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Australian Human Rights Law

Disability Discrimination Act 1992 (Australia)

Australia's DDA prohibits discrimination against people with disability in employment, education, accommodation, and services. The AHRC handles complaints; reasonable adjustment is required in employment unless it causes unjustifiable hardship.

Legal Definition

The Disability Discrimination Act 1992 (Cth) makes it unlawful to discriminate against a person on the ground of disability in: employment; education; access to premises; provision of goods, services, and facilities; accommodation; clubs and associations; and administration of Commonwealth laws. **Direct discrimination**: treating someone less favourably because of their disability. **Indirect discrimination**: requiring all people to comply with a condition that people with disability are less able to comply with, unless this is reasonable. **Reasonable adjustment**: employers and service providers must make reasonable adjustments to accommodate people with disability, unless doing so would impose unjustifiable hardship (assessed by the cost and disruption relative to the organisation's resources). Complaints must be lodged with the Australian Human Rights Commission (AHRC) within 6 months of the alleged act. The AHRC conciliates complaints. If conciliation fails, the matter can be taken to the Federal Court or Federal Circuit and Family Court. State-based anti-discrimination bodies also handle complaints where equivalent state laws apply.

📖 Constitutional / Statutory Basis: Disability Discrimination Act 1992 (Cth); Disability Standards for Education 2005; Disability (Access to Premises — Buildings) Standards 2010

Practical Example

A person with a physical disability is refused a job after an interview because the employer says the office is not wheelchair accessible, and the cost of modification is 'too much'. The AHRC investigates whether the modification would actually cause unjustifiable hardship — a detailed cost analysis is required.

Frequently Asked Questions

What does "reasonable adjustment" mean under Australian disability discrimination law?
A change to a job, work practice, or environment that enables a person with disability to perform a job or access a service — for example, providing screen reader software, flexible hours, or a ramp. It is required unless it would cause unjustifiable hardship (cost, disruption vs. employer size and resources).
How long do I have to file a disability discrimination complaint in Australia?
You must lodge a complaint with the Australian Human Rights Commission (AHRC) within 6 months of the alleged discriminatory act. The AHRC has limited discretion to accept out-of-time complaints in exceptional circumstances.

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