Australia

Australia 

At a glance

• Australia outlawed disability discrimination with the 1992 Disability Discrimination Act. This provides broad protection for employees, customers and members of the public with disabilities. 

• Australia has both signed and ratified the UN Convention on the Rights of Persons with Disabilities (CRPD). 

Key stats

• 5.5 million Australians had a disability in 2022, which is 21.4 per cent of the population (Australian Bureau of Statistics). 

• 56.1 per cent of working age disabled Australians (15-64) were employed in 2022. This compares with 82.3 per cent of non-disabled working age Australians (Australian Bureau of Statistics). 

• The median gross personal income of a disabled person in 2022 was $575 per week. This compares with $1055 for non-disabled people (Australian Bureau of Statistics). 

The law

• Disability legislation: 
  • Disability Discrimination Act (1992) – [COPY]. The Australian Human Rights Commission has made a guide to understanding disability discrimination under this law. 

• Definition of disability – The Disability Discrimination Act defines “disability” as: 
  • 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 (including because of genetic predisposition to that disability); or
  • k) Is imputed to that person.

Language

• Person-first language – Government institutions and businesses will tend to use person-first language when talking about disability (such as “person with a disability”). However, People With Disabilities Australia states that individuals will often have a preference for one or the other, so either can be acceptable depending on context. If unsure, it is advisable to stick to person-first language. 

• Reasonable adjustments – When talking about changes to remove barriers for disabled people, the Disability Discrimination Act says “reasonable adjustments.” 

• Style guides – There are style guides available with lists of words and phrases to use and avoid. These include: 
  • National Disability Service’s ‘Disability and Engagement.’ 
  • People With Disabilities Australia’s ‘Language Guide.’ 

Employment

• Adjustments / accommodations – The Disability Discrimination Act requires employers to make reasonable adjustments to remove barriers for disabled employees. Failure to make reasonable adjustments can be discriminatory.  

• Positive discrimination – There is no explicit provision in Australian law for or against positive discrimination (treating applicants, candidates and employees more favourably because of their disability). It is likely that Australia’s prohibition of discrimination would extend to positive discrimination. 

• Asking for information –Employers can ask about disability status during recruitment and employment, as long as the question is voluntary and the individual is not disadvantaged by being disabled. Questions must relate to their ability to do the role. The Australian Human Rights Commission has more information. 

• Quotas – Australia does not require employers to meet a quota of disabled employees in their workforce.  

• Data – Employers can store data on disability status, as long as the questions were voluntary and the individual has given written consent. The employer must respect the individual’s confidentiality and meet the requirements of the 1998 Privacy Act. 

• Incentives – There are a number of incentives for employers to hire and retain disabled employees, including:  
  • Employment Assistance Fund – Financial support to contribute towards the cost of workplace adjustments and other modifications. 
  • Workplace Modification Scheme – Reimburses employers for the costs of workplace adjustments. 
  • Supported Wage Scheme – This allows an employer to pay a productivity-based wage to disabled employees. 
  • See Disability Works Australia’s website for more information. 

Customers

• Providers of goods and services are required by the Disability Discrimination Act not to disadvantage disabled customers and to make reasonable adjustments where this would avoid discrimination. This includes modifying premises, making information accessible, allowing in assistance animals, 

Built environment

• The Disability Discrimination Act makes it unlawful to discriminate against disabled people by having inaccessible premises. This applies to premises open to the public, including private businesses. The applicable standard to meet this requirement is outlined in the ‘Disability (Access to Premises – Buildings) Standards 2010.’ 

Digital accessibility

• The Disability Discrimination Act requires organisations to avoid discrimination in the provision of information, including online. It does not specify a standard, but the Australian Human Rights Commission recommends adhering to W3C’s WCAG in its ‘World Wide Web Access: Disability Discrimination Act Advisory Notes.’ 

Country-specific disability organisations 

• People With Disability Australia (PWDA) – Advocates for the rights of people with disabilities in Australia. They run projects to improve disability inclusion and provide advice and guidance on key topics relating to disability. 
• Centre for Universal Design Australia (CUDA) – Provides detailed guidance on creating accessible products and services in Australia.