Timeline

The Disability Discrimination Act 1992 (Cth)

The Disability Discrimination Act 1992 (Cth) (‘DDA’) commenced on March 1st 1993.

The three key objectives of the DDA are to:

• eliminate ‘as far as possible’ discrimination on the ground of disability
• ensure ‘as far as practicable’ equality before the law for people with disability
• promote community acceptance of the rights of people with disability.

Disability is broadly defined in the legislation to include physical, intellectual, sensory, neurological and psychiatric disabilities as well as including people who may have a disease causing organism and people with an imputed disability (being treated as if you have a disability). People like relatives, friends, and carers are also protected if they are discriminated against because of association with someone with a disability.

Initially, the DDA was conceived as part of a strategy to increase economic and social participation for people with disability. However, the DDA is now broader in its scope after the government accepted advice from the Australian Human Rights Commission and disability groups regarding the need to address broader social change in the areas of education, transport and telecommunications.

At its introduction, Deputy Prime Minister Brian Howe described the vision of the DDA as,

‘...a fairer Australia, where people with disabilities can participate in the life of the community in which they live, to the degree that they wish; where people with disabilities can gain and hold meaningful employment that provides wages and career opportunities that reflect performance; where control by people with disabilities over their own bodies, lives and future is assumed and ensured...' (Brian Howe quoted by G Innes, Groundhog Day or New Horizon?, (Speech delivered at the 2012 National Deafness Sector Summit, Melbourne, April 29, 2012)

Links:

• Australian Centre for Disability Law, Using Disability Discrimination Law in NSW
• Australian Human Rights Commission, A brief guide to the Disability Discrimination Act
• Australian Human Rights Commission, Disability Discrimination: know your rights
• Disability Discrimination Act 1992 (Cth)
• Brian Howe quoted by G Innes, Groundhog Day or New Horizon?, (Speech delivered at the 2012 National Deafness Sector Summit, Melbourne, April 29, 2012)

Report of the National Inquiry into the Human Rights of People with Mental Illness (a.k.a. The Burdekin Report)

The Report of the National Inquiry into the Human Rights of People with Mental Illness (also known as the Burdekin Report) was publicly released in October 1993, after being tabled in Parliament. The inquiry found that people with a psychosocial disability were among the most vulnerable in our community, suffering from widespread systemic discrimination and the denial of rights and services to which they were entitled. The recommendations of the inquiry led to some positive changes to mental health policy in Australia, particularly a move towards deinstitutionalization and protecting the rights of those who are institutionalized. Many of the observations noted in the report remain relevant today as the Disability Discrimination Act has been significantly less effective in changing community attitudes and furthering the rights of people with psychosocial disabilities.

Links:

• Australian Human Rights Commission, Report of the National Inquiry into the Human Rights of people with Mental Illness

1994, The story of Maurice Corcoran

Maurice Corcoran and many others in South Australia could not catch a bus because buses were not accessible for people who use wheelchairs. When the South Australian government announced that they were going to order 50 new buses (at a cost of $23 million), Maurice lodged a complaint because these buses were not low floor accessible buses. The Australian Human Rights Commission negotiated a settlement, under which the South Australian government agreed to make all new buses accessible by having ramps fitted in them. This was the first of a number of successful complaints in the area of access to public transport. These complaints led to negotiations - through the federal government - with state and territory governments resulting in the agreement of the Accessible Public Transport Standards 2002.

These achievements represent more than just getting from A to B. They are about ‘access with dignity’ (Maurice Corcoran, Productivity Commission Report, 2004) and fuller participation in education, employment and social life for people with disabilities. However, it must be noted that these improvements have mainly occurred in cities and many regional areas still experience access issues.

Links:

• Australian Human Rights Commission, Transport Accessibility
• Podrights with Maurice Corcoran

X v Tasmania

A man with a mental illness lodged a complaint after his employment contract was terminated. He argued that he had been discriminated against on the grounds of his disability. Although the employer had been informed the man had a medical condition, he was not aware of its specific nature. The President of the Commission held that the complainant had been discriminated against because of manifestations of a disability. The President concluded that he had not been given a fair chance to show he could carry out the requirements of his job after he returned from sick leave.

Despite this successful outcome, the overall picture is much less positive. The 2012 Mental Health Report Card noted that ‘the proportion of people with a mental health condition who are not in the labour force is more than one and a half times compared with the general population (32% compared to 21%)’. (National Mental Health Commission, A Contributing Life: the 2012 National Report Card on Mental Health and Suicide Prevention)

Links:

• X v Tasmania [1994] HREOCA 15
• Australian Human Rights Commission, Commission Determinations 1994
• Australian Government, National Mental Health Commission, A Contributing Life: the 2012 National Report Card on Mental Health and Suicide Prevention (a.k.a. the 2012 Mental Health Report Card)

Kevin Cocks v State of Queensland

In 1994, the Brisbane Convention and Exhibition Centre was constructed with a 27 step staircase at the front entrance. However, the wheelchair accessible entrance was 43 metres away through a back entrance lift. Kevin Cocks, who uses a wheelchair, lodged a complaint to the Queensland Anti-Discrimination Tribunal (‘the Tribunal’) under the Queensland equivalent of the Disability Discrimination Act 1992 (Cth) (‘DDA’), the Queensland Anti-Discrimination Act 1991 (Qld) (‘QADA’). The Tribunal found that the failure to provide equal access to the front entrance of the Convention Centre was unlawful discrimination and ordered the construction of a lift.

This case was a landmark decision in terms of access to premises for people with disability and led to amendments of the DDA and the development of the Access to Premises Standards 2011. Kevin Cocks says this case ‘focused industry attention on the lawful requirements for equitable access to public premises…Prior to Cocks v QLD many developers and building owners were indifferent to the DDA and the QADA.’ (Australian Human Rights Commission, Don't judge what I can do by what you think I can't: Ten years of achievements using Australia's Disability Discrimination Act, 2003)

Links:

• Australian Human Rights Commission, Access to Premises
• Australian Human Rights Commission, Don’t judge what I can do by what you think I can’t: Ten years of achievements using Australia’s Disability Discrimination Act
• Cocks v State of Queensland [1994] QADT 3
• Queensland Anti-Discrimination Act 1991 (Qld)

Between 1995 and 1998, considerable effort was spent by the Commission and various other bodies to develop disability standards on employment. The Australian Human Rights Commission published a Draft Disability Standards for Employment on their website. Despite this effort, no agreement was reached due to the difficulty of finding a balance between standards that were too specific to apply in all employment situations and those that were too general. This difficulty remains and many barriers to employment are still present today. In the report, Disability Australia 2009, the Australian Bureau of Statistics found that ‘labour force participation remained low at around 54%, compared to almost 90% for people without disabilities.’ (G Innes, One Size Does Not Fit All, (Speech delivered at the Australian Network on Disability Conference, Darling Harbour, May 11, 2012).

Links:

• Australian Human Rights Commission, Draft DDA Disability Standards: Employment
• G Innes, One Size Does Not Fit All, (Speech delivered at the Australian Network on Disability Conference, Darling Harbour, May 11, 2012).

