Disability Discrimination Act Review – Issues Paper

Closes 24 Oct 2025

This service needs cookies enabled.

Part 4 – Improving access to justice

The following questions relate to the discussion set out in Part 4 of the Issues Paper.

Part 4 considers the following Disability Royal Commission recommendations:

More Information

  • This section considers including two additional provisions making offensive behaviour and vilification on the grounds of disability unlawful.
  • This section seeks views on the appropriate definitions for harassment and offensive behaviour, how harassment and offensive behaviour in online public spaces can be included in the Disability Discrimination Act and in what circumstances individuals and platforms should carry the burden of proof in relation to a complaint.
  • This section provides high level information about the current definitions of harassment across state and territory legislation because there is no current definition in the Disability Discrimination Act.
  • This section also discusses vilification protections already in place across Australia, and whether further changes to the Disability Discrimination Act are needed.

More Information

  • This section considers changes to ensure all people with disability are protected from unlawful discrimination, regardless of the nature of their engagement with the police.
  • This section seeks feedback on any other potential gaps in the Disability Discrimination Act’s coverage of the justice system that may benefit from review.
27. How could the Disability Discrimination Act be amended to protect people with disability from offensive behaviour and/or harassment?
28. If the Disability Discrimination Act were to prohibit offensive behaviour and/or harassment, how should these terms be defined?
29. Should there be exemptions for any behaviour, similar to the Racial Discrimination Act?

(Please select one)

30. Given the recent legislative developments, are there any further gaps in the legislative framework that could be addressed by amendments to the Disability Discrimination Act to protect people with disability from vilification?

(Please select one)

31. How could the Disability Discrimination Act be amended to ensure that it covers policing?
32. Are there any specific circumstances or situations relating to policing or justice that should be excluded from the application of the Disability Discrimination Act?

(Please select one)