Disability Discrimination Act 1992 (Australia)
   HOME

TheInfoList



OR:

The ''Disability Discrimination Act 1992'' (Cth) is an Act passed by the
Parliament of Australia The Parliament of Australia (officially the Parliament of the Commonwealth and also known as the Federal Parliament) is the federal legislature of Australia. It consists of three elements: the Monarchy of Australia, monarch of Australia (repr ...
in which prohibits discrimination against people with disabilities in employment, education, publicly available premises, provision of goods and services, accommodation, clubs and associations, and other contexts. Discrimination is defined to include failing to make reasonable adjustments for the person. The
Australian Human Rights Commission The Australian Human Rights Commission is the national human rights institution of the Commonwealth of Australia, established in 1986 as the Human Rights and Equal Opportunity Commission (HREOC) and renamed in 2008. It is a statutory body fu ...
are given and assess complaints made under the Act.


Background

At the time of the Act's enactment, a variety of anti-discrimination acts for people with disabilities already existed in the different state legislatures, some dating back to the early 1980s. All states and territories except
Tasmania Tasmania (; palawa kani: ''Lutruwita'') is an island States and territories of Australia, state of Australia. It is located to the south of the Mainland Australia, Australian mainland, and is separated from it by the Bass Strait. The sta ...
and the
Northern Territory The Northern Territory (abbreviated as NT; known formally as the Northern Territory of Australia and informally as the Territory) is an states and territories of Australia, Australian internal territory in the central and central-northern regi ...
had anti-discrimination laws in place, and these two places had legislation under consideration. There were three reasons given for enacting a federal law: *Standardise the scope of rights offered around the country *Implement the Australian Government's obligations as a signatory to international declarations on the rights of people with disabilities. *Enable regulation of discriminatory practices of Commonwealth authorities.


Legacy

In 2004, the findings of the
Productivity Commission The Productivity Commission (PC) is the Australian Government's principal review and advisory body on microeconomic policy, regulation and a range of other social and environmental issues. The PC was created as an independent authority by th ...
's enquiry into the Act were published."Review of the Disability Discrimination Act 1992"
30 April 2004,
Productivity Commission The Productivity Commission (PC) is the Australian Government's principal review and advisory body on microeconomic policy, regulation and a range of other social and environmental issues. The PC was created as an independent authority by th ...
. The Commission found that while there was still room for improvement, particularly in reducing discrimination in employment, overall the Act had been reasonably effective. In addition, the Commission found that people with a disability were still less likely than other people to finish school, have a TAFE or university qualification, and be employed. They are more likely to have a below average income, be on a pension, live in public housing and in prison. The average personal income for people with a disability is 44 per cent of the income of other Australians.


Maguire v Sydney Olympic Committee

This case, brought by Bruce Maguire, concerned the website of the
Sydney 2000 Olympics The 2000 Summer Olympics, officially the Games of the XXVII Olympiad, officially branded as Sydney 2000, and also known as the Games of the New Millennium, were an international multi-sport event held from 15 September to 1 October ...
, and the inability of those with
vision impairment Visual or vision impairment (VI or VIP) is the partial or total inability of visual perception. In the absence of treatment such as corrective eyewear, assistive devices, and medical treatment, visual impairment may cause the individual difficul ...
s to efficiently use the website. In its decision, the
Commission In-Commission or commissioning may refer to: Business and contracting * Commission (remuneration), a form of payment to an agent for services rendered ** Commission (art), the purchase or the creation of a piece of art most often on behalf of anot ...
found that the
Sydney Organising Committee for the Olympic Games The 2000 Summer Olympics, officially the Games of the XXVII Olympiad, officially branded as Sydney 2000, and also known as the Games of the New Millennium, were an international multi-sport event held from 15 September to 1 October ...
(SOCOG) had discriminated against the complainant in contravention of s 24 of the Act, "in that the web site does not include ALT text on all images and image maps links, the Index to Sports cannot be accessed from the Schedule page and the Results Tables provided during the Games on the web site will remain inaccessible." The commission also dismissed SOCOG's claim that modifying its website to meet the requirements would cause it unjustifiable hardship and established that such hardship cannot be used to avoid liability for breaching s 24 of the Act. SOCOG was ordered to render the website accessible by 15 September 2000.


See also

*
Adaptive Physical Education Australia Adaptive Physical Education (APE) is a physical education program that accommodates the needs of students with disabilities, that may include or be a combination of mobility or physical impairments, sensory impairments, intellectual disabilities, em ...
* Disability discrimination act *
Disability Discrimination Act 1995 The Disability Discrimination Act 1995 (c. 50) (informally, and hereafter, the DDA) is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010, except in Northern Ireland where the A ...
(United Kingdom) *''
Maguire v SOCOG 1999 ''Maguire v SOCOG 1999'' was a decision of the Australian Human Rights and Equal Opportunity Commission, which ruled on 18 October 1999 that a blind man had been directly discriminated against by the failure of a government agency to provide ...
''


References

{{reflist


External links


Disability Discrimination Act 1992
in the
Federal Register of Legislation The Office of Parliamentary Counsel (OPC) is an Australian Commonwealth government agency established under the ''Parliamentary Counsel Act 1970'' (Cth) within the Commonwealth Attorney-General's portfolio. OPC drafts all government Bills that ...

Disability Discrimination Act 1992
at the
Australasian Legal Information Institute The Australasian Legal Information Institute (AustLII) is an institution operated jointly by the Faculties of Law of the University of Technology Sydney and the University of New South Wales. Its public policy purpose is to improve access to just ...

Inquiry report into the DDA
by the
Productivity Commission The Productivity Commission (PC) is the Australian Government's principal review and advisory body on microeconomic policy, regulation and a range of other social and environmental issues. The PC was created as an independent authority by th ...
, published 14 July 2004.
Australian Government Disability Policy, Programs and LegislationAustralian Human Rights Commission guide to making a complaint under the DDA
Acts of the Parliament of Australia Disability legislation Anti-discrimination law in Australia Web accessibility 1992 in Australian law Disability law in Australia