Disability Discrimination Regulations 1996
Statutory Rules 1996 No. 27 as amended
made under the
Disability Discrimination Act 1992
This compilation was prepared on 4 August 2012
taking into account amendments up to SLI 2012 No. 178
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of regulations [see Note 1]
2 Interpretation
2A Exemption of things done in compliance with a prescribed law
3 Combat duties
4 Combat-related duties
5 Public transportation services and facilities — consultation before granting exemption
Schedule 1 Prescribed laws
Part 1A Laws of the Commonwealth
Part 1 Laws of New South Wales
Part 2 Laws of South Australia
Notes
1 Name of regulations [see Note 1]
These regulations are the Disability Discrimination Regulations 1996.
2 Interpretation
In these Regulations, unless the contrary intention appears:
Act means the Disability Discrimination Act 1992.
2A Exemption of things done in compliance with a prescribed law
For subsection 47 (2) of the Act, a law mentioned in Schedule 1 is prescribed.
3 Combat duties
For the purposes of subsection 53 (2) of the Act, the following duties are declared to be combat duties, namely, duties which require, or which are likely to require, a person to commit, or participate directly in the commission of, an act of violence in the event of armed conflict.
4 Combat-related duties
For the purposes of subsection 53 (2) of the Act, the following duties are declared to be combat-related duties:
(a) duties which require, or which are likely to require, a person to undertake training or preparation for, or in connection with, combat duties;
(b) duties which require, or which are likely to require, a person to work in support of a person performing combat duties.
5 Public transportation services and facilities — consultation before granting exemption
(1) For subsection 55 (1C) of the Act, the Accessible Public Transport Jurisdictional Committee is prescribed as a body that the Commission must consult in relation to all kinds of public transportation services and facilities.
(2) In this regulation:
Accessible Public Transport Jurisdictional Committee means the body so named, consisting of representatives from the Commonwealth, State and Territory government departments responsible for transport policy.
Schedule 1 Prescribed laws
(regulation 2A)
Part 1A Laws of the Commonwealth
Broadcasting Services Act 1992, Part 9D
Civil Aviation Order 20.16.3
Part 1 Laws of New South Wales
Mental Health Act 1990
Mental Health Regulations 1995
Motor Traffic Regulations 1935, clauses 10 (1) (c) and 11
Part 2 Laws of South Australia
Firearms Act 1977, sections 20 and 20A
Motor Vehicles Act 1959, sections 88 and 148
Education Act 1972, sections 75 (3) and 75A
Industrial and Employee Relations (General) Regulations 1994, regulation 11
Workers Rehabilitation and Compensation Act 1986,
section 30A and Schedule 3
Notes to the Disability Discrimination Regulations 1996
Note 1
The Disability Discrimination Regulations 1996 (in force under the Disability Discrimination Act 1992) as shown in this compilation comprise Statutory…
Overview
The Disability Discrimination Regulations 1996 were enacted under the Disability Discrimination Act 1992 to provide further detail and clarification on how the Act would be implemented. The Regulations were introduced to ensure comprehensive and effective anti-discrimination protections for individuals with disabilities in various areas, including employment, education, and public services. These Regulations were made by the Parliament of Australia, with the objective of aligning the detailed requirements of the Act with practical implementation needs, thereby enhancing the enforcement of anti-discrimination laws. They serve to support the broader policy objective of promoting equality and inclusion for people with disabilities in Australian society.
Scope and Application
The Disability Discrimination Regulations 1996, made under the Disability Discrimination Act 1992, apply to persons, entities, and industries across Australia, including the Commonwealth, states, and territories. These regulations provide detailed rules and procedures to prevent discrimination against individuals with disabilities in various areas such as employment, education, and access to services and facilities. The Act applies to any conduct or transactions that could lead to discrimination, ensuring that people with disabilities are treated fairly and with dignity. Notably, the regulations also outline specific exemptions, such as combat duties and combat-related duties, which are exempt from the discrimination provisions. Additionally, the regulations mandate consultation with the Accessible Public Transport Jurisdictional Committee before granting exemptions for public transportation services and facilities. The scope of these regulations is further extended through subordinate instruments, which allow for the inclusion of additional prescribed laws and amendments to existing ones, ensuring the regulations remain relevant and effective in addressing discrimination against people with disabilities.
Key Provisions
- The Disability Discrimination Regulations 1996, under the Disability Discrimination Act 1992, provide several key provisions. Section 2 defines the term 'Act' as the Disability Discrimination Act 1992. Section 2A identifies certain laws that are deemed to be in compliance with the Act, thus exempting actions taken in accordance with these laws from the Act's prohibitions. Section 3 specifies which duties are considered combat duties, which involve committing or participating in acts of violence in armed conflict. Section 4 outlines duties related to combat, including training and support roles. Lastly, Section 5 mandates that the Commission consult with the Accessible Public Transport Jurisdictional Committee before granting exemptions for public transportation services and facilities.
- These regulations impose several obligations on the parties they govern. For instance, entities must ensure that actions taken in compliance with prescribed laws, as listed in Schedule 1, do not contravene the Act. They must also distinguish between combat duties and combat-related duties, as defined in Sections 3 and 4. Additionally, any exemptions granted for public transportation services and facilities must involve consultation with the Accessible Public Transport Jurisdictional Committee, as specified in Section 5.
- The regulations outline various consequences for breaches. While specific penalties are not stated in the provided text, it is common under Australian law for breaches of anti-discrimination regulations to result in civil actions for damages or penalties. The severity of penalties can vary but often includes fines and, in some cases, imprisonment. The exact penalties would depend on the specific nature of the breach and the jurisdiction under which the Act is enforced.
- Area of Law
- Human Rights Law
- Disability Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Licensing & Registration
- Exemptions & Exclusions
