A disability may be:

Physical (malfunction, malformation, disfigurement or mobility)
Psychiatric or psychological (or mental illness)
Sensory (vision, hearing or speech impairment)
Intellectual or cognitive
Neurological or learning
The presence in the body of disease causing organisms (e.g. HIV)
A chronic medical condition
Permanent or temporary

extract from the Commonwealth Government's
Disability Discrimination Act 1992

Part 1 - Preliminary
Section 4 (1)

Interpretation

1. "disability", in relation to a person, means :
2. total or partial loss of the person's bodily or mental functions; or
3. total or partial loss of a part of the body; or
4. the presence in the body of organisms causing disease or illness; or
5. the presence in the body of organisms capable of causing disease or illness; or
6. the malfunction, malformation or disfigurement of a part of the person's body; or
7. a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or a disorder, illness or disease that affects a person's thought in processes, perception of reality, emotions or judgment or that results in disturbed behaviour;

and includes a disability that :

1. presently exists; or
2. previously existed but no longer exists; or
3. may exist in the future; or
4. is imputed to a person.

Sections 15 and 22 of the DDA (1992) make it unlawful to discriminate on the grounds of a disability in the employment of a person. They also make it unlawful for an educational institution to discriminate against students on the grounds of a disability by refusing or failing to accept the person's application for admission, or in the terms or conditions on which it is prepared to admit a person, or by denying or limiting the student's access to any benefit provided by the educational institution. The DDA (1992) does not render it unlawful to apply usual merit principles. Academic standards are not required to be compromised in fulfilling the requirements of the Act.

Section 22(4) of the DDA (1992) does not render it unlawful to refuse or fail to accept a person's application for admission as a student where the person's admission would require services or facilities that are not required by students who do not have a disability and the provision of which would impose unjustifiable hardship on the educational institution.

Section 3 of the DDA (1992) makes provisions for service providers, such as tertiary institutions, to develop and implement Disability Action Plans in order to meet the objectives of the Act.

extract from the Northern Territory's
Anti-Discrimination Act as in force at 24 April 2002

Part 1 - Preliminary
Section 4 (1)

"impairment" includes -

1. the total or partial loss of a bodily function;
2. the presence in the body of an organism which has caused or is capable of causing disease;
3. the presence in the body of organisms impeding, capable of impeding or which may impede the capacity of the body to combat disease;
4. total or partial loss of a part of the body;
5. the malfunction or dysfunction of a part of the body;
6. the malformation or disfigurement of a part of the body;
7. reliance on a guide dog, wheelchair or other remedial device;
8. physical or intellectual disability;
9. psychiatric or psychological disease or disorder, whether permanent or temporary; and
10. a condition, malfunction or dysfunction which results in a person learning more slowly than another person without that condition, malfunction or dysfunction;

Go to top