Australia – Disability Discrimination Act

Endnote 1—About the endnotes

Endnote 5—Editorial changes

This Act may be cited as the Disability Discrimination Act 1992.

3 Objects

4 Interpretation

1. In this Act, unless the contrary intention appears:

accommodation includes residential or business accommodation.

administrative office means:

1. an office established by, or an appointment made under, a law of the Commonwealth; and
2. an office established by, or an appointment made under, a law of a Territory; and
3. an appointment made by the GovernorGeneral or a Minister otherwise than under a law of the Commonwealth or of a Territory; and
4. an appointment as a director of an incorporated company that is a public authority of the Commonwealth; but does not include:
5. an office of member of the Assembly, member of the Executive, or Minister within the meaning of the Australian Capital Territory (SelfGovernment) Act 1988; or
6. an office of member of the Legislative Assembly, member of the Council or Minister of the Territory, within the meaning of the Northern Territory (SelfGovernment) Act 1978; or
7. an office or appointment in the Australian Public Service; or
8. an office of a person employed or engaged under the Members of Parliament (Staff) Act 1984.

Note: A person who holds an office mentioned in paragraph (h) or (i) is covered by the definition of Commonwealth employee.

assistance animal has the meaning given by subsection 9(2).

associate, in relation to a person, includes:

1. a spouse of the person; and
2. another person who is living with the person on a genuine domestic basis; and
3. a relative of the person; and
4. a carer of the person; and
5. another person who is in a business, sporting or recreational relationship with the person.

carer or assistant has the meaning given by subsection 9(1).

club means an association (whether incorporated or unincorporated) of persons associated together for social, literary, cultural, political, sporting, athletic or other lawful purposes that provides and maintains its facilities, in whole or in part, from the funds of the association.

Commission means the Australian Human Rights Commission.

commission agent means a person who does work for another person as the agent of that other person and who is remunerated, whether in whole or in part, by commission.

Commissioner means the Disability Discrimination Commissioner appointed under section 113.

committee of management, in relation to a club or a registered organisation, means the group or body of persons (however described) that manages the affairs of that club or organisation, as the case may be.

Commonwealth agency means an agency within the meaning of the Privacy Act 1988.

Commonwealth employee means a person who:

1. is appointed or engaged under the Public Service Act 1999;
2. holds an administrative office; or
3. is employed by a public authority of the Commonwealth; or
4. holds an office or appointment in the Commonwealth Teaching Service or is employed as a temporary employee under the Commonwealth Teaching Service Act 1972; or
5. is employed under the Australian Security Intelligence Organisation Act 1979 or the Commonwealth Electoral Act 1918; or
6. is a member of the Defence Force; or
7. is the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979); or
8. is a person employed or engaged under the Members of Parliament (Staff) Act 1984.

Note: See also section 124 (Commonwealth taken to be employer of Commonwealth employees).

Commonwealth law means:

1. an Act, or a regulation, rule, bylaw or determination made under an Act; or
2. an ordinance of a Territory, or a regulation, rule, bylaw or determination made under an ordinance of a Territory; or
3. an order or award made under a law referred to in paragraph (a) or (b).

Commonwealth program means a program conducted by or on behalf of the Commonwealth Government.

contract worker means a person who does work for another person under a contract between the employer of the firstmentioned person and that other person.

Convention means the Discrimination (Employment and Occupation) Convention, 1958 adopted by the General Conference of the International Labour Organization on 25 June 1958, a copy of the English text of which is set out in Schedule 1 of the Australian Human Rights Commission Act 1986.

Covenant on Civil and Political Rights means the International Covenant on Civil and Political Rights, a copy of the English text of which is set out in Schedule 2 of the Australian Human Rights Commission Act 1986.

Department means an Agency within the meaning of the Public Service Act 1999.

Disabilities Convention means the Convention on the Rights of Persons with Disabilities, done at New York on 30 March 2007, as in force for Australia.

