Disability Discrimination Act 1992

Overview

The Disability Discrimination Act 1992 (Cth) was enacted to address the problem of discrimination against individuals on the grounds of disability. The Act was introduced by the Commonwealth Parliament with the primary objective of eliminating discrimination against people with disabilities in various areas such as employment, education, access to premises, and the provision of goods, services, and facilities. It also aims to ensure that individuals with disabilities have the same rights to equality before the law and to promote recognition and acceptance of their rights within the community. The Act was designed to align with Australia's international obligations under conventions such as the Convention on the Rights of Persons with Disabilities.

Scope and Application

The Disability Discrimination Act 1992 applies throughout Australia, including the external territories, and covers discrimination on the grounds of disability in various areas such as work, education, access to premises, accommodation, clubs, sport, and the provision of goods, facilities, services, and land. The Act also extends to the administration of Commonwealth laws and programs, aiming to eliminate discrimination and ensure equality before the law for persons with disabilities. The Act applies to Commonwealth employees, persons seeking to become Commonwealth employees, and entities or individuals involved in trade or commerce between Australia and places outside Australia, among other specified entities and individuals. Exceptions and exclusions include certain inherent requirements of work, unjustifiable hardship, special measures, superannuation and insurance decisions based on actuarial data, and specific areas such as infectious diseases, charities, pensions and allowances, migration, combat duties, and peacekeeping services. The Act also includes provisions for disability standards, exemptions, and penalties for offences, including victimisation and incitement of unlawful acts. The Australian Human Rights Commission is responsible for exercising powers conferred by the Act, reporting on disability standards, and promoting understanding and compliance with the Act. The Act also outlines the functions of the Disability Discrimination Commissioner and provides for the making of regulations necessary for carrying out or giving effect to the Act.

Key Provisions

• The Disability Discrimination Act 1992 (DDA) aims to eliminate discrimination against persons on the ground of disability, ensuring they have equal rights to equality before the law and the same fundamental rights as the rest of the community. The Act applies to discrimination in areas such as work, education, access to premises, clubs, sport, provision of goods and services, and land. It prohibits both direct and indirect discrimination and sets out specific obligations for various entities, including employers, educational authorities, and providers of goods, services, and facilities.
• Under the DDA, it is unlawful to discriminate against a person on the grounds of their disability or that of their associates, carers, assistants, assistance animals, or disability aids. Discrimination includes treating a person less favourably because of their disability or failing to make reasonable adjustments when required. Exceptions exist for situations where discrimination is necessary due to the inherent requirements of a job or if avoiding discrimination would impose unjustifiable hardship. The Act also prohibits harassment related to disability in various contexts, including employment, education, and the provision of goods and services.
• The DDA imposes various obligations on parties it governs. Employers must not discriminate against employees or prospective employees on the ground of disability in hiring, terms of employment, promotion, or dismissal. Educational authorities must not discriminate against students or prospective students based on disability. Providers of goods, services, and facilities must not discriminate against customers or prospective customers. The Act also mandates that disability standards be formulated and adhered to, with specific provisions for reasonable adjustments, preventing harassment, and addressing unjustifiable hardship.
• The DDA outlines several civil and criminal consequences for breaches. Civil penalties include compensation for unjust acquisitions of property, while criminal penalties include imprisonment for offences such as victimisation, inciting unlawful acts, and publishing discriminatory advertisements. Specific offences include committing acts of victimisation against a person on the ground of disability, with a penalty of imprisonment for six months. Additionally, there are penalties for inciting the doing of unlawful acts, publishing advertisements indicating an intention to do unlawful acts, and failing to provide actuarial or statistical data when required.
• The DDA also provides for exemptions under certain conditions, such as special measures to ensure equal opportunities for persons with disabilities, discrimination based on actuarial or statistical data in superannuation and insurance, and exemptions for certain acts done under statutory authority or in connection with infectious diseases, charities, pensions, migration, combat duties, and peacekeeping services. The Act allows for the granting of exemptions by the Australian Human Rights Commission, subject to review by the Administrative Review Tribunal.
• Lastly, the DDA includes provisions for action plans to address discriminatory practices, functions of the Australian Human Rights Commission, and miscellaneous provisions regarding delegation, liability for unlawful acts, conduct by directors and employees, and protection from civil actions.

Legal classification tags

Area of Law

Disability Discrimination Law

Human Rights Law

Instrument

Act

Concepts

Definitions & Interpretation

Commencement Provisions

Offence Provisions

Enforcement Powers

Victimisation

Regulatory Standards