What is disability?

Important changes – the law discussed on this website and in publications downloaded from this website has been subjected to amendments commencing August 2009, and so some of the information is no longer accurate. DDLC is currently updating this information to reflect the amendments. In the meantime, please contact DDLC for specific advice in relation to the amendments and how they may affect your matter.

The Disability Discrimination Act (DDA) and Anti-Discrimination Act (ADA) use different definitions of disability.

Anti-Discrimination Act (ADA) (NSW 1977) defines a disability as:

  • Total or partial loss of a person’s bodily or mental functions or of a part of a person’s body; or
  • The presence in a persons body of organisms causing or capable of causing disease or illness; or
  • The malfunction, malformation or disfigurement of a part of a person’s body; or
  • A disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction; or
  • A disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour.

Disability Discrimination Act (DDA) (Commonwealth 1992) defines a disability as:

  • Total or partial loss of the person’s bodily or mental functions; or
  • Total or partial loss of a part of the body; or
  • The presence in the body of organisms causing disease or illness; or
  • The presence in the body of organisms capable of causing disease or illness; or
  • The malfunction, malformation or disfigurement of a part of the person’s body; or
  • 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 processes, perception of reality, emotions or judgment, or that results in disturbed behaviour, and includes a disability that:
  • Presently exists; or
  • Previously existed but no longer exists; or
  • May exist in the future; or
  • Is imputed to a person.

The DDA and ADA also cover:

  • Future disability: A condition which runs in the family which you may develop in the future.
  • Imputed disability: Something someone believes another person has, whether or not they do. For example, someone may believe a gay man has HIV/AIDS.
  • Temporary disability: A disability that exists for a short period of time and isn’t permanent. Temporary disability may also be treated as a past disability if adverse treatment continues after the disability ceases.
  • Associates: If someone associated with a person with a disability is treated differently because of their association, the treatment of the ‘associate’ may be unlawful.