Footnotes
Chapter 1 - Introduction
[1] Australian
Government Productivity Commission, Review of the Disability Discrimination
Act 1992, 2004.
[2] Older
People and the Law, 2007.
Chapter 2 - Overview
[1] Item 1, section
16.
[2] Or because
of characteristics that appertain or are generally imputed to persons of the
age of a person.
[3] Older
People and the Law, House of Representatives Standing Committee on Legal
and Constitutional Affairs, 2007, Recommendation 43, paragraph 6.36,
[4] Item 5:
Subsection 4(1) (paragraph (j) of the definition of disability)
[5] Australian
Government Productivity Commission, Review of the Disability Discrimination
Act 1992, 2004.
[6] Essentially
Yours: The Protection of Human Genetic Information in Australia,
Joint Report of the Australian Law Reform Commission and the National Health
and Medical Research Council, 2003.
[7] Item 6: Subsection 4(1) (at the end of the definition of
disability).
[8] Purvis v
The State of New South Wales (Department of Education and
Training) [2003] HCA 62
[9] Hon. Robert
McClelland, Second Reading Speech, House Hansard, 3 December 2008, p. 12292.
[10] subsection
4(1) (Item 13). The definition is consistent with the definition of 'reasonable
accommodation' in Article 2 of the Disabilities Convention.
[11] Australian
Government Productivity Commission, Review of the Disability Discrimination
Act 1992, 2004, Finding 11.4, page 315.
[12] Australian
Government Productivity Commission, Review of the Disability Discrimination
Act 1992, 2004, Recommendation 11.3.
[13] [2008]
FCAFC 96 [Forest]. The Full Federal Court stated in Forest that the
provisions in Part 2 of the Act, which render certain discrimination unlawful,
refer only to discrimination on the grounds of the disability of a person or a
person's associate, not the types of discrimination defined in sections 7–9.
[14] Item 11:
Subsection 4(1) (at the end of the definition of discriminate), referring to ss
7 and 8.
[15] Paragraph
9(2)(c).
[16] See existing
section 11.
[17] New subsection 11(1).
[18] New paragraph
11(1)(d).
[19] Item 41:
Section 21A.
[20] Australian
Government Productivity Commission, Review of the Disability Discrimination Act
1992, 2004, Recommendation 8.4.
[21] Proposed
Section 21A.
[22] Essentially
Yours: The Protection of Human Genetic Information in Australia,
Joint Report of the Australian Law Reform Commission and the National Health
and Medical Research Council, 2003, Recommendation 31-3.
[23] Explanatory
Memorandum, p. 15.
[24] Australian
Government Productivity Commission, Review of the Disability Discrimination
Act 1992, 2004, Recommendation 14.3.
[25] Existing
standards are saved, notwithstanding any new duty to consult with state and
territory ministers, by Item 63.
[26] Items 68 and
88. See also Items 122, 131, 137 140, 141 and 163 perform a similar function in
relation to the HREOC Act, while Items 1-3, 5, 7-12 and 14 of Schedule 4 have a
similar effect in relation to the RDA and the SDA.
[27] Australian
Government Productivity Commission, Review of the Disability Discrimination Act
1992, 2004, Recommendation 12.4.
[28] Section 59. See
section 61 of the DDA for what action plans do.
[29] Schedule 3, Part
1.
[30] 'HREOC will
now be known as the Australian Human Rights Commission', Media Release, 4 September 2008.
[31] Item 154.
[32] Recommendation
13.2.
[33] Item 123: Section 17, repeals section 17.
[34] Item 125.
[35] Items 129
and 147
[36] Item 152.
[37] Items 156
and 157.
[38] Items 117,
119, 149, 175 and 179
[39] Item 118:
Subsection 126(1), Item 159. See also Items 178 and 180, which perform a similar
function in relation to the Racial Discrimination Act 1975 and the Sex
Discrimination Act 1984, respectively.
