Sentrix Digital riskatlas.com.au Library
disability · legal

Disability

Legal - Australia (DDA 1992)

Definition

Total/partial loss of bodily/mental functions; loss of a body part; presence of disease organisms in the body.

Prerequisite chain

  1. Condition. Loss of bodily/mental function, or a disease organism is present
  2. Functional status. Normal life activities are affected
  3. Applied test. No mandated "without aids" rule - tribunals look at the actual functional limitation
Assessment basis (treatment / aids) — The DDA does not statutorily mandate a "without aids" rule. Tribunals generally look at the actual functional limitation, but case law often considers the inherent condition rather than the mitigated one for discrimination purposes.

Qualifiers

  • Severity. N/A
  • Duration. Past, present, or imputed (future/perceived)
  • Scope. Total vs. Partial loss; physical, intellectual, psychiatric, sensory
  • Other. Broadest statutory definition of the jurisdictions covered

Impact

Loss or impairment of a bodily or mental function affecting normal life.

Example

A job applicant with HIV (an asymptomatic "disease organism" present in the body) is covered by the DDA even without symptoms.

Source: Disability Discrimination Act 1992 (Cth), s.4

Language map: disability · Incapacity · Mitigated-state trap

Sentrix Digital, Melbourne · ABN 29 203 554 753. Not medical, legal, or financial advice. Organisation and drafting only. Verify with treating practitioners, the PDS, and the trustee/insurer. Australian complaints: insurer/trustee IDR, then AFCA. · info@sentrixdigital.com · +61 (03) 9088 1341 · Admin login