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Legislation information for providers

The Federal Disability Discrimination Act (DDA) 1992

Aims to protect people from discrimination; each state and territory also has legislation that prohibits discriminatory treatment of people with disabilities. The DDA and each of the state acts aims to protect people with disabilities from discriminatory treatment in a range of areas including education, employment and access to services, facilities and public areas.

What is disability under the Legislation?

The definition of disability under the Act is very broad to encompass physical, sensory, mental and intellectual. Disability in relation to a person means: total or partial loss of a part of the body or a disorder, illness or disease that affects a person's thought process, perception of reality, emotions or includes a disability that:

• Presently exists; or
• Previously existed but no longer exists; or
• May exist in the future;

Disability Discrimination Act, Disability Action Plans & The Disability Standards for Education

At present if a person believes that they are being discriminated against on the basis of their disability they may make a complaint under the Disability Discrimination Act (DDA) of direct discrimination, indirect discrimination or harassment. Disability discrimination is unlawful in the areas of education, employment, accommodation goods, services and facilities, clubs and associations and commonwealth laws and programs. The DDA is administered by the Human Rights and Equal Opportunity Commission (HREOC).

Action Plans are a tool for service providers to address or prevent discrimination on the basis of disability. Action Plans are described under Section 60 of the DDA.

Disability Standards in Education 2005.

The Disability Standards (Section 31) of the DDA applies to education providers. The Standards work alongside the Disability Discrimination Act and specify how education and training are to be made accessible to people with disabilities and cover enrolment, participation, curriculum development, accreditation and delivery, student support services and the elimination of harassment and victimization.

Compliance with the Standards is mandated by law and are therefore as legally enforceable as the DDA. The Standards will remedy the current uncertainty experienced by service providers and people with disabilities in how the general provisions will apply to particular areas by stating the current disability law more clearly.