State Legislation
The federal Disability Discrimination Act 1992 (DDA) applies in all Australian states and territories. State and territory anti-disability discrimination legislation provide specific additional rights and obligations applied at the state and territory level.
See below for specific details of anti-disability discrimination legislation and complaints bodies in each state and territory:
Australian Capital Territory
The Australian Capital Territory Discrimination Act 1991 includes disability as a grounds of unlawful discrimination.
The ACT legislation covers similar areas as the DDA plus:
- qualifying bodies,
- professional or trade organisatons, and
- requests for information.
Complaints of discrimination are handled by the ACT Discrimination Commissioner.
For more information
ACT Human Rights Commission
New South Wales
The NSW Anti-Discrimination Act 1977 includes disability as a grounds of unlawful discrimination.
The NSW legislation covers similar areas as the DDA plus:
- partnerships (business)
- trade unions
- qualifying bodies
- employment agencies, and
- access to vehicles
Complaints of discrimination are handled by the Anti-Discrimination Board of NSW.
Northern Territory
The Northern Territory Anti-Discrimination Act (1996) includes disability (referred to as ‘impairment’ in the Act) as a grounds of unlawful discrimination.
The NT legislation covers similar areas as the DDA plus insurance and superannuation.
Complaints of discrimination are handled by the NT Anti-Discrimination Commissioner.
For more information
Northern Territory Anti-Discrimination Commission
Queensland
The Queensland Anti-Discrimination Act 1991 includes ‘physical impairment’ as a grounds of unlawful discrimination.
The Queensland legislation covers similar areas as the DDA plus:
- work-related areas
- superannuation and insurance
- disposal of land
- administration of state laws and programs
- local government
- existing partnership and pre-partnership (business)
Complaints of discrimination are handled by the Queensland Anti-Discrimination Commission.
For more information
Anti-Discrimination Commission of Queensland
South Australia
The South Australia Equal Opportunity Act 1984 includes ‘physical and intellectual impairment, and mental illness’ as grounds of unlawful discrimination.
The SA legislation covers similar areas as the DDA plus:
- partnerships (business-related)
- qualifying bodies
- advertising (including employment agencies)
- conferral of qualifications
- superannuation
Complaints of discrimination are handled by the SA Equal Opportunity Commissioner.
For more information
South Australian Equal Opportunity Commission
Tasmania
The Tasmania Anti-Discrimination Act 1998 includes disability as grounds of unlawful discrimination. Inciting hatred on the basis of disability is also included within the Act.
The Tasmanian legislation covers similar areas as the DDA plus:
- administration of any law of Tasmania or any state program, and
- awards, enterprise agreements, or industrial agreements.
Complaints of discrimination are handled by the Office of the Anti-Discrimination Commissioner in Tasmania.
For more information
Equal Opportunity Tasmania
Victoria
The Victoria Equal Opportunity Act 1995 (VIC) includes disability (defined as physical impairment, mental illness, mental retardation) as grounds of unlawful discrimination.
The Victorian legislation covers similar areas as the DDA plus:
- partnerships
- firms
- professional and other organisations
- qualifying bodies
- employment agencies
- local councils
Complaints of discrimination are handled by Victoria’s Commissioner for Equal Opportunity.
For more information
Victorian Human Rights and Equal Opportunity Commission
Western Australia
The Western Australia Equal Opportunity Act 1984 includes disability (referred to as ‘impairment’) as grounds of unlawful discrimination.
The Western Australian legislation covers similar areas as the DDA plus:
- partnerships
- professional or trade organisations
- qualifying bodies
- applicants and employees and commission agents
- application forms
- advertisements
- access to vehicles
- land
Complaints of discrimination are handled by Western Australian Commissioner for Equal Opportunity.
For more information
Equal Opportunity Commission Western Australia
www.wa.gov.au/organisation/equal-opportunity-commission