Inclusion metric strategies and implementation solutions | External submission

Response ID BHLF-NT3M-UN9P-E

Submitted to Disability Discrimination Act Review – Issues Paper

Submitted on 2025-09-01 14:53:11

Consent to participate in our consultation

Do you consent to participate in our consultation?

Yes – I consent to participate in this consultation. I understand that I do not need to provide my personal or sensitive information to participate in this consultation.

If you are aged under 15, do you have consent from a parent or guardian to participate in our consultation?

I am aged 15 or over.

Publishing your submission

Do you give permission for your response to be published?

Yes – I give permission for my response/submission to be published.

What is your name?

Name:

Anne Tonkin

If you provided your name in response to the previous question, do you consent for your name to be published with your submission?

Yes

Are you making this submission on behalf of:

Yourself

Please specify the name of the organisation:

Westminster

What is your email address?

Email:

Questions about you

Which of the following best describes your interests in the department’s review of the Disability Discrimination Act?

I am a carer, family member or kin for/of a person with disability

Please specify:

If you are making a submission in a professional capacity or as part of your work, please select the industry or industries that best apply to you:

Other

Please specify:

How do you describe your gender?

Woman or female

Please specify:

Do you identify with any of the following groups?

None of the above

What type of area are you or your organisation located?

Major city

Where are you or your organisation based?

South Australia

Please expand on your response:

Part 1 – Updating understandings of disability and disability discrimination

1 How should disability be defined in the Disability Discrimination Act?

Enter your response here:

Disability is the result of any physical, mental, intellectual, sensory, or neurological difference or condition—whether permanent or temporary—that, in interaction with barriers (attitudinal, environmental, or systemic), may limit a person’s full and equal participation in society.

This definition recognises that disability is not simply a medical issue, but a societal responsibility. Under the Tonkin 10/10 principles, disability must be understood through the lens of human rights, dignity, and inclusion, acknowledging the strengths, voice, and leadership of people with lived experience.

ey Features of This Definition Based on Tonkin 10/10: ✅ Strengths-based: Focuses on barriers, not deficits.

✅ Inclusive: Covers all types of disability, visible and invisible.

✅ Human rights approach: Aligns with the UN Convention on the Rights of Persons with Disabilities (CRPD).

✅ Respect for lived experience: Values those with disability as experts in their own lives.

✅ Systemic awareness: Recognises that society’s failure to adapt is often the real source of disadvantage.

2 What factors should be considered in developing a new definition of disability?

Enter your response here:

When using the Tonkin 10/10 Bill to develop a new definition of disability, it’s essential to focus on equity, dignity, lived experience, and systemic change. The Tonkin 10/10 values empower people with disability and challenge discriminatory structures. Below are the key factors to consider when developing a disability definition aligned with these principles:

✅ 1. Lived Experience as Central People with disability must be involved in defining what disability means.

Definitions should be co-designed with individuals and communities who experience disability every day.

“Nothing about us without us.”

✅ 2. Social Model of Disability Disability is not just a medical condition—it’s shaped by social, physical, and systemic barriers.

The definition must shift focus from the impairment to the barriers that limit participation.

✅ 3. Respect and Dignity The language must be respectful, person-first (or identity-first where preferred), and free from deficit or pity-based framing.

Definitions should reflect that disability does not lessen a person’s value, capability, or contribution.

✅ 4. Inclusion of All Types of Disability Include:

Physical, sensory, cognitive, intellectual, psychosocial, neurological, and chronic health conditions.

Temporary, permanent, visible, and invisible disabilities.

✅ 5. Accessibility and Equity The definition should acknowledge that people are disabled by lack of access, not just by their condition.

It must promote the right to reasonable adjustments and universal design.

✅ 6. Empowerment and Self-Determination The definition must enable people with disability to define their own identity and needs.

It must protect their right to participate, lead, and make decisions in their lives and communities.

✅ 7. Intersectionality Recognise that people with disability may also face additional discrimination (e.g., based on gender, race, age, sexual orientation).

