Overview of Commonwealth and State Legislation

AccessAbility Services Overview of Commonwealth and State Legislation

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Legislation and Students with a Disability





Commonwealth Legislation:

State Legislation:



Commonwealth Legislation

Disability Discrimination Act 1992 (DDA)

The Federal Disability Discrimination Act 1992 (DDA) provides protection for everyone in Australia against discrimination based on disability.

The main objectives are:

  • to eliminate, as far as possible, discrimination against persons on the ground of disability in the areas of work, education, access to premises, clubs and sports service provision, existing laws, etc.

  • to ensure, as far as practicable, that persons with disabilities have the same rights to equality before the law as the rest of the community; and

  • to promote recognition and acceptance within the community of the principle that persons with disabilities have the same fundamental rights as the rest of the community.

Disability Discrimination Act (DDA) 1992

DDA Brief Overview


The Disability Discrimination Act – Education Standards 2005

The main objectives are:

  • To give students with a disability the right to participate in educational courses and programs on the same basis as students without a disability

  • Providing access to the same opportunities and choices in their education that are available to people without a disability

  • Education providers and students can use the Education Standards as a guide to what adjustments are required and reasonable in their particular circumstances

The Disability Discrimination Act – Education Standards 2005

DDA – Education Standards 2005 Booklet



State Legislation

Anti-Discrimination Act 1991 (ADA)

One of the purposes of the ADA is to promote equality of opportunity for everyone by protecting them from unfair discrimination (direct or indirect) in certain areas of activity, including work, education and accommodation.

Anti-Discrimina tion Act 1991


Disability Services Act 2006

The Disability Services Act 2006 is based on an expanded declaration of the

rights of people with a disability.

The Disability Services Act 2006 states that all people with a disability have the same human rights as other members of society and should be empowered to exercise their rights.

As well as affirming these rights, the Disability Services Act 2006 articulates some specific rights for people with a disability. These include rights when using disability services, such as the right to receive services:

  • in a way that respects the confidentiality of personal information

  • in a safe, accessible built environment appropriate to the person's needs

The Disability Services Act 2006 now specifically recognises the right to live a life free from abuse, neglect or exploitation.

Disability Se rvices Act 2006 Guide



“Legislation encourages all people to promote inclusive principles within their own communities.”




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