Disability Discrimination Act Review – Issues Paper

Closes 24 Oct 2025

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Part 2 – Positive duty to eliminate discrimination

The following questions relate to the discussion set out in Part 2 of the Issues Paper.

Part 2 considers the following Disability Royal Commission recommendations:

More Information

  • This section considers the introduction of a positive duty on all duty holders under the Disability Discrimination Act. This would require duty holders, such as employers and education providers, to take proactive steps to prevent and address discrimination on the basis of a person’s disability. This section also discusses the scope of the duty and how it would apply in practice to different duty holders.
  • This section provides an overview of Commonwealth, state, territory, and international legislation that contain positive duty provisions. It also identifies reviews and inquiries conducted into anti-discrimination legislation that have led to the wider implementation of a positive duty.
12. If there was a positive duty in the Disability Discrimination Act, who should it apply to?
13. Are there lessons from the operation of the positive duty in the Sex Discrimination Act that could be incorporated into a positive duty in the Disability Discrimination Act?
14. What costs and other impacts would duty holders experience in meeting a positive duty under the Disability Discrimination Act?
15. Should there be exceptions or limits to the application of a positive duty?

(Please select one)