Legal recognition

Mental illness has been legally recognised as a disability in Australia since the 1992 Disability Discrimination Act (DDA), a landmark piece of legislation that serves as the foundation for disability rights and protections in this country. The DDA defines disability as physical and mental health conditions which means that individuals living with mental health conditions are legally recognised as having a disability and are entitled to the same rights and protections as people with physical disabilities.

Under the DDA, it is unlawful to discriminate against a person on the grounds of their disability, whether it is a physical or mental health condition. This protection extends to various aspects of life, including employment, education, access to goods and services, and participation in public life. Employers, educational institutions, and service providers are required to make reasonable accommodations to ensure that people with disability – including mental health conditions – have the same opportunities and access as everyone else.


Support services and the NDIS

The National Disability Insurance Scheme (NDIS) is a government program designed to provide support and services to people with disability, including those with mental health conditions. The NDIS aims to enhance quality of life and participation in the community for people with disability through services and support such as mental health care, therapy, and assistance with daily living.


Employment and workplace accommodations

People with disability are entitled to workplace accommodations under the DDA. Employers are obligated to make adjustments that help employees with mental illnesses perform their jobs effectively and fully participate in the workplace. These accommodations can include flexible work arrangements, modified responsibilities, or additional support.

The Australian Human Rights Commission also provides guidance on the responsibilities and rights of both employers and employees concerning mental health in the workplace. This guidance emphasises the importance of creating an inclusive and supportive work environment for people with mental health conditions.


Promoting mental health awareness

Recognising mental illness as a disability in Australia is also a critical step in fostering a more compassionate and inclusive society. It contributes to reducing the stigma surrounding mental health and promotes a greater understanding of the challenges faced by people managing mental health conditions.

Australia acknowledges that mental health is a significant public health issue, and various initiatives and support services are available to address and promote your mental health and wellbeing. The recognition of mental illness as a disability is a reflection of the country’s commitment to providing equal opportunities and support for all citizens, regardless of mental health status.

This is the cornerstone of a more inclusive and supportive society that aims to ensure that individuals with mental health conditions have access to the resources and accommodations they need to thrive.

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