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: