{"id":"F2019L01186","name":"Disability Discrimination Regulations 2019","slug":"disability-discrimination-regulations-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99781,"registerId":"commonwealth-F2019L01186-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Disability Discrimination Regulations 2019.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Disability Discrimination Act 1992.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  In this instrument:\n\n> Act means the Disability Discrimination Act 1992.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Exemptions from prohibition of disability discrimination","content":"## Part 2—Exemptions from prohibition of disability discrimination","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Exemption of things done in compliance with a prescribed law","content":"#### 6 Exemption of things done in compliance with a prescribed law\n\n  Commonwealth\n  (1) For the purposes of subsection 47(2) of the Act, the following laws of the Commonwealth are prescribed laws:\n    (a) Part 9D of the Broadcasting Services Act 1992;\n    (b) regulations 121.270, 121.275, 133.225, 133.230, 135.265 and 135.270 of the Civil Aviation Safety Regulations 1998;\n    (c) regulation 131.405 of the Civil Aviation Safety Regulations 1998, including the Part 131 Manual of Standards to the extent it prescribes requirements for the purposes of paragraph (1)(b) of that regulation.\n  New South Wales\n  (2) For the purposes of subsection 47(2) of the Act, the following laws of New South Wales, as in force from time to time, are prescribed laws:\n    (a) Mental Health Act 2007 (NSW);\n    (b) Mental Health Regulation 2013 (NSW);\n    (c) paragraphs 56(1)(e), 60(1)(c) and (d), subclause 60(2), paragraphs 65(1)(a) and (b), clause 86, paragraph 96(4)(h) and subclause 122(4) of the Road Transport (Driver Licensing) Regulation 2017 (NSW).\n  South Australia\n  (3) For the purposes of subsection 47(2) of the Act, the following laws of South Australia, as in force from time to time, are prescribed laws:\n    (a) subsection 75(3) and section 75A of the Education Act 1972 (SA);\n    (b) regulation 10 of the Fair Work (General) Regulations 2009 (SA);\n    (c) section 20 of the Firearms Act 2015 (SA);\n    (d) section 80 of the Motor Vehicles Act 1959 (SA).","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Combat duties","content":"#### 7 Combat duties\n\n  For the purposes of the definition of combat duties in subsection 53(2) of the Act, duties which require, or which are likely to require, a person to commit, or participate directly in the commission of, an act of violence in the event of armed conflict are declared to be combat duties.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Combat‑related duties","content":"#### 8 Combat‑related duties\n\n  For the purposes of the definition of combat‑related duties in subsection 53(2) of the Act, the following duties are declared to be combat‑related duties:\n    (a) duties which require, or which are likely to require, a person to undertake training or preparation for, or in connection with, combat duties;\n    (b) duties which require, or which are likely to require, a person to work in support of a person performing combat duties.","sortOrder":7}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument alters the practical scope of the Disability Discrimination Act 1992 in two ways. First, it prescribes specific Commonwealth, New South Wales and South Australian laws as \"prescribed laws\" for subsection 47(2), so actions done to comply with those listed laws are exempted from the Act's prohibition on disability discrimination (section 6). Second, it declares the meanings of \"combat duties\" and \"combat‑related duties\" for subsection 53(2) by specifying the kinds of duties covered (sections 7–8). Both steps narrow and specify how the Act applies in the named statutory and operational contexts, so they change the Act's applied scope by defining exemptions and statutory meanings."},"complexity_factors":["Cross‑references to the Disability Discrimination Act 1992 (requires reading subsections 47(2) and 53(2) of the Act to see full effect) (sections 6–8).","Prescribing external laws and specific regulations across multiple jurisdictions (Commonwealth, New South Wales, South Australia), including particular regulation numbers and statute clauses (section 6).","\"As in force from time to time\" language for state laws, which makes scope dynamic and requires monitoring of changes in external statutes and regulations (sections 6(2)–(3)).","Definitions that operate by declaration rather than by detailed criteria (sections 7–8), which shifts interpretive work to courts and decision‑makers.","Narrow, technical drafting that requires cross-referencing manuals or schedules (for example, a Manual of Standards referenced within a regulation) (section 6(1)(c))."],"plain_english_summary":"This regulation, made under the Disability Discrimination Act 1992, lists specific Commonwealth, NSW and South Australian laws as \"prescribed laws\" whose compliance can exempt actions from the Act’s general prohibition on disability discrimination. It also declares what counts as \"combat duties\" and \"combat‑related duties\" for the Act’s purposes. The effect: entities required to follow the named laws—and roles involving combat or its preparation—may be treated differently under the Act, shifting legal risk and compliance tasks to agencies and advisers."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose. Part 2 maintains the traditional function of disability discrimination regulations — prescribing specific statutory exemptions that balance anti-discrimination principles against other public policy objectives (safety, national security, state regulatory schemes). The combat duty definitions in sections 7-8 serve the specific purpose intended by section 53 of the parent Act. There is no evidence of scope creep or expansion beyond the original regulatory intent."},"complexity_factors":["Very short instrument — only 8 sections total","Minimal defined terms — only one definition ('Act') in section 5","Simple structure — preliminary provisions, followed by two distinct substantive parts (exemptions list and combat duty definitions)","No nested conditional logic or exceptions-within-exceptions","Cross-references are straightforward — primarily referencing external statutes and the parent Disability Discrimination Act 1992","Prescriptive rather than discretionary — lists specific laws and duties without complex tests or criteria"],"plain_english_summary":"These regulations set out specific situations where disability discrimination laws don't apply (exemptions) under Australia's main disability discrimination law.\n\n**What this does:**\n- **Lists specific laws that override disability discrimination protections** — If someone follows these particular laws, they can't be sued for disability discrimination, even if their actions would normally be illegal under the Disability Discrimination Act 1992.\n\n- **Defines combat duties for Defence purposes** — Clarifies what counts as 'combat duties' and 'combat-related duties' in the military. This matters because the Disability Discrimination Act allows the Australian Defence Force to discriminate based on disability when recruiting for these roles.\n\n**Who it affects:**\n- **Broadcasters** — Part 9D of the Broadcasting Services Act is exempted (this typically deals with captioning requirements for hearing-impaired viewers, but compliance with it is shielded from discrimination claims)\n- **Aviation industry** — Specific civil aviation safety regulations about pilot and crew medical standards are protected\n- **State government bodies in NSW and SA** — Mental health laws, driver licensing rules, education laws, firearms laws, and motor vehicle laws in these states are exempted\n- **Australian Defence Force** — The definitions clarify which military roles can lawfully exclude people with certain disabilities\n\n**Why it matters:**\nThese exemptions create carve-outs where public safety, national security, or other policy goals are deemed more important than individual disability discrimination claims. For example, someone denied a driver's licence due to a medical condition can't use federal discrimination law to challenge that decision if the state licensing law is listed here. Similarly, the ADF can lawfully reject applicants with disabilities for frontline combat roles."}},"importantCases":[],"_links":{"self":"/api/acts/disability-discrimination-regulations-2019","history":"/api/acts/disability-discrimination-regulations-2019/history","analysis":"/api/acts/disability-discrimination-regulations-2019/analysis","conflicts":"/api/acts/disability-discrimination-regulations-2019/conflicts","importantCases":"/api/acts/disability-discrimination-regulations-2019/important-cases","documents":"/api/acts/disability-discrimination-regulations-2019/documents"}}