[1] Explanatory
Memorandum, p. 3.
[2] 'Unjustifiable hardship' is defined in section 11
of the DDA.
[3] Explanatory
Memorandum, p. 3.
[4] DDA, section 3.
[5] p. 2.
[6] Explanatory
Memorandum, p. 2.
[7] The Hon. Mr Philip Ruddock, Attorney-General, House of Representatives Hansard, 12 August 2004,
p. 32510.
[8] Ibid.
[9] Attorney-General's Department and Department of Education,
Science and Training, Submission 9, p. 2.
[10] Ibid, pp. 2-3.
[11] Senate Employment, Workplace Relations and Education
References Committee, Education of
Students with Disabilities, December 2002, p. 118.
[12] Productivity Commission Inquiry Report No. 30, Review of the Disability Discrimination Act 1992,
30 April 2004 (PC report), Volume 1, p. 377.
[13] See, for example, Royal Blind Society, Submission 1, p. 1; Human Rights and Equal Opportunity Commission, Submission 10; Australian Federation of Disability Organisations, Submission 6.
[14] Australian Federation of Disability
Organisations, Submission 6, p. 2.
[15] See, for example, Family Advocacy, Submission 12, p. 2; Public Interest Advocacy Centre, Submission 8, p. 3;
People with Disability Australia, Submission
13, p. 3.
[16] See, for example, Royal Blind Society, Submission 1, pp. 1-2; Family Advocacy, Submission
12, p. 2; Public Interest Advocacy Centre, Submission 8, p. 3; People with Disability Australia, Submission 13, p. 3.
[17] Subsection 22(4); Explanatory Memorandum, p. 5.
[18] Submission
5, pp. 1-2.
[19] Submission
6, p. 1.
[20] Submission
10, p. 1.
[21] Submission
10, p. 3.
[22] The Hon. Mr Philip Ruddock, Attorney-General, House of Representatives Hansard, 12
August 2004, p. 32510.
[23] PC report, Volume 1, p. 206.
[24] Ibid, p. 211.
[25] Family Advocacy, Submission 12, p. 2; see
also Public Interest Advocacy Centre, Submission
8, p. 3; People with Disability
Australia, Submission 13, p. 3.
[26] Ibid.
[27] Submission
13, p. 3; see also PIAC, Submission 8, p. 4; PC report, Volume 1,
p. 196.
[28] Submission
13, p. 3.
[29] See subsection 31(1A).
[30] PC report, Volume 1, p. 196.
[31] People with Disability Australia, Submission 13, p. 4; Family Advocacy, Submission
12, p. 2; Public Interest Advocacy
Centre, Submission 8, p. 4.
[32] [2003] HCA 62 (11 November 2003).
[33] Submission
13, p. 3; see also PC report, Volume
1, pp. 186-187.
[34] Submission
13, p. 3.
[35] [2004] FCAFC 197 (6 August 2004).
[36] Submission
10, p. 1.
[37] Explanatory
Memorandum, p. 3.
[38] Submission
9, p. 4.
[39] Ibid.
[40] Ibid, pp. 4-5.
[41] Ibid, p. 5.
[42] Ibid.
[43] Ibid, p. 9.
[44] Submission
11, p. 1; and Submission 7, p. 1.
[45] Submission
7, p. 1.
[46] Ibid.
[47] Ibid.
[48] Submission
4, p. 3.
[49] Ibid, p. 1.
[50] Ibid.
[51] Submission
14, p. 1.
[52] See, for example, Royal Blind Society, Submission 1, p. 2; People with Disabilities Australia, Submission 13, p. 5.
[53] Submission
10, p. 1.
[54] Ibid, p. 2.
[55] Submission
15, p. 2.
[56] Submission
6, p. 1.
[57] Submission
5, p. 1.
[58] Submission
2, pp. 1-2.
[59] Submission
2, p. 2.
[60] Submission
2, p. 2; see also PC report, Volume
1, p. 444.
[61] Submission
5, p. 1.
[62] Submission
1, p. 2.
[63] Submission
6, p. 1.
[64] Submission
6, p. 2.
[65] Explanatory
Memorandum, p. 2.
[66] Submission 9,
p. 8.
[67] See, for example, Royal Blind Society, Submission 1, p. 2; ACT Department of Education and Training, Submission 11, p. 1; Department of Education, Tasmania, Submission 7, p. 1;
Centre for Special Education and Disability Studies, University of Newcastle, Submission 15, p. 2.
[68] Submission
6, p. 1.
[69] Submission
13, p. 1.
[70] Ibid.
[71] Submission
8, pp. 6-7; Submission 12, p. 3; see
also Australian Lawyers for Human Rights, Submission
16; PWD, Submission 13, p. 2.
[72] Submission
12, p. 3.
[73] Submission
3, p. 1.
[74] Submission
10, p. 2.
[75] Ibid.
[76] Ibid, p. 3.
[77] See, for example, PIAC, Submission 8, pp. 2-3; Family
Advocacy, Submission 12, p. 2.
[78] Submission
13, p. 2.
[79] Ibid.