Disability Discrimination:

There are key pieces of legislation which cover disability law in Australia including the Federal Disability Discrimination Act 1992 (“DDA”) and NSW’s Anti-Discrimination Act 1977 (“ADA”).

It is unlawful under both the DDA and ADA to discriminate against someone because of their disability or a perceived disability. Discrimination can be either direct or indirect. Direct discrimination is where a person is treated differently, or, it is proposed that they be treated differently than another person without that disability would be in circumstances that are not materially different. Indirect discrimination is where a person with a disability is required to comply with a requirement or condition, and, because of their disability they do not or cannot comply with the requirement or condition, and in situations where the requirement or condition will disadvantage persons with a disability.

The ADA and DDA aims to promote equal opportunity in the workplace and equal access to accommodation, educational services and institutions, premises, goods, services and facilities, clubs and associations, sports and government laws and programs.

Under the DDA, individuals can lodge complaints of disability discrimination and harassment with the Australian Human Rights Commission (“AHRC”), or a complaint can be lodged under the ADA with the Anti-Discrimination Board, however there are time limits to submit a complaint so legal advice should be obtained immediately. Once a complaint is lodged, the AHRC and ADA seek to resolve the matter by way of informal processes such as conciliation. If the complaint is not resolved at this stage, the matter may be transferred from the Anti-Discrimination Board to the NSW Civil & Administrative Tribunal (known as NCAT), or from the AHRC to a Federal Court, for determination.

If you believe you have been discriminated against we can assist by providing you with legal advice as to your rights and entitlements and assist you with the complaint’s process. We can also provide legal assistance if you have had a complaint lodged against you or your company. Our team at Navado can advise you as to your prospects of defending the claim and provide you with legal representation at the necessary stages of the complaint. 

If you wish to speak with one of our Disability Lawyers, please contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au.

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.