Captioning Inquiry

One of the major means for promoting awareness and compliance with the Disability Discrimination Act has been the conduct of public inquiries. In 1998, the Commission conducted a general inquiry on captioning issues. As noted by Dr. John Byrne, a leading disability advocate in these processes, ‘the cinema captioning inquiry led to the introduction of captioned new release English language films in the capital cities of all Australian states and territories from May 2001.’ Furthermore he says, ‘the free to air television inquiry resulted in an offer from the industry to significantly increase captioning and to make a joint approach to the Federal Government to make captioning capacity mandatory on all imported television sets.’ (Australian Human Rights Commission, Don’t judge what I can do by what you think I can’t: Ten years of achievement using Australia’s Disability Discrimination Act, 2003). Despite these achievements, a lack of resources limits the Commission’s capacity to conduct public inquiries.

Links:

• Australian Human Rights Commission, Disability Rights, Captioning page
• Australian Human Rights Commission, Don’t judge what I can do by what you think I can’t: Ten years of achievement using Australia’s Disability Discrimination Act, 2003

FounDDations: reflections on the first five years of the Disability Discrimination Act in Australia

The Disability Discrimination Act (‘DDA’) turns 5 years old in 1998. The then Disability Discrimination Commissioner, Elizabeth Hastings, said in her 5 year report card of the DDA, ‘I believe the Commission has laid the foundations upon which non-discriminatory structures will be built in the future. Much that has been done is load bearing infrastructure rather than grand edifice…The grand edifices will be manifest when people who have disabilities know equality before the law, integrity of their person, and a place in the political life of Australia.’

Link:

• Australian Human Rights Commission, FounDDations: reflections on the first five years of the Disability Discrimination Act in Australia

Guidelines for Providers of Insurance and Superannuation

In March 1998, the Australian Human Rights Commission developed guidelines on the application of the Disability Discrimination Act (‘DDA’) to insurance and superannuation in cooperation with industry associations and disability representatives. The guidelines aimed to clarify the difference between lawful and unlawful discrimination in providing insurance and explaining what exclusions are reasonable in offering insurance to people with a disability. The Commission has used the DDA to encourage insurance industry reforms but progress has been slow and significant concerns remain about the effectiveness of the DDA in this area.

Link:

• Australian Human Rights Commission, Guidelines for Providers of Insurance and Superannuation

Woodhouse v Wood Cofill Funeral Pty Ltd

John Woodhouse filed a complaint against Wood Cofill Funeral Pty claiming he had been unlawfully terminated based on his disability. John was employed at the funeral home and was required to carry coffins as part of his daily duties. Although John wore a prosthetic foot and had been employed previously with no problems, Wood Cofill Funerals argued that John could not safely perform his tasks. John’s complaint was successful and the Commission found that training him to carry the coffins correctly would not have amounted to an ‘unjustifiable hardship’ for Wood Cofill Funerals. The Commission, therefore, found that John had been discriminated against by being dismissed from his employment and awarded him $16,730 in damages.

Links:

• Australian Human Rights Commission, Commission Determinations 1998
• Woodhouse v Wood Cofill Funeral Pty Ltd [1998] HREOCA 12

Ian Cooper on behalf of North Coast Dial Inc. v. Coffs Harbour City Council

Ian Cooper lodged a complaint with the Australian Human Rights Commission because his local cinema did not have wheelchair access. In 1998, the Commission found that this breached the Disability Discrimination Act (‘DDA’). In May 2000, the Commission found that the Council was also at fault for approving the development of the cinema. This is because councils, when determining development applications, are required to take the DDA into account. This landmark case established the principle that approval by a local government does not protect developers from liability under the DDA as well as the liability of councils in permitting a discriminatory development.

Links:

• Ian Cooper on behalf of North Coast Dial Inc. v. Coffs Harbour City Council (1998) HREOCA
• Ian Cooper, President North Coast Dial Inc v Coffs Harbour City Council [1998] HREOCA 42

The story of Dr. John Byrne

Dr. John Byrne, who is deaf, complained to the Australian Human Rights Commission (‘the Commission’) that he could not go to his local cinema and enjoy movies with his family. When the Commission received this complaint they realised that John was raising an issue that applied to film exhibiters across Australia. As a result, the Commission launched a public inquiry into this issue. Lengthy negotiations with the cinema industry eventually led to the Cinema Access Implementation Plan which was announced in 2010. Initially, there were twelve sessions screened three times a week. By the end of 2014, it will be 242 screens, at every session. Dr. John Byrne remembers, ‘the introduction of television to Australia in the 1950s. For deaf people, initial excitement quickly gave way to frustration.’ (Australian Human Rights Commission, Don’t judge what I can do by what you think I can’t: Ten years of achievement using Australia’s Disability Discrimination Act, 2003) In recognition of the DDA’s success, Byrne states, ‘I consider much more progress has occurred in the decade since the passage of the Disability Discrimination Act than occurred in the previous thirty years.’ (Australian Human Rights Commission, Don’t judge what I can do by what you think I can’t: Ten years of achievement using Australia’s Disability Discrimination Act, 2003)

Links:

• Australian Human Rights Commission, Captioning
• Australian Human Rights Commission, Don’t judge what I can do by what you think I can’t: Ten years of achievement using Australia’s Disability Discrimination Act, 2003

The story of Jeff Heath

Lodging complaints does not always result in a successful outcome; however, many complaints are successfully conciliated and can address individual instances of discrimination although most of these complaints do not lead to systemic change. Many have found the process to be stressful, time consuming and unnecessarily complex. In 1999 Jeff Heath, a wheelchair user and advocate from South Australia, lodged a complaint under the Disability Discrimination Act (‘DDA’). In the 1980s, Jeff took out a post box at the Adelaide Post Office. The ramp to the Post Office was dangerously steep and despite years of writing letters and attending meetings, the ramp remained virtually unusable. He recalls that, ‘for nearly 12 months we held meetings, conciliation hearings and briefings, but nothing was resolved.’ (Australian Human Rights Commission, Don’t judge what I can do by what you think I can’t: Ten years of achievements using Australia’s Disability Discrimination Act, 2003) It took another 5 court appearances and nearly another year to find a solution. In reminiscing he says, ‘most people recognize that the DDA is a powerful weapon. The urge to use it can be strong. However, it’s my observation that most discrimination is unintentional and the result of ignorance. As a result, I’m of the view that the legislation, like the sword, should be saved as a tool of last resort.’ (Australian Human Rights Commission, Don’t judge what I can do by what you think I can’t: Ten years of achievements using Australia’s Disability Discrimination Act, 2003)

Link:

• Australian Human Rights Commission, Don’t judge what I can do by what you think I can’t: Ten years of achievements using Australia’s Disability Discrimination Act

Garity v Commonwealth Bank of Australia

Sally Garity has a vision impairment and she was not being given equal access to promotional and training opportunities like other workers. She lodged a complaint with the Australian Human Rights Commission against her employer, the Commonwealth Bank of Australia. Commissioner Nettlefold found that Sally had been discriminated against and awarded her $153,500 in damages. The Garity decision was significant because it emphasises the importance of reasonable accommodation in disability discrimination law.

