What is ‘fair treatment’?

Under the federal Disability Discrimination Act 1992, it is unlawful to treat a person unfairly because of their disability. Fair treatment applies to a range of situations, including medical and dental services.

Discrimination can be direct or indirect. Direct discrimination is when a person with disability is treated less favourably than a person without disability (eg refusing to treat a person because of their disability). Indirect discrimination may occur when a person with disability is denied treatment because they cannot meet one of its requirements (eg performing a test, completing a form).

People with developmental disability are entitled to human rights, including the right to health, on an equal basis with other people. This means potential differences or difficulties need to be acknowledged and reasonable accommodations made for people with developmental disability, to enable equity of access to healthcare options as for the general population.