Key Takeaways
- Disability rights are protected under both Victorian and Commonwealth laws, ensuring equal access to opportunities and prohibiting discrimination.
- Disability discrimination includes direct and indirect discrimination, victimization for supporting complaints, and unlawful requests for disability information.
- Laws protect individuals with various disabilities including physical, intellectual, and mental health conditions, covering rights in workplaces, education, and public facilities.
- Individuals experiencing disability discrimination can file complaints with the VEOHRC or AHRC and seek legal advice for tailored support.
- Key legislation includes the Equal Opportunity Act 2010 and the Disability Discrimination Act 1992, providing frameworks for discrimination complaints and protections.
Disability rights are protected under both Victorian and Commonwealth laws, ensuring equal access to opportunities and fair treatment in public life. These laws prohibit discrimination and require reasonable adjustments to be made for people with disabilities.
This guide explains disability discrimination, outlines legal protections, and provides information on resolving complaints effectively.
What Constitutes Disability Discrimination?
Disability discrimination occurs when a person with a disability is treated unfairly compared to others in similar situations. This can take different forms, including:
- Direct Discrimination – When someone is treated less favourably due to their disability.
- Indirect Discrimination – When a rule or policy unfairly disadvantages people with disabilities.
- Victimisation – When a person is penalised for making or supporting a complaint about discrimination.
- Unlawful Requests for Information – When an employer or service provider improperly requests details about a disability that could be used to discriminate.
Who is Protected Under Disability Discrimination Laws?
The law protects individuals with:
- Physical disabilities (e.g., mobility impairments, vision or hearing loss)
- Intellectual or learning disabilities
- Mental health conditions
- Future or assumed disabilities (e.g., conditions that may develop or are wrongly attributed to someone)
Where Disability Discrimination is Unlawful
Workplace and Employment Rights
Employers must provide fair opportunities to individuals with disabilities, including:
- A non-discriminatory hiring process.
- Equal terms and conditions of employment.
- Access to promotions and career progression.
- Workplace adjustments to accommodate disabilities.
Education and Learning Access
Educational institutions must not discriminate against students with disabilities. This includes:
- Providing accessible enrolment procedures.
- Ensuring equal access to school facilities and learning resources.
- Making reasonable accommodations to support students with disabilities.
Public Spaces and Facilities
Businesses and government entities must make their premises accessible to individuals with disabilities. This includes:
- Government offices and service centres.
- Retail stores, restaurants, and entertainment venues.
- Medical and health care facilities.
Housing and Accommodation Rights
Individuals with disabilities have the right to fair treatment when seeking housing or rental accommodation. This includes:
- Protection from discriminatory rental practices.
- Allowing reasonable modifications, such as guide dogs in rental properties.
Access to Goods, Services, and Membership-Based Organisations
People with disabilities must have equal access to:
- Retail and professional services (e.g., banks, legal services, medical care).
- Membership-based clubs and social associations.
- Sporting opportunities, except for elite professional competitions.
Government and Local Council Services
Local councils and government bodies must ensure that people with disabilities have equal access to public programs, policies, and community services.
Steps to Take If You Experience Disability Discrimination
- Making a Formal Complaint
If you have experienced discrimination, you can file a complaint with:
- Victorian Equal Opportunity and Human Rights Commission (VEOHRC) – Handles discrimination complaints under Victorian law.
- Australian Human Rights Commission (AHRC) – Manages disability discrimination complaints under federal law.
- Seeking Legal Advice and Representation
A legal professional can help you:
- Assess your situation and provide tailored legal advice.
- Assist in preparing and lodging formal complaints.
- Represent you in mediation, conciliation, or court proceedings if necessary.
Key Legislation
The following laws ensure protection against disability discrimination in Victoria:
- Equal Opportunity Act 2010: Covers discrimination laws at the state level.
- Disability Discrimination Act 1992: Governs disability rights at the federal level.
- Australian Human Rights Commission Act 1986: Provides a framework for discrimination complaints.
Resources and Support
Several organisations offer support and guidance for individuals experiencing disability discrimination:
- Victoria Legal Aid (VLA): Provides free legal information, advice, and assistance for disability discrimination matters.
- Victorian Equal Opportunity and Human Rights Commission (VEOHRC): Assists with discrimination complaints and promotes equal opportunity.
- Australian Human Rights Commission (AHRC): Handles federal disability discrimination complaints and promotes human rights.
- Disability Advocacy Resource Unit (DARU): Offers resources and advocacy support for people with disabilities.
- National Disability Insurance Scheme (NDIS): Provides support and services for eligible individuals with disabilities.
Conclusion
Disability discrimination impacts various aspects of life, including employment, education, and housing. Knowing your rights under Victorian and Commonwealth laws ensures fair treatment and access to support services. Taking action helps foster an inclusive and equitable society for everyone.
At Pentana Stanton Lawyers, we are dedicated to protecting the rights of individuals facing disability discrimination. Our experienced legal team provides expert guidance on understanding your legal rights, filing complaints with the appropriate bodies, and representing you in disputes, negotiations, or legal proceedings.
Contact us today to discuss your case and explore the best path forward to ensure fair treatment and justice.
