Relevant legislation for service providers
Those providing services to people with disability must comply with all relevant statutes, regulations, by-laws and requirements of any Commonwealth, State, Territory or local authority in which they operate.
Service providers must provide people with disability support and assistance that is free of any form of unlawful discrimination and that complies with the Disability Discrimination Act 1992.
The Commonwealth Disability Discrimination Act 1992 defines disability as:
- total or partial loss of a person’s bodily or mental functions
- total or partial loss of a part of the body
- the presence in the body of organisms causing disease or illness
- the malfunction, malformation or disfigurement of a part of a person’s body
- a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction
- a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgement, or that results in disturbed behaviour.
For a brief guide to the Disability Discrimination Act, visit the website of the Australian Human Rights Commission.
All employees’ rights to privacy are protected under the Privacy Act 1988. For more information on privacy law, visit the Office of the Australian Information Commissioner website.
Providers of services to people with disability have a duty of care that their actions are made with care, attention, caution, and prudence. When providing advice to people with disability and employers, care must be taken to ensure that the person has understood the information. This means taking into account personal barriers such as language and literacy.