Note: The text of the Convention is set out in Australian Treaty Series 2008 No. 12 ([2008] ATS 12). In 2008, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

disability, in relation to a person, means:

1. total or partial loss of the persons bodily or mental functions; or
2. total or partial loss of a part of the body; or
3. the presence in the body of organisms causing disease or illness; or
4. the presence in the body of organisms capable of causing disease or illness; or
5. the malfunction, malformation or disfigurement of a part of the persons body; or
6. a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or
7. a disorder, illness or disease that affects a persons thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour; and includes a disability that:
8. presently exists; or
9. previously existed but no longer exists; or
10. may exist in the future (including because of a genetic predisposition to that disability); or
11. is imputed to a person.

To avoid doubt, a disability that is otherwise covered by this definition includes behaviour that is a symptom or manifestation of the disability.

disability aid has the meaning given by subsection 9(3).

disability standards has the meaning given by subsection 31(1).

discriminate has the meaning given by sections 5 and 6.

Note: Section 7 (associates) and section 8 (carers, assistants, assistance animals and disability aids) extend the concept of discrimination.

educational authority means a body or person administering an educational institution.

educational institution means a school, college, university or other institution at which education or training is provided.

education provider means:

1. an educational authority; or
2. an educational institution; or
3. an organisation whose purpose is to develop or accredit curricula or training courses used by other education providers referred to in paragraph (a) or (b).

employment includes:

1. parttime and temporary employment; and
2. work under a contract for services; and
3. work as a Commonwealth employee; and
4. work as an employee of a State or an instrumentality of a State.

employment agency means any person who, or body that, whether for payment or not, assists persons to find employment or other work or assists employers to find employees or workers, and includes the Commonwealth Employment Service.

enactment has the same meaning as in the Australian Human Rights Commission Act 1986.

exemption means an exemption granted under section 55.

Federal Court means the Federal Court of Australia.

function includes duty.

instrumentality of a State means a body or authority established for a public purpose by a law of a State and includes a local government body.

premises includes:

1. a structure, building, aircraft, vehicle or vessel; and
2. a place (whether enclosed or built on or not); and
3. a part of premises (including premises of a kind referred to in paragraph (a) or (b)).

President means President of the Commission.

principal means:

1. in relation to a commission agent—a person for whom the commission agent does work as a commission agent; and
2. in relation to a contract worker—a person for whom the contract worker does work under a contract between the employer of the contract worker and the person.

principal executive, in relation to a Commonwealth agency, has the same meaning as in Part V of the Privacy Act 1988.

proposed enactment has the same meaning as in the Australian Human Rights Commission Act 1986.

public authority of the Commonwealth means:

1. a body incorporated, whether before or after the commencement of this Act, for a public purpose by a law of the Commonwealth or a law of a Territory, being a body corporate employing staff on its own behalf; or
2. an authority or body, not being a body corporate, established, whether before or after the commencement of this Act, for a public purpose by, or in accordance with the provisions of, a law of the Commonwealth or a law of a Territory, being an authority or body employing staff on its own behalf; or
3. an incorporated company over which the Commonwealth, or a body or authority referred to in paragraph (a) or (b), is in a position to exercise control.

reasonable adjustment: an adjustment to be made by a person is a

reasonable adjustment unless making the adjustment would impose an unjustifiable hardship on the person.

registered charity means an entity that is registered under the Australian Charities and Notforprofits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 255(5) of that Act.

registered organisation means an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009.

relative, in relation to a person, means a person who is related to the firstmentioned person by blood, marriage, affinity or adoption.

services includes:

1. services relating to banking, insurance, superannuation and the provision of grants, loans, credit or finance; or
2. services relating to entertainment, recreation or refreshment; or
3. services relating to transport or travel; or
4. services relating to telecommunications; or
5. services of the kind provided by the members of any profession or trade; or
6. services of the kind provided by a government, a government authority or a local government body.

State, except in subsections 12(11) and (12), includes the Australian Capital Territory and the Northern Territory.

