Glossary and Definitions Index
- Disability
- Reasonable Adjustment
- Inherent Requirement
- Discrimination
- Harassment
- Mental Health
- Wellbeing
- Some Common Forms of Disability
- Common Misconceptions
Disability
There are many definitions of disability used in Australia and all over the world. The definition that Defence has adopted comes from the Disability Discrimination Act 1992. Under the Act, in relation to a person, disability is defined as:
- total or partial loss of the person's bodily or mental functions; or
- total or partial loss of a part of the body; or
- the presence in the body of organisms causing disease or illness; or
- the presence in the body of organisms capable of causing disease or illness; or
- the malfunction, malformation or disfigurement of a part of the person's body; or
- disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or
- a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgement or that results in disturbed behaviour;
and includes a disability that:
- presently exists; or
- previously existed but no longer exists; or
- may exist in the future; or
- is imputed to a person.
The word 'disability' is often misunderstood and stigmatised, which is also often based on ignorance and lack of understanding. It is important to note that disability does not just refer to extremes, such as loss of both legs, but is a continuum. In fact, many of us have or will have some disability in our life - be that impaired hearing, joint damage or back problems, reading glasses, a stroke or having some physical or mental limitations.
To learn more about different disabilities please see the list of Fact Sheets we have developed.
Reasonable Adjustment
The Disability Discrimination Act 1992 states that whenever it is necessary, possible and reasonable, employers should take into account a person's disability and make appropriate modifications to the work environment or to the way a job can be performed to accommodate such a person. Where a person with a disability can perform the inherent requirements of the job with some alterations or adjustments, the employer should make reasonable adjustments which may include one or more of the following types of adjustment in relation to:
- workplace or work related premises, equipment or facilities, including provision of additional or assistive equipment or facilities;
- work related communication or information provision, including the form or format in which information is required;
- work arrangements, including hours of work and use of leave entitlements;
- training, transfer, higher duties, or other forms of opportunity to demonstrate or develop capacity in a position
It is important to remember that most people with a disability will not require significant adjustments. Some people will not require any adjustments. Employers should not assume that all people with a disability (or all carers or other associates of people with a disability) will require adjustments and then use this as the basis for discriminatory decisions. More information about reasonable adjustment can be found at the Australian Human Rights Commission web site.
Inherent Requirements
If a person with a disability is able to carry out the core activities (inherent requirements) of a job, the law says that they must be given the same opportunity to do that job as anyone else. Inherent requirements include:
- The tasks that must be carried out in order to get the job done;
- Tasks are not all of the requirements of a job; and
- The achieving of results rather than the means for achieving a result.
For example, in a warehouse it is an inherent requirement of the job that boxes and equipment can be lifted. Therefore, a person who cannot do this does not meet the inherent requirements of the job.
On the other hand, if a person has to evaluate a tender document, it is not an inherent requirement that this be done from a screen or a hard copy. The requirement is that the tender document be evaluated. Therefore a vision-impaired person may require software that turns print to Braille or sound. It would therefore be discriminatory not to employ that person on the grounds that they could not meet the inherent requirement of the job.
Discrimination
The DDA recognises two forms of unlawful discrimination against people living with a disability:
Direct discrimination
It refers to disability discrimination that treats a person less favourably because of their disability than a person without that disability would be treated in the same or similar circumstances.See section 5 of the DDA .
Indirect discrimination
Indirect discrimination occurs when a 'condition' stops a person with a disability, or an associate of a person with a disability from doing something. A 'condition' includes physical barriers, policies, procedures, practices, selection or admission criteria, rules or requirements. See section 6 of the DDA . For instance, stairs are the same for everyone but some people cannot use them in the same capacity.
For the purposes of Defence Instruction (General) Personnel 35-3, harassment is unwanted or unwelcome behaviour that a reasonable person, having regard to all the circumstances, would consider offensive, humiliating, or intimidating. Harrassment may be a result of some real or perceived attribute or difference, such as:
- race, colour, nationality or ethnicity
- sex;
- gender;
- religion;
- marital status;
- political opinion;
- socio-economic background;
- age;
- medical record, or physical, mental or intellectual disability/impairment;
- criminal record;
- sexual orientation; and
- trade union activity.
Harassment can also take other forms such as:
- insulting comments about the physical characteristics, abilities or mannerisms of a person;
- disparaging or unnecessary comments about a person's work or capacity for work;
- the spreading of malicious rumours or public statements of a derogatory nature about a person;
- interference with a person's workplace, work materials, equipment or property;
- exclusion of a person from normal conversation, workplace activities or work-related social activities;
- persistent teasing; or
- offensive pictures, posters, graffiti or written material.
Mental health problems affect a person's emotional wellbeing and/or their perception of reality. Mental disorders refer to conditions resulting in disorders of thought, emotion, perception and judgement. The triggers of mental health problems have been attributed to environmental and biological factors.
Community attitudes to mental health problems often include prejudice and myths which further stigmatise people with mental disorders.
The most common mental disorders are depression and anxiety disorders which affect 20% of Australians during their life.
