Ramp Up: Content from Across the ABC


Date/Time 15 Mar 2014 11:08:41pm
As a woman with a disability who was once a disability discrimination lawyer (the irony was never lost on me), I couldn't agree more with you Craig. The constant frustration I would endure (from my clients and myself) on the lack of teeth of the DDA was enough to turn me towards becoming a family lawyer instead.

I think it is widely recognised that people with disability are one of the most marginalised and disadvantaged groups in Australian society today and the sad truth is most of the clients that passed my way were struggling financially and emotionally to simply get through the day, yet the DDA (and similarly state based legislation) requires these people to suddenly become David and take on Goliath.

If the DDA intended to help create systemic change - it has failed miserably. Firstly by virtue of the fact that 99% of the conciliation's that I attended which actually reached settlement stage included confidentiality clauses in the settlement deed - so even if it was resolved no one was allowed to talk about it. And secondly that if your complaint did not reach a resolution at conciliation stage - next step was taking your matter to the federal court. Which as most know - is a costs based jurisdiction.

So not only was the person with the disability having to step up and play David, they were also running the significant risk of having costs awarded against them if they lost at trial. And if we look at past disability discrimination cases of the last decade - very few actually get up.

I dream one day of a piece of legislation that does not require the person treated less favourable to take on the big bad monsters with his tribe of grey suited lawyers and can actually make a difference to the disabled community.