Territory, except in subsection 12(12) or in paragraph (c) of the definition of administrative office in this subsection, does not include the Australian Capital Territory and the Northern Territory.

unjustifiable hardship has a meaning affected by section 11.

voluntary body means an association or other body (whether incorporated or unincorporated) the activities of which are not engaged in for the purpose of making a profit, but does not include:

1. a club; or
2. a body established by a law of the Commonwealth, a State or a Territory; or
3. an association that provides grants, loans, credit or finance to its members.

2. For the purposes of this Act, refusing or failing to do an act is taken to be the doing of an act and a reference to an act includes a reference to a refusal or failure to do an act.

(1) This Act applies in relation to a person who has an associate with a disability in the same way as it applies in relation to a person with the disability.

Example: It is unlawful, under section 15, for an employer to discriminate against an employee on the ground of a disability of any of the employees associates.

(2) For the purposes of subsection (1), but without limiting that subsection, this Act has effect in relation to a person who has an associate with a disability as if:

(3) This section does not apply to section 53 or 54 (combat duties and peacekeeping services) or subsection 54A(2) or (3) (assistance animals).

Note: The combined effect of sections 7 and 8 is that this Act applies in relation to a person who has an associate who has a carer, assistant, assistance animal or disability aid in the same way as it applies in relation to a person with a disability.

(1) This Act applies in relation to having a carer, assistant, assistance animal or disability aid in the same way as it applies in relation to having a disability.

Example: For the purposes of section 5 (direct discrimination), circumstances are not materially different because of the fact that a person with a disability requires adjustments for the persons carer, assistant, assistance animal or disability aid (see subsection 5(3)).

(2) For the purposes of subsection (1), but without limiting that subsection, this Act has effect in relation to a person with a disability who has a carer, assistant, assistance animal or disability aid as if:

(3) This section does not apply to section 48 (infectious diseases) or section 54A (exemptions in relation to assistance animals).

Note: The combined effect of sections 7 and 8 is that this Act applies in relation to a person who has an associate who has a carer, assistant, assistance animal or disability aid in the same way as it applies in relation to a person with a disability.

(1) For the purposes of this Act, a carer or assistant, in relation to a person with a disability, is one of the following who provides assistance or services to the person because of the disability:

(2) For the purposes of this Act, an assistance animal is a dog or other animal:

(3) For the purposes of this Act, a disability aid, in relation to a person with a disability, is equipment (including a palliative or therapeutic device) that:

Having a carer, assistant, assistance animal or disability aid

(4) The following table has effect:

If:

then, for the purposes of this Act, the act is taken to be done for that reason.

(1) For the purposes of this Act, in determining whether a hardship that would be imposed on a person (the first person) would be an unjustifiable hardship, all relevant circumstances of the particular case must be taken into account, including the following:

Example: One of the circumstances covered by paragraph (1)(a) is the nature of the benefit or detriment likely to accrue to, or to be suffered by, the community.

(2) For the purposes of this Act, the burden of proving that something would impose unjustifiable hardship lies on the person claiming unjustifiable hardship.

(1) In this section:

Australia includes the external Territories.

limited application provisions means the provisions of Divisions 1, 2, 2A and 3 of Part 2 other than sections 20, 29 and 30.

(2) Subject to this section, this Act applies throughout Australia.

(3) This Act has effect in relation to acts done within a Territory.

(4) The limited application provisions have effect as provided in subsection (3) of this section and the following provisions of this section and not otherwise.

(5) Sections 15, 16 and 17 have effect in relation to discrimination against:

(6) Section 19 has effect in relation to discrimination by an authority or body in the exercise of a power under a Commonwealth law to confer, renew, extend, revoke or withdraw an authorisation or qualification.

