Disability Access and Inclusion Framework and Action Plan - Commonwealth policies and legislation

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Disability Access and Inclusion Framework and Action Plan 2009 – 2013

3. Policy Context

3.3 Commonwealth

Disability Discrimination Act 1992

The Disability Discrimination Act 1992 covers all levels of Government in Australia and makes it unlawful to discriminate against people with a disability. The Act also makes it unlawful to discriminate against people who are an associate of a person with a disability such as a friend, partner, carer or family member of the person.

The objectives of the Act are to eliminate, as far as possible, discrimination against persons on the ground of disability in the areas of:

Work, accommodation, education, access to premises, clubs and sport
The provision of goods, facilities, services and land
Existing laws
The administration of Commonwealth laws and programs and
To ensure, as far as practicable, that persons with disabilities have the same rights to equality before the law as the rest of the community
To promote recognition and acceptance within the community of the principle that persons with disabilities have the same fundamental rights as the rest of the community

Australian Standards

The Australian Standards is the nation's peak non-government Standards organisation. It is charged by the Commonwealth Government to meet Australia's need for contemporary, internationally aligned Standards and related services.

Building Code of Australia

The Building Code of Australia (BCA) is produced and maintained by the Australian Building Codes Board on behalf of the Australian Government and State and Territory Governments.

The BCA regulates access to and within buildings and it is uniform throughout Australia. The BCA regulations are a minimum requirement only and are not sufficient to ensure that premises are accessible to everyone. The BCA states broad requirements for access and refers to Australian Standards for detail of the technical specifications.

3.4 International

The United Nations Convention on the Rights of Persons with Disabilities

Protects the rights of all people with a disability around the world. The Convention is guided by the following principles:

Respect of the inherent dignity, autonomy, including the freedom to make one's own decisions, and independence of persons
Non-discrimination
Full and effective participation and inclusion in society
Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity
Equality of opportunity
Accessibility
Equality between men and women
Respect for the evolving capacities of children with disabilities and for the right of children with disabilities to preserve their identities

The explicit rights set out in the Convention are:

Equality before the law without discrimination
Right to life, liberty and security of the person
Equal recognition before the law and legal capacity
Freedom from torture
Freedom from exploitation, violence and abuse
Right to respect physical and mental integrity
Freedom of movement and nationality
Right to live in the community
Freedom of expression and opinion
Respect for privacy
Respect for home and the family
Right to education
Right to health
Right to work
Right to an adequate standard of living
Right to participate in political and public life
Right to participate in cultural life

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Updated: 4 November 2009

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Disability Access and Inclusion Framework and Action Plan 2009 – 2013

3. Policy Context

3.3 Commonwealth

3.4 International

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