Your Right to a Fair Go Brochures
Disability/impairment discrimination
Discrimination is treating someone unfairly or less favourably because of a personal characteristic. In Victoria it is against the law to discriminate against someone because of their actual or assumed disability or impairment in the past or present.
What does ‘disability’ or ‘impairment’ mean?
Disability or impairment includes
- total or partial loss of body function or a body part
- the presence of organisms (such as HIV or Hepatitis C) that may cause disease or impairment, malformation or disfigurement of the body
- mental or psychological disorders
- conditions that may result in a person learning more slowly.
Past disability or impairment may include childhood illnesses, having had a broken leg, or a period of psychiatric illness.
An assumed disability or impairment is when someone believes another person has an impairment or disability based on an assumption rather than fact – such as the assumption that someone who speaks slowly has an intellectual disability.
When is discrimination against the law?
Discrimination laws apply to public behaviour, not to private conduct. Public areas covered by the law include accommodation, clubs and club members, disposal of land, education, employment, goods and services, sport and local government.
Example
Antonio’s teacher will not let him go on an overnight school camp because he has epilepsy and needs medication at night.
A store requires Linh, who is visually impaired, to produce a driver’s licence as identification before it will accept her cheque to pay for goods. Linh is not eligible to have a licence because of her visual impairment. The store will not accept other forms of official identification offered by Linh.
How can the Victorian Equal Opportunity and Human Rights Commission help?
We help resolve complaints of discrimination by offering a confidential, free and impartial resolution service with the aim of achieving a mutual agreement.
Representative Complaints
Victoria's equal opportunity laws were amended in October 11 2006 making it possible for a person or representative body to lodge a complaint with the Commission on behalf of a named person or persons who believe they have been subjected to discrimination or sexual harassment. A representative must be either a person with the same complaint or an organisation with sufficient interest in the complaint.
Contact our free and confidential Advice Line: (03) 9281 7100
TOLL FREE (country callers) 1800 134 142
TTY: (03) 9281 7110
Email: information@veohrc.vic.gov.au
Free interpreters are available on request.
The VEOHRC complies with Victorian privacy laws and the confidentiality provisions of the Equal Opportunity Act 1995. For a copy of the VEOHRC’s privacy policy, please go to www.humanrightscommission.vic.gov.au/privacy or contact the VEOHRC.
DISCLAIMER: This information is intended as a guide only. It is not a substitute for legal advice.
Authorised and printed by the Victorian Equal Opportunity and Human Rights Commission, 3/380 Lonsdale St, Melbourne, Victoria, 3000
April 2007
