What is the likelihood and severity of a complaint under the CW Disability Discrimination Act 1992 and OH&S Act?
With respect to the relative weight of the DDA’92 and OH&S Acts and standards, the DDA’92 has more gravitas as a commonwealth Act. The Act relies on person/s to make a claim of discrimination with unresolved complaints potentially escalating to the Federal court.
The likelihood of a complaint of discrimination is relatively high. Figures from Queensland suggest that of all complaints there are more formal complaints of disability discrimination than sex discrimination. In South Australia a discrimination complainants cases may be funded and resourced by the state government which reduces the financial pressures on a complainant to agree to a mediated settlement.
OH&S misdemeanours are prosecuted by well financed authorities who may into the future prefer to defer the costs of a workplace injury claim onto the designer of a workplace should the design be found to have contributed to the injury.
