Commonwealth Disability Discrimination Act (DDA)

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 & 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 can not comply.”

Sections 7 & 8 : Discrimination: use of devices & 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.

Section 11 : Unjustifiable hardship

In determining what constitutes unjustifiable hardship, the following will be considered:

• any resulting benefit or detriment for persons concerned;
• the effect of a disability of a person concerned;
• the financial circumstances and the estimated expenditure required to be made by the person claiming unjustifiable hardship; and
• in the case of the provisions of services, or the making available of facilities – an action plan given to the Commission.

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 22 : Discrimination in education

(1) It is unlawful for an educational authority to discriminate against a person on the ground of the person’s disability:

(a) by refusing or failing to accept the person’s application for admission as a student; or
(b) in the terms or conditions on which it is prepared to admit the person as a student.

(2) It is unlawful for an educational authority to discriminate against a student on the ground of the student’s disability:

(a) by denying the student access, or limiting the student’s access, to any benefit provided by the educational authority; or
(b) by expelling the student; or
(c) by subjecting the student to any other detriment.

(2A) It is unlawful for an education provider to discriminate against a person on the ground of the person’s disability:

(a) by developing curricula or training courses having a content that will either exclude the person from participation, or subject the person to any other detriment; or
(b) by accrediting curricula or training courses having such a content.

(3) This section does not render it unlawful to discriminate against a person on the ground of the person’s disability in respect of admission to an educational institution established wholly or primarily for students who have a particular disability where the person does not have that particular disability.

Section 23 : Discrimination in access to & 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.

Section 24 : Discrimination in access to & use of goods, services and facilities

Unless unjustifiable hardship applies, a person must not be discriminated against because of the person’s disability, or the disability of any associate

• by refusing to provide goods or services or to make facilities available; or
• in the terms or conditions on which goods or services are provided, or facilities are made available; or
• in the manner in which goods or services are provided or the facilities made available.

Discrimination is allowed if providing the goods or services, or making the facilities available, would impose unjustifiable hardship on the person providing or making them available.

Section 25: Discrimination in accommodation

Unless unjustifiable hardship applies, a person must not be discriminated against because of the person’s disability, or the disability of any associate:

• by refusing application for accommodation; or
• in the terms or conditions under which accommodation is offered; or
• by deferring application for accommodation or according a lower order of precedence in any list of applicants for accommodation.
• by denying or limiting access to any benefit associated with accommodation ; or
• by eviction from accommodation; or
• by subjection to any other detriment related to accommodation; or
• by disallowing reasonable alterations to accommodation if:

1. the person has undertaken to restore the accommodation to its condition before alteration on leaving the accommodation; and
2. it is likely that the person will perform the undertaking; and
3. the action required to restore the accommodation to its condition before alteration is reasonably practicable; and
4. the alteration does not involve alteration of the premises of any other occupier; and
5. the alteration is at the person’s own expense.

Discrimination is allowed if special accommodation services or facilities would be required and their provision would impose unjustifiable hardship on the person providing or proposing to provide the accommodation

Download the Full Disability Discrimination Act