Australian Human Rights Commission
CRPD information concerning Australia – 11.03.13
with the Handbook on National Human Rights Action Plans available from the
Office of the High Commissioner for Human Rights.
19.
3.4
The Action Plan contains specific actions to address the human rights of
people with disability and indicates that ‘[a] key priority for the Australian
Government will be continuing work on implementing the National Disability
Strategy.’6 The Commission noted in its submission to the Consultation on the
exposure draft of the National Human Rights Action Plan that it may be
possible to update the National Human Rights Action Plan in relation to people
with disability when the initial annual report to the Council of Australian
Governments on implementation of the National Disability Strategy became
available (then scheduled for February 2012) (section 3.6 below).7
Disability Discrimination Act 1992 (Cth)
20.
The Disability Discrimination Act provides that it is unlawful to discriminate,
directly or indirectly, against a person with a disability in the protected areas of
public life, including employment, education, the provision of goods, services
and facilities, and accommodation.8 It further provides that it is unlawful, in
certain circumstances, to fail to make reasonable adjustments for a person
with a disability.9 In addition, it is unlawful to discriminate against an associate
of a person with a disability.10
21.
The Disability Discrimination Act also provides for the appointment of a
Disability Discrimination Commissioner. The present incumbent is
Commissioner Graeme Innes AM.11
22.
Disability is defined broadly in the Disability Discrimination Act.12 The definition
of disability includes ‘the malfunction, malformation or disfigurement of a part
of the person’s body’ and ‘a disorder, illness or disease that affects a person’s
thought processes, perception of reality, emotions or judgment or that results
in disturbed behaviour’. The Disability Discrimination Act covers a disability
that presently exists, previously existed but no longer exists, may exist in the
future, and is imputed to a person.
23.
If a person is discriminated against because of a disability that exists,
previously existed, may exist in the future, or is imputed to him or her,
however that disability was caused, that person may lodge a complaint with
the Commission.13 On an annual basis the largest number of complaints
received by the Commission have consistently been in the area of disability
(average 951 per annum over the last 4 years), with the majority of these
complaints in the protected areas of employment and the provision of goods,
services and facilities.14 The Commission notes that these statistics indicate
that there remains substantial disability education and awareness to be
undertaken in the broader community in addition to government, business and
service provision.
24.
March 1st 2013 marked the twentieth anniversary of the Disability
Discrimination Act. The Commission marked the occasion with the launch of
Twenty Years: Twenty Stories by Governor-General, Ms Quentin Bryce AC
CVO.15 This collection of twenty short films demonstrates how the lives of
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