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Mr Gama suffered from a number of workplace injuries, as well as depression.At first instance, Raphael FM accepted that a derogatory comment in the workplace that Mr Gama climbed the stairs ‘like a monkey’ constituted discrimination on the basis of race as well as disability.Thus, matters that are not of international concern or the subject of a treaty in March 1993 may well become matters of international concern or the subject of a treaty at a later date.

On appeal, the Full Federal Court upheld the findings of race discrimination, but overturned the findings of disability discrimination.In the present case the dealings between Mr Court and his employer Mr Hamlyn-Harris were matters internal to the latter’s business.They were not in the course of trade or commerce, or in relation thereto | contents The DDA is intended to ‘apply throughout Australia and in this regard relies on all available and appropriate heads of Commonwealth constitutional power’. limited application provisions means the provisions of Divisions 1, 2 and 3 of Part 2 other than sections 20, 29 and 30.(2) Subject to this section, this Act applies throughout Australia. (8) The limited application provisions have effect in relation to discrimination against a person with a disability to the extent that the provisions: (a) give effect to [ILO 111]; or (b) give effect to the [ICCPR]; or (c) give effect to the [ICESCR]; or (d) relate to matters external to Australia; or (e) relate to matters of international concern. In that case, the applicant, a person with reduced mobility, complained that he was not able to access the respondent’s premises because those premises could only be accessed by stairs.The equalisation of opportunities for the disabled is the very antithesis of a regime which condones discrimination on the ground of one’s disability.