Wellbeing represents the individual’s ability to be productive and contribute to their work and life. It includes physical and mental wellness and social, institutional and family support in order to increase resilience. Defence recognises that improving the wellbeing of employees enhances their ability to contribute to their work and life and is a shared responsibility between Defence and the employee. You can read more on wellbeing in the Defence Employees’ Certified Agreement (DECA) 2006-2009 (Defweb only), or in the Defence Workplace Relations Manual (Defweb only), which is the policy that supports the DECA. The manual provides supervisors and employees with background information and explanations of the provisions that are contained in the DECA.
Some common forms of disability
Physical impairments
Physical impairments refer to any impairment of the body that restricts day-to-day activities. These can be acquired from injury, disease or a birth defect. People with physical impairments may have difficulty using a mouse and keyboard, accessing buildings or have low mobility.
Vision impairments
Vision impairments are defined by when a person cannot read the top letter on an eye chart, even with the aid of corrective technology (such as glasses). At least 75 per cent of people with vision impairment have some functional vision and only a small percentage of people have no useful vision. The most common types of vision impairment are Cataracts, Diabetic Retinopathy, Age-related Macular Degeneration and Glaucoma.
Print disability
Print disability is when a person cannot access print in a standard form. This may be due to no or low vision, a learning disability or a physical impairment, such as when a person is unable to hold a book. Print disability can be overcome with alternative forms of data presentation, such as a tape reading of a book, or a screen reader.
Hearing impairments
The definition of hearing impairment includes people who are deaf and people who have very limited hearing. The Australian Hearing Service estimates that one in every ten Australians experience difficulty in hearing, and approximately half of these people would benefit from using a hearing aid. Hearing impairments range from mild (difficulty hearing, especially with background noise), to moderate (hearing aid may be required), to severe (hearing aids may be useful but are often inadequate), and profound (no ability to hear).
Sleep disorders
Any disorder that affects, disrupts or involves sleep. The most common sleep disorders are snoring, sleep apnoea and insomnia. Any disruption or lack of sleep usually results in symptoms of low energy, excessive fatigue and tiredness over the following day.
Intellectual disabilities
People with an intellectual disability can have difficulty understanding complex language and they may have low literacy skills. The use of complex language and concepts can prevent people with this disability from obtaining vital information and/or services, which they need for day-to-day living.
Learning impairments/Cognitive impairments
Learning impairments are a result of a deficit in information processing. They most commonly refer to nonverbal learning disabilities (a disorder of reading), language learning disabilities (a disorder of written expression) or a mathematics disorder. It is common for a person to have more than one type of learning disability. The most commonly known learning disorders are dyslexia and Asperger Syndrome (a mild form of autism).
Learning impairments are often undiagnosed and people who have learning difficulties are usually skilled at masking it. Some indicators for learning impairments are delays in language processing, visual perception deficits, memory problems, attention problems, poor motivation, disorganisation, poor social skills, behavioural disorders, such as conduct disorder or oppositional defiant disorder, low self-esteem, and depression.
Speech impairments
The term speech impairment is used to describe an impairment of the neurological, cognitive and/or physical structures and functions specific to speech, resulting in a reduction of the person’s capacity for communication. The Australian Bureau of Statistics estimates that approximately 2% of Australians have a speech disability. These include difficulties in pronunciation of sounds, projection and fluency of speech, and may range from problems with articulation or voice strength to complete voicelessness, chronic hoarseness, stuttering or stammering.
People with speech disabilities may be difficult to understand and can experience difficulties expressing themselves. These problems may be aggravated by anxiety or pressure, for example when trying to communicate in a group.
Acquired brain injury
People with an acquired brain injury will vary greatly in the extent to which their communication is affected (if at all). Some people may have difficulty with literacy and understanding complex language. Others may have problems with memory, planning and organising. Some people have considerable cognitive problems that may not be immediately evident. Others may have physical and coordination problems.
Manipulatory disability
People with manipulatory disabilities have difficulty holding and/or moving objects because of problems associated with their arms and hands. This may be due to nerve injuries, arthritis or amputation. They may find it difficult to hold books or papers and turn pages. When providing information for this audience, the formats to consider include the Internet, disk, audiocassette, video and radio. Many people with manipulatory disabilities use Radio for the Print Handicapped to get access to community information.
People tend to make assumptions about people with disability, and often people with disability are pooled into a single category, creating a ‘type’. Frequently these assumptions can be dismissed upon meeting a person with a disability, or by referring to the facts. Some of the most common misconceptions made about people with disability in an employment context are:
- The type of work available in my agency/area is not suitable for people with disability
- Employing people with disability is too costly—I would need to make modifications to the workplace and purchase expensive technology
- People with disability require more sick leave, are at risk of accident and will increase my insurance costs
- People with disability will not ‘fit in’ in my workplace
- People with disability are not as productive as other workers
- People with mental illness are too big a risk to employ, as they may become violent
- Employing people with disability will mean extra work for my staff, as people with disability need more training
- As a manager, people with disability will require too much of my attention
- It is too difficult and time consuming to alter recruitment processes for applicants with disability
If you have concerns about any of the above misconceptions, or about working with a person with a disability, please refer to the Fact sheet, to the APSC document “Ability at Work" or contact us to discuss your concern.
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