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Disability discrimination

If you experience discrimination because of your disability, the law may be able to help you. This page describes discrimination and how the law defines disability.

If you are treated unfairly or bullied because of your disability, the law may be able to help you.

State and Commonwealth laws cover where and when disability discrimination is against the law.

'Disability' is defined in these discrimination laws.

How the law defines disability

'Disability' is defined in Victorian and Commonwealth discrimination laws, and includes:

  • total or partial loss of a bodily function, such as sight, hearing or mobility
  • disfigurement
  • mental health disorders
  • learning difficulties.

The definition of disability also includes:

  • Future disability, such as a health condition that runs in your family that you may develop.
  • ‘Imputed’ disability, such as something that someone believes another person has, whether or not they do. For example, it would be wrong for a school to assume that you have a learning disability or mental illness just because you have a stutter.

When discrimination is against the law

State and Commonwealth laws make it unlawful to:

  • directly or indirectly discriminate against a person because of their disability
  • ask a person with a disability to provide information or answer questions that might be used to discriminate against them. For more information visit Disability discrimination and employment.
  • victimise a person because they have made a disability discrimination complaint.

There is also an obligation to make reasonable adjustments for people with a disability.

This applies to:

  • employers
  • educational institutions
  • providers of goods, services, and facilities
  • landlords and housing providers
  • sellers of land
  • clubs and associations (including sporting groups).

Where discrimination is against the law

Disability discrimination is against the law in these following areas of life.

Employment

An employer cannot discriminate against you:

  • in the terms and conditions of employment
  • during the job application process
  • in promotion or dismissal
  • by refusing to make reasonable adjustments for you.

For example, it may be against the law to refuse employment to a courier because they cannot use a mobile phone to receive calls as they are deaf.

It may also be against the law not to allow you to work modified hours because your disability means you need to start later in the day.

Visit our page Disability discrimination and employment for more information.

Education

An educational institution cannot discriminate against you:

  • In deciding whether to enrol you as a student. For example, it may be against the law for a school to refuse to accept your enrolment because you need some adjustments made to accommodate your cerebral palsy.
  • By denying or limiting access to any benefit provided by the institution, such as by not offering you the same work experience opportunities as other students.
  • By expelling or otherwise penalising you.
  • By failing to make reasonable adjustments to allow you to participate in educational activities and benefit from them. For example, by not providing teaching materials in a form that is accessible to you.

Goods, services and facilities

You cannot be discriminated against when you are shopping or receiving services.

It does not matter whether you pay for a service, or it is provided for free by the government or a charity organisation.

Services must also make reasonable adjustments for you. For example, if you cannot speak on the phone, a company should provide an alternative means for you to communicate with them.

Access to public premises

You cannot be discriminated against by being refused access to or use of premises open to the public. This includes libraries, government offices, hospitals, doctors’ surgeries, restaurants, and shops.

Reasonable adjustments must also be made to allow people with disabilities to access public premises. For example, all public buildings should have wheelchair access.

Accommodation

A landlord or housing provider cannot discriminate against you, either in:

  • deciding whether to accept you as a tenant
  • the conditions on which they provide accommodation.

For example, it is is against the law to refuse to accept you as a tenant because you have a guide dog.

Clubs and associations

You cannot be discriminated against if you want to join a club or association, or in the conditions of your membership of a club or association.

For example, it may be unlawful to refuse membership of a social club to a person because they use a wheelchair and need some help accessing the social club venues.

Sport

You cannot be discriminated against by excluding you from a sporting activity, so long as you are reasonably capable of taking part in the activity.

For example, if you have the ability to play cricket or swim competitively, you cannot be excluded because you have asthma or are deaf.

Local government

You cannot be discriminated against by:

  • being refused council positions because of your disability.
  • council services, amenities, by-laws and programs.

Other support

Find out how you can get other support for discrimination.

Publications and resources

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