[40] Items 121,
133, 135, 136, 139, 160, 161 and 164-166
[41] Items 122,
131, 137 140, 141 and 163
[42] Items
167-172, 173-174, 176.
Chapter 3 - Issues
[1]
See, for example, Disability Council of New South Wales, Submission
14, p.1; the Australian Employers' Network on Disability, Submission 10,
p. 1; University of Sydney Students' Representative Council, Submission
11, p. 2; Kate Eastman and Ben Fogarty, Submission 23, p. 1; Dr Belinda
Smith, Submission 15, p. 1.
[2]
See, for example, Spinal Cord Injuries Australia, Submission 6,
p. 1; Public Interest Advocacy Centre, Submission 7, p. 4.
[3]
See, for example, the Australian Tertiary Education Network on
Disability (ATEND), Submission 9, p. 1; Disability Council of New South
Wales, Submission 14, p.2; Dr Belinda Smith, Submission 15, p. 5;
Public Interest Advocacy Centre, Submission 7, p. 5.
[4]
See, for example, Australian Deafblind Council, Submission 25, p.
1; Law Council of Australia, Submission 17, p. 4; Dr Belinda Smith, Submission
15, p. 1; Carers Australia, Submission 8, p. 1.
[5]
ACCI, Submission 37, p. 2.
[6]
New section 5.
[7]
See, for example, AHRC, Submission 16, p. 6; Kate Eastman and Ben
Fogarty, Submission 23, p. 4; NSW Disability Discrimination Legal
Centre, Submission 27, p. 4.
[8]
AHRC, Submission 16, p. 6.
[9]
NSW Disability Discrimination Legal Centre, Submission 27, p. 4.
[10]
Human Rights Law Resource Centre, Submission 20, pp 10, 11.
[11]
See, for example, the AHRC, Submission 16, p. 7; NSW Disability
Discrimination Legal Centre, Submission 27, p. 4.
[12]
Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard,
6 February 2009, pp 16–17.
[13]
AHRC, Submission 16, p. 7.
[14]
AHRC, Submission 16, p. 7. See also, for example, Dr Belinda Smith,
Submission 15, p.
[15]
Mr Graeme Innes, Australian Human Rights Commissioner, Committee
Hansard, 21 January 2009, p. 2.
[16]
Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard,
6 February 2009, p. 15.
[17]
Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard,
6 February 2009, p. 16.
[18]
Australian Government Productivity Commission, Review of the Disability
Discrimination Act 1992, 2004, p. 307.
[19]
Australian Government Productivity Commission, Review of the Disability
Discrimination Act 1992, 2004, p. 307.
[20]
Australian Government Productivity Commission, Review of the Disability
Discrimination Act 1992, 2004, p. 312.
[21]
See, for example, Human Rights Law Resource Centre, Submission 20,
pp 11, 12.
[22]
See, for example, Kate Eastman and Ben Fogarty, Submission 23, p.
5; Dr Belinda Smith, Submission 15, p. 5;
[23]
See, for example, Dr Belinda Smith, Submission 15, p. 5; Law
Council of Australia, Submission 17, p. 6; Public Interest Advocacy
Centre, Submission 7, p. 3.
[24]
See, for example, Blind Citizens Australia, Submission 24, p. 6;
Vision Australia, Submission 32, pp 6–7; Anti-Discrimination Commissioner
for Tasmania, Submission 1, p. 5.
[25]
Hinchcliffe v University of Sydney (2004) 186 FLR
376.
[26]
Hinchcliffe v University of Sydney (2004) 186 FLR
376, paragraph 115.
[27]
AHRC, Submission 16, p. 9. See also Dr Belinda Smith, Submission
15, p. 5.
[28]
See, for example, Human Rights Law Resource Centre, Submission 20,
p. 14.
[29]
Mr Graeme Innes, Australian Human Rights Commissioner, Committee
Hansard, 21 January 2009, p. 3.
