Youth Challenge
Teaching human rights & responsibilities.
Unit 2: Disability Rights
Back to Table of Contents || Stage 6
Resource sheet: Taking a complaint to HREOC
 The
Human Rights and Equal Opportunity Commission was established by the Australian
Parliament in December 1986. The Commission administers federal laws relating
to alleged human rights breaches and discrimination.
The Commission's responsibilities fall within four main areas:
- discrimination and human rights complaints
- human rights compliance
- public awareness and education
- policy and legislative development.
The Commission has the authority to investigate and resolve
matters of alleged discrimination and human rights breaches under five
different laws.
These laws, made by the Federal Parliament, are aimed at protecting
people from certain kinds of discrimination in public life and from breaches
of their human rights by federal departments and agencies.
Disability Discrimination
The Disability Discrimination Act 1992 helps make sure that
someone with a disability is not treated less favourably than someone
without a disability.
It is unlawful to discriminate against someone because of their
disability in these areas:
- employment
- education
- access to premises used by the public
- provision of goods, services and facilities
- accommodation
- clubs and associations
- sport
- administration of Commonwealth laws and programs.
It is not disability discrimination when a person with a disability
cannot meet the inherent requirements of a job. The inherent requirements
of a job are those things that are necessary to get the job done.
Employers are obliged to make reasonable accommodation to assist
a person with a disability to meet the inherent requirements of a job,
and are encouraged to consider how a job or a workplace can be changed
so that a person with a disability can meet the basic requirements.
The definition of 'disability' used in the Disability Discrimination
Act is very wide.
Further Information
To read about actual complaints made to HREOC and
the outcomes of conciliation visit:
http://www.humanrights.gov.au/complaints_information/register/index.html
For information about how the Disability Discrimination
Act applies in educational institutions visit: http://www.humanrights.gov.au/disability_rights/education/education.html |
It includes disabilities that are
- physical, intellectual, psychiatric, sensory and
neurological
- learning difficulties
- physical disfigurement
- the presence in the body of disease carrying organisms
- past, present
or future disabilities.
The Act also covers relatives, friends, carers and co-workers
if they face discrimination because of their relationship with a person
who has a disability.
Harassment because of disability is also against the law in
employment, education and the provision of goods, services and facilities.
This document is also available for download
in  Word and  PDF formats. |
