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Law and Anti-Discrimination

Law and Anti-Discrimination

This paper will discuss disability discrimination and the legislative and non-legislative tools used to combat it. The major piece of federal legislation, the Disability Discrimination Act (1992) will be examined in considerable detail, and an attempt will be made to analyze its strengths and weakness, with reference to various opinions put forward by individuals and organizations concerned with its implementation.

Particular emphasis will be placed upon the compliance of the Act. The issues that have been subject to public debate will be discussed, including arguments for and against compliance processes that have been suggested by governmental bodies.

A comparison will be made between measures used in other nations to counter disability discrimination, with the view of making suggestions on improving the processes proposed in Australia.

Possible models for Compliance in Education will then be listed, and finally an opinion will be made as to which of these models would be the most appropriate, with consideration as to the circumstances in Australia today.

What is Disability Discrimination?

Section 5 of the Disability Discrimination Act 1992 (Cth) outlines the meaning of Disability Discrimination. Disability discrimination happens when people with a disability are treated less fairly than people without a disability. Disability discrimination also occurs when people are treated less fairly because they are relatives, friends, co-workers or associates of a person with a disability.

It is against the law to discriminate against someone if they have a disability in various areas of life. All governments in Australia have responsibilities under the DDA to ensure that this type of discrimination does not occur. The Federal Disability Discrimination Act makes disability discrimination against the law, covering a broad range of areas in life including employment (s.15), education (s.22), access to premises (s.23), accommodation (s.25), buying land (s.26), sport (s.28) and many more. The definition of "disability", as stated in s.4 of the Act, is very broad, including disability of the following kinds; physical, intellectual, psychiatric, neurological and physical disfigurement. The DDA also protects people like relatives, friends, carers and co-workers of a person with a disability if they are discriminated against because of the person's disability. Harassment because of disability, such as insults or humiliating jokes, is unlawful (under ss. 35-40 of the Act) in employment, education and in the provision of goods, services and facilities.

The DDA was passed by the...

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