[30]
Human Rights Law Resource Centre, Submission 20, p. 15.
[31]
Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard,
6 February 2009, p. 16.
[32]
See, for example, the Australian Tertiary Education Network on Disability
(ATEND), Submission 9, p. 1; Disability Council of New South Wales, Submission
14, p.2; Dr Belinda Smith, Submission 15, p. 5.
[33]
Dr Belinda Smith, Submission 15, p. 5.
[34]
See, for example, Human Rights Law Resource Centre, Submission 20,
p. 21. Unjustifiable hardship is discussed elsewhere in this chapter.
[35]
Human Rights Law Resource Centre, Submission 20, p. 21
[36]
Public Interest Advocacy Centre, Submission 7, p. 5. See also, for
example, the Law Council of Australia, Submission 17, pp 4–5.
[37]
See, for example, NSW Disability Discrimination Legal Centre, Submission
27, p. 3.
[38]
See, for example, Ms Robin Banks, Public Interest Advocacy Centre, Committee
Hansard, 21 January 2009, p. 13.
[39]
AHRC, Submission 16, p. 14.
[40]
AHRC, Submission 16, p. 14.
[41]
Mr Graeme Innes, Australian Human Rights Commissioner, Committee
Hansard, 21 January 2009, p. 3.
[42]
Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard,
6 February 2009, p. 17.
[43]
Ms Rachel Antone, Attorney-General's Department, Committee Hansard,
6 February 2009, p. 18.
[44]
Dr Belinda Smith, Submission 15, p. 5.
[45]
See, for example, the foregoing discussion of the definitions of
discrimination as they appear in the DDA as compared with the SDA.
[46]
Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard,
6 February 2009, p. 5.
[47]
See, for example, Senate Standing Committee on Legal and Constitutional
Affairs, Report on the provisions of the Evidence Amendment Bill 2008,
p. 35.
[48]
See, for example, Carers Australia, Submission 8, p. 2; Law Council
of Australia, Submission 17, p. 5; Disability Council of NSW, Submission
14, p. 4; AHRC, Submission 16, p. 18; Anti-Discrimination Commissioner
for Tasmania, Submission 1, p. 5.
[49]
NSW Disability Discrimination Legal Centre, Submission 27, p. 7.
See also, for example, Submission 38 (name withheld), p. 1.
[50]
Guide Dogs SA and NT, Submission 26, p. 2.
[51]
Australian Deafblind Council, Submission 25, p. 3.
[52]
Guide Dogs SA and NT, Submission 26, p. 3.
[53]
Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard,
6 February 2009, p. 8.
[54]
Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard,
6 February 2009, p. 11.
[55]
Essentially Yours: The Protection of Human Genetic Information in Australia,
Australian Law Reform Commission, 2003, Recommendation 31-3.
[56]
ALRC, Submission 19, p. 6.
[57]
Human Rights Law Resource Centre, Submission 20, p. 23.
[58]
AHRC, Submission 16, pp 19–20.
[59]
Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard,
6 February 2009, p. 20.
[60]
ACCI, Submission 37, p. 13.
[61]
Human Rights and Equal Opportunity Commission Regulations 1989
(Cth).
[62]
Essentially Yours: The Protection of Human Genetic Information in Australia,
Joint Report of the Australian Law Reform Commission and the National Health
and Medical Research Council, 2003, Recommendation 9–3.
[63]
ALRC, Submission 19, p. 4.
[64]
Attorney-General's Department, answers to questions on notice, received 11 February 2009.
[65]
See, for example, Kate Eastman and Ben Fogarty, Submission 23, p.
6; Australian Tertiary Education Network on Disability, Submission 9, p.
1; Dr Belinda Smith, Submission 15, p. 6; ACCI, Submission 37, p.
11.
[66]
Vision Australia, Submission 32, pp 8, 9.
[67]
Law Council of Australia, Submission 17, p. 7.
[68]
See, for example, the Law Council of Australia, Submission 17, p.
