Submission
October 2025 The City of Sydney acknowledges the Gadigal of the Eora Nation as the Traditional Custodians of our local area.
Contents
Image: Woman in a red jumper using an electric wheelchair waiting at the lights in Central Sydney. Photo by Phoebe Pratt.
Executive summary
City of Sydney supports the review of the Disability Discrimination Act 1992 and advocates for the protection and attainment of the full and equal rights of persons with disabilities.
The City of Sydney champions the rights of people with disabilities and seeks to foster a community where their diversity is respected, as embodied in our Inclusion (Disability) Action Plan 2025-29.
Discrimination is a common experience for Australians with disability. In 2018, 1 in 6 (16%) people aged 15–64 with disability said they had experienced disability discrimination in the previous year1. all levels of government and organisations have a role to play in protecting people from disability discrimination, as well as actively preventing discrimination from occurring.
We welcome the opportunity to review the Disability Discrimination Act 1992 (Cth) (the Act) and recommend ensuring a positive duty for organisations at all levels, to take proactive and meaningful action to eliminate and prevent disability discrimination.
Recommendations
Aligned with the Issues paper, we have developed the following recommendations:
- Recommendation 1: Update understanding of disability and disability discrimination, recognise intersectionality and embed the United Nations Convention on the Rights of Persons with Disabilities (Disability Convention)2.
- Recommendation 2: Update the definition of direct discrimination, end the comparator test and shift the burden of proof to the respondent.
- Recommendation 3: Update the definition of indirect discrimination, remove the reasonableness exemption and the inability to comply requirement, redefine adjustments and enforce a duty to comply.
- Recommendation 4: Create a positive duty to eliminate discrimination (providing stronger protections to prevent discrimination before it happens).
- Recommendation 5: Establish a stand-alone duty to provide adjustments, and a new definition of unjustifiable hardship and inherent requirements.
- Recommendation 6: Develop a more accessible and simplified complaints mechanism and provide greater community education to prevent and respond to discrimination.
- Recommendation 7: Protections from offensive behaviour and vilification be incorporated into the Act, and penalties are strengthened and enforceable.
- Recommendation 8: Police officers’ duties be added to the definition of services, and greater disability awareness training is undertaken by police.
1 Australian Institute of Health and Welfare, People with Disability in Australia, Disability discrimination, April 2024
2 United Nations, Department of Economic and Social Affairs: Social Inclusion, Convention on the Rights of Persons with Disabilities (UNCRPD), September 2025
- Recommendation 9: A definition of special measures and temporary exemptions be incorporated into the Act, along with specifying the terms and conditions or circumstances in which they apply.
- Recommendation 10: A nationally consistent approach to regulation of assistance animals that specifies training and accreditation requirements as well as standards of evidence is outlined in the Disability Discrimination Regulations.
- Recommendation 11: The inclusion of minimum requirements and additional guidance for the development of disability action plans.
- Recommendation 12: Compliance with the Disability Standards be mandated and enforced by the regulator (Australian Human Rights Commission) that is given powers to address non-compliance.
- Recommendation 13: That the regulator (Australian Human Rights Commission) be given powers to inquire into systemic unlawful discrimination and apply the following enforcement mechanisms:
- i. Apply to a court for civil penalty orders and injunctions
- ii. Issue compliance notices
- iii. Enter into enforceable undertakings
- Recommendation 14: Strengthening awareness and understanding of changes to the Act through information, education and communications, including guidelines and web pages, that can clarify rights and obligations under the law, and provide accessible training for peak bodies, legal aid groups, and community organisations on the changes.
- Recommendation 15: Include a statutory review period in the Act to mandate its review within 5 years of the amending act’s commencement.
Image: Person who is Deaf speaking Auslan facilitating a table-based workshop for the co-design roundtable for the Inclusion (Disability) Action Plan 2025-29. Photo by Margaret Sevenjhazi.
Background
Disability Discrimination Act 1992
The Disability Discrimination Act 1992 (Cth) (the Act), now over 30 years old, protects people from discrimination, making it unlawful to discriminate against a person, in specific areas of public life, including employment, education, getting or using services, renting or buying a house or unit, and accessing public places, because of their disability3.
