Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
In Melbourne, Australia, disability law primarily revolves around the Disability Discrimination Act 1992 (Cth) and the Equal Opportunity Act 2010 (Vic). These laws work to protect individuals living with a disability from discrimination, mistreatment, or unjust practices in various aspects such as employment, education, access to premises and facilities, and more. It is critical that all individuals and entities in Melbourne abide by these laws to ensure equality and fairness.
Many situations may warrant the need for a disability lawyer. For instance, you may have been unfairly dismissed from a job, denied access to certain services or facilities, or treated unfairly because of your disability. In such instances, a lawyer can help you understand your rights and initiate legal action against the discriminating party. A lawyer can also be beneficial in helping you navigate through the complex process of filing disability benefits or appealing rejected claims.
As aforementioned, the Disability Discrimination Act 1992 and the Equal Opportunity Act 2010 are the primary laws governing disability in Melbourne. These laws make it illegal to discriminate against a person because of their disability in areas such as employment, education, access to premises, and provision of goods, services, and facilities. They also extend to harassment and encourage the availability of reasonable adjustments and measures to ensure equal opportunity. Any breach of these laws can lead to legal consequences.
Any person who believes they have been discriminated against due to their disability can file a claim. This includes people with physical, intellectual, psychiatric, sensory, neurological, learning disabilities, as well as people with disease-causing organisms.
Discrimination complaints can be lodged with the Australian Human Rights Commission or the Victorian Equal Opportunity and Human Rights Commission.
The disability laws are enforced by the courts through legal proceedings initiated by individuals or the Australian Human Rights Commission. The Victorian Equal Opportunity and Human Rights Commission also play a significant role in promoting and enforcing these laws.
Reasonable adjustments refer to changes or modifications made to ensure that a person with a disability can participate or access something on an equal footing with others. It may include alterations in premises, modification in equipment, or adjustment in work or study arrangements.
An employer can only refuse to make reasonable adjustments if it will cause unjustifiable hardship to the business. The aspect of unjustifiable hardship involves considering factors like cost, effect on others, and the resources of the employer.
The Department of Social Services, National Disability Insurance Scheme, and the Disability Advocacy Resource Unit are some institutions that provide helpful resources about disability rights and support services. Legal Aid Victoria and Community Legal Centres also offer free legal advice and services related to disability discrimination.
If you believe you have been discriminated against due to your disability, the first step is to seek legal advice. Consult with a disability lawyer or legal aid service to understand your options. They can guide you on gathering evidence, filing a complaint, seeking reparations, and advocating for your rights.