The definition should reflect diverse experiences and avoid a one-size-fits-all approach.

✅ 8. Alignment with Human Rights Frameworks The definition should be consistent with:

The UN Convention on the Rights of Persons with Disabilities (CRPD),

The Disability Discrimination Act (DDA),

And local policy commitments to inclusion and equity.

Summary: Tonkin 10/10 Definition Development Checklist

Factor Description

Lived experience: Co-designed by people with disability Social model: Focus on barriers, not impairments Respectful language: Strengths-based, non-stigmatising Comprehensive scope: Includes all types and durations of disability Access and equity: Highlights need for accommodations and systemic change Empowerment: Supports autonomy, voice, and leadership Intersectionality: Recognises overlapping forms of disadvantage Human rights aligned: Builds on CRPD and DDA protections

3 Would the Disability Discrimination Act be strengthened by expressly allowing claims to be brought for multiple or combined protected attributes?

Yes

Please expand on your response:

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?

Yes

Please expand on your response:

YES, it is discrimination if Community Inclusion metrics are not complied with to support those with disabilities.

It is discrimination if: -If venues offer 1% of access seating and you cannot sit with families that is discrimination.

If only 1 or 2 disability car parks are provided and represent 1% or less than car park spaces.
If a venue of 10,000 people has 4 disability toilets
If transport is not designed and services are not provided for the 21% of the population
You cannot access the community like able bodied people.
You are forced to use a different process than abled body people, called a reasonable allowance which is often tokenistic, an afterthought and unreasonable…

It is discrimination if 20% of services are not designed to meet the 21% of the population with a disability.

The Tonkin 10/10 Bill currently in draft in SA parliament…

Goal

A new Disability Discrimination Act to set community inclusion metrics based on the Tonkin 10/10 Bill.

Link to published Bill… https://www.rightsnetworksa.com/post/tonkin-s-10-10-law-a-long-overdue-step-toward-real-accessibility-and-inclusion

Proposal for a Bill to Parliament: Tonkin’s 10/10 Law

A total of 5.5 million people in Australia have a disability, this equates to one in five people (21.4%) of the population (ABS 2022).

A Bill to ensure accessibility and inclusivity for all:

in public and private venues (paid and non-paid)

public and private transport services
toilets (public and private buildings where services are provided)
all public and private car parks (paid and non-paid)
ticketing processes from services/agents by legislating the allocation of seating at events and transport, public toilets and carparking, for individuals with disabilities, specifically wheelchair users and those requiring accessibility services at a minimum of 20% of their total available facilities, services, spaces and seating with equitable ticketing processes.
This Bill, Tonkin’s 10/10 Law, seeks to ensure that individuals with disabilities, particularly those who require wheelchair access, have equal opportunities to enjoy readily available facilities and services, with accessible transport, toilets and car parking.  By mandating 10% of capacity for wheelchair users with carers/companions and,  10% for inclusive disability access for those with mobile disabilities, the law promotes equity and human rights for those with disabilities and aims to create a fairer and more inclusive society, meeting the needs of the Australian population, and remove current discriminatory practices across Australia.

Purpose of the Bill:

The purpose of this Bill is to promote inclusivity and accessibility for individuals with disabilities, to foster an equitable experience in line with human rights, ensuring that public and private facilities and services are accessible to all, and existing discriminatory practices and tokenistic disability gestures are removed, by:

a) creating two disability categories

Wheelchair access category
All-inclusive disabilities access category or individuals with mobile disabilities with a new graphic (see Annexe below) b) And legislating public and private venues, transport, toilets and parking to ensure discriminatory practices are removed in these categories and providing equity and access to those with disabilities.