The Attorney-General’s Department of Australia is now consulting on the implementation of the 15 recommendations from the Disability Royal Commission with respect to the Act, and other possible amendments to modernise and strengthen the Act.
This review does not question whether the Act should be improved, but rather seeks input on the best way to amend the Act to improve the experiences of people with disability, and people with duties under the Act, alike.
The 15 recommendations of the Disability Royal Commission that are being considered as part of this review relate to definitions and interpretation, duties, protections and other amendments.
The review has developed a Issues paper (Attachment C) seeking feedback on how to make the Act stronger and clearer to ensure it protects people with disability from discrimination.
Disability Royal Commission
The Royal Commission into Violence, abuse, neglect and exploitation of people with disability (Royal Commission) highlighted the significant discrimination faced by people with disability, and shared 15 recommendations to make the Act work better4.
The Royal Commission’s final report focused on the human rights of people with disability. It found the Act is not fit-for-purpose. It also said the Act is not meeting its aim to protect people with disability from discrimination. The final report outlined various challenges that people face when using the Act, including narrow legal interpretation, gaps in coverage and changing understanding of disability5.
City of Sydney submission
The City of Sydney has developed responses to the 7 topics being considered for changes to the Act. The scope of the review and topics for consideration are available in the Act review - overview.
The City of Sydney agrees that in its present state, the Act is ineffective in incentivising employers, schools, service providers and other duty-holders, including government, to actively prevent disability discrimination.
The City of Sydney consulted widely in the development of our new Inclusion (Disability) Action Plan 2025-29 and we have used those findings to inform our recommendations for this review. Our engagement reports detail experiences of people with disability, their families and carers, disability representative organisations and disability service providers in the city, including insights into experiences of disability discrimination.
3 Australian Government, Disability Discrimination Act 1992, October 2024
4 Royal Commission into violence, abuse, neglect and exploitation of people with disability, Final report- Volume 4: Realising the human rights of people with disability, September 2023
5 Australian Government, Attorney-General’s Department, Disability Discrimination Act Review – Issues Paper, September 2025
representative organisations and disability service providers in the city, including insights into experiences of disability discrimination.
Image: Table-based workshops with people with disability, Inclusion (disability) advisory panel member, Inclusive City - Disability Employee Network and stakeholders from disability peaks and disability organisations attending the Co-design roundtable to develop the Inclusion (Disability) Action Plan 2025-29. Photo by Margaret Sevenjhazi.
City of Sydney’s approach towards disability
The City of Sydney sees disability as part of the human experience. About 1 in 5 Australians have a disability, which increases to more than 50% of Australians over the age of 656. Around 80% of disabilities are acquired and 80% of the 5.5 million people with disability in Australia have one or more non-visible disabilities7.
Disability is a natural part of human diversity and must be respected and supported in all its forms8. People with disability have the same, fundamental human rights as everyone else in society, which are protected by the United Nations Convention on the Rights of Persons with Disabilities (Disability Convention).
The City of Sydney recognises the ‘social model of disability’. This model views ‘disability’ that results from the interaction between people with disability and an environment filled with barriers. The social model perspective does not deny the reality of disability, nor its impact on the individual, rather it seeks to change society to be more inclusive9. When these barriers are removed, most people with disability will have equitable opportunities for social and economic inclusion, and greater independence and dignity10.
We recognise that there is an underlying social responsibility to remove barriers from our services and employment opportunities and the infrastructure and public spaces we manage. We also recognise our role in both protecting and promoting the rights of people with disability and in fostering the value of diversity and inclusion across our communities.
Image: Woman with low vision crossing a busy road in Central Sydney with her assistance animal that is a dog. Photo by Chris Southwood.
6 Australian Bureau of Statistics, Disability, Ageing and Carers Australia: Summary of Findings, July 2024
7 Australian Human Rights Commission, Australia’s Disability Strategy, Human Rights and the Convention on the Rights of People with Disabilities, August 2022
8 Disability Advocacy Resource Unit, Introducing the human rights model of disability, Jan 2019
9 People with Disability Australia, Social Model of Disability, Feb 2025
10 Australian Federation of Disability Organisations, Social Model of Disability, September 2025
Disability in the City of Sydney
Sydney is a vibrant, cosmopolitan city, made up of diverse community groups spread across 26.68 sq km. Diverse communities live, work in and visit Sydney. The City of Sydney local area is home to over 211,632 people, with the population predicted to increase to 350,000 by 204011. Over 500,000 people work in the city, and everyday more than 670,000 visit the city to study, shop, or for business, entertainment or tourism purposes12.
