Inquiry into the Disability Discrimination Act 1992
Legal Advice - Review of the Disability Discrimination Act 1992
The Productivity Commission sought legal advice from the Australian Government Solicitor on various matters relating to the Disability Discrimination Act 1992 (DDA), and the Human Rights and Equal Opportunity Commission Act 1986 as part of its inquiry into the DDA. The Commission received the advice, Review of the Disability Discrimination Act 1992, which addressed:
- allowing disability organisations to initiate complaints in their own right;
- interaction between DDA disability standards and State anti-discrimination laws;
- enforcing conciliated agreements.
The advice was released on 14 July 2004 with the inquiry report and the advice Review of the Disability Discrimination Act 1992: ‘vilification'.
CONTENTS
BackgroundAllowing disability organisations to initiate complaints
DDA standards and State laws
Enforcing conciliated agreements
Other issues Questions and Short Answers Reasons
Question 1
Representative complaints under the HREOC Act
Discrimination-related proceedings in the federal courts
Can a disability organisation be an ‘aggrieved person'?
Possible legislative amendments
Questions 3-6
Principles of inconsistency
Commonwealth and State disability legislation
Territory disability legislation
Questions 7-9
The decision in Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245 (‘Brandy')
Implications for enforcement of conciliation agreements
Enforcement of conciliation agreements other than as court orders
Enforcement of conciliation agreements that are contracts
Jurisdiction in contract cases
Legislation providing for the enforcement of conciliation agreements by federal courts
Printed copies
This report is available only on the website.
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