Disability Discrimination Checklist

Step 1: ComplainantThe Complainant is the person who has been discriminated against in this case.

Name:
Postal Address:
Mobile:
Email:
If you are acting on behalf of someone, your name:

Step 2: Is your Complaint discrimination due to disability?

You can make a claim under Disability Discrimination Act (Commonwealth) OR Equal Opportunity Act (Victorian) if:

    1. You have OR are acting on behalf of someone with a disability or are personally associated (e.g. parent, carer, spouse) with someone with a disability
      AND
    2. have been discriminated against DUE to the disability.

Step 3: Is your complaint within the time limit?What was the date when the discrimination took place?

  • Equal Opportunity Act – generally a complaint needs to be made within ONE YEAR of the alleged discrimination.
  • Disability Discrimination Act – generally a complaint needs to be made with SIX MONTHS of the alleged discrimination.
  • If you can show that there was a hardship which prevented you from complaining within the time limit then exceptions may be made.

Step 4: The other party

The person who has done the discriminating. It can be a person, a business, an educational institution etc.

Name:

(In the case of a business – you can nd a business’ full name by searching the shorthand name, Australian Business Number (ABN) or Australian Company Number (ACN) Search “ABN look up” into Google or go to “http://abr.business.gov.au/”).

Postal Address:

(In the case of a business you can nd the postal address for a business by clicking through the ABN (see above). You will nd “Business Names” this will take you to the ASIC website which should provide an address).

Alternate method of contact?

If you are unable to provide an address, do you have a mobile, of ce number, email or any other method of contacting the person who has discriminated?
Taking action on disability discrimination 31

Step 5: Description of the discrimination

  1. Date(s) when the discrimination occurred?
  2. 2. Description of the discrimination:
    • What happened?
    • Why did it happen?
    • Where did it happen?
    • Was the problem resolved/attempted to be resolved at all?
    • Who was involved?
    • What effect did the problem have on the Complainant (the person who has been discriminated against)?

Step 6: Outcomes

What outcome do you hope to achieve from taking action?

Think about what you would like out of this process so that steps can be made to attempt to resolve the issue.

Potential outcomes

  • An apology or a statement of regret

You may choose to request an apology from the other party, a court may choose to order it, however they are not obliged to do so. If a person is given a court order to apologise they must do so appropriately.

If there is a settlement, a statement of regret may be made.

  • Changes to policy or practice.

Reversal of discriminatory action, e.g. reinstatement at a job.

  • Compensation

A claim for compensation may be appropriate depending on the circumstances of the case. You should consider whether you have been at a finnancial loss due to the discrimination? – Has there been pain and suffering due to emotional distress?

Contents