In 2021, 5,812 (2.7 per cent) residents reported needing help with day-to-day lives due to disability13. In 2024, 1,014 respondents of our community wellbeing indicators survey identified as a person with disability14.Over 3 in 5 people with disability (63%) reported discrimination in the past year, respondents with disability were more than twice as likely to be unsatisfied with their life and had a personal wellbeing index of (53.8) lower than the City of Sydney average (64.9)15.
However, we know that 5.5 million Australians (1 in 5 of the population) have a disability16, so there are many more residents, workers and visitors living with or impacted by disability. We want to create an inclusive and accessible city for everyone to live, work and enjoy.
As one of Australia’s leading global cities we strive to provide an accessible and socially connected city that embraces diversity. We continue to focus on values of equity and social justice to achieve social sustainability17. Our Inclusion (Disability) Action Plan 2025-29 aims to put people with disability at its heart to create opportunities for everyone to thrive, with the shared vision:
Together we aim to drive social change and equity for people with disability. We will do this by promoting and protecting the inherent rights, dignity and voices of people with disability, and creating a more inclusive, accessible, resilient and diverse city for all.
11 Profile ID, City of Sydney, Community Profile 2021, September 2025
12 City of Sydney, The City at a Glance, September 2025
13 Profile ID, City of Sydney, Community Profile 2021, September 2025
14 City of Sydney, Community Wellbeing Indicators Report, April 2025
15 City of Sydney, Inclusion (Disability) Action Plan 20265-29, September 2025
16 Australian Government Australian Institute of Health and Welfare, People with Disability in Australia, July 2022
17 A city for all: Social Sustainability Policy and Action Plan 2018-2028, September 2025
Discrimination experienced by people with disability
The 2022 Survey of Disability, Ageing and Carers found that 1 in 10 people with disability had experienced discrimination. Common sources of discrimination identified were:
- service and hospitality staff (39%)
- strangers in the street (30%)
- their employer (25%).
Additionally, over a third of people avoided situations because of their disability, and 11% of respondents said they had experienced at least 1 form of abuse or neglect in the previous 12 months18.
It is unacceptable that people with disability are continuing to experience such high rates of discrimination19. More needs to be done to challenge bias, stigma and negative attitudes and assumptions that drive discrimination, as well as promote greater inclusion in workplaces and the community20. We see the recommendations in this submission for the Act as a starting point in legislating change. However, it is evident that a holistic and proactive duty for government, businesses, and organisations is needed to create a movement of change, underpinned by disability rights, and led by people with disability21.
Engagement for the Inclusion (Disability) Action Plan 2025-29
The City of Sydney engaged with over 350 people with disability, their families and carers, disability service providers and disability representative organisation to develop our Inclusion (Disability) Action Plan 2025–29.
From August to October 2024, we engaged with local communities and partners to understand barriers to access and inclusion, as well as what could be improved in our next inclusion (disability) action plan. Their feedback enabled opportunities for co-designing solutions to enhance access and inclusion. Our first stage of community consultation included a survey, focus groups and a co-design roundtable.
From May to June 2025, we invited feedback on the draft Inclusion (Disability) Action Plan 2025–2029. Our second stage of community consultation included an Auslan video, an online survey and written feedback by email and post. Our engagement reports detail the feedback received, including identifying barriers towards inclusion and experiences of discrimination experienced in the City of Sydney local area.
Key insights and feedback from this engagement, along with research has been undertaken to inform City of Sydney recommendations for this review.