Bill Overview:

Title of the Bill: This Act may be cited as the Tonkin’s 10/10 Law.
Definitions:

All Public and private venues and services include (paid and non-paid) All Public venues and private venues including but not limited to; ALL Parks, Natural environments & Gardens, Sports and Recreation Facilities, Entertainment, Stadiums, Cultural & Arts, Conference and Exhibition, Cinemas, Civic and Government Buildings, Community and Social Centres, Educational Institutions, Shopping Centres, Transportation, Tourism, Heritage Site, Markets, Religious facilities, Festivals and Animal and Wildlife Parks where ticketing and non-ticketing platforms are used.

o Public and private transport services: to apply to all public/private service transport offerings e.g. 10% access cabs for wheelchairs, e.g. 10 access cabs to support disabilities.

o Public toilets: for all public toilets and all organisations servicing customers and include an adult hoist and adult change table in at least one disability toilet (public and private)

o public car parks (paid and no paid) parking including commercial, public and private spaces where vehicles transporting individuals with disabilities can park within the space, e.g. and oversized car can park horizontally and use 2 parks.

o Wheelchair Access Category: For those with a disability requiring a wheelchair.

o All-inclusive disabilities access category: (Inclusive Disabilities or Mobile Disabilities) For those with disabilities that are not requiring a wheelchair.

o Carer/Companion: Someone who is caring for the individual with the disability.

o Accessible seating: Accessibility close to entry and exit points, without steps.

o Ticketing services/agents: Accessibility ticketing purchasing processes are available online 24/7 and are the same as regular ticketing purchases where carers/companions or the person with the disability can complete the process for tickets (for paid and non-paid ticketed events).

o Public and private venues to include a sensory room for all events.

3 Requirements:

o 20% of all venues and services are allocated to those with a disability.

o Wheelchair: Allocating 10% of their capacity to individuals using wheelchairs (with space for carers and immediate family) and,

o All-inclusive disabilities access category: 10% of their capacity to be accessible for individuals with other disability needs (with space for carers and immediate family).

o Allocation must comply with other disability and access legislation, located close to exits and services.

4 Venue Compliance:

New Venues: Must consider legislation in all planning.
Existing Venues/infrastructure/facilities are required to implement the changes with all future infrastructure plans within the of the passing of the Bill.

Maintenance and Reservation of Seats:

The designated accessible seating for both categories must have clearly marked allocated areas.

Monitoring and Enforcement:

A national body, to be established by the relevant Minister, will be responsible for ensuring compliance with the law.
Failure to comply with these regulations will result in fines for the provider and may result in further sanctions, including potential temporary closures for continued non-compliance.

Financial o Support: To assist existing venues in transitioning to meet these new requirements, a government fund will be established to provide financial assistance grants to contribute to the costs associated with making venues accessible under this Bill.

Human Rights & Legislation: o The Bill will set a common standard and protect the human rights of those with disability, by the rule of law. This law will address current gaps and also align with global, Australian and local legislation, standards and guidelines.

International Human Rights Declarations and Laws

United Nations (UN) Conventions and Declarations

Universal Declaration of Human Rights (UDHR) (1948) o Recognises fundamental human rights, including equality and non-discrimination for all individuals, including those with disabilities. Convention on the Rights of Persons with Disabilities (CRPD) (2006) o The most comprehensive international treaty protecting the rights of people with disabilities. o Australia ratified the CRPD in 2008. o Covers areas such as accessibility, legal capacity, education, employment, health, participation, and equality. Optional Protocol to the Convention on the Rights of Persons with Disabilities (2006) o Provides a mechanism for individuals to submit complaints to the UN if their rights under the CRPD are violated. Declaration on the Rights of Disabled Persons (1975) o Proclaimed by the UN General Assembly, affirming equal rights and protections for people with disabilities. UN Standard Rules on the Equalisation of Opportunities for Persons with Disabilities (1993). A framework to guide nations in formulating policies to ensure equal opportunities.

Other Key International Human Rights Treaties

International Covenant on Civil and Political Rights (ICCPR) (1966) o Protects civil and political rights, including non-discrimination based on disability. International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966) o Protects economic, social, and cultural rights, including access to education, work, and healthcare for people with disabilities. Convention on the Rights of the Child (CRC) (1989) o Includes specific protections for children with disabilities, ensuring their right to education, healthcare, and full participation in society.

