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People with an Impairment (Disability)

Discrimination against people because they have an impairment (disability) is against the law. If you have been treated unfairly because you have an impairment, you can complain to the Anti-Discrimination Commission

What impairments (disabilities) does the Act cover?

The Northern Territory law covers all impairments, whether they be physical, intellectual, psychological or sensory. For example, you are covered if you have a visual or hearing impairment, if you have lost a limb or if you have epilepsy, spina bifida, multiple schlerosis or cerebral palsy. You are also covered if you are HIV positive, or if you have suffered psychiatric illness. It makes no difference whether you were born with an impairment or whether you developed it later in life.

People with an impairment can complain if they are treated unfairly when they:

apply for a job or are working
rent a house, flat or other accommodation
enrol in, or attend, school, university or TAFE
apply for insurance or superannuation
use good, services or facilities — transport, shops, hospitals, restaurants, hotels etc
apply to join a sporting or other club.

How might discrimination occur?

There are many ways in which people with an impairment might be unfairly treated. For example, a landlord might refuse you a house or unit when he or she discovers you have a visual or hearing impairment, or are confined to a wheelchair.

You might be refused medical treatment or services through a government or private organisation because you are HIV positive.

You might also be denied service at a hotel or restaurant because you are blind and accompanied by a guide dog. Or you might have trouble getting a taxi because you are phoning from a psychiatric hospital.

Discrimination in the workplace

A person's impairment does not necessarily restrict their ability to make a valuable contribution to the workforce, and employers are bound by the law to recognise this fact.

Employers must offer equal opportunity to everyone and must look for the best person for a particular job, based on ability to perform the tasks required.

Employers are obliged to look for your abilities, not your disabilities or impairment. You are protected against discrimination in all aspects of your work, including job benefits, promotion, staff training, transfer and dismissal.

An employer cannot deny you the chance of a job on the basis that you will need some special service or facility, unless this is likely to cause an unjustifiable hardship to the employer.

All employers are expected to make reasonable adjustments to the workplace to meet the needs of employees with impairments.

If you are denied a job because you have an impairment, or because you will need special services or facilities, you can make a complaint to the Anti Discrimination Commission.

Access to education, or goods, services or facilities

If you need special services or facilities to enrol in a school or course, or to use goods and services, this cannot be used as an excuse to deny you access unless it is likely to impose an unjustifiable hardship on the institution, agency or business involved.

Renting accommodation

You cannot be denied a house, unit or any other accommodation because you need to make alterations, provided you meet certain conditions. The alterations must be at your own expense and it must be reasonably practicable for the premises to be restored to its original state when you move out.

Superannuation and Insurance

Superannuation and insurance companies are legally entitled to impose different conditions for people with impairments but the conditions must be reasonable and able to be justified.

The law on guide dogs

It is illegal for someone to refuse to rent you accommodation or to deny you access to goods, services or facilities, including restaurants, if you are accompanied by a hearing or guide dog.

You also cannot be asked to pay more for a service because you have a guide dog. It is also unlawful for someone to separate a blind or deaf person from their guide dog.

How the Anti-Discrimination Commissioner can help

If you have an impairment and have been treated unfairly because of it, the Anti-Discrimination Commissioner can confidentially investigate your case.

If the treatment you have complained about is found to be against the law, the Commissioner can help you and the person you are complaining about, to reach a settlement satisfactory to both parties. This is called "conciliation".

Most complaints are successfully conciliated but if this is not possible, they may be referred to the Commissioner for formal hearing. The Commissioner's resulting orders, which might include compensation, are enforceable through the court.

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For further information or advice, contact:

NT Anti-Discrimination Commission

Location
7th Floor, National Mutual Building
9-11 Cavenagh Street
Darwin NT 0800

Postal Address
LMB 22 GPO
Darwin NT 0801

General Enquiries
Telephone: (08) 8999 1444
Freecall: 1800 813 846
Fax: (08) 8981 3812
TTY: 8999 1466
Email: administrationadc@nt.gov.au