Links:

• Australian Human Rights Commission, Commission Determinations
• Garity v Commonwealth Bank of Australia [1999] HREOCA 2

Entry into force of the Human Rights Legislation Amendment Act (No.1) 1999

The Human Rights Legislation Amendment Act 1999 (Cth) entered into force in April 2000. Previously, the Australian Human Rights Commission (‘the Commission’) could act as a tribunal, making legally binding determinations. The courts would only become involved if the Commission’s decisions were not complied with. For constitutional reasons, this power was removed, meaning that the Commission, from this date on, could only conciliate complaints. Legally binding determinations in disability discrimination cases can now only be made by the Federal Court or the Federal Magistrates Court of Australia.

Links:

• Human Rights legislation Amendment Act (No.1) 1999

Electoral Access

The Commission received a complaint by Jackie Matters that the 1999 Newcastle Local Government elections were not accessible. Jackie Matters alleged that her mother, who walked with the aid of crutches, and her father, who has a partial hearing and vision impairment, found it extremely difficult to get access to the local polling booth. After trying 2 booths, they waited in their car for an Electoral Commission officer to bring them their voting slips. Barriers which prevent people with disabilities from exercising their right to vote independently and in secret have less day-to-day impact than barriers in some other areas of life. However, equal electoral access clearly has great significance for equality of citizenship. The Australian Human Rights Commission undertook an inquiry into this issue. As a result, in 2000 the Electoral Council of Australia agreed to review access and set national standards to improve access to polling booths for people with disabilities.

Links:

• Australian Human Rights Commission, Paving the way to Electoral Equality: New Access Standards for Polling Booths, 15 May 2000

Mobile Phones and Hearing Aids Inquiry Report

During the development of the Disability Discrimination Act (‘DDA’), advocates lobbied most heavily in the area of access to telecommunication services and equipment. Following the DDA’s enactment, this issue continued to receive much attention and has been an area where the DDA has made significant change in improving accessibility. In July 1999, a group of persons with hearing impairments lodged a complaint with the Commission. The complaint alleged unlawful discrimination in that people who use hearing aids are prevented from using digital mobile phones due to electromagnetic interference. The Commission undertook an inquiry into this issue and the complaint was successfully conciliated when Telstra, Optus and Vodafone launched a scheme which offered the provision of free or reduced cost accessories to facilitate access to the GSM mobile network, or the opportunity to swap to the CDMA technology in some circumstances, where a person meets certain eligibility criteria.

Links:

• Australian Human Rights Commission, Report of Inquiry: Mobile Phones and Hearing Aids, July 2000

Scott and Bernadette Finney on behalf of Scarlett Finney v The Hills Grammar School

The parents of Scarlett Finney, a child with spina bifida applied to enrol her in kindergarten at the Hills Grammar School. On the application, they provided the details of her disability which requires her to use a wheelchair, and outlined her particular needs. However, Scarlett was refused enrolment on the basis of her disability. The Australian Human Rights Commission found that Scarlett had been discriminated against and the Hills Grammar School was ordered to pay $42,628 in damages. This case was significant as it was the first case alleging disability discrimination against a private school and the first to test the defence of unjustifiable hardship in relation to school enrolments. As well, this case helped establish the principle that schools must make reasonable adjustments for children with disability so they have an equal chance to learn.

Links:

• Finney v the Hills Grammar School [2000] HREOCA 23
• Scott and Bernadette Finney on behalf of Scarlett Finney v The Hills Grammar School

Bruce Lindsay Maguire v Sydney Organising Committee for the Olympic Games

Just like most other Australians in the lead up to the 2000 Sydney Olympic Games, Bruce Maguire wanted to order tickets to the various sports and wanted to be able to look at the Sydney Olympic Games website with his kids. He was prevented from doing so because the ticket book for the Olympic Games could not be produced in Braille and the website was not accessible to someone who uses a screen reader. The Australian Human Rights Commission (‘the Commission’) found that Bruce had been discriminated against and ordered the Sydney Olympic Games Organizing Committee to carry out its responsibilities under the Disability Discrimination Act – produce the ticket book in Braille and make the website accessible. They refused to do both of these things. When Bruce went back to the Commission after the Games having still not enjoyed those experiences, he was awarded damages of $20,000. This was the world’s first successful legal challenge in relation to web accessibility and it had a significant impact on increasing the information that is accessible on the web. It also led the federal government to adopt the W3C web content accessibility guidelines for all its agencies.

Links:

• Australian Human Rights Commission, Bruce Lindsay Maguire v Sydney Organising Committee for the Olympic Games 2000
• Australian Human Rights Commission, Maguire v SOCOG 1999
• Australian Human Rights Commission, World Wide Web Access: Disability Discrimination Act Advisory Notes

Voluntary Banking Standards introduced

The Australian Bankers’ Association introduced voluntary industry banking standards following an inquiry conducted by the Australian Human Rights Commission into access to e-commerce. These standards include detailed specifications on how to make ATMs, internet, telephone and EFTPOS services more accessible to people with disability. In addition to implementing better technology, many banks have begun developing action plans on how to make their services more accessible.

Link:

• Australian Human Rights Commission, Wheelchair Accessible Taxi inquiry report: findings and directions

Wheelchair Accessible Taxi Inquiry: Findings and Directions

In 2002, the Commission released its report on an inquiry into wheelchair accessible taxi services. The inquiry found widespread problems of late arrival or non-arrival of accessible taxis. This would have an impact on the ability to participate in employment, education and social activities. This problem remains relevant today for the Disability Discrimination Act has been less effective in relation to taxis than in relation to improving public transport in urban areas.

Links:

• Australian Human Rights Commission, Accessibility of electronic commerce and new service and information technologies for older Australians and people with disability: Report of the Human Rights and Equal Opportunity Commission, May 2000
• Australian Bankers’ Association Inc., Four Industry Standards

Access to university course materials

The Australian Human Rights Commission (‘the Commission’) has heard a number of complaints relating to the access of university course materials. One such complaint concerns a student with a vision impairment who alleged that course materials, while provided in electronic format, were not accessible via the student's screen reader. The complaint was settled with the university agreeing to make a number of improvements to its services to students with disabilities including the development of a Disability Action Plan, the purchase and testing of improved text conversion software, and expanding the role of its Disability Liaison Officer. In May 2002, in light of this issue, the Commission held a forum on access to tertiary education course materials. Participants included numerous universities from across Australia, disability representatives, publishers, the Copyright Agency, the Attorney-General's Department and the Department of Education, Science and Training. The Forum was very successful and recommendations for improved access to university course materials were agreed upon by all participants. These recommendations included the provision by publishers of electronic formats as well as improved coordination and production of materials in accessible formats.

