Disability Discrimination Act 1992
No. 135 of 1992
An Act relating to discrimination on the ground of disability
[Assented to 5 November 1992]
The Parliament of Australia enacts:
PART 1—PRELIMINARY
Short title
1. This Act may be cited as the Disability Discrimination Act 1992.
Commencement
2.(1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.
(2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(3) If a provision of this Act does not commence under subsection (2) within the period of 12 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
Objects
3. The objects of this Act are:
(a) to eliminate, as far as possible, discrimination against persons on the ground of disability in the areas of:
(i) work, accommodation, education, access to premises, clubs and sport; and
(ii) the provision of goods, facilities, services and land; and
(iii) existing laws; and
(iv) the administration of Commonwealth laws and programs; and
(b) 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; and
(c) 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.
Interpretation
4.(1) In this Act, unless the contrary intention appears:
“accommodation” includes residential or business accommodation;
“administrative office” means:
(a) an office established by, or an appointment made under, a law of the Commonwealth; and
(b) an office established by, or an appointment made under, a law of a Territory; and
(c) an appointment made by the Governor-General or a Minister otherwise than under a law of the Commonwealth or of a Territory; and
(d) an appointment as a director of an incorporated company that is a public authority of the Commonwealth;
but does not include:
(e) an office of member of the Assembly, member of the Executive, or Minister within the meaning of the Australian Capital Territory (Self-Government) Act 1988; or
(f) an office of member of the Legislative Assembly, member of the Council or Minister of the Territory, within the meaning of the Northern Territory (Self-Government) Act 1978; or
(g) an office of member of the Legislative Assembly within the meaning of the Norfolk Island Act 1979; or
(h) an office or appointment in the Australian Public Service;
“associate”, in relation to a person, includes:
(a) a spouse of the person; and
(b) another person who is living with the person on a genuine domestic basis; and
(c) a relative of the person; and
(d) a carer of the person; and
(e) another person who is in a business, sporting or recreational relationship with the person;
“auxiliary aid” means equipment (other than a palliative or therapeutic device) that provides assistance to a person with a disability to alleviate the effect of the disability;
“club” means an association (whether incorporated or unincorporated) of persons associated together for social, literary, cultural, political, sporting, athletic or other lawful purposes that provides and maintains its facilities, in whole or in part, from the funds of the association;
“Commission” means the Human Rights and Equal Opportunity Commission established by the Human Rights and Equal Opportunity Commission Act 1986;
“commission agent” means a person who does work for another person as the agent of that other person and who is remunerated, whether in whole or in part, by commission;
“Commissioner” means the Disability Discrimination Commissioner appointed under section 113;
“committee of management”, in relation to a club or a registered organisation, means the group or body of persons (however described) that manages the affairs of that club or organisation, as the case may be;
“Commonwealth employee” means a person who:
(a) holds an office or appointment in the Australian Public Service or is employed in a temporary capacity in a Department; or
(b) holds an administrative office; or
(c) is employed by a public authority of the Commonwealth; or
(d) holds an office or appointment in the Commonwealth Teaching Service or is employed as a temporary employee under the Commonwealth Teaching Service Act 1972; or
(e) is employed under the Australian Security Intelligence Organization Act 1979, the Commonwealth Electoral Act 1918, the Supply and Development Act 1939 or the Naval Defence Act 1910; or
(f) is a member of the Defence Force; or
(g) is a member, staff member or special member of the Australian Federal Police;
“Commonwealth law” means:
(a) an Act, or a regulation, rule, by-law or determination made under an Act; or
(b) an ordinance of a Territory, or a regulation, rule, by-law or determination made under an ordinance of a Territory; or
(c) an order or award made under a law referred to in paragraph (a) or (b);
“Commonwealth program” means a program conducted by or on behalf of the Commonwealth Government;
“complaint” means a complaint lodged under section 69;
“compulsory conference” means a conference convened under section 74;
“contract worker” means a person who does work for another person under a contract between the employer of the first-mentioned person and that other person;
“Convention” means the Discrimination (Employment and Occupation) Convention, 1958 adopted by the General Conference of the International Labour Organization on 25 June 1958, a copy of the English text of which is set out in Schedule 1 of the Human Rights and Equal Opportunity Commission Act 1986;
“Covenant on Civil and Political Rights” means the International Covenant on Civil and Political Rights, a copy of the English text of which is set out in Schedule 2 of the Human Rights and Equal Opportunity Commission Act 1986;
“Department” has the same meaning as that expression has in the Public Service Act 1922;
“disability”, in relation to a person, means:
(a) total or partial loss of the person's bodily or mental functions; or
(b) total or partial loss of a part of the body; or
(c) the presence in the body of organisms causing disease or illness; or
(d) the presence in the body of organisms capable of causing disease or illness; or
(e) the malfunction, malformation or disfigurement of a part of the person's body; or
(f) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or
(g) 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:
(h) presently exists; or
(i) previously existed but no longer exists; or
(j) may exist in the future; or
(k) is imputed to a person;
“disability discrimination” has the meaning given by sections 5 to 9 (inclusive);
“discriminate” has the meaning given by sections 5 to 9 (inclusive);
“document” includes any book, register or other record of information, however compiled, recorded or stored;
“educational authority” means a body or person administering an educational institution;
“educational institution” means a school, college, university or other institution at which education or training is provided;
“employment” includes:
(a) part-time and temporary employment; and
(b) work under a contract for services; and
(c) work as a Commonwealth employee; and
(d) work as an employee of a State or an instrumentality of a State;
“employment agency” means any person who, or body that, whether for payment or not, assists persons to find employment or other work or assists employers to find employees or workers, and includes the Commonwealth Employment Service;
“enactment” has the same meaning as in the Human Rights and Equal Opportunity Commission Act 1986;
“exemption” means an exemption granted under section 55;
“Federal Court” means the Federal Court of Australia;
“function” includes duty;
“institution of tertiary education” means a university, technical and further education institution or other institution at which tertiary education or training is provided;
“interim determination” means an interim determination under section 102;
“instrumentality of a State” means a body or authority established for a public purpose by a law of a State and includes a local government body;
“premises” includes:
(a) a structure, building, aircraft, vehicle or vessel; and
(b) a place (whether enclosed or built on or not); and
(c) a part of premises (including premises of a kind referred to in paragraph (a) or (b));
“President” means President of the Commission;
“principal” means:
(a) in relation to a commission agent—a person for whom the commission agent does work as a commission agent; and
(b) in relation to a contract worker—a person for whom the contract
worker does work under a contract between the employer of the contract worker and the person;
“proposed enactment” has the same meaning as in the Human Rights and Equal Opportunity Commission Act 1986;
“public authority of the Commonwealth” means:
(a) a body incorporated, whether before or after the commencement of this Act, for a public purpose by a law of the Commonwealth or a law of a Territory, being a body corporate employing staff on its own behalf; or
(b) an authority or body, not being a body corporate, established, whether before or after the commencement of this Act, for a public purpose by, or in accordance with the provisions of, a law of the Commonwealth or a law of a Territory, being an authority or body employing staff on its own behalf; or
(c) an incorporated company over which the Commonwealth, or a body or authority referred to in paragraph (a) or (b), is in a position to exercise control;
“registered organisation” means an organisation within the meaning of the Industrial Relations Act 1988;
“relative”, in relation to a person, means a person who is related to the first-mentioned person by blood, marriage, affinity or adoption;
“representative complaint” means a complaint that the Commission determines, under section 89, should be dealt with as a representative complaint;
“respondent”, in relation to a complaint, means the person who is, or each of the persons who are, alleged to have done the act to which the complaint relates;
“services” includes:
(a) services relating to banking, insurance, superannuation and the provision of grants, loans, credit or finance; or
(b) services relating to entertainment, recreation or refreshment; or
(c) services relating to transport or travel; or
(d) services relating to telecommunications; or
(e) services of the kind provided by the members of any profession or trade; or
(f) services of the kind provided by a government, a government authority or a local government body;
“State”, except in subsections 12(11) and (12), includes the Australian Capital Territory and the Northern Territory;
“technical and further education institution” has the same meaning as that expression has in the Employment, Education and Training Act 1988;
“Territory”, except in subsection 12(12) or in paragraph (c) of the definition of “administrative office” in this subsection, does not include the Australian Capital Territory and the Northern Territory;
“this Act” includes the regulations;
“unjustifiable hardship” has the meaning given by section 11;
“voluntary body” means an association or other body (whether incorporated or unincorporated) the activities of which are not engaged in for the purpose of making a profit, but does not include:
(a) a club; or
(b) a body established by a law of the Commonwealth, a State or a Territory; or
(c) an association that provides grants, loans, credit or finance to its members.
