Review of the Disability Discrimination Act 1992

VOLUME 1

Preliminaries
Cover, Copyright, Letter of Transmittal, Terms of reference, Contents, Acronyms, Glossary,

EXECUTIVE SUMMARIES Key Points Overview
The DDA at a glance
Impact of the DDA
The way forward
Resources
In conclusion

Recommendations

Findings

1   This inquiry
1.1   Background
1.2   Scope of the inquiry
1.3   Conduct of the inquiry
1.4   Report structure

2   Disability and human rights
2.1   Approaches to disability
2.2   Human rights
2.3   Equality
2.4   Measuring social welfare
2.5   Summing up

3   Disability in Australia
3.1   Disability
3.2   Trends in the prevalence of disability

4   Disability discrimination legislation
4.1   Enactment of the Disability Discrimination Act
4.2   Key features of the Disability Discrimination Act
4.3   Disability discrimination regulations
4.4   The complaints process
4.5   Administration of other Disability Discrimination Act functions
4.6   Future developments in discrimination legislation

5   Eliminating discrimination
5.1   Complaints data
5.2   Eliminating discrimination in employment
5.3   Eliminating discrimination in education
5.4   Eliminating discrimination in access to public premises
5.5   Eliminating discrimination in the provision of goods and services and other areas
5.6   Eliminating discrimination in the administration of Commonwealth laws and programs
5.7   Effectiveness of the Disability Discrimination Act for different groups
5.8   Summary and conclusions

6   Benefits and costs of the DDA
6.1   Introduction
6.2   Can the DDA restrict competition?
6.3   Approaches to measuring the benefits and costs of the DDA
6.4   Benefits of the DDA
6.5   Costs of the DDA
6.6   Net benefits of the DDA   149
6.7   Conclusion

7   Necessity and focus of the DDA
7.1   Reasons for government intervention
7.2   Are there non-regulatory alternatives to the DDA?
7.3   Federal or State responsibility?
7.4   A separate Act or omnibus legislation?
7.5   What should be the objects of the DDA?
7.6   Competition Principles Agreement conclusions

8   Eliminating discrimination
8.1   Reasonable adjustments
8.2   What checks and balances are required?
8.3   Who should pay?
8.4   Conclusion

9   Equality before the law
9.1   The Disability Discrimination Act and equality before the law
9.2   Accommodation
9.3   Decision making by and for people with cognitive disabilities
9.4   Justice and civic participation
9.5   Laws with discriminatory effects
9.6   Effect of the DDA on equality before the law

10   Promoting community recognition and acceptance
10.1   The approach so far
10.2   Changes in community awareness and attitudes
10.3   Effectiveness of the current approach
10.4   Improvements to the current approach
10.5   Summing up—striking a balance

11   Definitions
11.1   Definition of disability
11.2   Definition of discrimination
11.3   Definition of indirect discrimination
11.4   Harassment and vilification

12   Exemptions
12.1   Partial exemption for insurance and superannuation
12.2   Exemption of the Migration Act 1958
12.3   Exemptions for specific activities
12.4   Exemptions for prescribed laws
12.5   Exemptions for health and safety reasons
12.6   General conclusions on exemptions

13   Complaints
13.1   Strengths and weaknesses of the complaints process
13.2   HREOC administrative issues
13.3   Role of the federal courts
13.4   Representative complaints
13.5   Conclusions

14   Regulation
14.1   Disability standards
14.2   Self-regulation and co-regulation  
14.3   Guidelines and advisory notes
14.4   Action plans

15   Other issues
15.1   Funding of legal assistance and HREOC
15.2   Government funding for students with disabilities
15.3   Government employment assistance programs
15.4   Access to disability and other Government services
15.5   Government procurement policies
15.6   Copyright
15.7   Other concerns
15.8   Conclusions

References

VOLUME 2

Appendix A   Eliminating discrimination in work
A.1   People with disabilities in the labour market
A.2   Discrimination in the labour market
A.3   Effects of anti-discrimination legislation on employment

Appendix B   Education
B.1   Participation in schools
B.2   Participation in vocational education and training
B.3   Participation in universities
B.4   Educational attainment
B.5   Disability discrimination in education
B.6   Effects of the Disability Discrimination Act in education

Appendix C   Access to premises and public transport
C.1   What is accessibility?
C.2   Access to premises
C.3   Access to public transport

Appendix D   Goods, services and facilities, and social participation
D.1   Outcomes for people with disabilities
D.2   Complaints about provision of goods, services and facilities, and social participation
D.3   Other DDA provisions and goods, services and facilities, and social participation
D.4   Costs and benefits of the Disability Discrimination Act in the provision of goods, services and facilities, and social participation

Appendix E   Commonwealth laws and programs
E.1   Australian Government's response to the Disability Discrimination Act
E.2   Evaluating the Government's performance
E.3   Conclusions

Appendix F   Quantitative analysis and data sources
F.1   Methods
F.2   Data
F.3   Results

Appendix G   Conduct of the Inquiry

References