Disability and the Equal Opportunity Act
14 November 2014
1981 was International Year of Disabled Persons and the Equal Opportunity Board noted that one of the most significant consequences was the emergence of strong and vocal self-help groups, which shifted the way policies were developed to include more consultation with affected groups.
The Equal Opportunity (Discrimination Against Disabled Persons) Act 1982 (Vic) came into force in 1983 and was administered by the Equal Opportunity Board and Commission. It amended the Equal Opportunity Act 1977 (the Principal Act) by creating a prohibition on discrimination against people with an impairment, and went beyond similar legislation in South Australia and New South Wales by including intellectual impairment along with physical disability. The amendment also specifically included indirect discrimination (for people with a disability), which up to that point had not been covered. (Equal Opportunity Board, Sixth Annual Report, 1983, 9.)
‘Give us a go’

The number of complaints based on disability grew steadily, from 137 in the first full year of the new Act to 165 in 1985. (Commissioner for Equal Opportunity, Eighth Annual Report, 1985, 22).
That year, the Board also had its most successful education and public relations exercise to date with its ‘Give us a go’ campaign for disability. It was particularly successful in making people aware that equal opportunity was not only concerned with discrimination because of sex.
However, there was some controversy over the campaign. One scene depicted a group of intellectually disabled people who were denied service and abused by a shopkeeper, and it generated the most public comment and complaints from individuals and advocacy organisations.
The Board responded: "The script for the scene was devised by the people who participated in it and the terms of ‘abuse’ used in the scene were only utilised because they were suggested to the Board and scriptwriters by the people concerned. The believed that in order for the scene to be presented realistically, the offensive names they were called needed to be used." (Equal Opportunity Board, Eighth Annual Report, 1985, 11.)
Initially the Board continued the advertisement in the belief that it dramatically demonstrated how discrimination operates, but over time felt that support was diminishing because of the negative responses, and eventually withdrew the advertisement.
Still, the campaign was a great success in changing the perception of the Equal Opportunity Board from "policing body" to an "agency which constructively conciliates". On one occasion at a public appearance to promote human rights, people started singing the campaign theme song, "Come on, give us a go". (Equal Opportunity Board, Eighth Annual Report, 1985, 17–8.)
Changing the law just the beginning
In 1986, reflecting on the inclusion of disability under equal opportunity law, Commissioner Fay Marles said it had been conceived as "a means of opportunity and redress for many severely and permanently disabled citizens whose life opportunities have been restricted by institutional care and the lack of self-determination or access."
However, in practice, the Act had been used far more often by relatively able-bodied people used to asserting their rights and who have suffered temporary disadvantage because of work-related injuries. Ms Marles noted that “the far more difficult tasks of integrating those in sheltered workshops, institutional care, or lifelong impairment remain to be done.” (Commissioner for Equal Opportunity, Ninth Annual Report, 1986, 2.)
Under the current Equal Opportunity Act, the attribute of disability has far-reaching coverage. It protects people who have had a disability in the past and those who, because of an existing medical condition or genetic reasons, may have a disability in the future. It also includes behaviour where that is a manifestation of a disability.
Disability is the most frequent grounds of complaint under the Act, and is most common in employment. In 2013/14 the Commission received 686 complaints of disability discrimination, and 340 of those were complaints about workplace discrimination. (Equal Opportunity Commission, Annual Report 2013/14, 2014, 22–3.)
Read more from our current Annual Report.