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Definition of Disability

The Federal Disability Discrimination Act 1992 (DDA) provides protection for everyone in Australia against discrimination based on discrimination.

The definition of disability in the Disability Discrimination Act 1992 is as broad as possible. It includes: physical, intellectual, psychiatric, sensory, neurological, learning disabilities, physical disfigurement and the presence in the body of disease causing organisms. There are many acts of parliament that are related to the Disability Discrimination Act. There are approximately thirty and include: Community Services Act 1970, Disability Act 2006 and the Mental Health Act 1986.

Disability, with reference to the DDA as it relates to a person means:

• 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.

Note: This definition of disability refers to discrimination: it does not cover the definition of disability required for a person to be entitled to services under the Victorian Department of Human Services.

The Victorian Disability Act 2006 defines disability as:

• a sensory, physical or neurological impairment or acquired brain injury or any combination thereof, which:
• is, or is likely to be, permanent; and
• causes a substantially reduced capacity in at least one of the areas of self-care, self-management, mobility or communication; and
• requires significant ongoing or long term episodic support; and
• is not related to ageing; or
• an intellectual disability; or
• a developmental delay.

This definition, which is more based on the effect the impairment causes, may determine whether a person is entitled to services under Department of Human Services, Disability Services.