Changes to the Disability Discrimination Act 1992 (Cth)

It’s important to be aware of significant changes to the Disability Discrimination Act 1992 (Cth) which commenced on 5 August 2009. These include:

• expanding the definition of disability to include a genetic predisposition to a disability as well as behaviour that is a symptom or manifestation of a disability covered by the definition
• extending the definition of indirect discrimination to include “proposed” acts (for instance, plans or intentions) of indirect discrimination
• introducing a “duty to make reasonable adjustments” to accommodate a person with a disability. * extending the operation of the “unjustifiable hardship” defence by making it available in all areas of public life
• extending the inherent requirements defence to be available to employers in a wider range of circumstances
• replacing the proportionality test with a test to determine if the requirement or condition disadvantages the person with a disability
• shifting to the respondent the burden of proving that a requirement or condition in indirect discrimination is reasonable.

In the case of acts that occurred before 5 August 2009, the old provisions of the Disability Discrimination Act will apply.