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Understanding Disability: An Analysis of the Influence of the Social Model of Disability in the Drafting of the Anti-Discrimination Act 1991 (Qld) and in Its Interpretation and Application

Dickson, E.,

Academic Literature

2003

The rhetoric of the Anti-Discrimination Act 1991 (Qld) suggests that it is an important tool

towards delivery of equality of opportunity in education to people with disabilities. The reality,

however, is that its effectiveness has been eroded by the restrictive manner in which it, and other

similar legislation, have been interpreted and applied by Australian courts and tribunals. Case law

suggests that, while anti-discrimination legislation is premised on an understanding of disability

as a social construct which can be mitigated by social change, some courts and tribunals have

misconstrued the cause and nature of disability and have been reluctant to require the reform

necessary to deliver an unfettered right to education to people with disabilities.

Publication information

Journal/Publication : Australia & New Zealand Journal of Law & Education

Location : Australasia

Domain/s: Community and civic participation, Education, Sector development and sustainability

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