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On the edge of justice: the legal needs of people with a mental illness  ( 2006 )  Cite this report

Ch 3. Legal issues

Disability discrimination



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Other areas of discrimination


Reported in both the literature and by service providers consulted for this study, people with a mental illness also face discrimination in the area of insurance, whereby they are refused access to various types of insurance including travel, income and mortgage protection insurance, on the basis of a past or existing psychiatric disability.50

    A woman with a psychiatric disability complained that she had been refused death or disablement cover because of her disability which she had disclosed to the insurer.51

A solicitor from People with Disability Australia (PWD) reported that despite work being done in this area by SANE, beyondblue and the Insurance Council of Australia, insurance companies are still able to deny people with a mental illness access to insurance, because they are thought to have a higher risk of harming themselves.52

Examples of discrimination in the areas of education and housing were also provided by HREOC:

    The parents of a boy with a psychiatric condition complained that he had been discriminated against when he was refused admission to a secondary college after the principal formed the view that he was unsuitable for mainstream schooling.53

    The complainant leased residential premises from the respondent department. In 2003 the respondent commenced proceedings to evict the complainant alleging that he had failed to keep the premises reasonably clean in accordance with the tenancy agreement. The complainant claimed that it was unreasonably difficult to comply with the terms of the tenancy agreement because of his disability, obsessive compulsive disorder, which causes him to hoard. He claimed that the respondent sought to evict him for the storing of goods in his home. He also claimed that the respondent treated him less favourably than other tenants because of his disability by inspecting and accessing his premises more times than other tenants.54


Roundtable consultations, 3 and 16 June 2004. Consultations with conciliator, HREOC, August 2004, policy officer, HREOC, June 2004, solicitor, PWD, August 2004. See also beyondblue, Discrimination in InsuranceImplications for General Practice, 2003, <http://www.beyondblue.org.au/index.aspx?link_id=4.62> (accessed February 2005), HREOC, Draft Revision: Guidelines for Providers of Insurance and Superannuation, 2004, <http://www.humanrights.gov.au/disability%5Frights/standards/Insurance/draft_rev.htm> (accessed December 2005), HREOC, Human Rights and Mental Illness, p. 449.
Case study provided by HREOC.
Consultation with solicitor, People with Disability Australia (PWD), August 2004.
Consultation with conciliator, HREOC, August 2004.
Case study provided by HREOC. See also HREOC, Human Rights and Mental Illness, p. 347.

50  Roundtable consultations, 3 and 16 June 2004. Consultations with conciliator, HREOC, August 2004, policy officer, HREOC, June 2004, solicitor, PWD, August 2004. See also beyondblue, Discrimination in InsuranceImplications for General Practice, 2003, <http://www.beyondblue.org.au/index.aspx?link_id=4.62> (accessed February 2005), HREOC, Draft Revision: Guidelines for Providers of Insurance and Superannuation, 2004, <http://www.humanrights.gov.au/disability%5Frights/standards/Insurance/draft_rev.htm> (accessed December 2005), HREOC, Human Rights and Mental Illness, p. 449.
51  Case study provided by HREOC.
52  Consultation with solicitor, People with Disability Australia (PWD), August 2004.
53  Consultation with conciliator, HREOC, August 2004.
54  Case study provided by HREOC. See also HREOC, Human Rights and Mental Illness, p. 347.


CLOSE
Karras, M, McCarron, E, Gray, A & Ardasinski, S 2006, On the edge of justice: the legal needs of people with a mental illness in NSW, Law and Justice Foundation of NSW, Sydney