What effect do standards under the DDA have on State and Territory discrimination laws?
This depends on the terms of the particular Standard concerned and on what intention Federal authorities show in making it, and also on what actions States and Territories might take to take account of federal dsabilty standards in their own discrimination laws. Under section 109 of the Australian Constitution, Federal laws displace the operation of State laws to the extent of any inconsistency between the two. Inconsistency can arise either directly – where the two laws would lead to different results – or through the Federal law being found to be intended to “cover the field” and not leave any room for State laws to operate. A standard which leaves some issues covered by residual operation of the general anti-discrimination provisions of the DDA is likely to be found to leave those same issues as covered by the equivalent general provisions of State and Territory laws. But on those issues where the standard displaces the operation of the general provisions of the DDA it would also be
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