Person with disability

What is a disability?

A disability is defined as a physical, mental, intellectual, or sensory impairment that affects a person’s ability to perform everyday activities or participate in society on an equal basis with others.

Disabilities can be present now, have happened in the past, or might happen in the future. These impairments, along with challenges in society or the environment, can make it harder for someone to fully take part in everyday life. Each person with a disability may require a different level of support to manage day to day and other activities. 

Types of disabilities can include:

• Cognitive – A cognitive disability can affect your memory, perception, learning abilities or your problem-solving abilities. For example, an acquired brain injury or dementia. 
• Intellectual – An intellectual disability is a lifelong condition that can affect your impact learning, problem-solving ability or comprehension. For example, down syndrome.
• Neurological – A neurological disability is a disorder of the brain or nervous system which lead to impairments in movement, coordination or thinking. For example, epilepsy or multiple sclerosis. 
• Physical – A physical disability is a condition that limits a person’s ability to move, or perform physical tasks. For example, spinal cord injury or cerebral palsy.
• Psychosocial – A psychosocial disability is a mental health condition that affects your emotional or psychological well-being. For example, schizophrenia or depression.
• Sensory – A sensory disability is a condition that affects one or more of the senses, such as sight, hearing or touch. For example, blindness or deafness.  

Evidence of disability

Proof of disability may be required for accessing support services, legal support, financial assistance, or workplace adjustments. Depending on the situation, different types of evidence may be accepted.

Medical evidence

Medical documentation is the most common way to demonstrate disability. This type of evidence typically comes from a qualified health professional, such as:

• general practitioner (GP) report – a letter outlining your condition, how it affects your daily life, and any treatment
• specialist report – if your condition is managed by a specialist (for example a neurologist, psychiatrist, occupational therapist), their report may be required
• medical certificate – a short-term document confirming your condition, often used for temporary disabilities.

Evidence for workplace adjustment request

If you are requesting adjustments at work, the focus should be on how your disability affects your ability to perform your role rather than on a formal diagnosis.

Evidence does not always need to come from a medical practitioner. A letter or statement from a:

• support worker
• psychologist
• occupational therapist
• other allied health professional

may be sufficient. The evidence should describe how the adjustment would support your role, emphasising the functional impact of the disability.

People with disability have the right to request reasonable adjustments in the workplace to support equal participation. These rights are protected under:

• the Disability Discrimination Act 1992 – which makes it unlawful to discriminate against a person on the basis of disability, including in employment
• the Fair Work Act 2009 – which requires employers to provide a safe and inclusive workplace.

Medical evidence should not be required by default, unless the nature of the adjustment or funding process specifically calls for it. Internal workplace adjustments should be assessed based on your needs and the nature of your role.

If you are asked to provide medical evidence and feel this is unreasonable, consider seeking advice from your Human Resources department or obtaining legal advice.

For more information, see Identifying as a person with disability in the workplace on the Australian Human Rights Commission website.

Government-issued documentation

If you don't have medical reports, government-issued documents may also serve as valid evidence. Government-issued documentation could be reports, assessments, permits or other forms of identification that recognise a person’s identity or eligibility to access services. For example:

• Companion card – a card for people with significant and permanent disabilities who need lifelong attendant care support. For more information, see Apply for a Companion Card on the Service NSW website.
• Disability Support Pension (DSP) Approval – if you receive the DSP, Services Australia has already assessed your disability and a letter will be sent to you. For more information see Disability Support Pension on the Services Australia website.
• Mobility Parking Scheme (MPS)- holding a valid MPS permit demonstrates that a government authority has assessed and confirmed your mobility-related disability. 
• National Disability Insurance Scheme (NDIS) plan or approval- If you are an NDIS participant, your plan or approval can serve as proof. For more information, see Plan approval on the NDIS website. 

Other supporting documents

Other types of documents may also help establish for proof of disability, including:

• Centrelink or Services Australia Assessments – Used for accessing payments like the Disability Support Pension or Carer Allowance.
• Workplace or Education Support Plans – If you have received workplace adjustments or education accommodations, these may help establish proof.