(2) For the purposes of this Act, refusing or failing to do an act is taken to be the doing of an act and a reference to an act includes a reference to a refusal or failure to do an act.
Disability discrimination
5.(1) For the purposes of this Act, a person (“discriminator”) discriminates against another person (“aggrieved person”) on the ground of a disability of the aggrieved person if, because of the aggrieved person's disability, the discriminator treats or proposes to treat the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person without the disability.
(2) For the purposes of subsection (1), circumstances in which a person treats or would treat another person with a disability are not materially different because of the fact that different accommodation or services may be required by the person with a disability.
Indirect disability discrimination
6. For the purposes of this Act, a person (“discriminator”) discriminates against another person (“aggrieved person”) on the ground of a disability of the aggrieved person if the discriminator requires the aggrieved person to comply with a requirement or condition:
(a) with which a substantially higher proportion of persons without the disability comply or are able to comply; and
(b) which is not reasonable having regard to the circumstances of the case; and
(c) with which the aggrieved person does not or is not able to comply.
Disability discrimination—palliative and therapeutic devices and auxiliary aids
7. For the purposes of this Act, a person (“discriminator”) discriminates against another person with a disability (“aggrieved person”) if the discriminator treats the aggrieved person less favourably because of the fact that the aggrieved person is accompanied by, or possesses:
(a) a palliative or therapeutic device; or
(b) an auxiliary aid;
that is used by the aggrieved person, or because of any matter related to that fact, whether or not it is the discriminator's practice to treat less favourably any person who is accompanied by, or is in possession of, and is the user of:
(c) such a palliative or therapeutic device; or
(d) such an auxiliary aid.
Disability discrimination—interpreters, readers and assistants
8. For the purposes of this Act, a person (“discriminator”) discriminates against another person with a disability (“aggrieved person”) if the discriminator treats the aggrieved person less favourably because of the fact that the aggrieved person is accompanied by:
(a) an interpreter; or
(b) a reader; or
(c) an assistant; or
(d) a carer;
who provides interpretive, reading or other services to the aggrieved person because of the disability, or because of any matter related to that fact, whether or not it is the discriminator's practice to treat less favourably any person who is accompanied by:
(e) an interpreter; or
(f) a reader; or
(g) an assistant; or
(h) a carer.
Disability discrimination—guide dogs, hearing assistance dogs and trained animals
9.(1) For the purposes of this Act, a person (“discriminator”) discriminates against a person with:
(a) a visual disability; or
(b) a hearing disability; or
(c) any other disability;
(“aggrieved person”) if the discriminator treats the aggrieved person less favourably because of the fact that the aggrieved person possesses, or is accompanied by:
(d) a guide dog; or
(e) a dog trained to assist the aggrieved person in activities where hearing is required, or because of any matter related to that fact; or
(f) any other animal trained to assist the aggrieved person to alleviate the effect of the disability, or because of any matter related to that fact;
whether or not it is the discriminator's practice to treat less favourably any person who possesses, or is accompanied by, a dog or any other animal.
(2) Subsection (1) does not affect the liability of a person with a disability for damage to property caused by a dog or other animal trained to assist the person to alleviate the effect of the disability or because of any matter related to that fact.
Act done because of disability and for other reason
10. If:
(a) an act is done for 2 or more reasons; and
(b) one of the reasons is the disability of a person (whether or not it is the dominant or a substantial reason for doing the act);
then, for the purposes of this Act, the act is taken to be done for that reason.
Unjustifiable hardship
11. For the purposes of this Act, in determining what constitutes unjustifiable hardship, all relevant circumstances of the particular case are to be taken into account including:
(a) the nature of the benefit or detriment likely to accrue or be suffered by any persons concerned; and
(b) the effect of the disability of a person concerned; and
(c) the financial circumstances and the estimated amount of expenditure required to be made by the person claiming unjustifiable hardship; and
(d) in the case of the provision of services, or the making available of facilities—an action plan given to the Commission under section 64.
Application of Act
12.(1) In this section:
“Australia” includes the external Territories;
“limited application provisions” means the provisions of Divisions 1, 2 and 3 of Part 2 other than sections 20, 29 and 30.
(2) Subject to this section, this Act applies throughout Australia.
(3) This Act has effect in relation to acts done within a Territory.
(4) The limited application provisions have effect as provided in subsection (3) of this section and the following provisions of this section and not otherwise.
(5) Sections 15, 16 and 17 have effect in relation to discrimination against:
(a) Commonwealth employees in connection with their employment as Commonwealth employees; and
(b) persons seeking to become Commonwealth employees.
(6) Section 19 has effect in relation to discrimination by an authority or body in the exercise of a power under a Commonwealth law to confer, renew, extend, revoke or withdraw an authorisation or qualification.
(7) The limited application provisions have effect in relation to acts done by, or on behalf of:
(a) the Commonwealth or the Administration of a Territory; or
(b) a body or authority established for a public purpose by a law of the Commonwealth or a law of a Territory;
in the exercise of a power conferred by a law of the Commonwealth or a law of a Territory.
(8) The limited application provisions have effect in relation to discrimination against a person with a disability to the extent that the provisions:
(a) give effect to the Convention; or
(b) give effect to the Covenant on Civil and Political Rights; or
(c) give effect to the International Covenant on Economic, Social and Cultural Rights; or
(d) relate to matters external to Australia; or
(e) relate to matters of international concern.
(9) The limited application provisions have effect in relation to discrimination by a foreign corporation, or a trading or financial corporation formed within the limits of the Commonwealth, or by a person in the course of the person's duties or purported duties as an officer or employee of such a corporation.
(10) Without limiting the effect of subsection (9), the limited application provisions have effect in relation to discrimination by a trading or financial corporation formed within the limits of the Commonwealth, or by a person in the course of the person's duties or purported duties as an officer or employee of such a corporation, to the extent that the discrimination takes place in the course of the trading activities of the trading corporation or the financial activities of the financial corporation, as the case may be.
(11) The limited application provisions have effect in relation to discrimination in the course of, or in relation to, the carrying on of the business of:
(a) banking, other than State banking not extending beyond the limits of the State concerned; or
(b) insurance, other than State insurance not extending beyond the limits of the State concerned.