(7) The limited application provisions have effect in relation to acts done by, or on behalf of:

(8) The limited application provisions have effect in relation to discrimination against a person with a disability to the extent that the provisions:

(9) The limited application provisions have effect in relation to discrimination by a foreign corporation, or a trading or financial corporation formed within the limits of the Commonwealth, or by a person in the course of the persons duties or purported duties as an officer or employee of such a corporation.

(10) Without limiting the effect of subsection (9), the limited application provisions have effect in relation to discrimination by a trading or financial corporation formed within the limits of the Commonwealth, or by a person in the course of the persons duties or purported duties as an officer or employee of such a corporation, to the extent that the discrimination takes place in the course of the trading activities of the trading corporation or the financial activities of the financial corporation, as the case may be.

(11) The limited application provisions have effect in relation to discrimination in the course of, or in relation to, the carrying on of the business of:

(12) The limited application provisions have effect in relation to discrimination in the course of, or in relation to, trade or commerce:

(13) The limited application provisions have effect in relation to discrimination within Australia involving persons or things, or matters arising outside Australia.

(14) The provisions of Division 3 of Part 2 have effect in relation to acts done within Australia involving persons or things, or matters arising outside Australia.

Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(1) A reference in this section to this Act is a reference to this Act as it has effect because of a provision of section 12.

(2) A reference in this section to a law of a State or Territory is a reference to a law of a State or Territory that deals with discrimination on the grounds of disability.

(3) This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.

(3A) Subsection (3) does not apply in relation to Division 2A of Part 2 (Disability standards).

(4) If:

(5) If:

(1) This Act binds the Crown in right of the Commonwealth and of each of the States.

(2) This Act does not render the Crown in right of the Commonwealth or of a State liable to be prosecuted for an offence.

(1) It is unlawful for an employer or a person acting or purporting to act on behalf of an employer to discriminate against a person on the ground of the other persons disability:

(2) It is unlawful for an employer or a person acting or purporting to act on behalf of an employer to discriminate against an employee on the ground of the employees disability:

(3) Neither paragraph (1)(a) nor (b) renders it unlawful for a person to discriminate against another person, on the ground of the other persons disability, in connection with employment to perform domestic duties on the premises on which the firstmentioned person resides.

(1) It is unlawful for a principal to discriminate against a person on the ground of the persons disability:

(2) It is unlawful for a principal to discriminate against a commission agent on the ground of the commission agents disability:

It is unlawful for a principal to discriminate against a contract worker on the ground of the contract workers disability:

(1) It is unlawful for 3 or more persons who are proposing to form themselves into a partnership to discriminate against another person on the ground of the other persons disability:

(2) It is unlawful for any one or more of the partners in a partnership consisting of 3 or more partners to discriminate against another person on the ground of the other persons disability:

(3) It is unlawful for any one or more of the partners in a partnership consisting of 3 or more partners to discriminate against another partner in the partnership on the ground of the other partners disability:

It is unlawful for an authority or body that is empowered to confer, renew, extend, revoke or withdraw an authorisation or qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to discriminate against a person on the ground of the persons disability:

(1) It is unlawful for a registered organisation, the committee of management of a registered organisation or a member of the committee of management of a registered organisation to discriminate against a person, on the ground of the persons disability:

(1) It is unlawful for an employment agency to discriminate against a person on the ground of the persons disability:

(2) This Part does not require an employment agency to ensure that an employer complies with this Act.

(3) Subsection (2) does not affect the operation of section 122 (which applies if an employment agency causes, instructs, induces, aids or permits an employer to do an unlawful act).

(1) This Division does not render it unlawful for a person (the discriminator) to discriminate against another person (the aggrieved person) on the ground of a disability of the aggrieved person if:

(2) For the purposes of paragraph (1)(b), the following factors are to be taken into account in determining whether the aggrieved person would be able to carry out the inherent requirements of the particular work:

(3) For the purposes of this section, the aggrieved person works for another person if:

(4) This section does not apply in relation to:

This Division does not render it unlawful for a person (the discriminator) to discriminate against another person on the ground of a disability of the other person if avoiding the discrimination would impose an unjustifiable hardship on the discriminator.

