• Our Director-General
• Our organisation
  • Structure
• Disability Discrimination Action Plan
  • Director-General's message
  • What is the Disability Discrimination Act?
  • How does the Act identify discrimination?
  • What does the Plan cover?
  • Achievements in 2003-05
  • Goal 1: An accessible built environment
  • Goal 2: Accessible information
  • Goal 3: Inclusive policy and practice
  • Goal 4: Equitable Employment Opportunities
  • Implementation, review and reporting
• Employment
  • Careers with Disability Services Queensland
  • Why work for Disability Services Queensland
  • Jobs at Disability Services Queensland
  • Who we are looking for
  • How do I apply?
  • Graduate opportunities
    • Tailoring your opportunities
    • Outline of the Graduate Program
• Freedom of Information (FOI)
• Strategic directions
• Strategic plans
• Disability Service Plan 2007-2010
• Annual Reports
• Legislation
• Multicultural Action Plans

How does the Act identify discrimination?

Section 5 of the Act identifies two broad types of disability discrimination:

• Direct discrimination

  This occurs when an individual is treated less favourably because of his or her disability.

• Indirect discrimination

  This refers to treatment that may appear neutral, but imposes an unreasonable condition or requirement that disadvantages a person with a disability. For example, including unnecessary conditions or requirements that a person with a disability is not able to comply with. For instance, positions requiring the employees to be able to drive, where the job could be performed using a taxi or public transport.

According to the Act, disability in relation to a person, means:

1. total or partial loss of the person's bodily or mental functions
2. total or partial loss of a part of the body
3. the presence in the body of organisms causing disease or illness
4. the presence in the body of organisms capable of causing disease or illness
5. the malfunction, malformation or disfigurement of a part of the person's body
6. a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction
7. 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:

1. presently exists or
2. previously existed but no longer exists or
3. may exist in the future or
4. is imputed to a person¹.