(12) The limited application provisions have effect in relation to discrimination in the course of, or in relation to, trade or commerce:
(a) between Australia and a place outside Australia; or
(b) among the States; or
(c) between a State and a Territory; or
(d) between 2 Territories.
(13) The limited application provisions have effect in relation to discrimination within Australia involving persons or things, or matters arising outside Australia.
(14) The provisions of Division 3 of Part 2 have effect in relation to acts done within Australia involving persons or things, or matters arising outside Australia.
Operation of State and Territory laws
13.(1) A reference in this section to this Act is a reference to this Act as it has effect because of a provision of section 12.
(2) A reference in this section to a law of a State or Territory is a reference to a law of a State or Territory that deals with discrimination on the grounds of disability.
(3) This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.
(4) If:
(a) a law of a State or Territory relating to discrimination deals with a matter dealt with by this Act; and
(b) a person has made a complaint or initiated a proceeding under that law in respect of an act or omission in respect of which the person would, apart from this subsection, have been entitled to make a complaint under this Act;
the person is not entitled to make a complaint or institute a proceeding under this Act in respect of that act or omission.
(5) If:
(a) a law of a State or Territory deals with a matter dealt with by this Act; and
(b) an act or omission by a person that constitutes an offence against that law also constitutes an offence against this Act;
the person may be prosecuted and convicted either under that law of the State or Territory or under this Act, but nothing in this subsection renders a person liable to be punished more than once in respect of the same act or omission.
Extent to which Act binds the Crown
14.(1) This Act binds the Crown in right of the Commonwealth, of each of the States and of Norfolk Island.
(2) This Act does not render the Crown in right of the Commonwealth, of a State or of Norfolk Island liable to be prosecuted for an offence.
PART 2—PROHIBITION OF DISABILITY DISCRIMINATION
Division 1—Discrimination in work
Discrimination in employment
15.(1) It is unlawful for an employer or a person acting or purporting to act on behalf of an employer to discriminate against a person on the ground of the other person's disability or a disability of any of that other person's associates:
(a) in the arrangements made for the purpose of determining who should be offered employment; or
(b) in determining who should be offered employment; or
(c) in the terms or conditions on which employment is offered.
(2) It is unlawful for an employer or a person acting or purporting to act on behalf of an employer to discriminate against an employee on the ground of the employee's disability or a disability of any of that employee's associates:
(a) in the terms or conditions of employment that the employer affords the employee; or
(b) by denying the employee access, or limiting the employee's access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment; or
(c) by dismissing the employee; or
(d) by subjecting the employee to any other detriment.
(3) Neither paragraph (1)(a) nor (b) renders it unlawful for a person to discriminate against another person, on the ground of the other person's disability, in connection with employment to perform domestic duties on the premises on which the first-mentioned person resides.
(4) Neither paragraph (1)(b) nor (2)(c) renders unlawful discrimination by an employer against a person on the ground of the
person's disability, if taking into account the person's past training, qualifications and experience relevant to the particular employment and, if the person is already employed by the employer, the person's performance as an employee, and all other relevant factors that it is reasonable to take into account, the person because of his or her disability:
(a) would be unable to carry out the inherent requirements of the particular employment; or
(b) would, in order to carry out those requirements, require services or facilities that are not required by persons without the disability and the provision of which would impose an unjustifiable hardship on the employer.
Discrimination against commission agents
16.(1) It is unlawful for a principal to discriminate against a person on the ground of the person's disability or a disability of any of that person's associates:
(a) in the arrangements the principal makes for the purpose of determining who should be engaged as a commission agent; or
(b) in determining who should be engaged as a commission agent; or
(c) in the terms or conditions on which the person is engaged as a commission agent.
(2) It is unlawful for a principal to discriminate against a commission agent on the ground of the commission agent's disability or a disability of any of the person's associates:
(a) in the terms or conditions that the principal affords the commission agent as a commission agent; or
(b) by denying the commission agent access, or limiting the commission agent's access, to opportunities for promotion, transfer or training, or to any other benefits associated with the position as a commission agent; or
(c) by terminating the engagement; or
(d) by subjecting the commission agent to any other detriment.
(3) Neither paragraph (1)(b) nor (2)(c) renders unlawful discrimination by a principal against a person on the ground of the person's disability, if taking into account the person's past training, qualifications and experience relevant to engagement as a commission agent and, if the person is already engaged by the principal as a commission agent, the person's performance as a commission agent, and all other relevant factors that it is reasonable to take into account, the person because of his or her disability:
(a) would be unable to carry out the inherent requirements of a commission agent; or
(b) would, in order to carry out those requirements, require services
or facilities that are not required by persons without the disability and the provision of which would impose an unjustifiable hardship on the principal.
Discrimination against contract workers
17.(1) It is unlawful for a principal to discriminate against a contract worker on the ground of the contract worker's disability or a disability of any of the contract worker's associates:
(a) in the terms or conditions on which the principal allows the contract worker to work; or
(b) by not allowing the contract worker to work or continue to work; or
(c) by denying the contract worker access, or limiting the contract worker's access, to any benefit associated with the work in respect of which the contract with the employer is made; or
(d) by subjecting the contract worker to any other detriment.
(2) Paragraph (1)(b) does not render it unlawful for a principal to discriminate against a contract worker on the ground of the contract worker's disability, if taking into account the contract worker's past training, qualifications and experience relevant to working as a contract worker and, if the person is already working for the principal as a contract worker, the contract worker's performance as a contract worker, and all other relevant factors that it is reasonable to take into account, the person because of the contract worker's disability:
(a) would be unable to carry out the inherent requirements of a contract worker; or
(b) would, in order to carry out those requirements, require services or facilities that are not required by persons without the disability and the provision of which would impose an unjustifiable hardship on the principal.
Partnerships
18.(1) It is unlawful for 3 or more persons who are proposing to form themselves into a partnership to discriminate against another person on the ground of the other person's disability or a disability of any of the other person's associates:
(a) in determining who should be invited to become a partner in the partnership; or
(b) in the terms or conditions on which the other person is invited to become a partner in the partnership.
(2) It is unlawful for any one or more of the partners in a partnership consisting of 3 or more partners to discriminate against another person on the ground of the other person's disability or a disability of any of the other person's associates:
(a) in determining who should be invited to become a partner in the partnership; or
(b) in the terms or conditions on which the other person is invited to become a partner in the partnership.
(3) It is unlawful for any one or more of the partners in a partnership consisting of 3 or more partners to discriminate against another partner in the partnership on the ground of the other partner's disability or a disability of any of the other person's associates:
(a) by denying the other partner access, or limiting the other partner's access, to any benefit arising from being a partner in the partnership; or
(b) by expelling the other partner from the partnership; or
(c) by subjecting the partner to any other detriment.
(4) Neither paragraph (1)(a), (2)(a) nor (3)(b) renders unlawful discrimination by a person against another person on the ground of the other person's disability, if taking into account the other person's past training, qualifications and experience relevant to the proposed partnership or the partnership and, if the other person is already a partner, the other person's performance as a partner, and all other relevant factors that it is reasonable to take into account, the person because of the other person's disability:
(a) would be unable to carry out the inherent requirements of a partner in the proposed partnership or the partnership; or
(b) would, in order to carry out those requirements, require services or facilities that are not required by partners without the disability and the provision of which would impose an unjustifiable hardship on the partnership.
