Disability Discrimination Act 1992
Sections and provisions with full text and the judgments that cite each one.
Section 51 — Pensions and allowances
(1) This Part does not affect discriminatory provisions relating to pensions, allowances or benefits in: (a) the Defence Service Homes Act 1918; or (b) the Papua New Guinea (Member of the Forces…
Section 52 — Migration
Divisions 1, 2 and 2A do not: (a) affect discriminatory provisions in: (i) the Migration Act 1958; or (ii) a legislative instrument made under that Act; or (b) render unlawful anything that is…
Section 53 — Combat duties and peacekeeping services
(1) This Part does not render it unlawful for a person to discriminate against another person on the ground of the other person’s disability in connection with employment, engagement or appointment…
Section 54 — Peacekeeping services by the AFP
(1) This Part does not render it unlawful for a person to discriminate against another person on the ground of the other person’s disability in connection with selection for peacekeeping duties as…
Section 54A — Assistance animals
(1) This section applies in relation to a person with a disability who has an assistance animal. Note: For when a person with a disability has an assistance animal, see subsections 9(2) and (4). (2)…
Section 55 — Commission may grant exemptions
(1) The Commission may, on application by: (a) a person: (i) on that person’s own behalf; or (ii) on behalf of that person and another person or other persons; or (iii) on behalf of another person or…
Section 56 — Review by Administrative Review Tribunal
Applications may be made to the Administrative Review Tribunal for a review of decisions made by the Commission under section 55.
Section 57 — Notice of decisions to be published
(1) The Commission, not later than one month after it makes a decision under section 55, is to cause to be published in the Gazette a notice of the making of the decision: (a) containing a statement…
Section 58 — Effect of exemptions
This Part does not render it unlawful for a person who has been granted an exemption from a provision of Division 1 or 2, or a person in the employment or under the direction or control of a person…
Section 58A — Victimisation
(1) It is unlawful for a person to commit an act of victimisation against another person. Note 1: See also section 42 (offence of victimisation). Note 2: See also the definition of unlawful…
Section 59 — Scope
This Part applies in relation to a person (the action planner) who, under Part 2, is prohibited from discriminating against another person on the ground of a disability of the other person.
Section 60 — Action plans
The action planner may prepare and implement an action plan.
Section 61 — Provisions of action plans
The action plan must include provisions relating to: (a) the devising of policies and programs to achieve the objects of this Act; and (b) the communication of these policies and programs to persons…
Section 62 — Action plans may have other provisions
The action plan may include provisions, other than those referred to in section 61, that are not inconsistent with the objects of this Act.
Section 63 — Amendment of action plans
The action planner may, at any time, amend the action plan.
Section 64 — Action plans may be given to Commission
(1) The action planner may give a copy of the action plan, or of any amendments to the action plan, to the Commission. (2) If the action planner does so, the Commission must make the copy available…
Section 67 — Functions of the Commission
(1) The following functions are conferred on the Commission: (c) to exercise the powers conferred on it by section 55; (d) to report to the Minister on matters relating to the development of…
Section 107 — Failure to provide actuarial data or statistical data
(1) If a person has engaged in an act of discrimination that would, apart from section 46, be unlawful, the President or the Commission may, by notice in writing served on the person as prescribed,…
Section 113 — Disability Discrimination Commissioner
(1) There is to be a Disability Discrimination Commissioner, who is to be appointed by the Governor-General. (2) A person must not be appointed under subsection (1) as the Disability Discrimination…
Section 114 — Terms and conditions of appointment
(1) Subject to this section, the Commissioner holds office for such period as is specified in the instrument of the person’s appointment, but is eligible for re-appointment. (1A) A person must not be…
Section 115 — Remuneration of Commissioner
(1) The Commissioner is to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Remuneration Tribunal is in operation, the…
Section 116 — Leave of absence
(1) The Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal. (2) The Minister may grant the Commissioner leave of absence, other than recreation leave,…
Section 117 — Outside employment
The Commissioner must not, except with the approval of the Minister, engage in paid employment outside the duties of the office of Commissioner.
Section 118 — Resignation
The Commissioner may resign from the office of Commissioner by writing given to the Governor-General.
Section 119 — Termination of appointment
(1) The Governor-General may terminate the appointment of the Commissioner because of: (a) misbehaviour; or (b) a disability which renders the Commissioner incapable of performing the inherent…
Section 120 — Acting Commissioner
The Minister may appoint a person to act as Commissioner: (a) during a vacancy in the office of Commissioner, whether or not an appointment has previously been made to the office; or (b) during any…
Section 121 — Delegation
(1) The Commission may, by writing under its seal, delegate to: (a) a member of the Commission; or (b) the Commissioner; or (c) a member of the staff of the Commission; or (d) another person or body…
Section 122 — Liability of persons involved in unlawful acts
A person who causes, instructs, induces, aids or permits another person to do an act that is unlawful under Division 1, 2, 2A, 3 or 6 of Part 2 is, for the purposes of this Act, taken also to have…
Section 123 — Conduct by directors, employees and agents
(1) If, for the purposes of this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show: (a) that the conduct was engaged…
Section 124 — Commonwealth taken to be employer
For the purposes of this Act, the Commonwealth is taken to be the employer of all Commonwealth employees.
Section 125 — Unlawful act not basis of civil action unless expressly so provided
(1) This Act does not confer on a person a right of action in respect of the doing of an act that is unlawful under a provision of Part 2 unless a provision of this Act expressly provides otherwise.…
Section 126 — Protection from civil actions
(1A) Subsection (1) applies in relation to any of the following persons: (a) the Commission; (b) the Commissioner or another member of the Commission; (c) a person acting under the direction or…
Section 127 — Non-disclosure of private information
(1) A person who is, or has at any time been, the Commissioner, a member of the Commission or a member of the staff assisting the Commission or is, or has at any time been, authorised to perform or…
Section 128 — Information stored otherwise than in written form
If information is recorded or stored by means of a mechanical, electronic or other device, any duty imposed by this Act to produce the document recording that information is to be construed as a duty…
Section 129 — Commissioner to give information
The Commissioner must give to the Commission such information relating to the operations of the Commissioner under this Act as the Commission from time to time requires.
Section 131 — Courts to ensure just terms
(1) In any case where, but for this section, the application of any of the provisions of this Act would result in an acquisition of property from any person having been made otherwise than on just…
Section 132 — Regulations
(1) The Governor-General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving…