Footnotes

Footnotes

[1] Explanatory Memorandum, p. 3.

[2] 'Unjustifiable hardship' is defined in section 11 of the DDA.

[3] Explanatory Memorandum, p. 3.

[4] DDA, section 3.

[5] p. 2.

[6] Explanatory Memorandum, p. 2.

[7] The Hon. Mr Philip Ruddock, Attorney-General, House of Representatives Hansard, 12 August 2004, p. 32510.

[8] Ibid.

[9] Attorney-General's Department and Department of Education, Science and Training, Submission 9, p. 2.

[10] Ibid, pp. 2-3.

[11] Senate Employment, Workplace Relations and Education References Committee, Education of Students with Disabilities, December 2002, p. 118.

[12] Productivity Commission Inquiry Report No. 30, Review of the Disability Discrimination Act 1992, 30 April 2004 (PC report), Volume 1, p. 377.

[13] See, for example, Royal Blind Society, Submission 1, p. 1; Human Rights and Equal Opportunity Commission, Submission 10; Australian Federation of Disability Organisations, Submission 6.

[14] Australian Federation of Disability Organisations, Submission 6, p. 2.

[15] See, for example, Family Advocacy, Submission 12, p. 2; Public Interest Advocacy Centre, Submission 8, p. 3; People with Disability Australia, Submission 13, p. 3.

[16] See, for example, Royal Blind Society, Submission 1, pp. 1-2; Family Advocacy, Submission 12, p. 2; Public Interest Advocacy Centre, Submission 8, p. 3; People with Disability Australia, Submission 13, p. 3.

[17] Subsection 22(4); Explanatory Memorandum, p. 5.

[18] Submission 5, pp. 1-2.

[19] Submission 6, p. 1.

[20] Submission 10, p. 1.

[21] Submission 10, p. 3.

[22] The Hon. Mr Philip Ruddock, Attorney-General, House of Representatives Hansard, 12 August 2004, p. 32510.

[23] PC report, Volume 1, p. 206.

[24] Ibid, p. 211.

[25] Family Advocacy, Submission 12, p. 2; see also Public Interest Advocacy Centre, Submission 8, p. 3; People with Disability Australia, Submission 13, p. 3.

[26] Ibid.

[27] Submission 13, p. 3; see also PIAC, Submission 8, p. 4; PC report, Volume 1, p. 196.

[28] Submission 13, p. 3.

[29] See subsection 31(1A).

[30] PC report, Volume 1, p. 196.

[31] People with Disability Australia, Submission 13, p. 4; Family Advocacy, Submission 12, p. 2; Public Interest Advocacy Centre, Submission 8, p. 4.

[32] [2003] HCA 62 (11 November 2003).

[33] Submission 13, p. 3; see also PC report, Volume 1, pp. 186-187.

[34] Submission 13, p. 3.

[35] [2004] FCAFC 197 (6 August 2004).

[36] Submission 10, p. 1.

[37] Explanatory Memorandum, p. 3.

[38] Submission 9, p. 4.

[39] Ibid.

[40] Ibid, pp. 4-5.

[41] Ibid, p. 5.

[42] Ibid.

[43] Ibid, p. 9.

[44] Submission 11, p. 1; and Submission 7, p. 1.

[45] Submission 7, p. 1.

[46] Ibid.

[47] Ibid.

[48] Submission 4, p. 3.

[49] Ibid, p. 1.

[50] Ibid.

[51] Submission 14, p. 1.

[52] See, for example, Royal Blind Society, Submission 1, p. 2; People with Disabilities Australia, Submission 13, p. 5.

[53] Submission 10, p. 1.

[54] Ibid, p. 2.

[55] Submission 15, p. 2.

[56] Submission 6, p. 1.

[57] Submission 5, p. 1.

[58] Submission 2, pp. 1-2.

[59] Submission 2, p. 2.

[60] Submission 2, p. 2; see also PC report, Volume 1, p. 444.

[61] Submission 5, p. 1.

[62] Submission 1, p. 2.

[63] Submission 6, p. 1.

[64] Submission 6, p. 2.

[65] Explanatory Memorandum, p. 2.

[66] Submission 9, p. 8.

[67] See, for example, Royal Blind Society, Submission 1, p. 2; ACT Department of Education and Training, Submission 11, p. 1; Department of Education, Tasmania, Submission 7, p. 1; Centre for Special Education and Disability Studies, University of Newcastle, Submission 15, p. 2.

[68] Submission 6, p. 1.

[69] Submission 13, p. 1.

[70] Ibid.

[71] Submission 8, pp. 6-7; Submission 12, p. 3; see also Australian Lawyers for Human Rights, Submission 16; PWD, Submission 13, p. 2.

[72] Submission 12, p. 3.

[73] Submission 3, p. 1.

[74] Submission 10, p. 2.

[75] Ibid.

[76] Ibid, p. 3.

[77] See, for example, PIAC, Submission 8, pp. 2-3; Family Advocacy, Submission 12, p. 2.

[78] Submission 13, p. 2.

[79] Ibid.