Qualifying bodies
19.(1) It is unlawful for an authority or body that is empowered to confer, renew, extend, revoke or withdraw an authorisation or qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to discriminate against a person on the ground of the person's disability or a disability of any of the person's associates:
(a) by refusing or failing to confer, renew or extend the authorisation or qualification; or
(b) in the terms or conditions on which it is prepared to confer the authorisation or qualification or to renew or extend the authorisation or qualification; or
(c) by revoking or withdrawing the authorisation or qualification or varying the terms or the conditions upon which it is held.
(2) This section does not render it unlawful for an authority or body to discriminate against a person on the ground of the person's disability, if taking into account the person's past training, qualifications
and experience relevant to the particular profession, trade or occupation and, if the person is already a member of the profession, carrying on the trade or engaged in the occupation, the person's performance in the profession, trade or occupation, and all other relevant factors that it is reasonable to take into account, the person because of his or her disability, would be unable to carry out the inherent requirements of the profession, trade or occupation.
Registered organisations under the Industrial Relations Act
20.(1) It is unlawful for a registered organisation, the committee of management of a registered organisation or a member of the committee of management of a registered organisation to discriminate against a person, on the ground of the person's disability or a disability of any of the person's associates:
(a) by refusing or failing to accept the person's application for membership; or
(b) in the terms or conditions on which the organisation is prepared to admit the person to membership.
(2) It is unlawful for a registered organisation, the committee of management of a registered organisation or a member of the committee of management of a registered organisation to discriminate against a person who is a member of the registered organisation, on the ground of the member's disability or a disability of any of the member's associates:
(a) by denying the member access or limiting the member's access, to any benefit provided by the organisation; or
(b) by depriving the member of membership or varying the terms of membership; or
(c) by subjecting the member to any other detriment.
Employment agencies
21.(1) It is unlawful for an employment agency to discriminate against a person on the ground of the person's disability or a disability of any of the person's associates:
(a) by refusing to provide the person with any of its services; or
(b) in the terms or conditions on which it offers to provide the person with any of its services; or
(c) in the manner in which it provides the person with any of its services.
(2) This section does not render it unlawful for an employment agency to discriminate against a person on the ground of the person's disability, if taking into account the person's past training, qualifications and experience relevant to the work sought, and all other relevant factors that it is reasonable to take into account, the person because of
his or her disability, would be unable to carry out the inherent requirements of the work sought.
Division 2—Discrimination in other areas
Education
22.(1) It is unlawful for an educational authority to discriminate against a person on the ground of the person's disability or a disability of any of the other person's associates:
(a) by refusing or failing to accept the person's application for admission as a student; or
(b) in the terms or conditions on which it is prepared to admit the person as a student.
(2) It is unlawful for an educational authority to discriminate against a student on the ground of the student's disability or a disability of any of the student's associates:
(a) by denying the student access, or limiting the student's access, to any benefit provided by the educational authority; or
(b) by expelling the student; or
(c) by subjecting the student to any other detriment.
(3) This section does not render it unlawful to discriminate against a person on the ground of the person's disability in respect of admission to an educational institution established wholly or primarily for students who have a particular disability where the person does not have that particular disability.
(4) This section does not render it unlawful to refuse or fail to accept a person's application for admission as a student at an educational institution where the person, if admitted as a student by the educational authority, would require services or facilities that are not required by students who do not have a disability and the provision of which would impose unjustifiable hardship on the educational authority.
Access to premises
23.(1) It is unlawful for a person to discriminate against another person on the ground of the other person's disability or a disability of any of that other person's associates:
(a) by refusing to allow the other person access to, or the use of, any premises that the public or a section of the public is entitled or allowed to enter or use (whether for payment or not); or
(b) in the terms or conditions on which the first-mentioned person is prepared to allow the other person access to, or the use of, any such premises; or
(c) in relation to the provision of means of access to such premises; or
(d) by refusing to allow the other person the use of any facilities in such premises that the public or a section of the public is entitled or allowed to use (whether for payment or not); or
(e) in the terms or conditions on which the first-mentioned person is prepared to allow the other person the use of any such facilities; or
(f) by requiring the other person to leave such premises or cease to use such facilities.
(2) This section does not render it unlawful to discriminate against a person on the ground of the person's disability in relation to the provision of access to premises if:
(a) the premises are so designed or constructed as to be inaccessible to a person with a disability; and
(b) any alteration to the premises to provide such access would impose unjustifiable hardship on the person who would have to provide that access.
Goods, services and facilities
24.(1) It is unlawful for a person who, whether for payment or not, provides goods or services, or makes facilities available, to discriminate against another person on the ground of the other person's disability or a disability of any of that other person's associates:
(a) by refusing to provide the other person with those goods or services or to make those facilities available to the other person; or
(b) in the terms or conditions on which the first-mentioned person provides the other person with those goods or services or makes those facilities available to the other person; or
(c) in the manner in which the first-mentioned person provides the other person with those goods or services or makes those facilities available to the other person.
(2) This section does not render it unlawful to discriminate against a person on the ground of the person's disability if the provision of the goods or services, or making facilities available, would impose unjustifiable hardship on the person who provides the goods or services or makes the facilities available.
Accommodation
25.(1) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person's disability or a disability of any of that other person's associates:
(a) by refusing the other person's application for accommodation; or
(b) in the terms or conditions on which the accommodation is offered to the other person; or
(c) by deferring the other person's application for accommodation or according to the other person a lower order of precedence in any list of applicants for that accommodation.
(2) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person's disability or a disability of any of the other person's associates:
(a) by denying the other person access, or limiting the other person's access, to any benefit associated with accommodation occupied by the other person; or
(b) by evicting the other person from accommodation occupied by the other person; or
(c) by subjecting the other person to any other detriment in relation to accommodation occupied by the other person; or
(d) by refusing to permit the other person to make reasonable alterations to accommodation occupied by that person if:
(i) that person has undertaken to restore the accommodation to its condition before alteration on leaving the accommodation; and
(ii) in all the circumstances it is likely that the person will perform the undertaking; and
(iii) in all the circumstances, the action required to restore the accommodation to its condition before alteration is reasonably practicable; and
(iv) the alteration does not involve alteration of the premises of any other occupier; and
(v) the alteration is at that other person's own expense.
(3) This section does not apply to or in respect of:
(a) the provision of accommodation in premises if:
(i) the person who provides or proposes to provide the accommodation or a near relative of that person resides, and intends to continue to reside on those premises; and
(ii) the accommodation provided in those premises is for no more than 3 persons other than a person referred to in subparagraph (a)(i) or near relatives of such a person; or
(b) the accommodation is provided by a charitable or other voluntary body solely for persons who have a particular disability and the person discriminated against does not have that particular disability; or
(c) the provision of accommodation in premises where special services or facilities would be required by the person with a disability and the provision of such special services or facilities would impose unjustifiable hardship on the person providing or proposing to provide the accommodation whether as principal or agent.
Land
26.(1) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person's disability or a disability of any of that person's associates:
(a) by refusing or failing to dispose of an estate or interest in land to the other person; or
(b) in the terms or conditions on which an estate or interest in land is offered to the other person.
(2) This section does not apply in relation to a disposal of an estate or interest in land by will or by way of gift.
