DISABILITY DISCRIMINATION ACT 1992

The definition of disability used in the DDA is

Background broad. It includes physical, intellectual,
psychiatric, sensory, neurological and learning
Disability discrimination is when a person with a
disabilities. It also includes physical
disability is treated less favourably than a
disfigurement and the presence in the body of
person without the disability in the same or
disease-causing organisms, such as the HIV
similar circumstances. The Commonwealth
virus.
Disability Discrimination Act 1992 (DDA) makes
it against the law to treat people unfairly The DDA covers disabilities that people have
because of a disability. now, had in the past, may have in the future or
which they are believed to have. More
Defining disability information is available at the Australian
Definition of disability under the DDA Human Rights Commissions Guide to the DDA
The definition of disability for the purposes of (www.humanrights.gov.au/frequently-asked-
the DDA can be found in Section 4 of the Act. questions-who-protected-dda#defin).
The DDA defines disability as:
total or partial loss of the person's Discrimination under the DDA
bodily or mental functions Section 7 of the DDA makes it unlawful to
total or partial loss of a part of the body discriminate against a person because of a
the presence in the body of organisms disability or the disability of an associate, such
causing disease or illness as a friend, partner, carer or family member of
the presence in the body of organisms the person.
capable of causing disease or illness
the malfunction, malformation or Section 8 of the DDA states that discrimination
disfigurement of a part of the person's is also unlawful where it occurs because a
body person with a disability:
a disorder or malfunction that results in uses a palliative, therapeutic or assistive
the person learning differently from a device
person without the disorder or is accompanied by a carer, interpreter,
malfunction reader or assistant
a disorder, illness or disease that affects is accompanied by a guide or hearing
a person's thought processes, dog or other trained assistant animal.
perception of reality, emotions or
judgment or that results in disturbed
behaviour.
 The Commission has legislative responsibility for
A person does not gain any special rights or
inquiring into alleged infringements under the
benefits by coming within the definition of
DDA including discrimination on the grounds of
disability under the DDAonly the right not to
disability. Under the DDA there is a compulsory
be discriminated against.
conciliation process for the resolution of
discrimination complaints. Conciliators at the
What the DDA does
Commission are trained to seek a negotiated
The DDA implements Australias international resolution between parties to avoid the need
human rights obligations under the Convention for litigation. If a party is unhappy with the
on the Rights of Persons with Disabilities as well outcome of conciliation, they may commence
as obligations relating to non-discrimination proceedings in the Courts.
under other treaties, including the International
Covenant on Civil and Political Rights. The DDA and schools
The Australian Government supports the right
The DDA protects people with disability against
of children with disability to have the same
discrimination in many areas of public life,
educational opportunities as other children.
including:
This concept is reflected in the DDA. All state
employmentgetting a job, terms and
and territory education providers, including
conditions of a job, training, promotion,
government and non-government schools, must
being dismissed
comply with the DDA and the relevant disability
educationenrolling or studying in a
discrimination legislation of their state or
course at a private or public school,
territory. All education providers must also
college or university
comply with the Disability Standards for
accommodationrenting or buying a
Education 2005.
house or unit
getting or using servicessuch as About Disability Standards
banking and insurance services, services
provided by government departments, Under the DDA, the Attorney-General may
transport or telecommunication make Disability Standards to specify rights and
services, professional services like those responsibilities about equal access and
provided by lawyers, doctors or opportunity for people with a disability, in more
tradespeople, services provided by detail and with more certainty than the DDA
restaurants, shops or entertainment itself provides.
venues
accessing public placessuch as parks, Standards can be made in the areas of
government offices, restaurants, hotels employment, education, public transport
or shopping centres. services, access to premises, accommodation
and the administration of Commonwealth laws
The DDA also protects people against and programs.
harassment because of their disability, in
employment, education or in getting or using The following Standards have been made under
services. the DDA:
Disability Standards for Accessible
The DDA provides a mechanism for individuals Public Transport 2002
to make complaints and seek redress for Disability Standards for Education 2005
disability discrimination in certain areas of Disability (Access to Premises
public life, including education. If a person Buildings) Standards 2010.
believes they have been discriminated against
they can make a complaint to the Australian
Human Rights Commission about
discrimination.

2
The DDA does not provide a separate
enforcement regime for standards.
Non-compliance with a standard is an unlawful
act under the DDA in the same way that non-
compliance with one of the existing anti-
discrimination provisions is an unlawful act.

More information
Further information is available in the 2012
AHRC publication Know your rights: disability
discrimination
(www.humanrights.gov.au/publications/know-
your-rights-disability-discrimination).