What is the Disability Rights Act?

Disability discrimination is against the law.

Disability discrimination is when you have been treated less favourably than somebody else because:

• you have a disability
• people think you have a disability
• you used to have a disability  
• you may acquire a disability in the future  
• you are the friend, relative or colleague of a person with disability.  

The rights of people with disability in Australia are protected by a variety of laws:

• International: United Nations Convention on the Rights of Persons with Disability (UNCRPD)
• National: Disability Discrimination Act 1992 (referred to as the Disability Rights Act.

Disability Discrimination Act 

Disability Discrimination Act makes it unlawful to discriminate against a person, in many areas of public life because of their disability.

Disability discrimination is against the law in certain public places, including:  

• workplaces, such as when you apply for a job or while you are at work  
• employment agencies, such as when you use recruitment companies 
• when you access goods and services, such as when you go shopping, do your banking or access medical services  
• state education, such as when you apply for study and during your studies  
• accommodation, such as when you rent accommodation  or buy a house
• industrial organisations, such as membership of a union 
• qualifying bodies, such as an institute that issues qualifications 
• at registered clubs (clubs that sell alcohol or have gambling machines), such as when you try to enter or join a club. 

​The Act protects a wide range of disabilities and illnesses, including:  

• physical disabilities
• diseases that make a part of the body or brain work differently
• mental illnesses or psychiatric disabilities
• behavioural disorders
• intellectual disabilities
• learning or cognitive disabilities
• adverse changes to the body or brain following an accident or surgery
• a different formation of a body part
• diseases or illnesses caused by a virus or bacteria.

The Act applies to:

• People with a disability
• People who have had a disability in the past
• People with potential future disabilities
• People that are assumed to have a disability

The Disability Discrimination Act also protects people with disabilities who may be discriminated against because they are accompanied by:

• an assistant, interpreter or reader;
• a trained animal, such as a guide, hearing or assistance dog; or
• they use equipment or an aid, such as a wheelchair or a hearing aid.

How does the Disability Descrimination Act apply to businesses?

Disability discrimination occurs when a person with a disability is treated unfairly, excluded, disadvantaged, or denied equal opportunity because of their disability.

For a business, this can happen in areas such as:

hiring and employment,

• customer service,
• access to premises,
• communication, or
• the delivery of products and services.

It includes both:

• direct discrimination (for example, refusing to serve someone because of their disability) and
• indirect discrimination (such as having policies or practices that unintentionally disadvantage people with disability).

Businesses also have a responsibility to make reasonable adjustments to ensure people with disability can access their services on the same basis as others.

Preventing disability discrimination is not only a legal obligation but also essential to building an inclusive, respectful, and accessible business environment.

What are Reasonable Adjustments?

Reasonable adjustments are practical changes or modifications a business makes to remove barriers for a person with disability, so they can access services, employment, or facilities on the same basis as others.

In simple terms, it means adjusting the way things are normally done to ensure fairness and equal opportunity.

For a business, reasonable adjustments might include:

• Providing information in alternative formats (e.g. large print, email instead of phone calls, Easy Read documents)
• Allowing extra time for appointments or applications
• Installing ramps or ensuring wheelchair-accessible entry
• Offering flexible work hours or modified duties for an employee
• Providing assistive technology or communication supports
• Ensuring referrals or contact methods follow a participant’s stated preferences

An adjustment is considered “reasonable” if it effectively supports the person’s needs and does not cause the business unjustifiable hardship (for example, excessive cost, major disruption, or safety risks).

Making reasonable adjustments is both a legal requirement under Australian disability discrimination law and a key part of operating an inclusive, respectful business.

What can you do if you feel you are being discriminated against?

If you think that you have experienced disability discrimination, you can try speaking to the person or organisation responsible to express how you feel. 

If you don’t feel comfortable doing this, or if it isn’t appropriate, you make a complaint to the relevant body in your state or to the Australian Human Rights Commission.

• Australian Human Rights Commission
• ACT: ACT Human Rights Commission
• NSW: Anti-Discrimination NSW
• QLD: Anti-Discrimination Commission Queensland
• SA: Disability-related complaints and feedback
• TAS: Equal Opportunity Tasmania
• VIC: Victorian Equal Opportunity and Human Rights Commission
• WA: Rights of People with Disability (services) / Making a Complaint

Support to make a complaint

The National Advocacy Program provides advocacy support for people with disability.