Commonwealth Consolidated Acts

DISABILITY DISCRIMINATION ACT 1992 - SECT 31

             (1)  The Minister may formulate standards, to be known as disability standards, in relation to:

                     (a)  the employment of persons with a disability; and

                     (b)  the education of persons with a disability; and

                     (c)  the accommodation of persons with a disability; and

                     (d)  the provision of public transportation services and facilities by:

                              (i)  the Commonwealth; and

                             (ii)  a State; and

                            (iii)  a Territory; and

                            (iv)  a public authority of the Commonwealth; and

                             (v)  an instrumentality of a State; and

                            (vi)  a public authority of a Territory; and

                           (vii)  any other person;

                            to a person with a disability; and

                     (e)  the administration of Commonwealth laws and programs in respect of persons with a disability; and

                      (f)  the access to or the use of any premises, by persons with a disability, that the public or a section of the public is entitled or allowed to enter or use (whether for payment or not).

          (1A)  For the avoidance of doubt, disability standards may require a person or body dealing with persons with disabilities to put in place reasonable adjustments to eliminate, as far as possible, discrimination against those persons.

          (1B)  Disability standards in relation to the education of persons with disabilities may require education providers to develop strategies and programs that prevent harassment or victimisation of persons with disabilities, in relation to those disabilities.

          (1C)  For the avoidance of doubt, unjustifiable hardship does not excuse an education provider from complying with a requirement made by disability standards under subsection (1B). This does not affect (by implication) the operation of section 32 in relation to other contraventions of disability standards.

             (2)  Disability standards formulated in accordance with this section are to be laid before each House of the Parliament within 15 sitting days of that House after the disability standards are formulated and take effect only as provided by the following provisions of this section.

             (3)  If:

                     (a)  notice of a motion to amend the disability standards is given in either House of the Parliament within 15 sitting days after the disability standards have been laid before that House; and

                     (b)  the disability standards, whether or not as amended, are subsequently approved by that House; and

                     (c)  the other House approves the disability standards in the form approved by the first‑mentioned House;

the disability standards take effect in the form so approved from the day on which that other House approves the disability standards in that form.

             (4)  If no notice of a motion to amend the disability standards is given in the House of Representatives or the Senate within 15 sitting days of the particular House after the disability standards have been laid before that House, the disability standards take effect from the day immediately after that 15th sitting day or, where that day differs in respect of each House, the later of those days.