7; Kate Eastman and Ben Fogarty, Submission 23, p. 6; AHRC, Submission
19, p. 3.
[69]
NSW Disability Discrimination Legal Centre, Submission 27, p. 2.
[70]
Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard,
6 February 2009, p. 18, by reference to new section 11(2) of the Bill.
[71]
Explanatory Memorandum, paragraph 106.
[72]
See, for example, Human Rights Law Resource Centre, Submission 20,
p. 25.
[73]
See, for example, People with Disabilities Australia, Submission
21, p. 6; Multicultural Disability Advocacy Association of NSW, Submission
31, p. 2; Public Interest Advocacy Centre, Submission 7, p. 5.
[74]
Human Rights Law Resource Centre, Submission 20, p. 25.
[75]
Multicultural Disability Advocacy Association of NSW, Submission
31, p. 2.
[76]
Ms Robin Banks, Public Interest Advocacy Centre, Committee Hansard,
21 January 2009, p. 14.
[77]
Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard,
6 February 2009, p. 2.
[78]
Australian Government Productivity Commission, Review of the Disability
Discrimination Act 1992, 2004, Recommendation 8.4.
[79]
Attorney-General's Department, answers to questions on notice, received 11 February 2009.
[80]
Public Interest Advocacy Centre, Submission 7, pp 3–4. See also the
Law Council of Australia, Submission 17, pp 7–8.
[81]
People with Disabilities, Submission 21, p. 8; NSW Disability
Discrimination legal Centre, Submission 27, p. 9. See also, for example,
Ms Robin Banks, Public Interest Advocacy Centre, Committee Hansard, 21 January 2009, p. 15.
[82]
NSW Disability Discrimination Legal Centre, Submission 27, p. 9.
[83]
NSW Disability Discrimination Legal Centre, Submission 27, p. 9.
[84]
Australian Government Productivity Commission, Review of the Disability
Discrimination Act 1992, 2004, Finding 13.5.
[85]
Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard,
6 February 2009, p. 19.
[86]
Attorney-General's Department, answers to questions on notice, received 11 February 2009.
[87]
Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard,
6 February 2009, p. 13.
[88]
Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard,
6 February 2009, p. 13.
[89]
Australian Government Productivity Commission, Review of the Disability
Discrimination Act 1992, 2004, Recommendation 9.2.
Liberal Senators' Additional Comments
[1]
McDougall v Kimberley-Clark Australia Pty Ltd (Anti Discrimination) [2006] VCAT 1563
[2]
McDougall v Kimberley-Clark Australia Pty Ltd (Anti Discrimination) [2006] VCAT
1563, paragraph 16.
[3]
ACCI, Submission 37, p. 19.
[4]
Marsden v HREOC & Coffs Harbour & District Ex-Servicemen &
Women’s Memorial Club Ltd
[5]
Disability Discrimination Act Amendment Bill 2003
[6]
ACCI, Submission 37, p. 20.
[7]
See, for example, Physical Disability Australia, Submission 5,
pp 7–8.
[8]
Blind Citizens Australia, Submission 24, p. 2.
[9]
Sydney Opera House, Submission 22, p. 1.
[10]
Proposed section 5(1).
[11]
ACCI, Submission 37, p. 12.
[12]
The Productivity Commission noted that it was an original intention of the
Act that a refusal to make reasonable adjustments could amount to
discrimination. See Australian Government Productivity Commission, Review of
the Disability Discrimination Act 1992, 2004, pp 189, 190 and 194.
[13]
Australian Government Productivity Commission, Review of the Disability
Discrimination Act 1992, 2004, p. xlvi
[14]
Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard,
6 February 2009, p. 12.
[15]
PC – rec 14.5.
[16]
ARA, Submission 28, p. 3.
[17]
Mr Graeme Innes, AHRC, Committee Hansard, 21 January 2009, p. 10.
[18]
ACCI, p. 1.