18 Australian Bureau of Statistics (ABS) Disability, Ageing and Carers, Australia: Summary of Findings, 2022, September 2025
19 People with Disability Australia, ABS Survey of Disability, Ageing and Carers 2022, September 2025
20 NSW Family and Community Services, Changing Community Attitudes towards Greater Inclusion of People with Disabilities, September 2025
21 Australian Human Rights Commission, Disability Rights, September 2025
Disability discrimination and negative attitudes towards disability
Discrimination and negative attitudes towards disability are still widely experienced. Change is needed to ensure people with disability feel included and welcomed in the community. The survey undertaken for the new Inclusion (Disability) Action Plan 2025–29 found that:
- 84% of respondents experience some form of discrimination, with those with intersectional identities experiencing greater discrimination
- 65% experience disability discrimination and 44% experience ableism
- 32% of respondents with disability do not feel welcome and included in City of Sydney local area, and 33% felt attitudes were negative towards people with disability
- 35% did not believe there were enough opportunities to have a say on issues that are important to them22.
Intersectional experiences of discrimination
Many people with disability experience discrimination across multiple and overlapping grounds. We understand that diverse groups may have unique lived experience and recognise that some groups face more disadvantage and inequality. The interaction between multiple forms of inequality is known as ‘intersectionality’23. Intersectionality recognises the complex way that many forms of discrimination and disadvantage can overlap, which may increase the impact of inequality.
The term ‘double disadvantage’ is often used when considering intersectionality and disability24. It refers to the discrimination someone may experience by being part of 2 or more traditionally marginalised or disadvantaged groups due to ethnicity, gender, socioeconomic position, age or other aspects of identity.
Experiences of discrimination for people with disability with intersectional identities undertaken for the new Inclusion (Disability) Action Plan 2025–29 showed:
- more than a quarter (26%) of people from multicultural backgrounds experienced racism
- people of diverse sexualities and genders were overrepresented among people who reported experiencing disability discrimination (73%), ableism (62%), homophobia (42%) and sexism (39%)
- woman were more than 3 times as likely to experience sexism (27%) and people with 2 or more disabilities were more likely to experience all forms of discrimination
- many people with disability (35%), were also notably carers for a person with disability, a long-term health condition, mental health condition or an older person. Family members (51%) and carers (40%) of people with disability also experienced high levels of disability discrimination and ableism25.
As a result, the City of Sydney recommends that intersectionality be recognised and included within the definitions of the Act, as well as allowing claims to be brought for multiple or combined protected attributes. See recommendation 1.
22 City of Sydney, Community Engagement Report – Stage 1, Inclusion (Disability) Action Plan 2025-29, September 2025
23 International Disability Alliance. Intersectionalities, Feb 2025
24 Media Diversity Australia, Disability reporting handbook, 2021
25 City of Sydney, Community Engagement Report – Stage 1, Inclusion (Disability) Action Plan 2025-29, September 2025
Disability Employment
The employment rate for people with disability has not shifted in the past 20 years. Australians with disability are twice as likely to be unemployed; 8% of people with disability compared to 3% of people without disability26. Moreover, 61% of people aged 15-64 years with disability were employed, compared to 83% without disability27; more people with disability were employed part-time (63%), and 1 in 10 people were underemployed28. Research shows people without disability, earned more than twice the amount of people with a disability; $1,055 compared to $575 in average weekly earnings29.
The survey undertaken for the new Inclusion (Disability) Action Plan 2025–29 found that:
- less than half of survey respondents with disability are in paid employment (37% of people with disability worked full time, 44% worked part-time and 12% were unemployed)
- rates of unemployment are higher for people from multicultural backgrounds (52%), people of diverse sexualities and genders (65%), and those with 2 or more disabilities (69%)
- 71% of family or carers are in paid employment.
Employment discrimination
Nearly half (45%), of employed people with disability experienced disability discrimination from their employer in the previous year30. In 2022–23, 25% of complaints received by the Australian Human Rights Commission (the Commission) were related to employment31.
Discrimination is widely experienced by people with disability in employment, ranging from experiences of exclusion, negative assumptions, lack of understanding or knowledge, and other types of discrimination or harassment32.
The Commission reports people with disability face several barriers in gaining employment, including lack of available jobs, difficulty accessing information about jobs in the recruitment process, trouble accessing skills training and education, and career development opportunities once in a job. They also experience challenges to acquiring flexible work arrangements and workplace optimisation (reasonable adjustments) to support them to meet their job requirements33.
