Information Sheet - complaints under the Disability Discrimination Act
What is the Disability Discrimination Act?
The Disability Discrimination Act 1992 (the DDA) is a federal law which can be used to address discrimination in many areas of public life.
Who is this law for?
The DDA makes it against the law to treat you unfairly because of your disability. It is for anyone with a disability, whatever the disability is. You are also covered if you had a disability in the past or if people think you have a disability. People who are relatives, friends and carers of people with a disability are also protected by the DDA.
When can this law be used?
You can use the DDA to get fair treatment in:
- Work - getting a job, equal pay, training, promotion, being dismissed, getting 'reasonable adjustment' for your disability
- Education - at school or enrolling in a course at TAFE, university or other colleges
- Where you live - renting or buying a house or flat
- Getting or using services - using shops, restaurants, banks, theatres, sports and social clubs, swimming pools, public transport, dentists and doctors, insurance and superannuation, government services, and getting access to these and other public places.
You can also use the
DDA if you are harassed (like being called names or put down) because of your
disability.
What is discrimination?
The DDA covers direct and indirect
discrimination.
Direct disability discrimination happens when
a person with a disability is treated less favourably than a person without a
disability in the same or similar circumstances. For example, it would be direct
disability discrimination if you were refused entry to a nightclub because you
have a disability and use a wheelchair.
Discrimination also happens when
there is a rule or policy that is the same for everyone but has an unfair effect
on a particular group of people. This is known as indirect discrimination. For
example, requiring a deaf employee to attend meetings where no Auslan
interpreter is provided to translate what is being said could be indirect
discrimination.
The DDA sets out some
circumstances where it is not unlawful to discriminate against a person with a
disability. For example, if a person can not perform the inherent requirements
of a job because of their disability it is not unlawful for an employer to not
employ the person or to dismiss the person.
However, the employer has to consider
whether the person could perform the requirements of the job with 'reasonable
adjustment' for the disability. For example, a person with vision impairment may
be able to perform a clerical job using voice activated software.
If it would impose an 'unjustifiable
hardship' on the employer to provide the reasonable adjustment, it may not be
unlawful to discriminate against a person with a disability. For example, if the
employer was a small business and had to install a lift to make the workplace
accessible this could impose an unjustifiable hardship.
'Reasonable adjustment' and
'unjustifiable hardship' also apply in other areas covered by the DDA, such as
education, access to premises and the provision of goods, services and
facilities.
What can I do if someone discriminates against me?
You
may want to deal with the discrimination yourself by raising it directly with
the people concerned. If this does not resolve the situation, you or someone
else on your behalf – such as a solicitor or trade union – can make
a complaint to the Human Rights and Equal Opportunity Commission.
It does not cost anything to make a
complaint to the HREOC.
Your
complaint needs to be put in writing. If you are not able to put your complaint
in writing, we can help you with this. HREOC also has a complaint form to help
you make a complaint, or you can lodge a complaint by email or online through
our website
The complaint should say
what happened, when and where it happened and who was
involved.
What will happen with my complaint?
The Human Rights and Equal Opportunity Commission (HREOC) has to decide if your complaint is covered by the DDA. If it is we will investigate the complaint. If we can not deal with your complaint we will write to you and explain why.
Investigating your complaint may
include phoning or writing to the other people involved to get their side of the
story.
HREOCdoes not take sides. We will work with both parties to try to find a
solution which everyone can agree with. This is called conciliation.
If conciliation does not work, you
can choose to take your complaint to the Federal Court or the Federal
Magistrates Service.
Where can I find out more?
If you want more information about the Disability Discrimination Act or the complaint handling process you can contact the Commission.
Human Rights
and Equal Opportunity Commission
GPO
Box 5218
Sydney NSW 2001
Complaints Info
line: 1300 656 419 (local call)
TTY: 1800 620 241 (toll free)
Fax: (02) 9284 9611
E-mail: complaintsinfo@humanrights.gov.au
Web site: www.humanrights.gov.au
If you are deaf or hearing impaired, the Commission can arrange for an Auslan interpreter if this is needed. You can also communicate with us by TTY by calling 1800 620 241.
If you are blind or visually impaired the Commission can provide information in alternative formats on request.
Disclaimer: The information on this fact sheet is intended only as a guide. It is not a substitute for legal advice.
Disability discrimination legal services
There are also legal
services which provide free advice about discrimination to people with
disabilities.
NSW Disability Discrimination
Legal Centre
Ph: (02) 9310
7722
Fax: (02) 9310
7788
TTY: 1800 644
419
Toll free: 1800 800
708
Disability Discrimination Legal Service
(ACT)
Ph: (02) 6247
2018
Fax: (02) 6257
4801
TTY: (02) 6247
2018
Darwin Community Legal
Service
Ph: (08) 8982
1111
Fax: (08) 8982
1112
TTY: (08) 8982
1177
Toll free: 1800 812
953
Disability Discrimination Legal Service
(VIC)
Ph: (03) 9654
8644
Fax: (03) 6939
7422
TTY: (03) 9654
6817
Country: 1300 882
872
Disability Employment Action Centre
(VIC)
Ph: (03) 9650
2533
Fax: (03) 9650
8642
TTY: (03) 9650
9229
Toll free: 1800 332
265
Sussex St Community Law Service
(WA)
Ph: (08) 9470
2676
Fax: (08) 9470
1805
TTY: (08) 9470
2831
Central Community Legal Service
(SA)
Ph: (08) 8342
1800
Fax: (08) 8342
0899
Country: 1300 886
220
Welfare Rights Legal Centre
(Qld)
Ph: (07) 3847
5532
Fax: (07) 3847
5538
TTY: (07) 3847
5533
Cairns Community Legal
Centre
Ph: (07) 4031
7688
TTY: (07) 4031
7179
Toll free: 1800 650 197
Launceston Community Legal
Centre
Ph: (03 6334
1577
TTY: 03 6334
1949
Toll free: 1800 066
019