This report describes the key elements of the legislative framework affecting people with disability. It covers State, Territory and Commonwealth laws that apply specifically to people with disability, as well as laws of general application which apply differentially to people with disability in important respects.

This report has been provided to the Commission for the purpose of assisting the Commission by providing a descriptive overview of that legislative framework. It is not intended to make any judgments or reach any conclusions about the relevant laws (eg as to whether any changes should be made to them).

Where doing so would assist the reader to understand a particular law, the report sets out some contextual matters: for example, relevant international rights and obligations (including under the Convention on the Rights of Persons with Disabilities), relevant recommendations of the Australian Law Reform Commission, the legislative history, or academic commentary regarding the law’s operation and effect.

However, generally speaking, the report describes the operation of the particular laws on their terms. Any discussion of contextual matters is not intended to be exhaustive.