Disability Discrimination Act Review – Issues Paper

Closes 24 Oct 2025

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Part 1 – Updating understandings of disability and disability discrimination

The following questions relate to the discussion set out in Part 1 of the Issues Paper.

Part 1 considers the following potential areas for reform:

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  • This section considers whether the definition of ‘disability’ in the Disability Discrimination Act should be modernised to ensure it aligns with contemporary views and does not include deficit or negative language.
  • This section explores different approaches to defining the term, including the medical and social models, and seeks views on options to amend the existing definition.

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  • This section explores the concept of intersectionality and the recognition that a person or group of people can be affected by multiple forms of discrimination and disadvantage due to their race, sex, gender identity, sexual orientation, disability, class, religion, age, social origin, and other identity markers. Intersectionality may also refer to a person who has multiple disabilities.
  • This section recognises the importance of intersectionality in any discussions of discrimination and invites views on how the Disability Discrimination Act could be reformed to help address intersectional discrimination.

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  • This section seeks feedback on amending the definition of direct discrimination in the Disability Discrimination Act to ensure that it is easy to understand and apply.
  • This section identifies issues raised by stakeholders about the comparator test and burden of proof under the current definition of direct discrimination and suggests options for how these can be addressed.
  • This section includes information about relevant reviews and inquiries and provides an overview of the different definitions of direct discrimination across Commonwealth, state and territory legislation to inform proposed amendments.

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  • This section seeks feedback on amending the definition of indirect discrimination in the Disability Discrimination Act to ensure that it is easy to understand and apply.
  • This section identifies issues raised by stakeholders about the reasonableness element under the current definition of indirect discrimination and suggests options for how these can be addressed.
  • This section includes information about relevant reviews and inquiries and provides an overview of the different definitions of indirect discrimination across Commonwealth, state and territory legislation to inform the proposed amendments.

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  • This section considers amending the Disability Discrimination Act to expand the objects of the Act to include giving effect to Australia’s obligations under the Convention on the Rights of Persons with Disabilities (Disabilities Convention) as one of the objects of the Disability Discrimination Act.
  • This section also considers amending the interpretation section to provide that the Disability Discrimination Act must be interpreted in a way that is beneficial to people with disability, to the extent that it is possible to do so consistently with human rights law treaties, including the Disabilities Convention.
  • This section provides an overview of the Disabilities Convention and how international treaties are interpreted within Australian law. It includes specific reference to common law, the Acts Interpretation Act 1901 (Cth) and the Convention on the Rights of Persons with Disabilities.
1. How should disability be defined in the Disability Discrimination Act?
2. What factors should be considered in developing a new definition of disability?
3. Would the Disability Discrimination Act be strengthened by expressly allowing claims to be brought for multiple or combined protected attributes?

(Please select one)

4. Could any other changes be made to the Disability Discrimination Act to recognise and provide protection for people with disability who have intersecting identities, or addressing compounding discrimination?

(Please select one)

5. What test should be used to ensure that the definition of direct discrimination is easy to understand and implement for both duty holders and people with disability, and why?

Comparator test: The comparator test requires a person with disability to prove they have been treated less favourably than a person without disability in the same circumstances.

Detriment test: The detriment test requires a person to prove they have been treated unfavourably because of a particular attribute.

(Please select one)

6. How should the burden of proof be addressed in the Disability Discrimination Act?

(Please select one)

7. How should the definition of indirect discrimination be amended to ensure that it is easy to understand and implement?
8. Should the reasonableness element in the definition of indirect discrimination be:

(Please select one)

9. Should the language of ‘does not or would not comply, or is not able or would not be able to comply’ be removed from the definition of indirect discrimination?

(Please select one)

10. Should the Disabilities Convention be included in the objects provision of the Disability Discrimination Act?

(Please select one)

11. Should the Disability Discrimination Act be expressly required to be interpreted in a way that is beneficial to people with disability, in line with human rights treaties?

(Please select one)