Clubs and incorporated associations
27.(1) It is unlawful for a club or incorporated association, the committee of management of a club or a member of the committee of management of a club or incorporated association to discriminate against a person who is not a member of the club or association on the ground of the person's disability or a disability of any of that person's associates:
(a) by refusing or failing to accept the person's application for membership; or
(b) in the terms or conditions on which the club or association is prepared to admit the person to membership.
(2) It is unlawful for a club or incorporated association, the committee of management of a club or a member of the committee of management of a club or incorporated association to discriminate against a person who is a member of the club or association on the ground of the member's disability or a disability of any of the member's associates:
(a) in the terms or conditions of membership that are afforded to the member; or
(b) by refusing or failing to accept the member's application for a particular class or type of membership; or
(c) by denying the member access, or limiting the member's access to any benefit provided by the club or association; or
(d) by depriving the member of membership or varying the terms of membership; or
(e) by subjecting the member to any other detriment.
(3) Paragraph (2)(c) does not render unlawful discrimination where, because of the person's disability, the person requires the benefit to be provided in a special manner and the benefit cannot without unjustifiable hardship be so provided by the club or incorporated association.
(4) Neither subsection (1) nor (2) renders it unlawful to discriminate against a person on the ground of the person's disability if membership (however described) of the club or incorporated association is restricted
only to persons who have a particular disability and the first-mentioned person does not have that disability.
Sport
28.(1) It is unlawful for a person to discriminate against another person on the ground of the other person's disability or a disability of any of the other person's associates by excluding that other person from a sporting activity.
(2) In subsection (1), a reference to a sporting activity includes a reference to an administrative or coaching activity in relation to any sport.
(3) Subsection (1) does not render unlawful discrimination against a person:
(a) if the person is not reasonably capable of performing the actions reasonably required in relation to the sporting activity; or
(b) if the persons who participate or are to participate in the sporting activities are selected by a method which is reasonable on the basis of their skills and abilities relevant to the sporting activity and relative to each other; or
(c) if a sporting activity is conducted only for persons who have a particular disability and the first-mentioned person does not have that disability.
Administration of Commonwealth laws and programs
29. It is unlawful for a person who performs any function or exercises any power under a Commonwealth law or for the purposes of a Commonwealth program or has any other responsibility for the administration of a Commonwealth law or the conduct of a Commonwealth program, to discriminate against another person on the ground of the other person's disability, or a disability of any of the other person's associates in the performance of that function, the exercise of that power or the fulfilment of that responsibility.
Requests for information
30. If, because of another provision of this Part (other than section 32), it would be unlawful, in particular circumstances, for a person to discriminate against another person on the ground of the other person's disability, in doing a particular act, it is unlawful for the first-mentioned person to request or require the other person to provide, in connection with or for the purposes of the doing of the act, information (whether by completing a form or otherwise) that persons who do not have a disability would not, in circumstances that are the same or are not materially different, be requested or required to provide.
Disability standards
31.(1) The Minister may formulate standards, to be known as disability standards, in relation to:
(a) the employment of persons with a disability; and
(b) the education of persons with a disability; and
(c) the accommodation of persons with a disability; and
(d) the provision of public transportation services and facilities by:
(i) the Commonwealth; and
(ii) a State; and
(iii) a Territory; and
(iv) a public authority of the Commonwealth; and
(v) an instrumentality of a State; and
(vi) a public authority of a Territory; and
(vii) any other person;
to a person with a disability; and
(e) the administration of Commonwealth laws and programs in respect of persons with a disability.
(2) Disability standards formulated in accordance with this section are to be laid before each House of the Parliament within 15 sitting days of that House after the disability standards are formulated and take effect only as provided by the following provisions of this section.
(3) If:
(a) notice of a motion to amend the disability standards is given in either House of the Parliament within 15 sitting days after the disability standards have been laid before that House; and
(b) the disability standards, whether or not as amended, are subsequently approved by that House; and
(c) the other House approves the disability standards in the form approved by the first-mentioned House;
the disability standards take effect in the form so approved from the day on which that other House approves the disability standards in that form.
(4) If no notice of a motion to amend the disability standards is given in the House of Representatives or the Senate within 15 sitting days of the particular House after the guidelines have been laid before that House, the guidelines take effect from the day immediately after that 15th sitting day or, where that day differs in respect of each House, the later of those days.
Unlawful to contravene disability standards
32. It is unlawful for a person to contravene a disability standard.
Division 5 not to apply to disability standards
33. Division 5 does not apply in relation to a disability standard.
This Part not to apply if person acts in accordance with disability standards
34. If a person acts in accordance with a disability standard this Part does not apply to the person's act.
Division 3—Discrimination involving harassment
Harassment in employment
35.(1) It is unlawful for a person to harass another person who:
(a) is an employee of that person; and
(b) has a disability;
in relation to the disability.
(2) It is unlawful for a person to harass another person who:
(a) is an employee of a person by whom the first-mentioned person is employed; and
(b) has a disability;
in relation to the disability.
(3) It is unlawful for a person to harass another person who:
(a) is seeking employment by the first-mentioned person or by an employer of the first-mentioned person; and
(b) has a disability;
in relation to the disability.
(4) It is unlawful for a person to harass another person who:
(a) is a commission agent or contract worker of that person; and
(b) has a disability;
in relation to the disability.
(5) It is unlawful for a person to harass another person who:
(a) is a commission agent or contract worker of a person of whom the first-mentioned person is a commission agent or contract worker; and
(b) has a disability;
in relation to the disability.
(6) It is unlawful for a person to harass another person who:
(a) is seeking to become a commission agent or contract worker of the first-mentioned person or of a person of whom the first-mentioned person is a commission agent or contract worker; and
(b) has a disability;
in relation to the disability.
Harassment in employment—associates with disabilities
36.(1) It is unlawful for a person to harass another person who:
(a) is an employee of that person; and
(b) has an associate with a disability;
in relation to the disability.
(2) It is unlawful for a person to harass another person who:
(a) is an employee of a person by whom the first-mentioned person is employed; and
(b) has an associate with a disability;
in relation to the disability.
(3) It is unlawful for a person to harass another person:
(a) who is seeking employment by the first-mentioned person or by an employer of the first-mentioned person; and
(b) has an associate with a disability;
in relation to the disability.
(4) It is unlawful for a person to harass another person who:
(a) is a commission agent or contract worker of that person; and
(b) has an associate with a disability;
in relation to the disability.
(5) It is unlawful for a person to harass another person who:
(a) is a commission agent or contract worker of a person of whom the first-mentioned person is a commission agent or contract worker; and
(b) has an associate with a disability;
in relation to the disability.
(6) It is unlawful for a person to harass another person who:
(a) is seeking to become a commission agent or contract worker of the first-mentioned person or of a person of whom the first-mentioned person is a commission agent or contract worker; and
(b) has an associate with a disability;
in relation to the disability.
Harassment in education
37. It is unlawful for a person who is a member of the staff of an educational institution to harass another person who:
(a) is a student at that educational institution or is seeking admission to that educational institution as a student; and
(b) has a disability;
in relation to the disability.
Harassment in education—associates with disabilities
38. It is unlawful for a person who is a member of the staff of an educational institution to harass another person who:
(a) is a student at that educational institution or is seeking admission to that educational institution as a student; and
(b) has an associate with a disability;
in relation to the disability.
Harassment in relation to the provision of goods and services
39. It is unlawful for a person who, whether for payment or not, provides goods or services, or makes facilities available, to harass another person who:
(a) wants to acquire the goods or services or to make use of the facilities; and
(b) has a disability;
in relation to the disability.
