Transcript Equal Opportunity Commission Presentation

Relevant Acts
 Disability Discrimination Act 1992 (Cth)
 Equal Opportunity Act 1984 (SA)
DDA 1992 - Key Points
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physical disability
intellectual disability
psychiatric disability
sensory disability
neurological or learning disability
physical disfigurement
presence in the body of diseasecausing organism (for example, HIV virus)
DDA 1992 - Key Points
Covers people with a disability which people:
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have now
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had in the past (eg. back injury, episode
of mental illness)
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may have in the future (eg. genetic
illness (Parkinson’s disease), heart
disease, HIV positive
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are believed to have (eg.assumption
that someone living with someone with an
infectious disease also has that disease
(eg AIDS)
DDA 1992 - Key Points
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Loss of physical or mental functions
(eg.person who has quadriplegia, person
who has a brain injury, epilepsy or a vision
and hearing impairment)
 Loss of part of the body
 Infectious and non-infectious diseases
and illnesses (eg. AIDS, hepatitis or TB,
allergies, typhoid bacteria)
 Malfunction, malformation or
disfigurement of a part of a person's
body (eg.diabetes, asthma, birth marks or
scars)
DDA 1992 - Key Points
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A condition which means a person
learns differently from other people
(ie autism, dyslexia, intellectual disability)
 Any condition which affects a person's
thought process, understanding of
reality, emotions or judgement or which
results in disturbed behaviour
(ie mental illness, depression, neurosis,
personality disorder)
DDA 1992 - Key Points
 The person with the disability must be
able to fulfil the inherent
requirements of the job/course.
 The employer/educator must make
such accommodations as will allow
the p.w.a.d. to work/study; provided
 Such accommodations do not cause
unreasonable hardship.
SAEOA 1984 Key Points
 Physical impairment
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The total or partial loss of any function of the body
The total or partial loss of any part of the body
The malfunctioning of any part of the body
The malformation or disfigurement of any part of
the body
 Whether permanent or temporary, but does not
include intellectual impairment or mental illness
 Intellectual impairment
 Means permanent or temporary loss or imperfect
development of mental faculties (except where
attributable to mental illness) resulting in reduced
intellectual capacity.
SAEOA 1984 Key Points
Impairment includes
 Past
 Current and/or
 Presumed
SAEOA Key Points
 Section 74 (Impairment – Educational authorities)
 Refusing, failing to accept application for admission
 In terms or conditions on which it offers to admit the
person as a student
 In terms or conditions on which it provides the education
or training
 By denying or limiting access to any benefit
 By expelling the student
 By subjecting the student to any other detriment
Exemption for admission to specific institutions to
provide services for students with particular
impairments
SAEOA Exemption
 Section 71 (Impairment exemption in relation
to employment)
If person with the impairment is unable to
 perform adequately, and without
endangering himself or herself or other
persons, the work genuinely and
reasonably required for the employment or
position in question or
 To respond adequately to situations or
emergency that should reasonably be
anticipated in connection with the
employment or position in question
SAEOA
Key Gaps
 Does not cover Access issues
 Does not cover complaints ‘by
association’ with a person with a
disability
 Does not include ‘mental illness’
How is the DDA 1992
broader than the SAEOA
1984 ?
 Broader definition of disability;
 Stronger “reasonable accommodation”
provisions;
 Binds State & Local Governments and
private industry;
 Also prohibits discrimination against
those associated with a person with a
disability.
Hypothetical – You be the
Judge
 Strilla (a student) complained to her Head of
School that she was denied access to the
university’s computer rooms. She alleged this
was because of her disability (personality
disorder, learning disorder and chronic back
pain)
 The University agreed restrictions had been
placed on Strilla but stated this was due to
complaints received from staff about the
threatening and harassing manner in which
Strilla approached them.
Hypothetical – You be the
Judge
 Neither Strilla or the University were aware of
her disability until after the date of the alleged
discrimination.
 Restrictions placed on Strilla included;
 Not to approach staff other than direct teacher
 Not to enter building where computer room was
located
 Reasons for the restrictions included;
 That Strilla had approached staff in a threatening
manner
Discussion questions
 What / How would you advise the
University in this case ?
 Do you think this constitutes a disability
discrimination complaint?
 What do you think happened in this case ?
Disability
Purvis v New South Wales
High Court Decision 11 November 2003
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D has a brain injury that causes him to have
violent outbursts
D enrols in a mainstream high school.
The school accepts D’s enrolment and
implements an integration program.
Soon after enrolment D kicks and punches staff
and students. D is suspended and eventually
expelled from the school.
Other resources
 EOC
www.eoc.sa.gov.au or 8207 1977
For links to other legislation and Equal
Opportunity Act 1984 (SA)
 Human Rights and Equal Opportunity
Commission
www.humanrights.gov.au
For links to Disability rights information and
information for employers and students