Link:

• Australian Human Rights Commission, Storm or Sea Change: meeting the Challenges of Providing Tertiary Materials in Accessible Formats for Students with print Disabilities

Disability standards for accessible public transport introduced

The Disability Standards for Accessible Public Transport commenced in 2002. The purpose of these Standards is to enable public transport operators to remove discrimination from public transport services. The Transport Standards provide greater clarity regarding the obligations under the Disability Discrimination Act (‘DDA’) and sets out minimum access requirements for transport and transport related infrastructure including the full compliance of vehicles by 2022. Before the introduction of the Transport Standards, there was no effort to remove discrimination in relation to public transport. Overall, the accessibility of transport has increased with the introduction of the DDA.

Links:

• Attorney-General’s Department page link to Disability standards for accessible public transport
• Australian Government, Department of Infrastructure and Transport, 2007 Review of the Disability Standards for Accessible Public Transport
• Australian Human Rights Commission, Transport Accessibility
• Disability Standards for Accessible Public Transport Guidelines 2004 (No.2)

10 Year Report Card on the Disability Discrimination Act

The Disability Discrimination Act (‘DDA’) turned 10 years old in 2003. Despite the successes of the DDA, there still remains much to be done before we have achieved full participation and equality for people with disability. The then Disability Discrimination Commissioner, Dr. Sev Ozdowski noted in the Commission’s 10th anniversary publication, that the key achievements of the first 10 years are:

• Thousands of disability discrimination complaints have been dealt with.
• Standards for accessible public transport have been adopted and already widely implemented.
• Telecommunications access has improved for deaf people and other people with disabilities.
• Negotiations on standards for improved access to buildings and education are in the final stages, and there are many practical instances of improved access in these areas.
• Captioning of television programs has increased, with further increases being negotiated.
• There has been widespread adoption by the banking and financial service industry of standards for disability access to ATMs, internet banking, EFTPOS and phone banking.
• Hundreds of service providers, particularly local governments and universities, have developed voluntary action plans for improved disability access.

Links:

• Australian Government Productivity Commission, Review of the Disability Discrimination Act 1992: Inquiry Report
• Australian Human Rights Commission, Don't judge what I can do by what you think I can't: Ten years of achievements using Australia's Disability Discrimination Act 1992

When the Tide Comes In: Towards Accessible Telecommunications for People with Disabilities in Australia

In June 2003, the Commission released a major discussion paper on disability access issues in telecommunications entitled When the Tide Comes In: Towards Accessible Telecommunications for Peoples with Disabilities. The report indicates that people with disabilities are not receiving equal access to telecommunications technology. Some of the major issues noted include the lack of access to all but the most basic functions of mobile phones for persons with a visual impairment and the need for more detailed minimum standards on equipment to assist people with disabilities. The report makes a number of positive recommendations for addressing inequalities and discrimination in communication technology, including the creation of an accessible telecommunications forum, the expansion of disability equipment programs, the development of a more comprehensive telecommunications disability standard, and improved public and private payphone accessibility.

Link:

• Australian Human Rights Commission, When the Tide Comes In: Towards Accessible Telecommunications for people with Disabilities in Australia

QBE Travel Insurance v Bassanelli

Denice Bassanelli applied for travel insurance with QBE and on her travel application she disclosed that she had metastatic breast cancer. QBE rejected her application and Denice lodged a complaint with the Australian Human Rights Commission. This complaint went to trial at the Federal Court which found that QBE had discriminated against Denice because they did not use actuarial or statistical data when they refused Denice’s application for insurance.

Despite the success of this case, concerns remain about the effectiveness of the Disability Discrimination Act (‘DDA’) in reducing discrimination in insurance. Although discrimination in access to insurance or in the terms on which insurance is covered, are regulated by the DDA, there is an exemption for reasonable restrictions. This includes reasonable decisions made on the basis of actuarial or statistical data.

Links:

• Australian Government National Mental Health Commission, A Contributing Life: the 2012 National Report Card on Mental Health and Suicide Prevention
• Australian Human Rights Commission, Guidelines for Providers of Insurance and Superannuation 2005
• Australian Human Rights Commission, Insurance
• Australian Human Rights Commission, WORKability 2: Solutions Final Report of the National Inquiry into Employment and Disability
• QBE Travel Insurance v Bassannelli [2004] FCA 396, Austlii
• Ware v OAMPS Insurance Brokers Ltd [2005] FMCA 664 (29 July 2005)

Clarke v Catholic Education Office

Jacob Clarke was born with a hearing impairment. Even though he relied on Auslan to communicate, he was denied an Auslan interpreter at his high school, Mackillop Catholic College. Jacob struggled with lip reading and note-taking and thus could not meaningfully participate in the classroom, facing a serious disadvantage his peers did not experience. Jacob’s parents made a complaint of discrimination against Mackillop Catholic College. The court found Mackillop Catholic College had indirectly discriminated against Jacob and awarded them $20,000 in damages.

Links

• Catholic Education Office v Clarke [2004] FCAFC 197

Missed Business? How to attract more customers by providing better access to your business

In 2004, the Australian Human Rights Commission and Marrickville Council developed a guide for small businesses. The guide aims to provide small businesses with information on how they can make their businesses more accessible to all their customers, particularly people with disabilities.

Links:

• Australian Human Rights Commission, Missed Business Guide

Productivity Commission Inquiry Report on the Review of the Disability Discrimination Act 1992 (‘DDA’)

The Productivity Commission undertook an inquiry into the DDA to review the effectiveness of the DDA and its costs and benefits. The inquiry found that the DDA had an important role in providing a fair environment for Australians with disabilities, concluding overall, that the DDA was reasonably effective in reducing discrimination. However, there is much work to be done before the objectives of the DDA, particularly in the employment area, are reached.

Link:

• Australian Government Productivity Commission, Inquiry report on the review of the Disability Discrimination Act 1992

Revised Guidelines for the Providers of Insurance and Superannuation under the Disability Discrimination Act 1992

The Guidelines for the Providers of Insurance and Superannuation, first published by the Human Rights and Equal Opportunity Commission in 1997 and later revised by the Australian Human Rights Commission (‘the Commission’) in 2005, are not legally-binding regulations. Instead the Guidelines are intended to provide clarity to insurance and superannuation providers regarding their obligations under the Disability Discrimination Act (‘DDA’). The Guidelines are the Commission’s views on the interpretation of the DDA in practice and how it has been applied in past cases. In particular, the Guidelines seek to explain the difference between lawful and unlawful disability discrimination in providing insurance as well as explaining what distinctions or exclusions may be reasonable in offering insurances to people with a disability.

Links:

• Australian Human Rights Commission, Revised Guidelines for the Providers of Insurance and Superannuation

Conciliated Outcome: Clubs and Associations

A woman with limited use in one arm was a member of a volunteer emergency assistance association. She filed a complaint with the Australian Human Rights Commission that she had been discriminated on the basis of her disability. The woman had not been allowed to perform emergency services work which was the purpose of her membership. The Association explained it was concerned that the woman would not be able to perform the required tasks safely. The complaint was resolved when the woman underwent an independent assessment which confirmed her ability to perform the required tasks.

