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Disability Access and Inclusion Framework and Action Plan 2009 – 2013
3. Policy Context
3.5 Definition of Disability
The Federal Disability Discrimination Act (DDA 1992) defines disability to include physical, intellectual, sensory, neurological and psychiatric disabilities. Specifically it defines disability in relation to a person as follows:- A total or partial loss of the person's bodily or mental functions; or
- Total or partial loss of a part of the body; or
- The presence in the body of organisms causing disease or illness; or
- The presence in the body of organisms capable of causing disease or illness; or
- The malfunction, malformation or disfigurement of a part of the person's body; or
- A disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or
- A disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour;
- And includes a disability that: presently exists; or previously existed but no longer exists; or may exist in the future; or is imputed to a person.
3.6 Definition of Discrimination
The DDA (1992) provides protection against direct and indirect discrimination based on disability. This includes direct or indirect discrimination in relation to employment, education, accommodation or receiving services. It also includes situations where an individual is being harassed because of their disability.
Direct discrimination occurs when a person or a group of people are treated less favourably than another person or group of people in the same circumstances. Indirect discrimination can be described when a policy or practice is applied equally but has the result of unfairly excluding or disadvantaging an individual or a group of people.
Under the DDA (1992) it is also discrimination to treat a person with a disability less favourably because they use an assistive device, are accompanied by an interpreter, reader, assistant or carer or by a guide dog.
Updated: 4 November 2009
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