Employment and carers
In 2022, there were 3 million carers in Australia, with many carers unable to work full-time or at all due to their caring responsibilities. Notably, 2 in 5 carers have a disability themselves, and primary carers were less likely to be employed34. Working arrangements that are wanted by carers from employers, included flex time (29%), paid leave (26%) and working from home (20%)35.
26 Australian Government, Australian Institute of Health and Welfare, People with Disability in Australia: Employment, April 2024
27 Australian Disability Network, Disability Statistics: Employment, September 2025
28 Australian Bureau of Statistics (ABS) Disability, Ageing and Carers, Australia: Summary of Findings, 2022, September 2025
29 Australian Bureau of Statistics (ABS) Disability, Ageing and Carers, Australia: Summary of Findings, 2022, September 2025
30 Australian Human Rights Commission, Employment of People with Disability in Australia, September 2025
31 Australian Human Rights Commission, 2022-23 Complaint Statistics, September 2025
32 Diversity Council of Australia, The Disability Data at Work report, August 2024
33 Australian Human Rights Commission, 9 Barriers to Employment: For Australians with Disability, September 2025
34 Australian Bureau of Statistics (ABS) Disability, Ageing and Carers, Australia: Summary of Findings, 2022, September 2025
35 Australian Bureau of Statistics (ABS), Managing Caring Responsibilities and Paid Employment, NSW, Oct 2000
Appreciating the valuable contributions of employees with disability
People with disability and carers have valuable contributions to make to the workforce, bringing a range of diverse perspectives, skills and experience36. Promoting workplace equity, diversity and inclusion is more than a legislative requirement – it is essential to business success37. Government has a leadership role to play in promoting the clear business case for disability employment to conquer stereotypes and misconceptions38.
Other provisions that would enable more disability employment, identified from engagement undertaken for our new Inclusion (Disability) Action Plan 2025–29, included:
- providing part-time employment and job-share arrangements
- ensuring accessibility of the workplace
- providing workplace optimisation (reasonable adjustments)
- supporting pay equity
- promoting inclusive employment practices and culture39.
Challenging ableist and discriminatory attitudes in the workplace, along with promoting inclusive employment, is a key advocacy priority for the City of Sydney40. Changes to create a positive duty to prevent discrimination, as well as recommendations to modernise the Act will help prevent disability discrimination and provide for more meaningful employment of people with disability. See recommendations 4 and 10 to 13.
Access to justice
The Disability Royal Commission recommended the Act be amended to ensure all people with disability are protected from unlawful discrimination when engaging with police, regardless of the nature of that engagement41.
The Issues Paper details the over-representation of people with disability in the justice system. It evidences the Royal Commission findings of the experiences of compounding discrimination experienced by Aboriginal and Torres Strait Islander people with disability42.
The Aboriginal and Torres Strait Islander people with disability focus group for the new Inclusion (Disability) Action Plan 2025–29 reported:
- a lack of respect and negative attitudes towards Aboriginal and Torres Strait Islander people with disability experienced by 100% of participants
- an increased criminalisation of Aboriginal and Torres Strait Islander people with disability
- greater disability awareness, and anti-racism and anti-discrimination training was identified as needed by police.
As a result, we recommend police officers’ duties be added to the definition of services, and greater disability awareness training is undertaken by police. See recommendation 8.
36 Australian Human Rights Commission, IncludeAbility Factsheet: The economic benefits of employing people with disability, September 2025
37 Accenture with Disability, Getting to Equal: The Disability Inclusion Advantage, September 2025
38 City of Sydney, Inclusion (Disability) Action Plan 2025-29, September 2025
39 City of Sydney, Community Engagement Report – Stage 1, Inclusion (Disability) Action Plan 2025-29, September 2025
40 City of Sydney, Inclusion (Disability) Action Plan 2025-29, September 2025
41 Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, Final Report – Volume 8, Criminal Justice and People with Disability, September 2025
42 Australian Government, Attorney-General’s Department, Disability Discrimination Act Review – Issues Paper, September 2025
Image: Aboriginal and Torres Strait Islander people with disability focus group participants. Photo by Margaret Sevenjhazi.