Links:

• Australian Human Rights Commission, Conciliated Outcomes: Clubs and Associations

Disability Standards for Education introduced

The Disability Standards for Education commenced in 2005. The purpose of the Education Standards is to give students with disability the right to access and participate in education on the same basis as students without disability. The Education Standards are designed to clarify the rights of students with disability and to give education providers more guidance on how they can meet their obligations under the DDA. However, while the introduction of Disability Standards for Education is a significant step, much still remains to be done. The Australian Bureau of Statistics report Disability Australia 2009 tells us that ‘year 12 attainment was around 25% for people with disabilities, compared to just over 50% for people without disabilities.” (G Innes, Australian Association of Graduate Employers Conference, (Speech delivered at Sofitel, Melbourne, 16 November 2012. At http://www.humanrights.gov.au/disability_rights/speeches/2012/20121116_employers.html).It is hoped, that with the introduction of the Education Standards, these statistics will improve.

Links:

• Attorney-General’s page, Disability standards for education
• Australian Human Rights Commission, Education
• Department of Education, Employment, and Workplace Relations, Education Standards First Review
• G Innes, Australian Association of Graduate Employers Conference, (Speech delivered at Sofitel, Melbourne, 16 November 2012.

Launch of Not for Service: Experiences of injustice and despair in mental health care in Australia

In 2005, the Minister for Health launched Not for Service: Experiences of injustice and despair in mental health care in Australia, a report compiled by the Mental Health Council of Australia, the Brain and Mind Research Institute and the Australian Human Rights Commission. The report, which is the product of a national review initiated in 2004, provides an analysis of the systemic problems with mental health care services in Australia from the perspective of those who use and deliver these services. Published 12 years after the 1993 Report of the National Inquiry into the Human Rights of People with Mental Illness (aka the Burdekin report), Not for Service raised similar concerns to the Burdekin Report regarding the problems experienced by those seeking mental healthcare on a daily basis – primarily that their basic needs were ignored or neglected.

Links:

• Australian Human Rights Commission, Not for Service: Experiences of injustice and despair in mental health care in Australia

Final Report of the National Inquiry into Employment and Disability, Workability II: Solutions

The Final Report of the National Inquiry into Employment and Disability, Workability II: Solutions was tabled by the Attorney-General in Federal Parliament on 14 February 2006. The product of a 2-year National Inquiry into Employment and Disability launched in March 2005, the Final Report focuses on how to achieve equality of opportunity for people with disability in the workplace. The Report concludes by making 30 recommendations on how to break down barriers for people with disability in the workplace, including the development of a National Disability Employment Strategy (Recommendation 30).

Links:

• Australian Human Rights Commission, Workability II: Solutions

Trial of Electronic Voting Announced

Following discussions between the Australian Human Rights Commission, the federal government, the Australian Electoral Commission and representatives of people with disabilities, the federal Cabinet approved a trial of electronically assisted voting for voters who have a visual impairment.

Links:

• Australian Electoral Commission, 2007 Federal Election Electronic Voting Trials
• Australian Human Rights Commission, Annual Report 2006-2007

Conciliated Outcome: Goods, Services and Facilities

A mother with several children with disabilities who require carers, complained to the Australian Human Rights Commission that she had been discriminated against on the basis of her children’s disabilities. When taking her children to an entertainment venue, the woman was required to pay for the carers’ tickets as well as for her children. The complaint was resolved when the entertainment venue advised that there had been a misunderstanding by its staff when they had applied the venue’s ticketing policy which in fact did allow for carers to enter the venue without purchasing a ticket.

Links:

• Australian Human Rights Commission, Conciliated Outcomes: Goods, Services, and Facilities

Disability Standards for Accessible Public Transport 2002 Review

The Disability Standards for Accessible Public Transport 2002 are required to be reviewed every 5 years (Part 34). The first review commenced in March 2007 with the aim of assessing the effectiveness of the Standards. The 2007 Review focused on whether discrimination had been removed by the introduction of the 2002 Standards. In response to the Productivity Commission’s Review of the Disability Discrimination Act, the Australian Human Rights Commission found in its submission that ‘almost 25% of publicly operated and 20% of privately operated metropolitan buses are now accessible. The accessibility of non-metropolitan buses is substantially lower but has begun to be implemented with around 6% now accessible.’ (Australian Human Rights Commission, Productivity Commission review of the Disability Discrimination Act: Initial submission: Human Rights and Equal Opportunity Commission, p. 64)

Links:

• Australian Government, Department of Infrastructure and Transport, 2007 Review of the Disability Standards for Accessible Public Transport
• Australian Human Rights Commission, Productivity Commission review of the Disability Discrimination Act: Initial submission: Human Rights and Equal Opportunity Commission, p. 64

The Overlooked Consumers: 20% of the Australian Population with Disabilities and Older People

In September 2007, the Australian Human Rights Commission published a report entitled: The Overlooked Consumers: 20% of the Australian Population with Disabilities and Older People. This report discussed access issues that affect people with disabilities in using a range of consumer electronic products as well as identifying the possibility of addressing these issues.

Links:

• Australia Human Rights Commission, The Overlooked Consumers: 20% of the Australian Population with Disabilities and Older People

National Disability Awards

The National Disability Awards commenced in 2007 as part of the International Day of People with Disability, held annually on 3 December. The Awards celebrate the achievement of people with disability and their contribution to the community. Awards are given each year to both individuals and organizations who work to improve the lives of people with disabilities.

Links:

• International Day of People with Disability, Awards

Aviation Access Working Group

In recognition of the difficulties associated with equal access to air travel, the Minister for Infrastructure and Transport and the Parliamentary Secretary for Disabilities and Children’s Services established the Aviation Access Working Group (AAWG). The role of AAWG is to advise the government on disability access policy, legislation and improvement to access measures. AAWG is comprised of representatives from industry, government, and disability rights organizations. The principle areas in which AAWG is currently providing advice are: the carriage of mobility aids, staff training, and the improvement of Disability Access Facilitation Plans published by individual airlines.

Link:

• Australian Government, Department of Infrastructure and Transport, Aviation Access Working Group (AAWG)

Conciliated Outcome: Access to Premises

A man with a hearing impairment filed a complaint with the Australian Human Rights Commission (‘the Commission’) that security screening devices and fire alarms at a government building discriminated against him as only audible warnings were provided. In complaining to the Commission, the man argued that the safety of deaf members of the public was being put at risk and a visible warning system should be implemented. The complaint was settled when the management of the government building agreed to the man’s request and installed a visual warning system.

Links:

• Australian Human Rights Commission, Conciliated Outcomes: Access to Premises

Meetings and Events Australia, Accessible Events: A Guide for Organizers

In 2008, Meetings and Events Australia published Accessible Events: A Guide for Organizers. The Guide aims to help event planners and organizers make their events more accessible for people with disabilities. It provides key principles that encourage the inclusion of accessibility issues and participation in event planning, as well as outlining the relevance of the Disability Discrimination Act and its applicability to event planning.

