You are here: HomeCommunity and civic participationA Hard Case Making Bad Law: Purvis v New South Wales and the Role of the Comparator Under the Disability Act 1992 (Cth)

Current CADR projects

Download a summary of our current projects;

We want to hear from you!

Help us improve the CADR clearing house

A Hard Case Making Bad Law: Purvis v New South Wales and the Role of the Comparator Under the Disability Act 1992 (Cth)

Campbell, Colin, D.,

Academic Literature

2007

Under Disability Discrimination Act 1992, an alleged discriminator will have discriminated against a person with a disability if they treat the disabled person less favourably, because of their disability, than they treat or would have treated someone without the disability, 'in circumstances that are the same or are not materially different'.

In order for there to be a contravention of the Act not only must the alleged discriminator have treated the disabled person less favourably than they would have treated someone without a disability, but the alleged discriminator must have treated the disabled person less favourably than they would have treated someone without a disability who was in the same circumstances as the person with the disability.

This article analyses the case of Purvis v New South Wales in which the High Court of Australia ruled on what would constitute the circumstances of the aggrieved person's case that are to be ascribed to the comparator without the disability.

Publication information

Journal/Publication : Federal Law Review

Location : Australasia

Domain/s: Community and civic participation

green strip

Research to Action Guides

  • A Guide for disability practitioners, schools, employers and young people looking to make the transition from school to employment in Australia....
  • The Culturally Proficient Service Delivery Research to Action Guide has been developed to assist in the provision of accessible, appropriate and effective disab...