Australian Disability Laws, Rights, and Standards

National Human Rights Protections

Disability Discrimination Act 1992 (DDA) o Australia’s key anti-discrimination law that protects people with disabilities from discrimination in areas such as employment, education, public transport, and access to goods and services. o Enforced by the Australian Human Rights Commission (AHRC).

Australian Human Rights Commission Act 1986

o Gives the AHRC powers to investigate complaints of discrimination, including those based on disability.

Fair Work Act 2009

o Protects workers, including those with disabilities, from discrimination in employment. o Ensures reasonable adjustments for employees with disabilities.

National Disability Insurance Scheme Act 2013 (NDIS Act)

o Establishes the National Disability Insurance Scheme (NDIS), providing funding and support for people with significant and permanent disabilities.

Disability Services Act 1986

o Provides for the funding and regulation of disability services in Australia.

Carer Recognition Act 2010

o Recognises the role of unpaid carers supporting individuals with disabilities.

Australian Disability Standards and Policies

Disability Standards for Education 2005 o Ensures students with disabilities have equal access to education and reasonable adjustments are made in learning environments. Disability (Access to Premises – Buildings) Standards 2010 o Ensures public buildings are accessible to people with disabilities.

National Standards for Disability Services (2013)

o Sets quality and safety standards for disability service providers.

National Disability Strategy 2021–2031

o A government policy framework aimed at improving the lives of Australians with disabilities through social inclusion and equal opportunities.

Work Health and Safety Act 2011

o Requires employers to provide a safe working environment, including reasonable adjustments for employees with disabilities.

Australian Road Rules & Disability Parking Scheme

o Ensures accessible parking spaces and road safety measures for people with disabilities.

State and Territory Disability Laws

Each Australian state and territory has its own anti-discrimination laws that complement the national Disability Discrimination Act 1992: o Equal Opportunity Act 1984 (South Australia) o Anti-Discrimination Act 1991 (Queensland) o Disability Inclusion Act 2018 (New South Wales) o Disability Act 2006 (Victoria) o Disability Services and Inclusion Act 2023 (Western Australia)

Other Relevant Global Standards

World Health Organization (WHO) Guidelines

World Report on Disability (2011) o Provides recommendations for improving health, rehabilitation, and social inclusion for people with disabilities.
Community-Based Rehabilitation (CBR) Guidelines o Promotes inclusive development and accessibility in community programs.

Accessibility and Inclusion Standards

Web Content Accessibility Guidelines (WCAG) o International standards ensuring digital content is accessible to people with disabilities.
ISO 9999: Assistive Products for Persons with Disabilities o Sets standards for assistive devices and technologies.

Conclusion

Current transport, access to public and private venues, toilets and carparks do not meet the needs of the 5.5 million people with a disability (21.4%) in Australia and ticketing processes are discriminatory for those with disabilities. The Tonkin 10/10 will provide equity to 20% of the population with disabilities. This Bill is not asking for anything above and beyond, it is legislating equality and accessibility and removing discrimination. Australia has a strong framework protecting the rights of people with disabilities, aligning with international human rights laws such as the UN, laws, standards and guidelines. This Act will remove discriminatory practices and improve access and equity and support national laws and reinforce rights and access to services. By passing this Bill, equity and access for all those with disabilities will have improved human rights to access facilities and services which are currently barriers for inclusion. The Tonkin 10/10 Law is a basic human right.

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

Please expand on your response:

It should be positive duty…

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

Other

Please expand on your response:

No make it positive duty…

7 How should the definition of indirect discrimination be amended to ensure that it is easy to understand and implement?

Enter your response here:

8 Should the reasonableness element in the definition of indirect discrimination be:

Other

Please expand on your response:

Did you know that reasonableness is often a tokenistic afterthought and it is often unreasonable. Discrimination in the would not occur if there were community inclusion metrics instilled. Inclusion strategies state inclusion attempts as vague ideals, but because there are no metrics, nothing is ever measured and nothing is ever seriously implemented as a solid optic or metric. If 21% of the people have a disability, why are businesses not ensuring 21% of all services they provide accommodate those with disabilities. Inclusion needs metrics to become a forethought, then it is the beginning of the journey of reasonable.