Harassment in relation to the provision of goods and services—associates with disabilities
40. It is unlawful for a person who, whether for payment or not, provides goods or services, or makes facilities available, to harass another person who:
(a) wants to acquire the goods or services or to make use of the facilities; and
(b) has an associate with a disability;
in relation to the disability.
Division 4—Offences
Unlawful act not offence unless expressly so provided
41. Except as expressly provided by this Division, nothing in this Act makes it an offence to do an act that is unlawful because of a provision of this Part.
Victimisation
42.(1) It is an offence for a person to commit an act of victimisation against another person.
Penalty: Imprisonment for 6 months.
(2) For the purposes of subsection (1), a person is taken to commit an act of victimisation against another person if the first-mentioned person subjects, or threatens to subject, the other person to any detriment on the ground that the other person:
(a) has made, or proposes to make, a complaint under this Act; or
(b) has brought, or proposes to bring, proceedings under this Act against any person; or
(c) has given, or proposes to give, any information, or has produced, or proposes to produce, any documents to a person exercising or performing any power or function under this Act; or
(d) has attended, or proposes to attend, a conference held under Part 4; or
(e) has appeared, or proposes to appear, as a witness before the Commission in a proceeding under this Act; or
(f) has reasonably asserted, or proposes to assert, any rights of the person or the rights of any other person under this Act; or
(g) has made an allegation that a person has done an act that is unlawful by reason of a provision of this Part;
or on the ground that the first-mentioned person believes that the other person has done, or proposes to do, an act or thing referred to in any of paragraphs (a) to (g) (inclusive).
Offence to incite doing of unlawful acts or offences
43. It is an offence for a person:
(a) to incite the doing of an act that is unlawful under a provision of Divisions 1, 2 or 3; or
(b) to incite the doing of an act that is an offence under a provision of this Division (other than this section); or
(c) to assist or promote whether by financial assistance or otherwise the doing of such an act.
Penalty: Imprisonment for 6 months.
Advertisements
44.(1) It is an offence for a person to publish or display, or cause or permit to be published or displayed, an advertisement or notice that indicates, or could reasonably be understood as indicating, an intention by that person to do an act that is unlawful under a provision of Division 1, 2 or 3.
Penalty: $1,000.
(2) For the purposes of subsection (1), “advertisement” includes every form of advertisement or notice, whether to the public or not, and whether in a newspaper or other publication, by television or radio, by display of notices, signs, labels, show cards or goods, by distribution of samples, circulars, catalogues, price lists or other material, by exhibition of pictures, models or films or in any other way, and the reference in that subsection to publish or display, in relation to an advertisement, is to be construed accordingly.
Division 5—Exemptions
Special measures
45. This Part does not render it unlawful to do an act that is reasonably intended to:
(a) ensure that persons who have a disability have equal
opportunities with other persons in circumstances in relation to which a provision is made by this Act; or
(b) afford persons who have a disability or a particular disability, goods or access to facilities, services or opportunities to meet their special needs in relation to:
(i) employment, education, accommodation, clubs or sport; and
(ii) the provision of goods, services, facilities or land; or
(iii) the making available of facilities; or
(iv) the administration of Commonwealth laws and programs; or
(v) their capacity to live independently; or
(c) afford persons who have a disability or a particular disability, grants, benefits or programs, whether direct or indirect, to meet their special needs in relation to:
(i) employment, education, accommodation, clubs or sport; or
(ii) the provision of goods, services, facilities or land; or
(iii) the making available of facilities; or
(iv) the administration of Commonwealth laws and programs; or
(v) their capacity to live independently.
Superannuation and insurance
46.(1) This Part does not render it unlawful for a person to discriminate against another person, on the ground of the other person's disability, by refusing to offer the other person:
(a) an annuity; or
(b) a life insurance policy; or
(c) a policy of insurance against accident or any other policy of insurance; or
(d) membership of a superannuation or provident fund; or
(e) membership of a superannuation or provident scheme;
if:
(f) the discrimination:
(i) is based upon actuarial or statistical data on which it is reasonable for the first-mentioned person to rely; and
(ii) is reasonable having regard to the matter of the data and other relevant factors; or
(g) in a case where no such actuarial or statistical data is available and cannot reasonably be obtained—the discrimination is reasonable having regard to any other relevant factors.
(2) This Part does not render it unlawful for a person to discriminate against another person, on the ground of the other person's disability, in respect of the terms or conditions on which:
(a) an annuity; or
(b) a life insurance policy; or
(c) a policy of insurance against accident or any other policy of insurance; or
(d) membership of a superannuation or provident fund; or
(e) membership of a superannuation or provident scheme;
is offered to, or may be obtained by, the other person, if:
(f) the discrimination:
(i) is based upon actuarial or statistical data on which it is reasonable for the first-mentioned person to rely; and
(ii) is reasonable having regard to the matter of the data and other relevant factors; or
(g) in a case where no such actuarial or statistical data is available and cannot reasonably be obtained—the discrimination is reasonable having regard to any other relevant factors.
Acts done under statutory authority
47.(1) This Part does not render unlawful anything done by a person in direct compliance with:
(a) a determination or decision of the Commission; or
(b) an order of a court; or
(c) an order or award of a court or tribunal having power to fix minimum wages to the extent that such an order or award has specific provisions relating to the payment of rates of salary or wages to persons who, if they were not in receipt of the salary or wages, would be eligible for a disability support pension, where the salary or wages are determined by reference to the capacity of the person.
(2) This Part does not render unlawful anything done by a person in direct compliance with a prescribed law.
(3) During the period beginning at the commencement of this section and ending 3 years after the day this section commences, this Part does not render unlawful anything done by a person in direct compliance with another law.
(4) In subsection (1):
“disability support pension” has the same meaning as in the Social Security Act 1991.
(5) In subsection (2):
“law” means:
(a) a law of the Commonwealth or of a State or Territory; or
(b) regulations or any other instrument made under such a law.
Infectious diseases
48. This Part does not render it unlawful for a person to discriminate against another person on the ground of the other person's disability if:
(a) the person's disability is an infectious disease; and
(b) the discrimination is reasonably necessary to protect public health.
Exemption for charities
49.(1) This Part does not:
(a) affect a provision in a charitable instrument that confers charitable benefits, or enables charitable benefits to be conferred, wholly or in part on persons who have a disability or a particular disability; or
(b) render unlawful any act done to give effect to such provision.
(2) In this section:
“Australia” includes the external Territories;
“charitable benefits” means benefits for purposes that are exclusively charitable according to the law in force in any part of Australia;
“charitable instrument” means a deed, will or other document, whether made before or after the commencement of this Act, that confers charitable benefits or enables charitable benefits to be conferred on persons.
Telecommunications
50.(1) This Part does not render it unlawful for:
(a) a carrier; or
(b) a supplier of an eligible service;
to discriminate against another person on the ground of the other person's disability in the provision of telecommunications services through payphones and public payphones.
(2) In this section:
“carrier” has the same meaning as in the Telecommunications Act 1991;
“eligible service” has the same meaning as in the Telecommunications Act 1991;
“payphone” has the same meaning as in the Telecommunications Act 1991;
“public payphone” has the same meaning as in the Telecommunications Act 1991.
(3) Subsection (1) ceases to be in force at the end of 3 years after the day this section commences.
