability. This includes sporting, social and licensed clubs, drama or music groups, political parties, business associations, and self-help groups.
The Disability Discrimination Act (D.D.A.) makes it against the law for clubs and associations to discriminate against a person because of his or her disability. This means clubs and associations cannot:
The Act also means that the premises and facilities of clubs and associations should be accessible to people with a disability. Like other areas of the D.D.A. a defence of “unjustifiable hardship” may be available.
A person with a disability has a right to obtain accommodation in the same way as people without a disability. This includes renting a flat, house, unit, a room in a boarding house, hotel or motel.
The Disability Discrimination Act (D.D.A.) makes it against the law for real estate agents, landlords or landladies, and other providers of accommodation to discriminate against a person because of a disability.
This means that providers of accommodation cannot:
Like other areas of the D.D.A. a defence of “unjustifiable hardship” may be available in some circumstances.
A person with a disability has a right to buy land in the same way as people without a disability.
The D.D.A. makes it against the law for a real estate agent, landowner, or other land and property agents to discriminate against a person because of his or her disability, or the disability of an associate.
This means that an agent or landowner cannot:
A person with a disability has a right to have access to places used by the public.
The Disability Discrimination Act (DDA) makes it against the law for public places to be inaccessible to people with a disability.
Places used by the public include:
This applies to existing places as well as places under construction. To comply with the DDA existing places may need to be modified to be accessible (except where this would involve “unjustifiable hardship”).
Every area and facility open to the public should be open and available to people with a disability. They should expect to enter and make use of places used by the public if people without a disability can do so.
For example:
Examples of changes which have already taken place at the request of people with a disability include:
While changes may not happen overnight, people with a disability should expect that changes will be made. A person with a disability has every right to complain when they are discriminated against because a place used by the public is inaccessible.
The DDA does not require the provision of access to be made if this will cause major difficulties or excessive costs to a person or organisation. This is called “unjustifiable
hardship”.
But before deciding that providing access is unjustified, a person or organisation should:
If adjustments cause hardship it is up to the organisation to show that they are unjustified.
The Federal Disability Discrimination Act (D.D.A.) makes disability discrimination against the law in many areas of life.
This includes provision of services of a kind provided by government. All governments in Australia – Commonwealth, State, Territory and local government – have responsibilities under the D.D.A.
This includes:
Complaints of disability discrimination are made to the Australian Human Rights Commission.
Complaints can be made by:
The Commission’s Enquiry Officers can answer confidential enquiries over the telephone, but a formal complaint must at some point be made in writing (on paper or in electronic format).
The Commission can help a person put the complaint in writing, or the person’s union, advocate or friend can help write the complaint.
The person can also give a statement to the Commission in Braille, on video or audio tape, through an advocate, or verbally.
The Commission can also assist a person to make a complaint by providing:
The Commission will investigate any complaints received that are within its area of responsibility. Where a complaint against a person or organisation appears to involve an unlawful act of discrimination, the Commission will write to the person or organisation to get their side of the story.
The Commission can also conduct an investigation if necessary. Sometimes the Commission may refer a complaint to another body.
If it appears that disability discrimination has occurred, the person or organisation will be asked to participate in a conference with a conciliator and the complainant in order to
help resolve the matter to the satisfaction of both parties. This is called conciliation.
A solicitor is not needed, but either party can engage one if they wish.
Depending on the complaint conciliation may result in:-
Where a complaint cannot be resolved by conciliation, you can take your complaint to the Federal Court for an enforceable ruling if you choose to.
The above information has been sourced from the Australian Human Rights Commission’s website – www.hreoc.gov.au