Access to goods, services and facilities
In 2022-23, 38% of complaints received by the Commission were related to goods, services and facilities, and 11% regarding the Disability Standards43.
Engagement highlighted that physical accessibility remains important – ensuring all facilities, parks and public spaces are accessible, the principle of universal design is embedded in planning, and the Access to Premises (Buildings) Standards44 should be adhered to, to meet the diverse needs of people with disability45.
Ensuring accessibility of goods, services and facilities is paramount to inclusion46. To provide for access to goods, services and facilities, we recommend that the Act establish a positive duty to eliminate discrimination, a new definition of unjustifiable hardship and enforced compliance with the Disability Standards. See recommendations 4, 5 and 12.
Awareness and understanding of disability rights
We heard through our Roundtable feedback from participants the importance of capacity-building for disability-led advocacy and change. We were told that participants with disability want to be “in the room when decisions are made” and that we should “make sure there is a strong voice of
43 Australian Human Rights Commission, 2022-23 Complaint Statistics, September 2025
44 Australian Human Rights Commission, Guidelines on the application of the Premise Standards, September 2025
45 City of Sydney, Community Engagement Report – Stage 1, Inclusion (Disability) Action Plan 2025-29, September 2025
46 Australian Human Rights Commission, Access for all: Improving accessibility for consumers with disability, September 2025
people with disability so they can have their say”47. Through building capacity and empowering people with disability to understand their rights, as well as providing accessible complaints and advocacy processes – people with disability can help lead change.
We recommend that awareness and understanding of changes to the Act is provided through information, education and communications that clarify rights and obligations under the law. See recommendation 14.
Image: Woman in a beige top smiling for the camera for the campaign for International Day of People with Disability 2024. Photo by Chris Southwood.
47 City of Sydney, Community Engagement Report – Stage 1, Inclusion (Disability) Action Plan 2025-29, September 2025
Responses to Issues paper
Part 1: Update understandings of disability and disability discrimination
Recommendation 1: Update understandings of disability and disability discrimination, recognise intersectionality and embed the United Nations Convention on the Rights of Persons with Disabilities (Disability Convention).
We recommend:
b) better alignment with United Nations Convention on the Rights of Persons with Disabilities (Disability Convention) and the social model of disability: recognising that disability results from the interaction between persons with disability and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others. Reflect the human rights model of disability and the Disability Convention, in that people with disability should have the same fundamental human rights as everyone else. c) ensuring the Disability Convention is referenced in the objects and interpretation clauses of the Act to ensure all parts of the Act are in line with international human rights obligations. d) being inclusive of diverse disabilities, including; people who have physical, intellectual, sensory, neurological, learning disabilities, people who are neurodivergent, people with mental health conditions or psychosocial disability, people who have long-term or chronic health conditions, illness, or injury, and people who experience short-term or episodic disability. e) ensure it includes disabilities in the past, present, future and imputed disability. f) recognising intersectionality and the multiple experiences of discrimination for people with intersectional identities as reflected in the Disability Convention. g) Strengthen the Act by allowing claims to be brought for multiple or combined protected attributes, including people with disability with intersecting identities, such as age, race, sex, gender and sexuality. h) having simple, respectful, person-centred and inclusive language reflecting the social model and human rights models of disability.
Recommendation 2: Update the definition of direct discrimination, end the comparator test and shift the burden of proof to the respondent.
Establishing direct discrimination under section 5 (1) of the Act requires 2 steps:
- a comparison of the way a person with disability and a person without disability in similar circumstances were or would be treated (the comparator test), and
- an inquiry into why the different treatment occurred due to disability (causation).
We recommend:
a) simplifying the definition of direct discrimination to end the comparator test, as this unfairly places the burden of proof on a person with disability to prove how a person with disability has been treated less favourably that a person without disability. The test creates a barrier for people with disability, and it should be enough that a person with disability can show how they have been treated unfavourably or unfairly through the detriment test. b) the onus should be placed on the respondent (the alleged discriminator) to prove on the balance of probabilities that the reason for the treatment of the person with disability was not disability.
