APPENDIX 1

Legislation
Industry standards
Definition of disability

Legislation

The Federal legislation governing disability access is the Disability Discrimination Act 1992 (DDA). The DDA defines discrimination as when people with a disability - or their family, friends, carers, co-workers or associates – are treated less fairly than people without a disability.

The aim of the DDA is to maintain the human rights, dignity and equality of people with disabilities by giving them access to mainstream information and services.

The test of whether a service meets DDA requirements of human rights, equality and dignity is:

Is the TIO requiring someone with a disability to do something that we would not require a person without a disability to do?

It is the DDA which provides for the preparation of DAPs to encourage organisations to remove barriers to access for people with disabilities in a planned manner.

To comply with the DDA, the TIO’s DAP includes details of:

• objectives and action programs to achieve the aims of the DDA
• means of evaluating and revising these policies and programs
• intended methods for communication of these policies and programs to TIO staff
• the mechanisms for review of procedures and practices within the TIO with a view to identifying discriminatory practices
• intended outcomes and performance indicators against which the success of the DAP may be assessed, and
• persons within the TIO who have been given responsibility for implementing the provisions outlined above.

The TIO’s commitment to fully comply with Equal Employment Opportunity (EEO) legislation will be further assisted through the adoption of this Plan. EEO obligations include making the workplace free from discrimination, and ensuring that all people have an equal opportunity to receive promotions and training, and to work in positions that are appropriate to their abilities.

When completed, this plan will be submitted to the Human Rights and Equal Opportunity Commission (HREOC) for feedback and registration.

Industry standards

Communications Alliance Ltd is the body responsible for developing codes for the telecommunications industry.

Communications Alliance Ltd’s Disability Council reviews all draft codes to ensure that they take disability issues into consideration. The council also played a significant role in developing the industry guideline on Access to Telecommunications for People with Disabilities (ACIF G586:2006).

Definition of disability

This Plan uses the definition of disability contained in the Disability Discrimination Act 1992. According to this Act, disability means:

• total or partial loss of a person’s bodily or mental functions, or
• total or partial loss of a part of the body, or
• the presence in the body of organisms causing disease or illness, or
• the malfunction, malformation or disfigurement of a part of a person’s body, or
• a disorder or malfunction that results in a person learning differently from a person without that disorder or malfunction, or
• a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behavior.

This definition includes disabilities that:

• presently exist, or
• previously existed but no longer exist, or
• may exist in the future, or
• are imputed to a person.
  

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