The Disability Discrimination Act

The Disability Discrimination Act (DDA) was passed by Federal Parliament in 1992 and came into effect on 1 March 1993. Its charter is to protect people with a disability from discriminatory treatment in a wide range of areas.

The area that has attracted most complaints under the DDA is the issue of employment. There are three important points to remember about this issue. It is the law that:

• People with a disability are given an equal opportunity to gain employment.
• A person's disability is only taken into account when it is relevant and fair to do so.
• Employment of a person with a disability may necessitate some adjustments to the work environment in order to meet the specific requirements of the person.

The relevant section of the act is as follows:

DISABILITY DISCRIMINATION ACT 1992- SECT 15

Discrimination in employment

1. It is unlawful for an employer or a person acting or purporting to act on behalf of an employer to discriminate against a person on the ground of the other person's disability or a disability of any of that other person's associates:
1. in the arrangements made for the purpose of determining who should be offered employment; or
2. in determining who should be offered employment; or
3. in the terms or conditions on which employment is offered.
2. It is unlawful for an employer or a person acting or purporting to act on behalf of an employer to discriminate against an employee on the ground of the employee's disability or a disability of any of that employee's associates:
1. in the terms or conditions of employment that the employer affords the employee; or
2. by denying the employee access, or limiting the employee's access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment; or
3. by dismissing the employee; or
4. by subjecting the employee to any other detriment.
3. Neither paragraph (1)(a) nor (b) renders it unlawful for a person to discriminate against another person, on the ground of the other person's disability, in connection with employment to perform domestic duties on the premises on which the first-mentioned person resides.
4. Neither paragraph (1)(b) nor (2)(c) renders unlawful discrimination by an employer against a person on the ground of the person's disability, if taking into account the person's past training, qualifications and experience relevant to the particular employment and, if the person is already employed by the employer, the person's performance as an employee, and all other relevant factors that it is reasonable to take into account, the person because of his or her disability:
1. would be unable to carry out the inherent requirements of the particular employment; or
2. would, in order to carry out those requirements, require services or facilities that are not required by persons without the disability and the provision of which would impose an unjustifiable hardship on the employer.

View the full text of the Disability Discrimination Act 1992.