Disability Discrimination Act Review – Issues Paper

Overview

We are consulting the public on ways to reform the Disability Discrimination Act 1992 (the Disability Discrimination Act). 

This is part of the Australian Government’s response to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission). The Disability Royal Commission was extensive and far reaching. It made 222 recommendations. This shows how important it is to do more to stop unacceptable treatment of people with disability.

The review considers the 15 recommendations that the Disability Royal Commission put forward about changing the Disability Discrimination Act. This includes consideration of the Disability Royal Commission recommendations to:

• updating the definitions of direct and indirect discrimination
• introducing a positive duty for duty holders to eliminate disability discrimination
• clarifying the duty to make adjustments for people with disability.

The review also seeks feedback on other ways we could change the Disability Discrimination Act to make sure the law is fit-for-purpose.

We have written an Issues Paper [PDF 1.3MB] that talks about each of these areas in more detail.

How to have your say

There are 2 ways that you can give us your views on the Issues Paper:

• You can make a submission responding to the questions in the Issues Paper. You can do this as an individual or on behalf of an organisation. Please use the ‘Make a submission’ link below.
• You can also use the community survey. This survey has a shorter set of questions for people in the community who do not want to respond to the questions in the Issues Paper but would still like to contribute to the review.

Why we are consulting

Putting the recommendations in place will affect a lot of different stakeholders. That includes people with disability and people who have duties under the Disability Discrimination Act, like employers, small businesses, education providers and people who provide goods and services. We are asking for everyone’s views to make sure all voices are heard.

We are not asking if the Disability Discrimination Act should be reformed. Instead, we want your views on the best way to reform it. This will help to reduce discrimination against people with disability and help to make things clearer for people with duties under the Disability Discrimination Act.

What we heard

The Disability Royal Commission was Australia's longest running royal commission. It lasted four and a half years and heard from nearly 10,000 people.

The Disability Royal Commission's final report focused on the human rights of people with disability. It found the Disability Discrimination Act is not fit-for-purpose. It also said the Disability Discrimination Act isn’t meeting its aim to protect people with disability from discrimination. The final report outlined various challenges that people face when using the Disability Discrimination Act, including:

• narrow legal interpretation
• gaps in coverage
• changing understanding of disability.

In 2024, we met with representatives of the disability community to inform the development of the Issues Paper. This included:

• ways the recommendations could be implemented
• other issues with the Disability Discrimination Act
• the best way to consult with the public.

Who we want to hear from

We welcome views from across the community.

The government invites the following groups to share their views on this important area for reform:

• people with disability
• carers, families and kin
• advocates
• service providers
• small businesses
• employers
• unions
• education providers
• academia
• the broader community.

We will use this feedback to help us consider reforms to the Disability Discrimination Act to make sure it is fit-for-purpose.

As part of our consultation, we will be holding in-person and online events. More information is available on the Attorney-General’s Department website.

Consultation documents

• Issues Paper [PDF 1.3MB]
• Issues Paper overview [PDF 133KB]
• Summary Issues Paper [PDF 208KB]
• Summary Issues Paper – Easy Read version [PDF 4.25MB]
• Summary Issues Paper – Auslan version (see below)

How you can take part in the consultation process

Follow the ‘Have Your Say’ link at the bottom of this page to answer the consultation questions. Taking part in this consultation is voluntary. You can do it anonymously and don’t have to give any personal or sensitive information. You can save and come back to the survey at any time and you do not have to answer all the questions.

Our preference is for you to respond to the consultation questions in the Citizen Space platform. This will make sure we can get all the data and that any published responses are accessible. You can also upload a written, audio or video submission if this is more accessible for you.

If you need help, you can call us on (02) 6141 6280 and leave a message. We will call you back and help you.

You can tell us if you don’t want your answers put on our Consultation Hub. Having your answers on the hub makes the process as transparent as possible. If you don’t want us to put your answers on the hub, people might still see or read them through:

• freedom of information requests
• requests from the Parliament.

Please see the Privacy Policy and Collection Notice [DOCX 109KB] for more information.

If you need any adjustments, please contact us at DDAReview@ag.gov.au or (02) 6141 6280.