Section 3 : Objectives of the DDA
The DDA seeks to:
1. Eliminate discrimination against persons on the grounds of disability in:
- work, accommodation, education, access to premises, clubs and sport; and
- the provision of goods, facilities, services and land.
2. Ensure that persons with disabilities have the same rights to equality before the law as the rest of the community; and
3. Promote recognition and acceptance within the community that persons with disabilities have the same rights as the rest of the community.
Section 4 : Definitions
'accommodation' includes residential or business accommodation.
'disability' means:
- total or partial loss of the person's bodily or mental function;
- total or partial loss of a part of the body;
- the malfunction, malformation or disfigurement of a part of the person's body;
- a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgement or that results in disturbed behaviour.
'associate' denotes:
- a spouse or other relative;
- a co-habitee;
- a carer;
- a sporting, recreational or business companion, partner or colleague.
Section 5 : Direct Discrimination: less favourable treatment
Discrimination occurs if, because of a person's disability, the person is, or is proposed to be, treated less favourably than a person without the disability.
Section 6 : Indirect Discrimination: unreasonable terms and conditions
Discrimination occurs if, because of a person's disability, the person is required to comply with a requirement or condition:
- with which a substantially higher proportion of persons without the disability do or can comply; and
- which is not reasonable; and
- with which the person does not or cannot comply.
Sections 7 & 8 : Discrimination: use of devices and aids
Discrimination occurs if a person who has a disability is treated less favourably because he or she is accompanied by:
- a palliative or therapeutic device or auxiliary aid;
- an interpreter, reader, assistant or carer;
- a seeing or hearing-guide dog (or other animal).
Section 10 : Contributory reasons for discrimination
If an act is done for 2 or more reasons; and one of the reasons is the disability of a person (whether or not it is the dominant or a substantial reason for the act) then the act is regarded as being done for the disability-related reason.
Sections 15 & 17 : Discrimination in employment
A prospective or current employee (or contract worker) must not be discriminated against because of the person's disability, or the disability of any associate:
- in the terms or conditions in which the employment is offered or afforded;
- by denying access to or limiting the availability of benefits associated with employment;
- by subjecting the employee (or contract worker) to any other detriment.
Section 23 : Discrimination in access to and use of premises
Unless unjustifiable hardship applies, a person must not be discriminated against because of the person's disability, or the disability of any associate:
- by denying access to or use of public premises;
- in the terms or conditions for entry or use of such premises;
- in the means of access to such premises;
- by denying the use of public facilities in such premises;
- in the terms or conditions for use of such facilities;
- by being required to leave such premises or cease to use such facilities.
Discrimination is allowed if premises are existing, and alterations required to make them accessible would impose unjustifiable hardship on the person providing the accessibility.
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The Federal Disability Discrimination Act 1992 (D.D.A.) provides protection for everyone in Australia against discrimination based on disability. It encourages everyone to be involved in implementing the Act and to share in the overall benefits to the community and the economy that flow from participation by the widest range of people.