(1) It is unlawful for an educational authority to discriminate against a person on the ground of the persons disability:

(2) It is unlawful for an educational authority to discriminate against a student on the ground of the students disability:

(2A) It is unlawful for an education provider to discriminate against a person on the ground of the persons disability:

(3) This section does not render it unlawful to discriminate against a person on the ground of the persons disability in respect of admission to an educational institution established wholly or primarily for students who have a particular disability where the person does not have that particular disability.

It is unlawful for a person to discriminate against another person on the ground of the other persons disability:

It is unlawful for a person who, whether for payment or not, provides goods or services, or makes facilities available, to discriminate against another person on the ground of the other persons disability:

(1) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other persons disability:

(2) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other persons disability:

(3) This section does not apply to or in respect of:

(1) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other persons disability:

(2) This section does not apply in relation to a disposal of an estate or interest in land by will or by way of gift.

(1) It is unlawful for a club or incorporated association, the committee of management of a club or a member of the committee of management of a club or incorporated association to discriminate against a person who is not a member of the club or association on the ground of the persons disability:

(2) It is unlawful for a club or incorporated association, the committee of management of a club or a member of the committee of management of a club or incorporated association to discriminate against a person who is a member of the club or association on the ground of the members disability:

(4) Neither subsection (1) nor (2) renders it unlawful to discriminate against a person on the ground of the persons disability if membership (however described) of the club or incorporated association is restricted only to persons who have a particular disability and the firstmentioned person does not have that disability.

(1) It is unlawful for a person to discriminate against another person on the ground of the other persons disability by excluding that other person from a sporting activity.

(2) In subsection (1), a reference to a sporting activity includes a reference to an administrative or coaching activity in relation to any sport.

(3) Subsection (1) does not render unlawful discrimination against a person:

It is unlawful for a person who performs any function or exercises any power under a Commonwealth law or for the purposes of a Commonwealth program or has any other responsibility for the administration of a Commonwealth law or the conduct of a Commonwealth program, to discriminate against another person on the ground of the other persons disability in the performance of that function, the exercise of that power or the fulfilment of that responsibility.

This Division (other than section 30) does not render it unlawful for a person (the discriminator) to discriminate against another person on the ground of a disability of the other person if avoiding the discrimination would impose an unjustifiable hardship on the discriminator.

(1) This section applies in relation to a person (the first person) if, under Division 1 or this Division, it would be unlawful for the first person, in doing a particular act, to discriminate against another person on the ground of a disability of the other person.

(2) It is unlawful for the first person to request or require the other person to provide information (whether by completing a form or otherwise) if:

(3) Subsection (2) does not apply if:

(4) This section has effect subject to subsection 54A(5) (evidence that an animal is an assistance animal).

(1) The Minister may, by legislative instrument, formulate standards, to be known as disability standards, in relation to any area in which it is unlawful under this Part for a person to discriminate against another person on the ground of a disability of the other person.

(2) Without limiting subsection (1), a disability standard may:

(3) Before making a disability standard, the Minister must take into consideration any comments made to the Minister by a Minister of a State or Territory who is responsible for matters relating to disability discrimination.

(4) A legislative instrument made under this section does not take effect before the end of the period in which it could be disallowed in either House of the Parliament.

It is unlawful for a person to contravene a disability standard.

Division 5 (other than subsections 55(1A) to (1D) and any reference in that Division to those provisions) does not apply in relation to a disability standard.

If a person acts in accordance with a disability standard this Part (other than this Division) does not apply to the persons act.

(1) It is unlawful for a person to harass another person who:

(2) It is unlawful for a person to harass another person who:

(3) It is unlawful for a person to harass another person who:

(4) It is unlawful for a person to harass another person who:

(5) It is unlawful for a person to harass another person who:

(6) It is unlawful for a person to harass another person who:

It is unlawful for a person who is a member of the staff of an educational institution to harass another person who:

It is unlawful for a person who, whether for payment or not, provides goods or services, or makes facilities available, to harass another person who:

Except as expressly provided by this Division, nothing in this Act makes it an offence to do an act that is unlawful because of a provision of this Part.

