Disability Discrimination Act 1992

Administered by Attorney-General's Department

Legislation au C2004A04426 In force Act

Legislation content

Disability Discrimination Act 1992

No. 135, 1992

Compilation No. 40

Compilation date: 1 July 2026

Includes amendments: Act No. 17, 2025

About this compilation

This compilation

This is a compilation of the Disability Discrimination Act 1992 that shows the text of the law as amended and in force on 1 July 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Objects

4 Interpretation

5 Direct disability discrimination

6 Indirect disability discrimination

7 Discrimination in relation to associates

8 Discrimination in relation to carers, assistants, assistance animals and disability aids

9 Carer, assistant, assistance animal and disability aid definitions

10 Act done because of disability and for other reason

11 Unjustifiable hardship

12 Application of Act

12A Application of the Criminal Code

13 Operation of State and Territory laws

14 Extent to which Act binds the Crown

Part 2—Prohibition of disability discrimination etc.

Division 1—Discrimination in work

15 Discrimination in employment

16 Discrimination against commission agents

17 Discrimination against contract workers

18 Partnerships

19 Qualifying bodies

20 Registered organisations under the Fair Work (Registered Organisations) Act 2009

21 Employment agencies

21A Exception—inherent requirements

21B Exception—unjustifiable hardship

Division 2—Discrimination in other areas

22 Education

23 Access to premises

24 Goods, services and facilities

25 Accommodation

26 Land

27 Clubs and incorporated associations

28 Sport

29 Administration of Commonwealth laws and programs

29A Unjustifiable hardship

30 Requests for information

Division 2A—Disability standards

31 Disability standards

32 Unlawful to contravene disability standards

33 Division 5…

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

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.