redacted redacted www.speechpathologyaustralia.org.au
The Hon Michelle Rowland, MP
Attorney General of Australia
Uploaded via Citizen Space
28 October 2025
Dear The Honourable Michelle Rowland
Speech Pathology Australia thanks the Attorney General’s office for the opportunity to make a submission to the review of the Disability Discrimination Act (1992) (the Act).
Speech Pathology Australia is the national peak body for speech pathologists in Australia, representing more than 16,000 members. Speech pathologists are university trained allied health professionals with expertise in the diagnosis, assessment, and treatment of communication and swallowing difficulties that often affect people with disability.
We provide recommendations in the following areas:
- Expansion of the definition of disability (Questions 1 & 2)
- Consideration of ‘reasonable’ adjustments (Questions 16, 17, 18)
- Communication of the changes to the Act and implementation of the Act be accessible for people with disability (Question 58)
Definition of Disability in the Act
Recommendation
Expand the definition of disability to include reference to communication disability.
The current definition of disability in the Act does not mention communication, despite the prevalence of communication difficulties and the impact that they have. The definition of disability must be modernised, including specifying that a disability may impact upon a person’s communication. This would ensure that the Act would more clearly apply to people who have a communication disability or have a disability that affects their communication.
The Australian Bureau of Statistics 2015 Survey of Disability, Ageing and Carers estimated that 1.2 million Australians had some level of communication disability, ranging from those who communicate effectively using a communication aid, to those who cannot understand or be understood at all.1 The prevalence and complexity of these disorders increase with age as both communication and swallowing functions are vulnerable to the natural ageing process. Additionally, many disabilities (such as cerebral palsy, intellectual disability, acquired brain injury or hearing loss) may impact upon a person’s ability to communicate.
1 Australian Bureau of Statistics (2017) Australians living with communication disability, http://www.abs.gov.au/ausstats/abs@.nsf/Latestproducts/4430.0Main per cent20Features872015?opendocument&tabname=Summary&prodno=4430.0&issue=2015&num=&view
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There is strong evidence that communication disability can negatively affect an individual’s academic participation and achievement2, employment opportunities, and social participation3. A report by the Australian Institute of Health and Welfare identified that 30% of people with disability who had challenges with mobility or communication had difficulty accessing buildings or facilities4.
Consideration of reasonable adjustments
Recommendation
Reconsider the term ‘reasonable’ in the context of the duty to provide adjustments under the Act.
We agree with the notion raised in the Issues Paper that the use of both ‘reasonable’ and ‘unjustifiable hardship’ within the Act seemingly has led to duty holders providing limited adjustments, or no adjustments at all. Lack of adjustments and restrictions on inclusion were highlighted by the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission) as being a particular concern in education, and health settings5.
Individual principals are often responsible for determining which adjustments and supports can be provided within a school, meaning that their views and attitudes as to which adjustments are ‘reasonable’ have a significant impact. Blanket policies may be developed that unfairly disadvantage children with communication disability. For example, a ban on all smart devices during school hours may mean that children who use augmentative and alternative forms of communication (AAC) are unable to use their communication device. Whilst an exemption to allow the use of a device for communication might be considered ‘reasonable’ by one principal, it might not by another.
If there was a stronger duty to provide adjustments, this may positively influence duty holders to ensure that these supports are provided.
Recommendation
There should be a positive duty to provide reasonable adjustments to ensure services and complaints pathways are communication accessible.
Some people with communication disability rely on informal communication such as body language, facial expression and gestures to communicate their wants, needs, thoughts and feelings. People with and without intellectual disability, who use behaviour as a form of communication may be restricted in their ability to access critical services, such as episodes of healthcare6, or report when they are victims of crime7. Children who demonstrate behaviours of concern may be frequently expelled from education settings8. Informed consent is an integral part of quality health care, however, people with communication disability are often not provided with the opportunity or the necessary supports to be involved in this consent process9. Reasonable adjustments should be made to ensure communication accessibility, particularly to government services and the education, health and justice sectors may help remove the discriminatory barriers faced by individuals with a communication disability.
