This covers all types of disability, including illness, injury, physical restrictions, mental illness, intellectual disability, having an infection (such as HIV or Hepatitis C), being at risk of developing a disability in future (such as carrying a particular gene) or having had a disability in the past. Discrimination can include treating the person unfavourably because of their disability, or because of assumptions made about people with that type of disability. Examples of disability discrimination include refusing to consider a job application from a person who uses a wheelchair or refusing to let a house to a person who has a guide dog.
Discrimination on the basis of disability also includes:
In accommodation, landlords are generally required to allow tenants to make reasonable alterations to the premises as needed to accommodate the disability, but at the tenant’s expense and on condition that the premises be restored to their former state at the end of the tenancy.
Separating a person from their guide dog, or refusing to allow them into a shop with their dog is also a criminal offence [Dog and Cat Management Act 1995 (SA) s 81].
Legislation
Areas of discrimination on basis of disability under SA law
Under Part 5 of the Equal Opportunity Act 1984 (SA) it is unlawful to discriminate on the basis of any disability.
Discrimination is prohibited in the following areas:
Exemptions
There are exemptions in the following circumstances:
Areas of discrimination on basis of disability under Commonwealth law
Discrimination is prohibited pursuant to the Disability Discrimination Act 1992 (Cth) in the following areas:
Exemptions
Employment - it is not unlawful if:
Education - it is not unlawful if:
Accommodation - it is not unlawful where:
The following, whilst not strictly speaking exemptions, are defences against an action of disability discrimination and also need to be considered:
It is up to the person who claims a defence of unjustifiable hardship to prove this. All relevant factors, such as the costs and benefits, can be taken into account.
Making a complaint
Complaints can be made to the Australian Human Rights Commission (Cth) or the Equal Opportunity Commission (SA). There is no cost to lodge a complaint in either Commission. For forms and guides on making a complaint see the websites of the Equal Opportunity Commission and the Australian Human Rights Commission.
For complaints relating to discrimination in employment, claims may be made to the Fair Work Commission, see the Employment chapter on protected workplace rights: General Protections.
Time limits: The Australian Human Rights Commissioner may decide not to take any action for complaints on acts committed more than 2 years (24 months) previously [Australian Human Rights Commission Act 1986 (Cth) s 46PH]. Until 12 December 2022, this time period was 6 months. If the complaint alleges a human rights breach and discrimination in employment pursuant to the ILO Convention, in which case the time frame is 12 months. The Equal Opportunity Commission requires a complaint to be made within 12 months of the event being complained of, but can grant extensions of time [Equal Opportunity Act 1984 (SA) s 93]. General protections claims relating to dismissal have a 21 day time limit (from the date of notice of dismissal) in the Fair Work Commission, unless exceptional circumstances justify an extension of time [Fair Work Act 2009 (Cth) s 394]. |
Disability Access Reporting Tool
The Office for the Commissioner for Equal Opportunity (OCEC) has launched a tool to support people living with disability report difficulties accessing public venues and businesses. Businesses are expected to make reasonable adjustments for people living with disability.
The Disability Access Reporting Toolkit DART is an online reporting form that triggers an email directly to owners/operators, as well as those responsible for public buildings, informing them about access issues experienced by the user and venue responsibilities under equal opportunity legislation.
Should a business not take action to address the concerns raised via the DART email, the user may choose to make a formal complaint to the Office of Equal Opportunity. The user can then show that they have attempted to resolve the issue using DART prior to making a complaint. DART is an optional step, and is not required prior to making a formal disability discrimination complaint.