Disability Law:

The Disability Discrimination Act 1992 (Cth) (“DDA”) and the Anti-Discrimination Act 1977 (NSW) (“ADA”) provide different definitions of disability. The DDA defines disability as:

a)        total or partial loss of the person’s bodily or mental functions; or

b)      total or partial loss of a part of the body; or

c)       the presence in the body of organisms causing disease or illness; or

d)      the presence in the body of organisms capable of causing disease or illness; or

e)      the malfunction, malformation or disfigurement of a part of the person’s body, or

f)        a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or

g)       a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment, or that results in disturbed behaviour, and includes a disability that presently exists, previously existed but no longer exists, may exist in the future or is imputed to a person.

The ADA defines disability as:

a)       total or partial loss of a person’s bodily or mental functions or of a part of a person’s body; or

b)      the presence in a person’s body of organisms causing or capable of causing disease or illness, or

c)       the malfunction, malformation or disfigurement of a part of a person’s body, or

d)      a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction, or

e)      a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour.

It is unlawful to discriminate against someone because of their disability. Discrimination can be either direct or indirect. Direct discrimination is where a person is treated differently, or, where 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 this non-compliance disadvantages persons with a disability.

The objective of the anti-discrimination laws is to provide equal opportunities for those living with a disability. There is also the National Disability Insurance Scheme Act 2013 (“NDIS Act”) which operates to provide protection and various forms of support to those with a disability. The object of the NDIS Act is to promote the independence of those with a disability, to facilitate their inclusion in society and to assist those with a disability in becoming a social and economic participant.

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.

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