Disability discrimination and the law
The Disability Discrimination Act 1992 makes it unlawful to discriminate against a person in many areas of public life.
Overview
The Disability Discrimination Act 1992 (Cth) (the Act) makes disability discrimination unlawful in Australia.
It promotes equal rights, opportunity and access.
About the Disability Discrimination Act
If you have a disability, the Act protects you against discrimination in many areas of public life, including:
- Employment: For example, when someone is trying to get a job, equal pay or promotion.
- Education: For example, when enrolling in a school, TAFE, university or other colleges.
- Access to premises used by the public. For example, using libraries, places of worship, government offices, hospitals, restaurants, shops, or other premises used by the public.
- Provision of goods, services and facilities: For example, when a person wants goods or services from shops, pubs and places of entertainment, cafes, video shops, banks, lawyers, government departments, doctors, hospitals and so on.
- Accommodation: For example, when renting or trying to rent a room in a boarding house, a flat, unit or house.
- Buying land: For example, buying a house, a place for a group of people, or drop-in centre.
- Activities of clubs and associations. For example, wanting to enter or join a registered club, (such as a sports club, RSL or fitness centre), or when a person is already a member.
- Sport: For example, when wanting to play, or playing a sport.
- Administration of Commonwealth Government laws and programs: For example, when seeking information on government entitlements, trying to access government programs, wanting to use voting facilities.
Everyone has the right to be safe and free from discrimination, regardless of disability.
Access our quick guide for employers.
Who does the Act protect?
The definition of disability in the Act includes:
- physical
- intellectual
- psychiatric
- sensory (like vision or hearing impairments)
- neurological
- learning
- the presence of disease-causing organisms in the body.
This broad definition is meant to ensure that every person with a disability is protected.
The Act covers disabilities that people:
- currently have
- had in the past (like a previous episode of mental illness)
- might have in the future (such as a disability that runs in the family)
- are believed to have (for example, if others think someone has AIDS).
The Act also protects people who have a personal connection with a person with a disability like relatives, friends, carers and co-workers.
Complaints under the Disability Discrimination Act
If you believe you've been discriminated against or harassed, you can make a complaint to the Commission. Someone can also make a complaint on your behalf.
What does the Disability Discrimination Act not cover?
Like other anti-discrimination laws, the Act says that in some circumstances treating someone differently because of their disability won’t be against the law. This is known as an exception or exemption.
For example, the Act says it may not be against the law to refuse to employ a person with a disability, if they can't do the essential parts of the job because of their disability.
Learn about disability discrimination the workplace.
More protections under the Act
- Getting an education
- Buying goods and using services
- Joining in sport activities
- A place to live (accommodation)
- The ins and outs of access (public places)
- A responsible government
What can I do if I experience discrimination?
You may want to deal with the situation yourself by raising it directly with the person or people involved or with a supervisor, manager or discrimination/harassment contact officer.
Making a complaint to the Commission
If this does not resolve the situation, or you do not feel comfortable doing this, you can make a complaint to the Commission. You can also have someone such as a solicitor, advocate or trade union make a complaint on your behalf.