Links:

• Meetings and Events Australia
• Meetings and Events Australia, Accessible Events: A Guide for Organizers

The Good, The Bad and The Ugly: Design and Construction for Access

In 2008, Disability Discrimination Commissioner Graeme Innes AM announced a partnership project between the Australian Human Rights Commission and Marrickville Council designed to improve access for people with disabilities. The project includes the provision of a free CD, entitled The Good, the Bad and the Ugly, to every person who makes a relevant application to Marrickville Council for an approval to construct or renovate a commercial building. The CD which was developed by the Australian Human Rights Commission explains to designers, builders and owners, why it is important to accurately comply with the technical specifications for access.

Links:

• Australian Human Rights Commission, The Good, The Bad, and The Ugly

The United Nations Convention on the Rights of Persons with Disabilities Enters into Force

The United Nations Convention on the Rights of Persons with Disabilities (‘the Convention’) was adopted by the General Assembly on 13 December 2006 and opened for signature on 30 March 2007. After 20 states ratified the Convention, it entered into force on 3 May 2008. The Convention protects the rights of persons with disabilities, requiring states, party to the Convention, to ensure persons with disabilities enjoy equality under the law through the protection of their human rights. The Australian delegation, including Disability Discrimination Commissioner Graeme Innes AM, played a significant role in the negotiation process as well as the development of the text of the Convention.

Links:

• United Nations Convention on the Rights of Persons with Disabilities (CRPD)

Australia ratifies the United Nations Convention on the Rights of Persons with Disabilities

Australia is one of the first nations to ratify the United Nation’s Convention on the Rights of Persons with Disabilities (‘the Convention’). Under the Convention, a state party has an obligation to prevent discrimination against a person because of their disability. Ratification of the Convention, while symbolic in nature, provides significant potential for making the full and equal enjoyment of human rights for people with disability a reality.

Links:

• Australian Human Rights Commission, Disability Rights, Convention on the Rights of Persons with Disabilities
• United Nations Convention on the Rights of Persons with Disabilities (CRPD)

Conciliated Outcome: Access to Premises

A woman, who uses a wheelchair for mobility, filed a complaint with the Australian Human Rights Commission that her local fast food store had not provided wheelchair accessible toilets and her local council had permitted this discrimination. The fast food store, although it had wheelchair accessible toilets in other stores had not put them in this particular store, and therefore agreed to provide accessible toilets in the complainant’s local store.

Links:

• Australian Human Rights Commission, Conciliated Outcomes: Access to Premises

Conciliated Outcome: Education

A young boy, who has cerebral palsy and uses a wheelchair for mobility, relies on his local school bus when participating in field trips and school camps. His parents filed a complaint to the Australian Human Rights Commission that the new school bus was not wheelchair accessible and as a result, their son was unable to participate in off-site activities. The complaint was resolved when the local school agreed to modify the new bus and install a wheelchair lifter, as well as develop policies to communicate with the boy’s parents about future participation in school activities.

Links:

• Australian Human Rights Commission, Conciliated Outcomes: Education

Access to Electronic Media for the Hearing and Vision Impaired: Approaches for Consideration Discussion Report

The Minister for Broadband Communications and the Digital Economy, Senator Stephen Conroy, published a discussion paper entitled Access to Electronic Media for the Hearing and Vision Impaired. The discussion paper investigates access to electronic media by people with a hearing or vision impairment. The paper also sets out a number of actions that government should pursue in relation to improving access to TV, cinema, DVD and internet downloads for people who are deaf or have a hearing impairment and people who are blind or have low vision. In response, submissions focused on captioning and audio description services as well as targets for these services.

Links:

• Australian Government, Department of Broadband, Communications and the Digital Economy, Media Access Review Discussion Report

Plan for National Disability Strategy announced

In November 2009, the Prime Minister announced the development of a National Disability Strategy through the Council of Australian Governments as a central mechanism to implement the Convention on the Rights of Persons with Disabilities in Australia. Subsequently, an inquiry into a National Disability Insurance Scheme as part of this Strategy was undertaken by the Productivity Commission.

Links:

• Australian Government, Productivity Commission, Disability Care and Support: Inquiry Report

Workers with Mental Illness: a Practical Guide for Managers

In May 2010, the Australian Human Rights Commission published Workers with Mental Illness: a Practical Guide for Managers, which aims to help employers and managers better understand mental illness, develop strategies that assist workers with a mental illness, and ensure that their workplaces are healthy and productive. The guide was endorsed by the Fair Work Ombudsman, Beyondblue: the national depression initiative, SANE Australia, the Mental Health Council of Australia, and was supported by Safe Work Australia.

Links:

• Australian Human Rights Commission, Workers with mental Illness: a Practical Guide for Managers

Amendments to the Electoral Act 1918 (Cth)

The Parliament passed the Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Act 2010 (Cth) to ensure that the civil and political right to vote in a secret ballot is respected for all people. A person would enter their vote using a keypad, with the assistance of large-screen or speech technology, then print out the vote and place it in the ballot box.

Links:

• Australian Human Rights Commission, media release, Blind People Finally Receive a Secret Ballot
• Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Act 2010 (Cth)

Australian Human Rights Commission’s Submission to the Productivity Commission Inquiry into Long term Disability Care and Support

The Productivity Commission requested comments on the design implications of the Convention on the Rights of Persons with Disabilities (‘the Convention’) for a National Disability Insurance Scheme (NDIS). In its submission, the Commission agrees that an NDIS would positively contribute to the implementation of Australia’s obligations under the Convention. The Commission supports the creation of an Australian Disability Research Institute to assist in the implementation process. The Commission recommends that scheme design should: encompass all of the human rights and obligations recognised by the Convention, focus on removing disabling barriers, and capacity enhancement for participation in decision making by people with disabilities.

Links:

• Australian Human Rights Commission, Submission to the Productivity Commission Inquiry into the Long Term Disability Care and Support

Draft National Disability Strategy released

The government released the draft National Disability Strategy which sets out a 10 year national plan for improving life for Australians with disability. This National Disability Strategy is the first time in Australian history that all governments have committed to a national approach to improving the lives of people with disability.

Links:

• Australian Government, Department of Families, Housing, Community Services, and Indigenous Affairs, 2010 – 2020 National Disability Strategy

National Dialogue on Universal Housing Design: Strategic Plan

The National Dialogue on Universal Housing Design: Strategic Plan commits the signatories to working together to develop education and training resources, releasing technical guidelines to assist the housing industry and identifies possible incentives for encouraging industry and home owners to adopt the use of the technical guidelines in housing development. In particular, the Strategic Plan aims to assist in the achievement of the National Dialogue’s 2020 target that all new homes will meet an agreed Universal Housing Design.

