Commonwealth Numbered Regulations - Explanatory Statements

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DISABILITY DISCRIMINATION REGULATIONS 1996 NO. 27

STATUTORY RULES 1996 No. 27

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

DISABILITY DISCRIMINATION ACT 1992

DISABILITY DISCRIMINATION REGULATIONS

Subsection 132(1) of the Disability Discrimination Act 1992 provides that the Governor-General may make regulations prescribing matters required or permitted by this Act to be prescribed.

Section 53 of the Disability Discrimination Act 1992 provides that it is not unlawful for a person to discriminate on the grounds of disability in connection with employment in the Defence Force in, amongst other things, positions involving the performance of combat duties, combat related duties, and peacekeeping services. Subsection 53(2) of the Disability Discrimination Act provides that combat duties and combat related duties are such duties as are declared by the regulations to be so.

Details of these Regulations are as follows:

Regulation 1 - Citation

The regulations are to be cited as the Disability Discrimination Regulations.

Regulation 2 - Interpretation In the Regulations, a reference to "the Act" refers to the Disability Discrimination Act 1992.

Regulation 3 - Combat duties

Combat duties are defined as those duties which require a person to commit an act of violence in time of armed conflict. Such duties are those which are generally understood to be undertaken by combatants directly engaged in armed conflict, whether they be members of the Army, Navy or Air Force. Such duties are to be distinguished from those which are ancillary to combat.

Regulation 4 - Combat-related duties

Combat-related duties are defined as those duties undertaken by a member of the Australian Defence Force which, though not directly involving combat, are done in support of those undertaking combat duties as defined in Regulation 3. Training and duties undertaken in preparation for, or connected with combat are also defined as combat-related duties.

The Regulations commence on gazettal.