Pensions and allowances
51.(1) This Part does not affect discriminatory provisions relating to pensions, allowances or benefits in:
(a) the Defence Service Homes Act 1918; or
(b) the Papua New Guinea (Member of the Forces Benefits) Act 1957; or
(c) the Seamen's War Pensions and Allowances Act 1940;
(d) the Social Security Act 1991; or
(e) the Veterans' Affairs Legislation Amendment Act 1988; or
(f) the Veterans' Entitlements Act 1986; or
(g) the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986.
(2) This Part does not render unlawful anything done by a person in direct compliance with a provision referred to in subsection (1).
Migration
52. Neither Division 1 nor 2:
(a) affect discriminatory provisions in the Migration Act 1958 or any regulation made under that Act; or
(b) render unlawful anything done by a person in relation to the administration of that Act or those regulations.
Combat duties and peacekeeping services
53.(1) This Part does not render it unlawful for a person to discriminate against another person on the ground of the other person's disability in connection with employment, engagement or appointment in the Defence Force:
(a) in a position involving the performance of combat duties, combat-related duties or peacekeeping service; or
(b) in prescribed circumstances in relation to combat duties, combat-related duties or peacekeeping service; or
(c) in a position involving the performance of duties as a chaplain or a medical support person in support of forces engaged or likely to be engaged in combat duties, combat-related duties or peacekeeping service.
(2) In this section:
“combat duties” means such duties as are declared by the regulations to be combat duties for the purposes of this section;
“combat-related duties” means such duties as are declared by the regulations to be combat-related duties for the purposes of this section;
“medical support person” means:
(a) a person exclusively engaged in the search for, or the collection, transport or treatment of, the wounded or sick, or in the prevention of disease; or
(b) a person exclusively engaged in the administration of medical units and establishments;
“peacekeeping service” has the same meaning as in the Veterans' Entitlements Act 1986.
Peacekeeping services by the AFP
54.(1) This Part does not render it unlawful for a person to discriminate against another person on the ground of the other person's disability in connection with selection for peacekeeping duties as part of a Peacekeeping Force.
(2) In this section:
“AFP” means the Australian Federal Police;
“Peacekeeping Force” means a force raised or organised for the purpose of peacekeeping in an area outside Australia.
Commission may grant exemptions
55.(1) The Commission may, on application by:
(a) a person:
(i) on that person's own behalf; or
(ii) on behalf of that person and another person or other persons; or
(iii) on behalf of another person or other persons; or
(b) 2 or more persons:
(i) on their own behalf; or
(ii) on behalf of themselves and another person or other persons; or
(iii) on behalf of another person or other persons;
by instrument grant to the person or persons to whom the application relates, as the case may be, an exemption from the operation of a provision of Division 1 or 2 (other than section 31 or 32), as specified in the instrument.
(2) The Commission may, on application by a person to, or in respect of, whom an exemption from a provision of Division 1 or 2 has been granted under subsection (1), being an application made before the expiration of the period to which the exemption was granted, grant a further exemption from the operation of that provision.
(3) An exemption, or further exemption, from the operation of a provision of Division 1 or 2:
(a) may be granted subject to such terms and conditions as are specified in the instrument; and
(b) may be expressed to apply only in such circumstances, or in relation to such activities, as are specified in the instrument; and
(c) are to be granted for a specified period not exceeding 5 years.
Review by Administrative Appeals Tribunal
56. Applications may be made to the Administrative Appeals Tribunal for a review of decisions made by the Commission under section 55.
Notice of decisions to be published
57.(1) The Commission, not later than one month after it makes a decision under section 55, is to cause to be published in the Gazette a notice of the making of the decision:
(a) setting out its findings on material questions of facts; and
(b) referring to the evidence on which those findings were based; and
(c) giving the reasons for the making of the decision; and
(d) containing a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for a review of the decision to which the notice relates by or on behalf of any person or persons whose interests are affected by the decision.
(2) Any failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.
Effect of exemptions
58. This Part does not render it unlawful for a person who has been granted an exemption from a provision of Division 1 or 2, or a person in the employment or under the direction or control of a person who has been granted such an exemption, to do an act in accordance with the provisions of the instrument by which the exemption was granted.
PART 3—ACTION PLANS
Interpretation
59. In this Part:
“service provider” means a Department, a department of a State, a public authority of the Commonwealth, an instrumentality of a State, an educational institution or a person who:
(a) provides goods or services; or
(b) makes facilities available;
whether for payment or not.
Action plans
60. A service provider may prepare and implement an action plan.
Provisions of action plans
61. The action plan of a service provider must include provisions relating to:
(a) the devising of policies and programs to achieve the objects of this Act; and
(b) the communication of these policies and programs to persons within the service provider; and
(c) the review of practices within the service provider with a view to the identification of any discriminatory practices; and
(d) the setting of goals and targets, where these may reasonably be determined against which the success of the plan in achieving the objects of the Act may be assessed; and
(e) the means, other than those referred to in paragraph (d), of evaluating the policies and programs referred to in paragraph (a); and
(f) the appointment of persons within the service provider to implement the provisions referred to in paragraphs (a) to (e) (inclusive).
Action plans may have other provisions
62. The action plan of a service provider may include provisions, other than those referred to in section 61, that are not inconsistent with the objects of this Act.
Amendment of action plans
63. A service provider may, at any time, amend its action plan.
Copy of action plan to be given to Commission
64. A service provider may give:
(a) a copy of its action plan; or
(b) any amendments to the plan;
to the Commission.
Commission to sell action plans to public
65. The Commission is to sell copies of action plans or amendments to action plans given to it under section 64 to the public for a prescribed fee.
PART 4—INQUIRIES AND CIVIL PROCEEDINGS
Division 1—Preliminary
Interpretation
66. For the purposes of this Part, a reference to an act that is unlawful under a provision of Part 2 includes a reference to an act that is an offence under a provision of Division 4 of that Part.
Functions of Human Rights and Equal Opportunity Commission
67.(1) The following functions are conferred on the Commission:
(a) to inquire into alleged infringements of Part 2, and endeavour by conciliation to effect a settlement of the matters to which the alleged infringements relate;
(b) to inquire into, and make determinations on, matters referred to it by the Minister or the Commissioner;
(c) to exercise the powers conferred on it by section 55;
(d) to report to the Minister on matters relating to the development of disability standards;
(e) to monitor the operation of such standards and report to the Minister the results of such monitoring;
(f) to receive action plans under section 64;
(g) to promote an understanding and acceptance of, and compliance with, this Act;
(h) to undertake research and educational programs, and other programs, on behalf of the Commonwealth for the purpose of promoting the objects of this Act;
(i) to examine enactments, and (when requested to do so by the Minister) proposed enactments, for the purpose of ascertaining whether the enactments or proposed enactments are, or would be, inconsistent with or contrary to the objects of this Act, and to report to the Minister the results of any such examination;
(j) on its own initiative or when requested by the Minister, to report to the Minister as to the laws that should be made by the Parliament, or action that should be taken by the Commonwealth, on matters relating to discrimination on the ground of disability;
(k) to prepare, and to publish in such manner as the Commission considers appropriate, guidelines for the avoidance of discrimination on the ground of disability;
(l) where the Commission thinks it appropriate to do so, with the leave of the court hearing the proceedings and subject to any conditions imposed by the court, to intervene in proceedings that involve issues of discrimination on the ground of disability;
(m) to do anything incidental or conducive to the performance of any of the preceding functions.
