Disabilities

The following resources are designed to assist sufferers of ME/CFS/FM with the problems that arise when you are discriminated against by persons in your daily life - be they educators, employers, or any other person.

The illness ME/CFS/FM falls squarely within the Disability Discrimination Act as it is most definitely a disability.

I have also included the Occupational Health & Safety Act and contact details.

The Disability Discrimination Act operates on both Federal Level and the Antidisrimination Act 1977 (in NSW).   The State Act differs slightly to the Federal Act across a number of fronts.

Firstly, at a State level, the main test of "Unjustifiable Hardship" flows through most asepcts of the Act.   At a Federal Level this is not the case over most of the Act.

Secondly, the State Act has a damages limitation of about $ 40,000, yet the Federal Act has no limitation.

Third, the State Act requires you to commence action within 6 months of the "Discriminitory Act".   The Federal Act allows you commence an action within 12 months.

Finally the State Act generally does not result in a costs order being levied against an applicant if they lose.   The Federal Act operates in the Federal Court Jurisdiction and a costs order can result against the applicant.

Disability Discrimination Act 1992 (Cth)

Antidiscrimination Act 1977 (NSW)

Occupational Health & Safety is an important, but specific process relevant to ME/CFS/FM people. Be aware that as a person who is particularly sensitive to the environmental conditions around them (which certain people can be with this illness), you may well find yourself affected by the conditions in a way that is detrimental to your health. Such conditions may well be construction, painting, fumes, and the like. If you wish to get change effected, you must contact Occupational Health & Safety in your State (or Federal if it is a Federal institution) and get them to take measures of the environment in order for them to take action on your behalf. Do not rely upon those in control of the site to take action on your complaints. They may well be in breach of the OH&S Act, hence they may not Act if it is likely to lead to prosecution,. Take Action!

Occupational Health & Safety Act 1989 (Cth)