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Dignity of Risk should be a disability right

By Peter Gibilisco - posted Tuesday, 29 March 2011


A person may discriminate if the discrimination is necessary to comply with, or is authorised by, a provision of an Act, other than the Equal Opportunity Act.

In other words, other legislation can override laws against discrimination and disregard Dignity of Risk for the disabled.

What are these "rights" which can be over-ridden by other legislation? Is there to be real justice - or the rhetoric of concern? The exemption clause, Section 69 of the Victorian Equal Opportunity Act, appears to place a second class status upon people with disabilities.

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For example, in 2002, I contacted the Equal Opportunities Department about a dispute I was having with the Royal District Nursing Service. This issue was directly related to Occupation Health and Safety laws. But upon contacting the Equal Opportunities Department, I was confronted with Section 69 of the Victorian Equal Opportunities Act.

So, I was making my appeal in terms of Dignity of Risk - while my dignity could be over-ridden by an appeal to Section 69.

The administrators of the Victorian Equal Opportunity Act will be hard-pressed to ensure that the human rights of people with disabilities will be fully respected.

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Thanks to Bruce Wearne for his assistance



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About the Author

Peter Gibilisco was diagnosed with the progressive neurological condition called Friedreich's Ataxia, at age 14. The disability has made his life painful and challenging. He rocks the boat substantially in the formation of needed attributes to succeed in life. For example, he successfully completed a PhD at the University of Melbourne, this was achieved late into the disability's progression. However, he still performs research with the university, as an honorary fellow. Please read about his new book The Politics of Disability.

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