Relevant Acts  Disability Discrimination Act 1992 (Cth)  Equal Opportunity Act 1984 (SA)

DDA Key Points  physical disability  intellectual disability  psychiatric disability  sensory disability  neurological or learning disability  physical disfigurement  presence in the body of disease- causing organism (for example, HIV virus)

DDA Key Points Covers people with a disability which people:  have now  had in the past (eg. back injury, episode of mental illness)  may have in the future (eg. genetic illness (Parkinson’s disease), heart disease, HIV positive  are believed to have (eg.assumption that someone living with someone with an infectious disease also has that disease (eg AIDS)

DDA Key Points  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 Key Points  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 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  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  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 or For links to other legislation and Equal Opportunity Act 1984 (SA)  Human Rights and Equal Opportunity Commission For links to Disability rights information and information for employers and students