(2) The Commission is not to regard an enactment or proposed enactment as being inconsistent with or contrary to the objects of this Act for the purposes of paragraph (1)(i) because of a provision of the enactment or proposed enactment that is included for the purpose referred to in section 45.
(3) The Commissioner must not participate in any inquiry held by the Commission under Division 3 or attend any meeting of the
Commission, be present during any deliberation of the Commission, or take any part in any decision of the Commission, in connection with such an inquiry.
Functions of Commissioner
68. The functions of the Commission under paragraph 67(1)(a) and the function of the Commission under paragraph 67(1)(m) to the extent that it relates to the performance of those functions, are to be performed by the Commissioner on behalf of the Commission.
Complaints
69.(1) A complaint in writing alleging that a person has done an act that is unlawful under a provision of Part 2 may be lodged with the Commission by:
(a) a person aggrieved by the act:
(i) on that person's own behalf; or
(ii) on behalf of that person and another person or other persons also aggrieved by the act; or
(b) 2 or more persons aggrieved by the act:
(i) on their own behalf; or
(ii) on behalf of themselves and another person or other persons also aggrieved by the act; or
(c) a person on behalf of another person or other persons aggrieved by the act.
(2) If it appears to the Commission that:
(a) a person wishes to make a complaint under subsection (1); and
(b) that person requires assistance to formulate the complaint or to reduce it to writing;
it is the duty of the Commission to take reasonable steps to provide appropriate assistance to that person.
Commissioner taken to be a complainant
70. If:
(a) the Commissioner has referred to the Commission a matter that came before the Commissioner otherwise than as the result of the making of a complaint to the Commission; or
(b) the Minister has referred a matter to the Commission under section 78;
then, for the purposes of any inquiry into the matter by the Commission, this Act has effect as if:
(c) the matter had been the subject of a complaint; and
(d) the reference to the complainant in section 84 were a reference to the Commissioner; and
(e) a reference to the respondent were a reference to the person
who is, or each of the persons who are, alleged to have done the act to which the matter relates.
Division 2—Inquiries by Commissioner
Inquiries by Commissioner
71. (1) If:
(a) a complaint relating to an alleged unlawful act is made to the Commission under section 69; or
(b) it appears to the Commission that a person has done an act that is unlawful under a provision of Part 2;
the Commission must notify the Commissioner accordingly and the Commissioner must, subject to subsection (2), inquire into the act and endeavour, by conciliation, to effect a settlement of the matter to which the act relates.
(2) The Commissioner may decide not to inquire into an act, or, if the Commissioner has commenced to inquire into an act, decide not to continue to inquire into the act, if:
(a) the Commissioner is satisfied that the act is not unlawful under a provision of Part 2; or
(b) the Commissioner thinks the person aggrieved by the act does not desire, or no other person aggrieved by the act desires, that the inquiry be made or continued; or
(c) in a case where a complaint has been made to the Commission in relation to the act (other than an act to which Division 4 of Part 2 applies)—a period of more than 12 months has elapsed since the act was done and the complaint was made to the Commission; or
(d) in a case where a complaint has been made to the Commission in relation to the act—the Commissioner thinks that the complaint was trivial, vexatious, misconceived or lacking in substance; or
(e) in a case where some other remedy has been sought in relation to the subject matter of the complaint—the Commissioner thinks that the subject matter of the complaint has been adequately dealt with; or
(f) the Commissioner thinks that some other more appropriate remedy in relation to the subject matter of the complaint is reasonably available to the person aggrieved by the act; or
(g) in a case where the subject matter of the complaint has already been dealt with by the Commission or by another statutory authority—the Commissioner thinks that the subject matter of the complaint has been adequately dealt with; or
(h) the Commissioner thinks that the subject matter of the
complaint could be more effectively or conveniently dealt with by another statutory authority.
(3) If the Commissioner decides not to inquire into, or not to continue to inquire into, an act in respect of which a complaint was made to the Commission, the Commissioner must give notice in writing to the complainant or each of the complainants of that decision, of the reasons for that decision and of the rights of the complainant or each of the complainants under subsection (5).
(4) Subsection (3) does not apply in relation to a decision of the Commissioner that is made at the request of the complainant or all of the complainants, as the case requires.
(5) If the Commissioner has given a complainant a notice under subsection (3), the complainant may, within 21 days after receipt of the notice, by notice in writing served on the Commissioner, require the Commissioner to refer the complaint to the President.
(6) On receipt of a notice under subsection (5), the Commissioner must refer the complaint to the President together with a report relating to any inquiries made by the Commissioner into the complaint.
(7) The Commissioner may, for the purposes of this Act, obtain information from such persons and make such inquiries, as the Commissioner thinks fit.
Application for interim determination under section 102
72.(1) If the Commissioner, at any time after a complaint is lodged and before the Commissioner declines to consider the complaint, resolves the complaint by conciliation or refers the matter to which the complaint relates to the Commission under subsection 76(1), the Commissioner may apply to the Commission for the making of an interim determination under section 102 or for the variation or revocation of any such determination.
(2) In relation to a matter arising under paragraph 71(1)(b), the Commissioner may apply to the Commission for the making of an interim determination under section 102, or for the variation or revocation of any such determination, at any time.
Power to obtain information and documents
73.(1) If the Commissioner has reason to believe that a person is capable of furnishing information (“relevant information”) or producing documents (“relevant documents”) relevant to an inquiry under this Division, the Commissioner may, by notice in writing served on the person, require the person, at such reasonable place, and within such reasonable period or on such reasonable date and at such reasonable time, as are specified in the notice:
(a) to give to the Commissioner, by writing signed by the person
or, in the case of a body corporate, by an officer of the body corporate, such relevant information (if any) as is specified in the notice; and
(b) to produce to the Commissioner such relevant documents (if any) as are specified in the notice.
(2) If documents are produced to the Commissioner in accordance with a requirement under subsection (1), the Commissioner:
(a) may take possession of, and may make copies of, or take extracts from, the documents; and
(b) may retain possession of the documents for such period as is necessary for the purposes of the inquiry to which the documents relate; and
(c) during that period must permit a person who would be entitled to inspect any one or more of the documents if they were not in the possession of the Commissioner to inspect at all reasonable times such of the documents as that person would be so entitled to inspect.
Directions to persons to attend compulsory conference
74.(1) Subject to section 85, for the purpose of inquiring into an act, and endeavouring to settle the matter to which the act relates, under section 71, the Commissioner may, by notice in writing, direct the persons referred to in subsection (2) or (3) of this section to attend, at a reasonable:
(a) time; and
(b) place;
specified in the notice, a conference presided over by the Commissioner or a person appointed by the Commissioner.
(2) Directions under subsection (1) to attend a conference in relation to an act must be given to:
(a) if a complaint was made to the Commission in relation to that act—the complainant, or all the complainants, as the case requires; and
(b) the person who is alleged to have done the act.
(3) Directions under subsection (1) to attend a conference in relation to an act may be given to any person who in the opinion of the Commissioner, is likely to be able to provide information relevant to the inquiry or whose presence at the conference is, in the opinion of the Commissioner, likely to be conducive to the settlement of the matter to which the act relates.
(4) A person who has been given a direction under subsection (1) to attend a conference is entitled to be paid by the Commonwealth a reasonable sum for the person's attendance at the conference.