Purvis vs New South Wales (Department of Education & Training) : A Case for Amending The Disability Discrimination Act 1992 (Cth)  

Oleh:

Rattigan, Kate

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Melbourne University Law Review vol. 28 no. 2 (Aug. 2004), page 532-563.
Topik: discrimination; disability discrimination act 1992

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Perpustakaan Pusat (Semanggi) Nomor Panggil: MM70 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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This case note examines the important High Court decision in Purvis, which considered aspects of the Disability Discrimination Act 1992 (Cth). The case explored the tensions that arise from trying to balance the duty to provide a non-discriminatory educational setting and the duty to provide employees and students with a safe environment. This case note provides an analysis of the key issues in the case, including the definition of ‘disability’, the appropriate comparator, the meaning of the term ‘accommodation’ and the test for determining whether discrimination is ‘on the ground’ of disability. Although all members of the High Court adopted a wide and beneficial construction of the term ‘disability’, a majority of the Court adopted a narrow approach to the substantive definition of direct discrimination. This approach represents a departure from established discrimination jurisprudence. It is contended that the majority approach was due to the absence of an appropriate and applicable defence or exception in the legislation relating to health and safety. This case note calls for the defences in the legislation to be strengthened to enable the rights of disabled students to be properly balanced with the rights of others.

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