An introduction to the Commission's role in disability issues
The Federal Disability Discrimination Act 1992 (the DDA) prohibits direct and indirect discrimination on the grounds of disability and makes it unlawful to discriminate on the grounds of disability in a wide range of areas including: sport, access to premises, accommodation, education, employment and the provision of goods, services and facilities. The DDA also protects the associates of people with a disability (their partners, relatives, friends, carers and co-workers) against discrimination because of that association.
Disability discrimination complaints
The Human Rights and Equal Opportunity Commission Act 1986 provides a complaints and conciliation mechanism for alleged disability discrimination. The Commission has responsibility for inquiring into complaints of alleged infringements under the DDA.
Since the commencement of the DDA, disability discrimination complaints have constituted over one third of all complaints received by the Commission, and are now close to half the complaints being received. Complaints from individuals have been more common than from organisations. The most common area of complaint is employment (generally over 40% of DDA complaints); followed by access to goods and services (over 25%) and education (around 10%).
Figures for complaints are contained in the Commission's annual reports .
Policy
The Disability Discrimination Commissioner (Graeme Innes AM) leads the Commission's policy work to promote access and equity for people with disabilities. This includes
- conducting public inquiries on systemic issues;
- other education, awareness and compliance activities;
- a major role in negotiating standards for improving access.
Public Inquiries
The public inquiry process enables broad community participation in discussion of important policy issues.
Public inquiries have been conducted at the Commission's own initiative; on exemption applications; at the request of the Attorney-General; and (by agreement with the President who has responsibility for complaint handling) in response to selected complaints raising systemic issues.
The Commission commenced its first major public inquiry in the disability area in 1990, with the National Inquiry into the Human Rights of People with Mental Illness. The report on this inquiry, which was released in 1993, highlighted the extent of mental illness in the community and raised awareness about the human rights of Australians affected by mental illness. An inquiry by the Commission into the accessibility of electronic commerce and new service and information technologies for people with disabilities and older people was completed in March 2000. A national inquiry on employment and disability was conducted during 2005-6.
Awareness, education and compliance activities
Part of the function of the Commission is to provide a public focus for disability and human rights issues. Conducting public inquiries, appearing at conferences, and using the media and the internet are some of the ways the Commission seeks to increase awareness and provide information on disability discrimination and human rights issues. The Commission also works to encourage and assist business and government organisations to be proactive in removing discrimination, for example by developing their own disability action plans, and by using the temporary exemption process under the DDA. There is also a particular disability focus in the Commission's education work for schools and in the promotion of the Commission's complaint processes.
Development of disability standards
The DDA permits "disability standards" to be made by the Attorney-General in specified areas: accommodation, administration of Commonwealth laws and programs, education, employment public transport and access to public premises. The Commission has a major role in negotiation of disability standards, together with the Attorney-General's Department, other relevant areas of government, and industry and community representatives. Standards on accessible public transport entered into force in 2002; on education in 2005; and are well advanced in the area of access to premises.