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About Disability Rights

Understand disability rights and how the Disability Discrimination Act protects people with disability from unfair treatment in Australian workplaces and

Disability rights Article 14 December 2012

Summary

The Disability Discrimination Act 1992 protects individuals across Australia from direct and indirect discrimination in many parts of public life, such as employment, education and access to premises.

Around one in five Australians has a disability. Many face significant barriers in work, study, sport, getting around and simply taking part in everyday activities.

About disability rights

Australia ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in 2008. The CRPD applies a human rights model of disability, recognizing that disability is a natural aspect of human diversity and humanity. The guiding principles of the CRPD are respect for dignity, individual autonomy, non-discrimination, inclusion and participation in society, accessibility and equality of opportunity.

Australia has also ratified the Optional Protocol to the CRPD, which allows people with disability to bring individual communications (complaints) to the United Nations Committee on the Rights of Persons with Disabilities.

Every 5 years, Australia reports to the United Nations Committee on the Rights of Persons with Disabilities on how Australia is advancing the implementation of the CRPD in a domestic context. The next report will be in 2029.

About Disability Discrimination

Disability discrimination occurs when a person is treated less favourably, or not given the same opportunities as others in a similar situation because of their disability.

The Disability Discrimination Act 1992 (Cth) makes disability discrimination unlawful and promotes equal rights, equal opportunity and equal access for people with disabilities.

Find out more

Complaints under the Disability Discrimination Act

If you believe that you have been discriminated against on the basis of your disability, you can make a complaint to the Australian Human Rights Commission. You can also have someone such as a solicitor, advocate or trade union make a complaint on your behalf.

Exemptions to the Disability Discrimination Act

The Australian Human Rights Commission can grant temporary exemptions from certain provisions of the Disability Discrimination Act 1992 (Cth). These temporary exemptions are granted under Section 55 and may be granted for up to five years at a time, subject to specific terms and conditions.

More information about exemption applications and decisions is available at Exemption applications under the Disability Discrimination Act 1992 (Cth).

About the Disability Discrimination Commissioner

The Australian Human Rights Commission, through the Disability Discrimination Commissioner, works with governments, the private sector and civil society to help individuals and organisations understand their rights and meet their legal responsibilities.

The Disability Discrimination Commissioner, conducts research and encourages reform by leading projects which further the rights of people with disability and enable them to enjoy the highest possible quality of life and community participation.

The priority areas for the Commissioner are:

  • Employment: Seeking to increase meaningful employment opportunities for people with disability through its IncludeAbility project.
  • Housing: Seeking to increase accessible housing in Australia.
  • Monitoring the standards made under the Disability and Discrimination Act.
  • Engaging with the Royal Commission into Violence, Abuse, neglect and Exploitation of People with Disability through submissions made to the Royal Commission, and now working with Government and civil society to advance the implementation of the Royal Commission's recommendations.
  • The Commissioner also promotes the implementation of CRPD in Australia.

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