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?

No, it should be kept.

Please expand on your response:

10 Should the Disabilities Convention be included in the objects provision of the DisabilityDiscrimination Act?

Yes

Please expand on your response:

Yes but they also need to set community inclusion metrics to help eliminate discrimation. Inclusion is an afterthought unless inclusion metrics are set.

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?

Yes

Please expand on your response:

Yes and it should include this as a minimum….

The Tonkin 10/10 Bill is currently in Parliament in SA as a draft Bill… as community inclusion is a basic human right and discrimination will be forever unless there are changes and the disability sector is disrupted…

The Tonkin 10/10 Bill

“We represent adults and children with disabilities not disabled people”

Collectively we have more than 160 years of collective knowledge on working, and living through the struggles and challenges of adults and children with disabilities and the impacts, and additionally we have consulted with our extensive network of subject matter experts including:  NDIS business owners  NDIS co-ordinators  NDIS lead co-ordinators  Registered and enrolled nurses  A teacher who has transitioned to a carer  Carers of adults and children  Athletes with disabilities representing South Australia and Australia at the top level

 Autism SA Manager

 Families and friends where there is a person with a disability and,  Manager of the Expo for disabilities

the overall consensus is that this is long overdue.

Goal

The Bill will set a common standard and protect the human rights of those with disability, by the rule of law. Once this is passed the goal is to take this to all states in Australia.

Proposal for a Bill to Parliament: Tonkin’s 10/10 Law

A total of 5.5 million people in Australia have a disability, this equates to one in five people (21.4%) of the population (ABS 2022).

A Bill to ensure accessibility and inclusivity for all:

in public and private venues (paid and non-paid)
public and private transport services
toilets (public and private buildings where services are provided)
all public and private car parks (paid and non-paid)
ticketing processes from services/agents

by legislating the allocation of seating at events and transport, public toilets and carparking, for individuals with disabilities, specifically wheelchair users and those requiring accessibility services at a minimum of 20% of their total available facilities, services, spaces and seating with equitable ticketing processes.

This Bill, Tonkin’s 10/10 Law, seeks to ensure that individuals with disabilities, particularly those who require wheelchair access, have equal opportunities to enjoy readily available facilities and services, with accessible transport, toilets and car parking.  By mandating 10% of capacity for wheelchair users with carers/companions and,  10% for inclusive disability access for those with mobile disabilities, the law promotes equity and human rights for those with disabilities and aims to create a fairer and more inclusive society, meeting the needs of the Australian population, and remove current discriminatory practices across Australia.

Purpose of the Bill:

The purpose of this Bill is to promote inclusivity and accessibility for individuals with disabilities, to foster an equitable experience in line with human rights, ensuring that public and private facilities and services are accessible to all, and existing discriminatory practices and tokenistic disability gestures are removed, by:

a) creating two disability categories

Wheelchair access category
All-inclusive disabilities access category or individuals with mobile disabilities with a new graphic (see Annexe below) b) And legislating public and private venues, transport, toilets and parking to ensure discriminatory practices are removed in these categories and providing equity and access to those with disabilities.

Bill Overview:

Title of the Bill: This Act may be cited as the Tonkin’s 10/10 Law.
Definitions:

All Public and private venues and services include (paid and non-paid) All Public venues and private venues including but not limited to; ALL Parks, Natural environments & Gardens, Sports and Recreation Facilities, Entertainment, Stadiums, Cultural & Arts, Conference and Exhibition, Cinemas, Civic and Government Buildings, Community and Social Centres, Educational Institutions, Shopping Centres, Transportation, Tourism, Heritage Site, Markets, Religious facilities, Festivals and Animal and Wildlife Parks where ticketing and non-ticketing platforms are used.