(1) It is an offence for a person to commit an act of victimisation against another person.

Penalty: Imprisonment for 6 months.

(2) For the purposes of subsection (1), a person is taken to commit an act of victimisation against another person if the firstmentioned person subjects, or threatens to subject, the other person to any detriment on the ground that the other person:

It is an offence for a person:

(1) It is an offence for a person to publish or display, or cause or permit to be published or displayed, an advertisement or notice that indicates, or could reasonably be understood as indicating, an intention by that person to do an act that is unlawful under a provision of Division 1, 2, 2A or 3.

Penalty: 10 penalty units.

(2) For the purposes of subsection (1), advertisement includes every form of advertisement or notice, whether to the public or not, and whether in a newspaper or other publication, by television or radio, by display of notices, signs, labels, show cards or goods, by distribution of samples, circulars, catalogues, price lists or other material, by exhibition of pictures, models or films or in any other way, and the reference in that subsection to publish or display, in relation to an advertisement, is to be construed accordingly.

(1) This Part does not render it unlawful to do an act that is reasonably intended to:

(2) However, subsection (1) does not apply:

(1) This Part does not render it unlawful for a person to discriminate against another person, on the ground of the other persons disability, by refusing to offer the other person:

(2) This Part does not render it unlawful for a person to discriminate against another person, on the ground of the other persons disability, in respect of the terms or conditions on which:

(1) This Part does not render unlawful anything done by a person in direct compliance with:

(2) This Part does not render unlawful anything done by a person in direct compliance with a prescribed law.

(4) In subsection (1):

disability support pension has the same meaning as in the Social Security Act 1991.

(5) In subsection (2):

law means:

This Part does not render it unlawful for a person to discriminate against another person on the ground of the other persons disability if:

This Part does not:

(1) This Part does not affect discriminatory provisions relating to pensions, allowances or benefits in:

(2) This Part does not render unlawful anything done by a person in direct compliance with a provision referred to in subsection (1).

Divisions 1, 2 and 2A do not:

(1) This Part does not render it unlawful for a person to discriminate against another person on the ground of the other persons disability in connection with employment, engagement or appointment in the Defence Force:

(2) In this section:

combat duties means such duties as are declared by the regulations to be combat duties for the purposes of this section.

combatrelated duties means such duties as are declared by the regulations to be combatrelated duties for the purposes of this section.

medical support person means:

(1) This Part does not render it unlawful for a person to discriminate against another person on the ground of the other persons disability in connection with selection for peacekeeping duties as part of a Peacekeeping Force.

(2) In this section:

AFP means the Australian Federal Police.

Peacekeeping Force means a force raised or organised for the purpose of peacekeeping in an area outside Australia.

(1) This section applies in relation to a person with a disability who has an assistance animal.

Note: For when a person with a disability has an assistance animal, see subsections 9(2) and (4).

(2) This Part does not render it unlawful for a person to request or to require that the assistance animal remain under the control of:

(3) For the purposes of subsection (2), an assistance animal may be under the control of a person even if it is not under the persons direct physical control.

(4) This Part does not render it unlawful for a person (the discriminator) to discriminate against the person with the disability on the ground of the disability, if:

(5) This Part does not render it unlawful for a person to request the person with the disability to produce evidence that:

(6) This Part does not render it unlawful for a person (the discriminator) to discriminate against the person with the disability on the ground that the person with the disability has the assistance animal, if:

(7) This Part does not affect the liability of a person for damage to property caused by an assistance animal.

(1) The Commission may, on application by:

(2) The Commission may, on application by a person to, or in respect of, whom an exemption from a provision of Division 1 or 2 has been granted under subsection (1), being an application made before the expiration of the period to which the exemption was granted, grant a further exemption from the operation of that provision.

