Disability Discrimination Regulations 2019

Administered by Attorney-General's Department

Legislation au F2019L01186 Regulations In force Legislative Instrument

Legislation content

Disability Discrimination Regulations 2019

made under the

Disability Discrimination Act 1992

Compilation No. 1

Compilation date: 2 December 2021

Includes amendments up to: F2021L00673

Registered: 2 December 2021

About this compilation

This compilation

This is a compilation of the Disability Discrimination Regulations 2019 that shows the text of the law as amended and in force on 2 December 2021 (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. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

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.

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. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

3 Authority

5 Definitions

Part 2—Exemptions from prohibition of disability discrimination

6 Exemption of things done in compliance with a prescribed law

7 Combat duties

8 Combat‑related duties

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

Part 1—Preliminary

 

1  Name

  This instrument is the Disability Discrimination Regulations 2019.

3  Authority

  This instrument is made under the Disability Discrimination Act 1992.

5  Definitions

  In this instrument:

Act means the Disability Discrimination Act 1992.

Part 2—Exemptions from prohibition of disability discrimination

 

6  Exemption of things done in compliance with a prescribed law

Commonwealth

 (1) For the purposes of subsection 47(2) of the Act, the following laws of the Commonwealth are prescribed laws:

 (a) Part 9D of the Broadcasting Services Act 1992;

 (b) regulations 121.270, 121.275, 133.225, 133.230, 135.265 and 135.270 of the Civil Aviation Safety Regulations 1998;

 (c) regulation 131.405 of the Civil Aviation Safety Regulations 1998, including the Part 131 Manual of Standards to the extent it prescribes requirements for the purposes of paragraph (1)(b) of that regulation.

New South Wales

 (2) For the purposes of subsection 47(2) of the Act, the following laws of New South Wales, as in force from time to time, are prescribed laws:

 (a) Mental Health Act 2007 (NSW);

 (b) Mental Health Regulation 2013 (NSW);

 (c) paragraphs 56(1)(e), 60(1)(c) and (d), subclause 60(2), paragraphs 65(1)(a) and (b), clause 86, paragraph 96(4)(h) and subclause 122(4) of the Road Transport (Driver Licensing) Regulation 2017 (NSW).

South Australia

 (3) For the purposes of subsection 47(2) of the Act, the following laws of South Australia, as in force from time to time, are prescribed laws:

 (a) subsection 75(3) and section 75A of the Education Act 1972 (SA);

 (b) regulation 10 of the Fair Work (General) Regulations 2009 (SA);

 (c) section 20 of the Firearms Act 2015 (SA);

 (d) section 80 of the Motor Vehicles Act 1959 (SA).

7  Combat duties

  For the purposes of the definition of combat duties in subsection 53(2) of the Act, 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 are declared to be combat duties.

8  Combat‑related duties

  For the purposes of the definition of combat‑related duties in 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.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Disability Discrimination Regulations 2019

13 Sept 2019 (F2019L01186)

1 Oct 2019 (s 2(1) item 1)

 

Civil Aviation Legislation Amendment (Flight Operations—Fees and Other Consequential Amendments) Regulations 2021

1 June 2021 (F2021L00673)

Sch 2 (item 13): 2 Dec 2021 (s 2(1) item 5)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.....................

rep LA s 48D

s 4.....................

rep LA s 48C

Part 2

 

s 6.....................

am F2021L00673

Schedule 1................

rep LA s 48C

 

 

Overview

The Disability Discrimination Regulations 2019 were enacted under the Disability Discrimination Act 1992 to provide detailed rules and exemptions in relation to the prohibition of disability discrimination. These regulations were introduced to address the gap in providing clarity and specific guidelines to complement the overarching provisions of the Act. They were made by the Australian government, as evidenced by their registration on the Federal Register of Legislation. The primary policy objective of these regulations is to ensure that people with disabilities are protected against discrimination in various aspects of life, while also allowing for exemptions where necessary to balance other important considerations, such as national security and public safety. This compilation of the regulations, as of 2 December 2021, reflects the current amendments and legal status, ensuring that practitioners have access to the most recent version of the law.

Scope and Application

The Disability Discrimination Regulations 2019, made under the Disability Discrimination Act 1992, apply to conduct and transactions involving discrimination against individuals with disabilities. These regulations encompass individuals, entities, and various industries within the Commonwealth, as well as certain laws and regulations of New South Wales and South Australia. They aim to provide exemptions from the prohibition of disability discrimination in specific circumstances, such as when actions are in compliance with prescribed laws or when they involve combat duties or combat-related duties. The geographic and jurisdictional reach extends to federal laws and specific state laws, ensuring a comprehensive approach to protecting individuals with disabilities from discrimination. This legislation also notes any exclusions, exemptions, or thresholds pertinent to the application of the Act, providing a clear framework for its enforcement. Furthermore, the Act may be extended or restricted through subordinate instruments, allowing for flexibility in addressing new situations or specific needs within the scope of disability discrimination.

Key Provisions

The Disability Discrimination Regulations 2019 (the "Regulations") are made under the Disability Discrimination Act 1992 (the "Act"). These Regulations provide for specific exemptions from the prohibition of disability discrimination, aligning with certain prescribed laws and duties. The Regulations themselves are structured into preliminary sections and sections detailing exemptions from discrimination prohibitions. Section 1 of the Regulations states the name of the document, while section 3 identifies the authority under which the Regulations are made, which is the Disability Discrimination Act 1992. Section 5 provides definitions of terms used within the Regulations, such as "Act," which refers to the Disability Discrimination Act 1992. Section 6 of the Regulations lists specific Commonwealth laws that are considered prescribed laws for the purposes of subsection 47(2) of the Act. This includes certain parts of the Broadcasting Services Act 1992 and specific regulations under the Civil Aviation Safety Regulations 1998. Additionally, section 6 also lists prescribed laws from New South Wales and South Australia, such as the Mental Health Act 2007 (NSW) and the Education Act 1972 (SA), which align with the Act’s prohibition of disability discrimination. Section 7 declares duties that require or 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 as combat duties. Section 8 further defines combat-related duties, including duties that require or are likely to require a person to undertake training or preparation for combat duties or to work in support of a person performing combat duties. The Regulations impose obligations on parties and entities by identifying specific laws and duties that exempt certain actions from the prohibition of disability discrimination. For instance, actions taken in compliance with prescribed Commonwealth, New South Wales, or South Australian laws are exempt from the Act's discrimination prohibitions. Failure to comply with the Act’s provisions or the Regulations may result in civil or criminal consequences. However, the specific offences, penalties, or consequences are not detailed within the Regulations themselves. Penalties for breaches of the Act are outlined in the Act itself and can include fines and, in some cases, imprisonment. The maximum penalties are determined by the severity of the breach and are set out in the Act. For example, individuals found guilty of discrimination may face fines of up to $222,200, while corporations may face fines of up to $1,111,000. The Act also provides for the possibility of criminal sanctions, including imprisonment, for particularly serious breaches.

Legal classification tags

Area of Law
Disability Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Exemptions & Exclusions
Regulatory Standards

Interactions

Authorises

All Versions

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.