What is a Disability?
The definition of disability under the Disability Discrimination Act 1992 (DDA) is intentionally broad and includes physical, intellectual, psychiatric, sensory, neurological and learning disabilities. The Disability Discrimination Act 1992 also covers physical disfigurement and the presence in the human body of organisms that are capable of causing disease. For example HIV, AIDS, hepatitis.
Under the Disability Discrimination Act 1992 it is irrelevant how a person obtained or acquired a disability or whether it is permanent, visible or only limits a person in life activity. The definition of disability is exclusive to the Act and does not alter the definition of disability for eligibility regarding benefits or services under any other Commonwealth government legislation such as the Disability Services Act 1986, the Social Security Act 1991 or State based workers compensation legislation.
The definition of disability for the purposes of the Disability Discrimination Act includes the following:
- total or partial loss of the person's bodily or mental functions
- total or partial loss of a part of the body
- the presence in the body of organisms causing disease of illness
- the presence in the body of organisms capable of causing disease or illness
- the malfunction, malformation or disfigurement of a part of the persons body
- a disorder or malfunction that results in the person learning differently
- illness or disease that affects a persons thought processes
- perception of reality, emotions or judgement or that results in disturbed behaviour
Under the Disability Discrimination Act it is unlawful to discriminate against a person based on:
-
a disability which he or she has
- which he or she used to have
- which he or she may have in the future
- which is imputed to him or her
- an associate such as a friend, partner, relative or carer of a person with a disability
The Disability Discrimination Act identifies and defines the following categories of disability:
-
Physical - affects a persons mobility or dexterity
- Intellectual - affects a persons ability to learn
- Psychiatric - affects a persons ability to hear or see
- Neurological - results in the loss of some bodily or mental functions