There is also evidence that people with diagnoses associated with communication difficulties (such as Autism, hearing loss and speech impairment) are more likely to experience implementation of restrictive practices1011. Of critical concern, people with communication disability face significant barriers to being able to report discrimination or mistreatment, because they are not provided with the opportunity or the means to do so in a way that ‘fits’ with their communication abilities.
A positive duty to provide adjustments to allow for different forms of communication in complaints processes may assist to ensure the rights of people with communication disability are upheld.
2 McLeod, S., Harrison, L. J., & Wang, C. (2019). A longitudinal population study of literacy and numeracy outcomes for children identified with speech, language, and communication needs in early childhood. Early Childhood Research Quarterly, 47, 507–517. https://doi.org/10.1016/j.ecresq.2018.07.004
3 Conti-Ramsden, G., Mok, P.L.H., Pickles, A., & Durkin, K. (2013). Adolescents with a history of specific language impairment (SLI): Strengths and difficulties in social, emotional and behavioral functioning. Research into Developmental Disability, 34(11), 4161–4169. doi: 10.1016/j.ridd.2013.08.043
4 People with disability in Australia
5 Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (2023) First Progress Report
6 Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (2020) Report - Public hearing 4 - Health care for people with cognitive disability https://disability.royalcommission.gov.au/publications/report-public-hearing-4-health-care-people-cognitive-disability ; Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (2021) Report Public hearing 6 - Psychotropic medication, behaviour support and behaviours of concern https://disability.royalcommission.gov.au/publications/report-public-hearing-6-psychotropic-medication-behaviour-support-and-behaviours-concern
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7 Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (2023) Final Report - Volume 6, Enabling autonomy and access https://disability.royalcommission.gov.au/publications/final-report-volume-6-enabling-autonomy-and-access
8 Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (2021) Public hearing 7 - Barriers experienced by students with disability in accessing and obtaining a safe, quality and inclusive school education and consequent life course impacts https://disability.royalcommission.gov.au/publications/report-public-hearing-7-barriers-experienced-students-disability-accessing-and-obtaining-safe-quality-and-inclusive-school-education-and-consequent-life-course-impacts
9 Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (2020) Overview of responses to the Health Issues paper
10 Webber, L. S., Richardson, B., & Lambrick, F. (2014). Individual and organisational factors associated with the use of seclusion in disability services. Journal of Intellectual and Developmental Disability, 39(4), 315–322
11 Webber, L. S., Richardson, B., White, K. L., Fitzpatrick, P., McVilly, K., & Forster, S. (2019). Factors associated with the use of mechanical restraint in disability services. Journal of Intellectual & Developmental Disability, 44(1), 116–120.
12 Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (2023) Final Report - Volume 10, Disability Service Providers https://disability.royalcommission.gov.au/publications/final-report-volume-10-disability-services
Other issues with the Disability Discrimination Act that should be considered as part of this review
Recommendation
Develop a communication plan to explain the Act to people with disability in an accessible way.
The Disability Royal Commission identified that people with disability, particularly people with communication disability may not be aware of their rights or where to complain. Further, people with communication disability face significant barriers to making complaints or notifications as these processes and mechanisms are often not communication accessible12. The Act is a legal instrument and as such is written in technical language that is inaccessible to many people with disability.
As part of the implementation process a set of resources should be developed about the changes to the Act and implications for people with disability. This should explain what the Act means for a person with disability, what is required of duty holders, as well as descriptions of pathways to complain if a person with disability feels that they have been the subject of discrimination as per the Act. These resources must be developed in consultation with people with disability. The Accessibility and Inclusion Strategy utilised by the Disability Royal Commission13 to enable the participation of people with disability would be an example of best practice in this area.
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Please contact redacted Chief Policy and Advocacy, by emailing redacted if Speech Pathology Australia can assist in any other way or provide additional information.
Yours sincerely
redacted
redacted
Chief Executive Officer
Speech Pathology Australia
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