What is disability?
There are many kinds of disabilities. The meaning of disability is not limited to what a doctor or Centrelink may say. Discrimination law gives a very broad definition of disability.
According to current Australian and Victorian legislation:
“Disability includes impairments of physical, sensory or mental functions which may affect undertaking activities or participating in community life. It may be caused by accident, trauma, genetics or disease. A disability may be temporary or permanent, total or partial, lifelong or acquired, visible or invisible.”
What counts as a disability?
Courts have found a range of impairments may be considered as disabilities.
For example, stress – the adverse reaction people have to excessive pressure or other types of demands placed on them – may be considered a disability under discrimination law if:
- it has lasted for a significant period of time, and
- it is having a debilitating effect on your ability to carry out usual tasks or daily activities.
- Part 1: Have I experienced discrimination?
- Part 2: What action can I take?
- Part 3: When is discrimination allowed?
- Part 4: Quick references
- Process flow chart option 1: Complaint submitted with the Australian Human Rights Commission
- Process flow chart option 2: Complaint submitted with the Victorian Equal Opportunity & Human Rights Commission
- Process flow chart option 3: Complaint submitted directly with the Victorian Civil & Administrative Tribunal
- Flow chart option 4: Complaint submitted directly with the Fair Work Commission
- Disability Discrimination Checklist