Thank you for allowing me to make a submission to Disability Discrimination Act review as private individual.
Will the definition of disability be changed towards the social/economic model to “the social and economic barriers that obstruct persons with bodily, mind, and behavioral differences and impairments from functioning in society and the economy”?
Will the government return to consolidating the Age, Race, Sex, and Disability discrimination legislation into one act of legislation?
Will the disability discrimination act and age discrimination act include a positive duty on duty holders to reduce discrimination in line with sex discrimination act but would deal with a broader range of duty holders beyond the workplace? The duty holders should be in government departments and agencies, education, employment, provision of goods and services, transport, telecommunication services, built environment, residential accommodation, clubs, and associations. Will the positive duty require organisations to provide for an office bearer or a department to accessibility and adjustments to enable people with disabilities to be members of that organisation?
Yes, the act would be strengthened when allowing intersectional and multiple claims.
Will direct disability discrimination be aligned to the Fair Work Act as that is the model already in use?
Will indirect discrimination be changed to proportionate and legitimate requirement to reduce exemptions to disability discrimination act?
Will the disability discrimination act require that residential accommodation be built/modified in accordance with livable housing design standard and livable housing design voluntary standard?
Yes, the objects of disability convention should be inserted into disability discrimination act and that the act should be interpreted favourably to people with disabilities human rights.
Will the disability discrimination act require the Federal Court upon finding in favour of the plaintiff to provide in addition to financial damage but also to order proportionate adjustments be made and if not that the court imposes contempt of court?
Will the disability discrimination act replace reasonable adjustments with adjustments to make it easier to understand?
Will the scope of the disability discrimination act be broadened to include private life where the above public activities are conducted in a private home setting?
Will the disability discrimination act amend unjustifiable hardship and inherent requirements to require consultation with affected party, providing alternatives, and keeping records? The provision of alternatives is for the purpose of broadening decision making beyond a yes or no in providing adjustments.
Will the disability discrimination act protect the privacy of people with disabilities who disclose disability and adjustment requirements? Will the positive duty provide requirement to handle information sensitively on need-to-know basis?
Yes, there should be a prohibition on suspension and expulsion from education institutions based on disability. However, the prohibition on suspension and expulsion should not interfere with a special program that is agreed upon by the student with disabilities.
The anti-vilification provisions should be similar with racial discrimination act as well as adding the term “vilify” to anti-harassment provisions.
Will the government adopt changes to the disability discrimination act in line with Royal Commission recommendations?
If extending definition of goods and services to police, why not extend it to healthcare services?
Will the government remove disability discrimination act exemptions in relations to insurance for the purposes of enabling people with disabilities to obtain a greater range of insurance policies without restriction?
Will the disability discrimination act limit exemptions to the migration act to only relate to limiting access to visas which is remedied by allowing non-citizens access to visas where the applicant agrees or demonstrate ability to cover costs of disability and healthcare above the capped maximum?
Will the government prescribe more accredited assistant animal training organisations in the regulations?
Will the government create administrative guidelines in which the guidelines are then codified in regulations?
Yes, the Australian Human Rights Commission should provide guidelines on disability action plans and reject plans that do not meet those guidelines. In New South Wales, disability plans go for 4 years. Will there be reporting on meeting disability standards when lodging and updating disability plans?
Given that New South Wales and Western Australia refuse to adopt livable housing design standard into their building services legislation and regulation, how would the positive duty be implemented in relations to the access to built environment standard in the future if it is based on the national construction code amendments whereby one or more state and territory governments refuse to adopt national construction code amendments specifically relating to disability access? Will the Commonwealth refer to disability convention to insert adoption of all disability access requirements in national construction code into disability discrimination act?
Again, thank you for allowing me to make a submission.