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Australian Disability Discrimination Act (DDA) The Disability Discrimination Act was introduced in 1992 to ensure equity of access for all Australian, including those with a disability, to goods, services, premises, and facilities. Following is an abridged version, prepared by Hunarch Consulting, of those parts of the DDA that relate to premises and that are of direct relevance to building designers, developers and managers. DDA Sections applicable to premises: Direct Discrimination: less favourable treatment Discrimination occurs if, because of a person's disability, the person is, or is proposed to be, treated less favourably than a person without the disability. Indirect Discrimination: unreasonable terms
& conditions Discrimination occurs if, because of a person's disability, the person is required to comply with a requirement or condition: Discrimination: use of devices & aids
Discrimination occurs if a person who has a disability is treated less favourably because he or she is accompanied by Contributory reasons for discrimination If an act is done for 2 or more reasons; and one of the reasons is the disability of a person (whether or not it is the dominant or a substantial reason for the act) then the act is regarded as being done for The disability-related reason. Discrimination in employment A prospective or current employee (or contract worker) must not be discriminated against because of the person's disability, or the disability of any associate: Discrimination in education A prospective or current student must not be discriminated against because of the student's disability, or because of the disability of any associate: Discrimination in access to & use of premises
Unless unjustifiable hardship applies, a person must not be discriminated against because of the person's disability, or the disability of any associate: Discrimination is allowed if premises are existing, and alterations required to make them accessible would impose unjustifiable hardship on the person providing the accessibility. Discrimination in access to & use of goods,
services and facilities Unless unjustifiable hardship applies, a person must not be discriminated against because of the person's disability, or the disability of any associate Discrimination is allowed if providing the goods or services, or making the facilities available, would impose unjustifiable hardship on the person providing or making them available. Discrimination in accommodation Unless unjustifiable hardship applies, a person must not be discriminated against because of the person's disability, or the disability of any associate: (i) the person has undertaken to restore the accommodation to its condition before alteration on leaving the accommodation; and (ii) it is likely that the person will perform the undertaking; and (iii) 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 the person's own expense. Discrimination is allowed if special accommodation services or facilities would be required and their provision would impose unjustifiable hardship on the person providing or proposing to provide the accommodation. Abridgement prepared by Rod A Hunter [Return to top] |