(3) An exemption granted under subsection (1), or further exemption, from the operation of a provision of Division 1 or 2:

Applications may be made to the Administrative Appeals Tribunal for a review of decisions made by the Commission under section 55.

(1) The Commission, not later than one month after it makes a decision under section 55, is to cause to be published in the Gazette a notice of the making of the decision:

(2) Any failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.

This Part does not render it unlawful for a person who has been granted an exemption from a provision of Division 1 or 2, or a person in the employment or under the direction or control of a person who has been granted such an exemption, to do an act in accordance with the provisions of the instrument by which the exemption was granted.

This Part applies in relation to a person (the action planner) who, under Part 2, is prohibited from discriminating against another person on the ground of a disability of the other person.

The action planner may prepare and implement an action plan.

The action plan must include provisions relating to:

The action plan may include provisions, other than those referred to in section 61, that are not inconsistent with the objects of this Act.

The action planner may, at any time, amend the action plan.

(1) The action planner may give a copy of the action plan, or of any amendments to the action plan, to the Commission.

(2) If the action planner does so, the Commission must make the copy available to the public.

(1) The following functions are conferred on the Commission:

(2) The Commission is not to regard an enactment or proposed enactment as being inconsistent with or contrary to the objects of this Act for the purposes of paragraph (1)(i) because of a provision of the enactment or proposed enactment that is included for the purpose referred to in subsection 45(1) (special measures).

(1) If a person has engaged in an act of discrimination that would, apart from section 46, be unlawful, the President or the Commission may, by notice in writing served on the person as prescribed, require the person within 28 days after service of the notice on the person, to disclose to the President or to the Commission, as the case may be, the source of the actuarial or statistical data on which the act of discrimination was based and, where the President or the Commission, as the case may be, makes such a requirement of a person, the person must not fail to comply with the requirement.

Penalty: 10 penalty units.

(1A) Subsection (1) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

(1B) Subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(2) Subsection 4K(2) of the Crimes Act 1914 does not apply to this section.

(1) There is to be a Disability Discrimination Commissioner, who is to be appointed by the GovernorGeneral.

(2) A person is not qualified to be appointed as the Disability Discrimination Commissioner unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.

(1) Subject to this section, the Commissioner holds office for such period, not exceeding 7 years, as is specified in the instrument of the persons appointment, but is eligible for reappointment.

(2) The Commissioner holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the GovernorGeneral.

(1) The Commissioner is to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Remuneration Tribunal is in operation, the Commissioner is to be paid such remuneration as is prescribed.

(2) The Commissioner is to be paid such allowances as are prescribed.

(3) This section has effect subject to the Remuneration Tribunal Act 1973.

(1) The Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal.

(2) The Minister may grant the Commissioner leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.

The Commissioner must not, except with the approval of the Minister, engage in paid employment outside the duties of the office of Commissioner.

The Commissioner may resign from the office of Commissioner by writing given to the Governor General.

(1) The GovernorGeneral may terminate the appointment of the Commissioner because of:

(2) The GovernorGeneral must terminate the appointment of the Commissioner if the Commissioner:

The Minister may appoint a person to act as Commissioner:

(1) The Commission may, by writing under its seal, delegate to:

(2) The Commissioner may, by writing signed by the Commissioner, delegate to:

A person who causes, instructs, induces, aids or permits another person to do an act that is unlawful under Division 1, 2, 2A or 3 of Part 2 is, for the purposes of this Act, taken also to have done the act.

(1) If, for the purposes of this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:

(2) Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.

(3) If, for the purposes of this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to a particular conduct, it is sufficient to show:

(4) Any conduct engaged in on behalf of a person other than a body corporate by an employee or agent of the person within the scope of his or her actual or apparent authority is taken, for the purposes of this Act, to have been engaged in also by the firstmentioned person unless the firstmentioned person establishes that the firstmentioned person took reasonable precautions and exercised due diligence to avoid the conduct.

