Disability Discrimination Act 1992 (Cth)

Disability Discrimination Act 1992

No. 135, 1992

Compilation No. 39

Compilation date: 14 October 2024

Includes amendments: Act No. 38, 2024

About this compilation

This compilation

This is a compilation of the Disability Discrimination Act 1992 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Objects 4 Interpretation 5 Direct disability discrimination 6 Indirect disability discrimination 7 Discrimination in relation to associates 8 Discrimination in relation to carers, assistants, assistance animals and disability aids 9 Carer, assistant, assistance animal and disability aid definitions 10 Act done because of disability and for other reason 11 Unjustifiable hardship 12 Application of Act 12A Application of the Criminal Code 13 Operation of State and Territory laws 14 Extent to which Act binds the Crown Part 2—Prohibition of disability discrimination etc. Division 1—Discrimination in work 15 Discrimination in employment 16 Discrimination against commission agents 17 Discrimination against contract workers 18 Partnerships 19 Qualifying bodies 20 Registered organisations under the Fair Work (Registered Organisations) Act 2009 21 Employment agencies 21A Exception—inherent requirements 21B Exception—unjustifiable hardship Division 2—Discrimination in other areas 22 Education 23 Access to premises 24 Goods, services and facilities 25 Accommodation 26 Land 27 Clubs and incorporated associations 28 Sport 29 Administration of Commonwealth laws and programs 29A Unjustifiable hardship 30 Requests for information Division 2A—Disability standards 31 Disability standards 32 Unlawful to contravene disability standards 33 Division 5 generally not to apply to disability standards 34 This Part not to apply if person acts in accordance with disability standards Division 3—Discrimination involving harassment 35 Harassment in employment 37 Harassment in education 39 Harassment in relation to the provision of goods and services Division 4—Offences 41 Unlawful act not offence unless expressly so provided 42 Victimisation 43 Offence to incite doing of unlawful acts or offences 44 Advertisements Division 5—Exemptions 45 Special measures 46 Superannuation and insurance 47 Acts done under statutory authority 48 Infectious diseases 49 Charities 51 Pensions and allowances 52 Migration 53 Combat duties and peacekeeping services 54 Peacekeeping services by the AFP 54A Assistance animals 55 Commission may grant exemptions 56 Review by Administrative Review Tribunal 57 Notice of decisions to be published 58 Effect of exemptions Division 6—Victimisation 58A Victimisation Part 3—Action plans 59 Scope 60 Action plans 61 Provisions of action plans 62 Action plans may have other provisions 63 Amendment of action plans 64 Action plans may be given to Commission Part 4—Functions of the Australian Human Rights Commission Division 1—Preliminary 67 Functions of the Commission Part 5—Other offences 107 Failure to provide actuarial data or statistical data Part 6—Disability Discrimination Commissioner 113 Disability Discrimination Commissioner 114 Terms and conditions of appointment 115 Remuneration of Commissioner 116 Leave of absence 117 Outside employment 118 Resignation 119 Termination of appointment 120 Acting Commissioner Part 7—Miscellaneous 121 Delegation 122 Liability of persons involved in unlawful acts 123 Conduct by directors, employees and agents 124 Commonwealth taken to be employer 125 Unlawful act not basis of civil action unless expressly so provided 126 Protection from civil actions 127 Non‑disclosure of private information 128 Information stored otherwise than in written form 129 Commissioner to give information 131 Courts to ensure just terms 132 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history