Disability and the Disability Discrimination Act

What is disability?

A disability is a condition that restricts or impairs an individuals' ability to learn, mobilize, receive sensory information, process thoughts or communicate. Disability is a broad term that comprises of physical, intellectual, neurological, psychiatric or sensory disabilities (Disability WORKS Australia, 2008). A disability can be lifelong or temporary (over 12 months), and may be due to a genetic disorder, accident or illness. Disability has been defined by the Disability Discrimination Act (1992) as:

• Total or partial loss of the persons' bodily or mental functions; or
• Total or partial loss of a part of the body; or
• The presence in the body of organisms causing disease or illness; or
• The presence in the body of organisms capable of causing disease or illness; or
• The malfunction, malformation or disfigurement of a part of the persons' body; or
• A disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or
• A disorder, illness or disease that affects a persons' thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour (Australasian Legal Information Institute, 2009)

Discrimination against people with disabilities
The Australian Federal Government passed the Disability Discrimination Act (1992) to eliminate discrimination against people with disabilities in all facets of life, such as work, housing and education. The objective is for people with disabilities to have an equal opportunity to participate in economic, social, cultural and political activities, and to prevent unfair treatment. Harassment, denying access and imposing unfair terms on people with disabilities is against the law. People with disabilities represent all parts of the Australian community. Recognizing and accepting that to live with a disability is a unique experience, and is a step towards a more respectful future. It is also important to recognise that the term 'disability' is a social construct, and so what is understood as a disability in one culture, can be viewed differently in another culture.