The use of the BSWAT to assess wages of intellectually disabled workers in Australian Disability Enterprises constitutes indirect discrimination under s 6 of the Disability Discrimination Act 1992 (Cth) where the competency component assesses workers against tasks they would never perform, imposes higher standards than those applied to non-disabled workers, and uses question and answer testing that inherently disadvantages intellectually disabled persons. The relevant 'requirement or condition' for the purposes of s 6 is not merely that wages be assessed using a particular tool, but that to secure a higher wage the worker must undergo the specific assessment methodology, including its competency components.
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