Disability in Australia: Definition, Statistics, Legislation, and Employment

Disability is a universal phenomenon. However, the incidence of disability may vary from region to region. Moreover, different countries have different rules and regulations to promote inclusivity and protect the rights of persons with disabilities. In this article, we are covering basic facts about disability in Australia.

Definition of Disability in Australia

Disability Discrimination Act 1992 defines disability in the context of Australia. The definition is quite extensive.

Disability, as defined by the Disability Discrimination Act 1992, is:

• 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 or illness
• the malfunction, malformation or disfigurement of a part of the person’s body
• a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction
• a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment, or that results in disturbed behaviour;

And includes a disability that:

• presently exists
• previously existed but no longer exists
• may exist in the future
• is imputed to a person

The Disability Discrimination Act 1992 basically covers disability or impairment in the following category:

• Physical Disability – the one that affects a person’s mobility or dexterity
• Intellectual Disability – the disability that affects a person’s abilities to learn
• Mental Illness – this category includes a disability that affects a person’s thinking abilities
• Sensory Disability – includes disabilities that are caused by some affliction in sensory organs
• Neurological Disability – the one that affects the brain and central nervous system
• Immunological Disability – disability caused due to the slow or malfunction of the immune system of the body
• Learning Disability
• Physical Disfigurement

It is worth noting that any impairment or condition falling under any of the categories can be classified as a disability in Australia only if it affects a person’s ability to take care of their daily activities and the condition has persisted or is likely to persist for more than 6 months.

Legislation and Standards Relating to Disability and Rights of Persons with Disabilities

Disability Discrimination Act 1992 (DDA) is the federal law of Australia that provides protection against any kind of discrimination based on disability.

The law does not only provide direct protection to those who are living with a disability but also extends the protection to those who are related to any person with a disability. No one can be treated unfairly because they are a friend, family, acquaintance or colleague to a person with a disability.

Disability Standards for Education

The aim of the standard is to make more explicit the obligation relating to education and training provided under the DDA. It aims at providing students with disabilities equal rights and opportunities to education and training.

In addition to the rights of the students, the standard also covers the responsibilities of the education providers.

National Disability Strategy

It started as a 10-year national plan for improving the life quality and life expectancy of persons with disabilities in Australia. The strategic plan basically aims at implementing the United Nations Convention on the Rights of Persons with Disabilities (UN-CRPD).

This unified national plan recognizes the need for maximizing the potentials of persons with disabilities and promote their participation as equal citizens of Australia.

Privacy Act of 1998

Though not directly related to disability, this is an important legislation for people with disability in Australia. Data relating to a person’s physical or mental condition is considered ‘sensitive personal data’ and is protected under the Privacy Act.

This is the law that specifies when and how the employers may inquire about a person’s disability status if required.

In addition to the above, there are several disability standards and guidelines that deal with specific areas of disability rights.

• Premise Standards give details about the accessibility requirements of a public building or premise.
• Disability Standard for Accessible Public Transport provides guidelines about accessible public transport and related facilities like an accessible bus stop.
• Standard on World Wide Web Access talks about the accessibility requirements for websites and web-based applications.
• Disability Standard on Insurance provides detailed guidelines about insuring a person with a disability.

Disability Statistics of Australia

About 1 in 5 people in Australia have some sort of disability. This means around 4.4 million Australians have one or the other disability. However, this figure also includes disability caused due to aging issues. In fact, a significant portion (around 1.9 million) of persons with disabilities in Australia are those above 65 years.

The ratio of males and females with a disability is almost balanced.

Mental health issues and illness are among the greatest cause of disability and diminished standard of life.

The effect of disability is clearly seen on the employment-related statistics. Australia ranks lowest among the OECD countries for relative income of PwDs. People with disabilities, in the working-age group, have lower labour force participation (53.4%) and higher unemployment rates (10.3%) as compared to their counterparts without disabilities. Disability discrimination accounts for the highest number of complaints registered under the Australian Human Rights Commission. 1 in 4 people reporting sexual assault in Australia are those with some disability.

Laws Relating to Employment of Persons with Disability in Australia

Persons with Disabilities have equal rights to get employment in Australia. Employers cannot discriminate against any employee based on disability. Further, they are legally bound to provide ‘reasonable adjustment’ to cater to the needs of an employee inflicted with some disability.

Information about the disability status can be asked by the employer at the application stage, provided all guidelines of the Privacy Act are followed. Any information or data shared by an employee regarding her disability needs to be kept confidential. If the employer needs to share any such information with other employees, she must first acquire written consent from the disabled employee.