[Disability Royal Commission: Rec 4.23] 48
Recommendation 3: Update the definition of indirect discrimination, remove the reasonableness exemption and the inability to comply requirement, redefine adjustments and enforce a duty to comply.
The current definition of indirect discrimination in the Act has 4 elements:
- a requirement to comply with a condition, requirement or practice
- the condition, requirement or practice disadvantages people with disability
- the person does not or would not comply, or is not able or would not be able to comply, because of their disability
- the condition, requirement or practice is not indirect discrimination if it is a reasonable requirement, condition or practice (reasonableness element).
Section 6 (2) of the Act provides that indirect discrimination occurs when a person fails to make ‘reasonable adjustments’ that would enable a person with disability to comply with the condition or requirement.
We recommend:
a) removal of the reasonableness exemption, so that the respondent (or duty holder) can only rely on the defence of unjustifiable hardship b) removal of the term reasonable adjustments, and refer only to ‘adjustments’ c) duty to undertake adjustments are enforceable by law, making it unlawful for a person to fail or refuse to make adjustment unless it would impose an unjustifiable hardship d) removal of the inability to comply requirement that a person with disability ‘does not or would not, or is not able or would not be able to’ comply requirement to satisfy the test for indirect discrimination.
[Disability Royal Commission: Rec 4.24] 49
Part 2: Positive duty to eliminate discrimination
Recommendation 4: Create a positive duty to eliminate discrimination (providing stronger protections to prevent discrimination before it happens).
Shifting from a reactive complaints-based model, to proactively providing for access and inclusion is needed with the imposition of a positive duty to help remove systemic barriers for people with disability. According to AHRC, creating a positive duty would promote substantive equality and prevent discrimination 50.
We recommend:
a) positive duty be placed on all duty holders to prevent discrimination and actively promote inclusion. b) under the positive duty, duty holders would be compelled to take reasonable and proportionate measures, as far as possible, to eliminate all forms of discrimination on the grounds of disability, including harassment and victimisation. c) positive duty should be enforceable through empowering AHRC to conduct reviews to identify breaches of duty, issue compliance notices and enter into enforceable undertakings – (as applied through the Sex Discrimination Act 2022 51).
48 Disability Royal Commission, ‘Realising the human rights of people with disability’, Final Report, 2023, Volume 4. 49 Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, Realising the human rights of people with disability - Final Report Volume 4 50 Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, Realising the human rights of people with disability - Final Report Volume 4 51 Australian Human Rights Commission, The positive duty in the Sex Discrimination Act, September 2025
[Disability Royal Commission: Rec 4.27 and 4.28]
Part 3 - Encouraging greater inclusion of people with disability in employment, education and other areas of public life
The Act requires duty holders to provide a person with disability with any reasonable adjustments required to support their participation. An adjustment is not reasonable if it would impose unjustifiable hardship on the duty holder 52.
Recommendation 5: Establish a stand-alone duty to provide adjustments, and a new definition of unjustifiable hardship and inherent requirements.
Recommendation 6: Develop a more accessible and simplified complaints mechanism and provide greater community education to prevent and respond to discrimination.
We recommend:
a) a ‘stand-alone duty to provide adjustments’ to make it unlawful for a duty holder to fail or refuse to make an adjustment, unless making the adjustment would impose unjustifiable hardship. b) a new definition of unjustifiable hardship, ensuring the following pre-conditions are met: i. consultation with the person with disability. ii. alternative options undertaken aimed to remove or reduce hardship. iii. duty holders document factors they have considered and give reasons for claiming unjustifiable hardship. c) ‘inherent requirements’ definition is updated to reduce systemic barriers to employment, by ensuring that employers: i. consider the nature and extent of any adjustments to be made ii. consult with the person with disability about adjustments they need to do a job iii. proactively think about ways they could support people with disability to take part d) a more accessible and simplified complaint mechanisms be established e) work be undertaken by Australian Government to educate and empower the community to prevent, identify, report and respond to discrimination.
[Disability Royal Commission: Rec 4.25, 4.26, 4.32, 7.26] 53
Part 4: Improving access to justice
The Act prohibits harassment in specific areas of public life. However, there is no general prohibition on offensive behaviour or vilification.