(5) If:

(4) had not been enacted;

the person is not liable to be punished by imprisonment for that offence.

(7) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:

(8) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.

(9) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.

For the purposes of this Act, the Commonwealth is taken to be the employer of all Commonwealth employees.

(1) This Act does not confer on a person a right of action in respect of the doing of an act that is unlawful under a provision of Part 2 unless a provision of this Act expressly provides otherwise.

(2) For the purposes of subsection (1), a reference to an act that is unlawful under a provision of Part 2 includes a reference to an act that is an offence under a provision of Division 4 of that Part.

(1A) Subsection (1) applies in relation to any of the following persons:

(1) The person is not liable to an action or other proceeding for damages for or in relation to an act done, or omitted to be done, in good faith in the performance, or purported performance, of any function, or in the exercise or purported exercise of any power or authority, conferred on the Commission, the Commissioner or the other member of the Commission.

(2) If a submission has been made, a document or information has been given, or evidence has been given, to the Commission or the Commissioner, a person is not liable to an action, suit or other proceeding in respect of loss, damage or injury of any kind suffered by another person because only that submission was made, the document or information was given or the evidence was given.

(1) A person who is, or has at any time been, the Commissioner, a member of the Commission or a member of the staff assisting the Commission or is, or has at any time been, authorised to perform or exercise any function or power of the Commission or the Commissioner or any function or power on behalf of the Commission or the Commissioner, being a function or power conferred on the Commission or on the Commissioner under this Act, must not, either directly or indirectly:

(2) A person who is, or has at any time been, the Commissioner, a member of the Commission or a member of the staff assisting the Commission or is, or has at any time been, authorised to perform or exercise any function or power of the Commission or the Commissioner or any function or power on behalf of the Commission or the Commissioner, being a function or power conferred on the Commission or on the Commissioner under this Act, must not be required:

(3) This section does not prohibit a person from:

(3A) Subsection (1) does not prevent a person from making a record of, divulging, communicating or making use of information, or producing a document, if the person does so:

(4) Subsection (2) does not prevent a person from being required, for the purposes of or under an Act, to divulge or communicate information, or to produce a document, that is required or permitted by that Act to be divulged, communicated or produced.

(5) In this section:

court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

produce includes permit access to.

If information is recorded or stored by means of a mechanical, electronic or other device, any duty imposed by this Act to produce the document recording that information is to be construed as a duty to provide a document containing a clear reproduction in writing of the information.

The Commissioner must give to the Commission such information relating to the operations of the Commissioner under this Act as the Commission from time to time requires.

(1) In any case where, but for this section, the application of any of the provisions of this Act would result in an acquisition of property from any person having been made otherwise than on just terms, the person is entitled to such compensation from the Commonwealth as is necessary to ensure that the acquisition is made on just terms.

(2) The Federal Court has jurisdiction with respect to matters arising under subsection (1) and that jurisdiction is exclusive of the jurisdiction of all other courts, other than jurisdiction of the High Court under section 75 of the Constitution.

(1) The GovernorGeneral may make regulations prescribing matters:

(1A) Without limiting the generality of subsection (1), the GovernorGeneral may make regulations for the purposes of subsection 55(1C) prescribing a body as a body that the Commission must consult in relation to all or specified kinds of public transportation services or facilities.

(2) Before making any regulations for the purposes of section 47, the GovernorGeneral is to take into consideration any comments made to the Minister by a Minister of a State or Territory who is responsible for matters relating to disability discrimination.

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history

The abbreviation key sets out abbreviations that may be used in the endnotes.

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation (md) added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation (md not incorp) is added to the details of the amendment included in the amendment history.

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Update to a crossreference

Paragraph 21A(4)(a) refers to 17(1)(c) or (d) instead of 17(c) or (d).

This compilation was editorially changed to update the crossreference by omitting 17(1)(c) or (d) from paragraph 21A(4)(a) and substituting 17(c) or (d).