Links:

• Australian Government, Department of Families, Housing, Community Services, and Indigenous Affairs, National Dialogue on Universal Housing Design – Strategic Plan?
• Australian Government, Department of Families, Housing, Community Services, and Indigenous Affairs, National Dialogue on Universal Housing Design – Strategic Plan? PDF

Cinema Access Implementation Plan

In July 2010, the four major cinema chains in Australia (Hoyts, Village, Event/Greater Union/Birch Carroll & Coyle, and Reading) agreed to a Cinema Access Implementation Plan. The Plan which focuses on the introduction of accessible technology into cinemas – primarily the installation of closed captioning and audio description – also established the Accessible Cinema Advisory Group (ACAG). The final agreement provided for the introduction of accessible technology for 242 screens in 132 cinema complexes across Australia by the end of 2014, as well as for all new cinemas constructed until 2014. In recognition of the improvements to access made under the Cinema Access Implementation Plan, Hoyts, Village, Event/ Greater Union/ Birch Carroll & Coyle and Reading Cinemas were jointly awarded the Human Rights Award for Business 2012.

Links:

• Australian Government, Department of Families, Housing, Community Services, and Indigenous Affairs, Communiqué from the Accessible Cinema Advisory Group

World Wide Web Access: Disability Discrimination Act Advisory Notes

The Australian Human Rights Commission published World Wide Web Access: Disability Discrimination Act Advisory Notes to assist individuals and organisations involved in the ownership or development of web resources, by clarifying the requirements of the Disability Discrimination Act (‘DDA’) as it applies to this area, and explaining how compliance can be achieved. Although these advisory notes do not have legal force, they can be considered by the Commission when considering complaints made under the DDA. The Advisory Notes compare equal access issues with the web with requirements for equal access under law as well as advising on access to published content via the web.

Links:

• Australian Human Rights Commission, World Wide Web Access: Disability Discrimination Act Advisory Notes

Access to Premises – Accommodation

Section 25 of the Disability Discrimination Act (‘DDA’) makes it unlawful to discriminate in the provision of accommodation on the grounds of disability. This provision extends to premises which are not necessarily open to the public, such as rental accommodation, as well as accommodation specifically for people with disabilities. This area however is one which shows most clearly the limitations of the DDA as a piece of anti-discrimination legislation rather than legislation which guarantees fundamental human rights more broadly.

An example of a conciliation that took place in 2011 is where a blind complainant who uses a guide dog for mobility, made a complaint alleging that the respondent caravan park discriminated against him by refusing him accommodation because of his dog. The complaint was resolved with an agreement that the respondent would provide the complainant with an apology, participate in training run by a guide dog training organisation and include a reference on its website to assistance animals being welcome at the caravan park.

Links:

• Australian Human Rights Commission, Conciliation Register

Killeen v Combined Communications Network Pty Ltd

Greg Killeen uses an electric wheelchair for mobility and relies on wheelchair accessible taxis for transport. However, Greg found that many taxis that were deemed ‘wheelchair accessible’ were in fact not suited to fit his standard-size wheelchair. Greg filed a disability discrimination complaint with the Australian Human Rights Commission alleging violation of the Disability Standards for Accessible Public Transport 2002 and was successful in an action filed in the Federal Court in 2011. This decision was important as it has resulted in changes in government policy regarding compliance with the Standards.

Links:

• Killeen v Combined Communications Network Pty Ltd [2011] FCA 27

Access to Premises Standards introduced

The Access to Premises Standards commenced in 2011. The Premises Standards specify how the objects of the Disability Discrimination Act (‘DDA’) are to be achieved in the provision of accessible buildings. The Premises Standards set out the national minimum requirements for new buildings and for the upgrades of existing buildings. The Premises Standards are the culmination of 10 years work by government, the Australian Human Rights Commission, industry and disability groups. They usher the most widespread improvements in building access in Australia’s history.

The aim of the Premises Standards is two-fold:

• First, the Premises Standards provides the building and design industry with detailed information about how they can design and construct their buildings in a way that meets their responsibilities under the Disability Discrimination Act 1992 (Cth).
• Second, the Premises Standards aim to improve access to buildings for people with a disability to ensure the greatest possible participation in the social, economic, cultural and political life of the community.

Links:

• Disability (Access to Premises – Buildings) Standards 2010
• Attorney-General’s page, Disability Standards
• Australian Human Rights Commission, Guideline on Application of the Premises Standards
• Australian Human Rights Commission, Disability Rights, access to premises page

The Story of Sekou Kanneh

Sekou Kanneh, who is deaf, filed a discrimination complaint with the Australian Human Rights Commission (‘the Commission’). Sekou is a 100 metre sprinter, but because he cannot hear the starting gun, he relies on the movements of other runners to know when the race has begun. Sekou asked for a visual starting prompt (a flashing light) for the upcoming athletic meet but was refused and so he filed a complaint with the Commission. The complaint was resolved when the respondent agreed to provide a flashing light at the upcoming track meet and future meets.

Links:

• ‘Complaint over Treatment of Deaf Athlete’, The Sydney Morning Herald, September 1, 2011.

Australian Communications and Media Authority Draft Captioning Standards

The Australian Communications and Media Authority (ACMA), responsible for determining captioning standards has invited parties to make submissions to a draft captioning quality standard. The Broadcasting Services (Television Captioning) Standard 2013 is open to submission until January 22, 2013.

Links:

• Australian Communications and Media Authority, Draft Captioning Standard

Julie Haraksin v Murrays Australia

Julie Haraksin, has bone brittle disease, and was refused a seat on a coach to Canberra because the bus could not accommodate her wheelchair. In response, Julie filed a disability discrimination complaint against the coach service, Murrays Australia, in the Federal Court asking for a modification of the buses to become wheelchair-accessible. A decision in this matter is expected in 2013.

Links:

• Public Interest Advocacy Centre, Disability Discrimination: Murrays Australia

Establishment of the National Mental Health Commission

The National Mental Health Commission was established on January 1st 2012. The National Mental Health Commission’s role is threefold: to produce an annual Report Card on Mental Health and Suicide Prevention, to advise on how best to support Australians living with a mental health condition, and to collaborate with other sectors in the pursuit of achieving the best mental health and well-being for Australians.

Links:

• Australian Government National Mental Health Commission, homepage

King v Jetstar Airways

Sheila King, who uses a wheelchair for mobility, was refused travel by Jetstar on a flight between Adelaide and Brisbane. Jetstar has a ‘two wheelchair’ policy meaning they can only carry two passengers at a time that use wheelchairs on a narrow aircraft. As two other passengers using wheelchairs were already booked on the flight, the limit had been reached, and Sheila was refused a seat. Sheila filed a complaint with the Australian Human Rights Commission, and after an unsuccessful conciliation attempt, she filed an action in the Federal Court. The Court found Jetstar had discriminated against Sheila; however, her complaint was dismissed on the grounds of unjustifiable hardship. The Court determined that to require Jetstar to remove the two wheelchair policy on their narrow aircrafts would cause them an unjustifiable hardship – meaning a change in policy would have been too costly or unreasonable for Jetstar to endure.

This case demonstrates how the court interprets and applies the exemption of unjustifiable hardship and what factors are considered. This case was a disappointing decision for many and highlights the fact that the Disability Discrimination Act, while designed to promote equality, does not require 100% accessibility, allowing for the application of certain exemptions.