Recommendation 7: Protections from offensive behaviour and vilification be incorporated into the Act, and penalties are strengthened and enforceable.
Recommendation 8: Police officers’ duties be added to the definition of services, and greater disability awareness training is undertaken by police.
52 Australian Government, Attorney-General’s Department, Disability Discrimination Act 1992 Review, Issues Paper, September 2025 53 Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, Realising the human rights of people with disability - Final Report Volume 4, September 2025
We recommend:
a) offensive behaviour be deemed unlawful for a person to do an act, in public, that is reasonably likely to offend, insult, humiliate or intimidate a person or group of people, where the act is done on the basis of a person’s disability. b) new provisions on vilification to make it unlawful to vilify a person or group of people with disability on the ground of their disability or perceived disability. c) penalties for offensive behaviour and vilification are strengthened and enforceable. d) the prohibition against discrimination in service delivery be updated to expand the definition of ‘services’ to include services provided by police officers in the course of performing policing duties and powers. e) application to policing to create greater disability awareness and training to better support and engage people with disability.
[Disability Royal Commission: Rec 4.29, 4.30] 54
Part 5: Exemptions
The Act includes 10 permanent exemptions which set out when discrimination against people with disability is not unlawful. The AHRC can also grant temporary exemptions.
The Act exemptions should clearly and precisely frame how they limit the rights of people with disability.
Recommendation 9: A definition of special measures and temporary exemptions be incorporated into the Act, along with specifying the terms and conditions or circumstances in which they apply.
Part 6: Modernising the Disability Discrimination Act
Assistance animals
Recommendation 10: A nationally consistent approach to regulation of assistance animals that specifies training and accreditation requirements as well as standards of evidence outlined in the Disability Discrimination Regulations.
We recommend:
a) assistance animals have: i. mandatory and accredited training, with guidance provided on training requirements. ii. certification and evidence to prove an animal is an assistance animal is prescribed in the regulations.
We recommend this is progressed through a quarterly meeting of relevant ministers to develop and progress an action plan to deliver this nationally consistent approach to the regulation of assistance animals.
Disability action plans
Duty holders may voluntarily prepare and implement an action plan under the Act. We have been made aware that there may be limitations to the effectiveness of action plans as there is no requirement for them to be updated over time or minimum standards for what they should include.
54 Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, Realising the human rights of people with disability - Final Report Volume 4, September 2025
Recommendation 11: The inclusion of minimum requirements and additional guidance for the development of disability action plans.
We recommend:
a) disability action plans: i. mandate engagement with people with disability to develop, monitor and evaluate action plans. ii. minimum requirements for action plans (for example through guidelines) are set and action plans that do not meet the minimum requirements are not accepted. iii. AHRC may provide advice on the development and implementation of action plans. iv. the outcomes of action plans are reported when submitting a subsequent action plan.
Disability Standards
Disability Standards are legally binding legislative instruments that are made under the Act and supplement and support the Act by providing more detail on rights and responsibilities 55. It is unlawful for a person to breach a Disability Standard. There are currently 3 Disability Standards:
- Disability Standards for Accessible Public Transport 2002 (Cth) (Transport Standards)
- Disability Standards for Education 2005 (Cth) (Education Standards)
- Disability (Access to Premises — Buildings) Standards 2010 (Cth) (Premises Standards)
Note: The content of the Disability Standards is not within scope of this review.
Recommendation 12: Compliance with the Disability Standards be mandated and enforced by a regulator (AHRC) that is given powers to address non-compliance.
Recommendation 13: The regulator (AHRC) be given powers to inquire into systemic unlawful discrimination and apply the following enforcement mechanisms:
- apply to a court for civil penalty orders and injunctions
- issue compliance notices
- enter into enforceable undertakings.
Part 7: Further options for reform
Recommendation 14: Strengthening awareness and understanding of changes to the Act through information, education and communications, including guidelines and web pages, that can clarify rights and obligations under the law, and provide accessible training for peak bodies, legal aid groups, and community organisations on the changes.
Recommendation 15: Include a statutory review period in the Act to mandate its review within 5 years of the amending act’s commencement.
55 Australian Human Rights Commission, Disability Standards, September 2025