Part 3: When is discrimination allowed?
When you make a complaint, you need to be prepared that the discriminator will say that your complaint is not correct or you are not telling the truth. Some may accept that their action is discriminatory but say that the discrimination is allowed by the law.
The Disability Discrimination Act permits discrimination in certain circumstances, such as on public health grounds when a person’s disability is an infectious disease or for reasonable differences in the provision of insurance and superannuation. There is also an exemption in relation to combat duties or peacekeeping services in the Australian Defence Force or Australian Federal Police.
Not all discrimination is unlawful. This section outlines where and when discrimination may be permitted.
- 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