Links:

• King v Jetstar Airways Pty Ltd (No2) [2012] FCA 8

Report on the Review of Disability Standards for Education 2005

The first 5 year review of the Disability Standards for Education 2005 commenced in December 2010. In February 2011, a joint discussion paper was released by the Minister for School Education, Early Childhood Education and Youth, the Minister for Tertiary Education, Skills, Science and Research and the Attorney-General, outlining the issues to be reviewed and seeking submissions. The Disability Standards for Education Review Team received 200 submissions in response to the discussion paper. The findings of the review team are outlined in the Report on the Review of Disability Standards for Education 2005, published in June 2012. In general, the Review found the Education Standards provide a good framework for promoting equal access to education, despite the findings that Standards have not been as effective due to difficulties in practical application and due to issues relating to the clarity of the Standards. In conclusion, the Review made 14 recommendations to improve the effectiveness of the Standards.

Links:

• Department of Education, Employment, and Workplace Relations: Disability Standards for Education
• Department of Education, Employment, and Workplace Relations, Review of Disability Standards for Education 2005 Discussion Paper
• Department of Education, Employment, and Workplace Relations, Report on the Review of Disability Standards for Education 2005
• Department of Education, Employment, and Workplace Relations, Australian Government Response to the Review of Disability Standards for Education 2005

Launch of Liveable Housing Australia

Launched in 2010, Liveable Housing Australia (LHA) will target the housing industry to achieve the Liveable Housing Design Quality Mark as part of a national campaign to ensure that all new homes are safer, more comfortable and easier to get around by 2020.

Links:

• Liveable Housing Australia
• Liveable Housing Design Guidelines (click on Guidelines)

Draft legislation for National Disability Insurance Scheme introduced into Parliament

The National Disability Insurance Scheme (NDIS) Bill was introduced to Parliament on November 29, 2012. The NDIS provides coverage for people with a significant and ongoing disability and would provide long term care and support for those individuals for life. In introducing this Bill, Prime Minister Julia Gillard said that the current system is rightly compared to a ‘cruel lottery.’ The NDIS, she says, will be a ‘substantial and enduring reform that will fundamentally change the nature of disability care and support in this nation’ for it will ‘respond to each individual’s goals and aspirations for their lifetime, affording certainty and peace of mind for people with disability and their carers alike.’ Without overstating it, the DDA played a role in this, changing what we consider possible, redirecting the journey onto better terrain, setting us on a path to challenge what Bill Shorten describes as – ‘the last frontier of practical civil rights’

Links:

• NDIS home page

Graeme Innes v Railcorp

Graeme Innes, the federal Disability Discrimination Commissioner filed numerous complaints against Railcorp for failing to meet their obligations under the Disability Standards for Accessible Public Transport 2002. Graeme filed the complaints as a private citizen, arguing that Railcorp was neglecting to provide audible ‘next stop’ announcements on public train services. The case was heard in the Federal Magistrates Court in November 2012 and a decision is expected in 2013.

Links:

• Public Interest Advocacy Centre, (2012) 35 Journal of the Public Interest Advocacy Centre 1, p 3.

A New Treaty for Persons with Print Disabilities

At the 42nd session of the World Intellectual Property Organization General Assembly (‘the Assembly), a draft text of a treaty for persons with print disabilities was presented. The Assembly agreed to convene in 2013 to negotiate the treaty which will improve access to copyrighted works for persons with a visual impairment or print disability worldwide. Although in Australia, the Copyright Act 1968 (Cth) contains many of the draft treaty provisions, Attorney-General Nicola Roxon explains, ‘a treaty would also benefit print disabled Australians for whom English is not their first language.’ (Attorney-General for Australia the Hon Nicola Roxon, Support for treaty on accessibility for Persons with Print Disabilities, 19 December 2010)

Links:

• Attorney-General for Australia the Hon Nicola Roxon, Support for treaty on accessibility for Persons with Print Disabilities, 19 December 2012
• World Intellectual Property Organization, WIPO Advances Toward Treaty to Facilitate Access to Published Works by Persons with Print Disabilities, Morocco Offers to Host Diplomatic Conference, 18 December 2012

Exemptions

The Australian Human Rights Commission (‘the Commission’) can grant temporary exemptions to applicants under the Disability Discrimination Act (‘DDA’). The Commission will only grant an exemption if it furthers the purpose of the DDA. For example, the Commission may decide to grant an exemption if the applicant agrees to make commitments to improve access in the future. Some of the exemptions granted by the Commission have resulted in significant developments for equal access. To name a few, the cinema captioning exemption helped in the development of the Cinema Access Implementation Plan; the free to air TV captioning exemption led to increased pay TV; and the Air North exemption resulted in improved accessibility for air travel in the Northern Territory.

Links:

• Australian Human Rights Commission, Exemptions under the Disability Discrimination Act
• Australian Human Rights Commission, Temporary Exemptions under the Disability Discrimination Act: Commission Guidelines

Lodgement of Disability Action Plans with the Commission

The Disability Discrimination Act 1992 (Cth) (‘DDA’) states that service providers may lodge voluntary Disability Action Plans with the Australian Human Rights Commission (‘the Commission’). Having a Disability Action Plan does not give a complete defence against complaints but it can be taken into account in dealing with a complaint. The Commission believes that developing a Disability Action Plan is a good way for organisations to plan and prioritise their movement towards compliance with the legislation. To date, over 500 organizations have lodged their Disability Action Plans with the Commission. The Commission has published 5 separate guidelines to the development of a Disability Action Plan tailored to the specific type of organization or business.

Links:

• For more information on tips for developing a good action plan
• For examples of Disability Action Plans please see:
  • Commonwealth Bank
  • Telstra
  • Public Transport Victoria
  • Macquarie University
  • Sunshine Coast Council
  • Grant’s Seafood Centre

20th anniversary of the Disability Discrimination Act (‘DDA’)

2013 marks the 20th anniversary of the DDA. It is difficult to provide a comprehensive picture of the effectiveness of the DDA in achieving its objectives. Overall, the success of the DDA presents a mixed report card. There are some clear areas of achievement and they relate to the improved accessibility of:

• Public transport
• Telecommunications
• Building premises
• Information

Overall, the DDA has been generally more effective for people with physical and sensory disabilities than for other types of disability.

There are many areas where the DDA has been largely ineffective. The DDA has made little progress in reducing discrimination in employment. It has also been less successful for people with multiple disabilities, psychosocial disabilities and intellectual disabilities. Furthermore, the DDA has been less effective for people living in institutional settings, rural and remote areas, those from culturally and linguistically diverse communities and for many Aboriginal and Torres Strait Islander people. Concerns also remain in relation to discrimination in the provision of insurance. Furthermore, significant issues remain in relation to equality before the law and access to justice.

Link:

• Deafness Forum of Australia, ‘Ground Hog Day or New Horizon?’ address by Disability Discrimination Commissioner Graeme Innes