Disability Rights: A Practical Guide for Australians

Rights of people with disability in Australia

Australia ratified the UN Convention on the Rights of Persons with Disabilities in 2008, has also ratified its Optional Protocol, and reports to the UN Committee every 5 years, with the next report due in 2029 (Australian Human Rights Commission).

• You have the right to take part in education, work, community life and services on the same basis as other people.
• You have the right to make your own choices and to have your decisions respected, with support where you want it.
• You have the right to be free from discrimination, violence, abuse, neglect and exploitation.
• You can ask for reasonable adjustments, such as accessible information, flexible hours or changes to a building or process.
• Your family members, carers and friends are protected from discrimination linked to your disability.

Disability rights laws in Australia

Several laws work together, and which one applies depends on what happened and where.

Our overview of disability law explains how these pieces fit together.

Disability rights Victoria and other states

Each state and territory has its own laws and complaint bodies, so check where you live.

• In Victoria, the Disability Act 2006 sets out how disability services are provided and what people receiving them can expect.
• Federal protections under the DDA apply in every state, so you can use them wherever you live.
• Ask your state anti-discrimination or human rights body whether a state law also covers your situation before you choose where to complain.
• Keep dates, names, emails and notes of what was said, because they help any body assess your complaint.
• Act promptly and contact the Australian Human Rights Commission or your state body for advice on time limits.

Employee disability rights at work

The DDA prohibits disability discrimination in employment, and it also protects workers who have a family member, carer or friend with disability.

• You can ask your employer for workplace adjustments, such as changed duties, equipment or flexible hours, to do your job.
• Employers should not treat you unfavourably because of your disability, or because you have a carer or family member with disability.
• Put adjustment requests in writing and keep a copy, so you can show what you asked for and when.
• If a problem continues, contact the Commission’s National Information Service or your union, if you have one.

TQN Care support workers help with personal care, community access, respite and help around the home across Sydney, Melbourne and surrounding areas (NSW & VIC). Tell us what you need and we will call you back.

Disability barriers and attitudinal barriers

Disability barriers are anything that stops a person taking part, and attitudinal barriers come from people’s assumptions rather than buildings or rules.

Removing attitudinal barriers is part of turning rights on paper into rights in practice.

Disability rights and culture

Disability rights and culture include the shared history, language and pride of the disability community.

• The social model sees barriers in society as the main cause of exclusion, rather than a person’s body or mind.
• Disability pride celebrates identity, community and the right to be included on your own terms.
• The disability rights movement has pushed for laws, accessible design and the principle of “nothing about us without us”.
• Respectful language matters, so ask people how they prefer to describe themselves.
• Learn from disabled-led organisations, many of which publish plain-language guides on rights and advocacy.

Mental disability rights

People with psychosocial disability have the same rights to respect, choice and protection from discrimination as everyone else.

• The DDA covers disability that is mental or psychiatric as well as physical, sensory and intellectual disability.
• You can ask for adjustments, such as flexible hours, a quiet space or changed deadlines, in work and study.
• You are entitled to have your decisions respected, with supported decision-making where you want it.
• Talk to your GP or mental health professional about your health, and tell them what support suits you.
• If you are in crisis, call Lifeline on 13 11 14. If someone is in immediate danger, call 000.

Disability action plan and disability plan template

A disability action plan is a written plan that shows how an organisation will remove barriers and include people with disability.

1. 1Consult people with disability. Ask staff, customers and community members what barriers they face and what would help.
2. 2List the barriers. Cover buildings, information, technology, recruitment and attitudes.
3. 3Set actions with owners and dates. Name a person responsible for each action and a realistic timeline.
4. 4Review and report. Check progress regularly, publish results and update the plan with feedback.

A simple disability action plan template can follow the four steps above, with a column for each action, its owner, its due date and its progress. A personal disability plan is different: it sets out one person’s own supports, such as an epilepsy management plan for the people who support them.

How to make a disability discrimination complaint

Making a complaint to the Australian Human Rights Commission costs nothing, and complaints may be resolved through conciliation (Australian Human Rights Commission).

1. 1Write down what happened. Include dates, places, people involved and how it affected you.
2. 2Contact the National Information Service. Call 1300 656 419 to ask questions before you lodge.
3. 3Lodge your complaint in writing. Complaints must be in writing, so keep a copy of what you send.
4. 4Take part in conciliation. The Commission may help both sides try to reach an agreement.

For help speaking up, see how to advocate for disability services.

Common mistakes to avoid

• Waiting too long to act, when time limits may apply and records are easier to gather straight after an event.
• Complaining verbally only, when the Commission requires complaints to be in writing.
• Skipping evidence such as emails, medical letters and notes, which help show what happened and how it affected you.
• Assuming rights apply only to the person with disability, when family, carers and friends are also protected.
• Going through the process alone when advocacy services, community legal centres and the Commission’s information line can help.

TQN Care support workers help with personal care, community access, respite and help around the home across Sydney, Melbourne and surrounding areas (NSW & VIC). Tell us what you need and we will call you back.

Next step: support that respects your rights

At TQN Care, we provide support workers who follow your choices and respect your rights at home and in the community. If you or someone you care for needs personal care, community access, respite or help around the home, see our NDIS services or send a referral, and we will call you back to talk through what you need.