Getting documents

To get a copy of any documents, you can:

• visit a GP or specialist – request a written report detailing your condition and its impact.
• apply for government services – programs like the NDIS or DSP require formal disability assessments, which then provide you with official documentation.
• request copies of existing reports – if you’ve undergone medical assessments for other purposes, for example, workplace accommodations and insurance claims, these can be used.

Accessibility

Accessibility refers to making services, environments, and information available to all individuals, including those with disabilities. It involves providing the necessary support or changes to help people with disabilities access services like legal services fairly. 

Some accessibility supports include:

• Physical access – ensuring spaces are wheelchair friendly, have clear pathways, and provide accessible restrooms. 
• Communication supports – providing Auslan interpreters, captioning, hearing loops, and written advice for individuals with hearing impairments.
• Information formats – offering materials in plain language, Easy Read, large print, or digital formats compatible with screen readers.
• Flexible appointments – adjusting appointment lengths and formats (in-person, phone, or video) to meet clients' needs.
• Support persons – allowing clients to bring someone to help them understand and communicate effectively.
• Sensitivity and inclusivity – practitioners should ask clients about their preferred adjustments and avoid assumptions about their abilities.

The purpose of accessibility is to ensure that people with disabilities and carers can fully engage in society and not be discriminated against. Depending on your disability, you may be able to speak to the service provider about making some reasonable adjustments to assist you with dealing with them. This may include:

• advice in writing
• Auslan interpreters
• captioning
• hearing loops
• screen readers
• information in plain language, Easy Read, images/icons
• large print documents
• face-to-face appointment
• physical access
• phone or video appointment
• appointment duration and/or time of day
• materials accessible by screen reader
• shorter appointment/s and/or breaks
• suitable communication
• support person present
• longer appointment
• caseworker support
• accommodating preference for SMS, phone, email, post. 

Assistance from Legal Aid NSW

Legal Aid NSW is committed to ensuring that people with disability and their carers have equal access to justice. Legal Aid NSW provides tailored legal services, resources, and advocacy to support their needs. When contacting Legal Aid NSW you should let us know if you are a person with disability. You should also let us know if we need to make any adjustments that will make it easier to assist you. 

Through its Disability Inclusion Action Plan 2024–2028, Legal Aid NSW is actively working to improve accessibility, remove barriers, and foster a more inclusive legal system. This includes providing legal representation, advice, and education while ensuring that services are delivered in ways that accommodate diverse needs.

Key commitments include:

• Accessible Services – Ensuring legal services are physically, digitally, and communicatively accessible.
• Support for Carers – Recognising the role of carers and providing them with legal support related to their responsibilities.
• Workforce Training – Equipping staff with the skills to engage effectively and sensitively with people with disabilities.
• Advocacy and Systemic Change – Working with stakeholders to improve legal protections and policies for people with disabilities.

For more information, see Disability Inclusion Action Plan 2024-2028. 

Legal Aid NSW staff are trained to effectively engage with people with disabilities and carers through disability awareness and sensitivity courses. Staff are equipped to communicate respectfully, understand diverse needs, and adjust services accordingly.

Specialist services such as the Disability Legal Support Service and the National Disability Insurance Scheme Service have been established to cater to adjustments clients may need. 

Legal Aid NSW also collaborates with disability organisations and community groups to enhance service delivery and ensure that people with disabilities receive the legal help they need. This commitment reflects a broader dedication to equity, human rights, and social inclusion in the legal system.

Assistance from other services

Health services for people with disabilities

NSW Government support

Australian Federal Government support

Carers

A carer is someone who provides support and assistance to another person who may be unable to fully care for themselves due to illness, disability, aging, or other physical or mental health conditions. Carers can be family members, friends, or professionals who offer help with everyday tasks like personal care, mobility, household duties, transportation, and emotional support.

The role of a carer is crucial in ensuring that the person they care for can live as independently and comfortably as possible, though carers themselves may require support as well due to the demands of their responsibilities.

If you are a carer and you require additional support, see Emotional and practical services for carers on the Carer Gateway website.

Health services for carers

Government support for carers