What is the effect of the overlap between Commonwealth and State and Territory anti-discrimination legislation?
When the DDA was introduced most States and Territories already had equal opportunity legislation in place which included disability discrimination or were well advanced in developing such legislation. National legislation was however seen as needed to ensure consistent protection of human rights across Australia in this area; to cover matters which there are legal difficulties in the States regulating (including actions by the Commonwealth itself) and to provide for consistent national approaches to issues where efficiency and effectiveness require this from a business perspective (as applies for example in transport, insurance, banking, and other industries which operate on a national rather than state bound basis). These reasons for continued coverage of disability discrimination by national legislation remain valid. The importance of national coverage has been demonstrated by development of national strategies for improved access and equity in several areas under the DDA including
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