t: e: w: www.ourvoicesa.org.au
14 November 2025
Attorney-General’s Department
4 National Circuit
BARTON ACT 2600
To whom it may concern,
Our Voice SA (OVSA) thanks the Attorney-General’s Department for the opportunity to contribute feedback on the reform of the Disability
Discrimination Act (the Act). We support the Australian Government’s
reform of the Act, which is over 30 years old. The Act makes discrimination against the law in areas such as work, school, and services. Discrimination makes it hard for people to take part equally in the community. The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission) found many people with disability still experience discrimination, despite the improvements over the years. We believe more needs to be done to ensure the voices of people with intellectual disability are not only heard but also lead the way in the reform of the Disability Discrimination Act.
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In 2024 OVSA conducted a study into what people with intellectual disability (PWID) need for a better life. The results of this process are documented in the report “Reaching Out. Exploring what people with intellectual disability need for a better life”1 (we call this a Needs Analysis). The Needs Analysis identified seven priorities that were grouped into three main themes:
- Community access and inclusion;
- Good support systems and networks; and
- Increased independence and self-advocacy skills. The Act covers many of the priority areas outlined in the Needs Analysis, such as inclusion and access to the community in settings such as work, education and services, and has therefore helped inform our submission. OVSA also held a targeted focus group and used established peer network meetings to ask members how they would like the Australian Government to better protect PWID from discrimination through the Act. From this, we have taken the questions from the Easy Read consultation paper and have provided you with a summary of what PWID told us they need in an updated Disability Discrimination Act.
About Our Voice SA
Our Voice SA (OVSA) is an incorporated peer-led self-advocacy organisation for adults with intellectual disability. Our mission is to increase the skills and knowledge of people with intellectual disability in the areas of self-advocacy, human rights, and decision-making. We work to ensure the voices of people with intellectual disability are heard. With over 100 people attending activities each month, OVSA continues to grow in numbers and footprint. We currently hold regular peer network meetings in metropolitan Adelaide (1) and areas across regional South Australia (4) and facilitate 6 organisation-based Client Reference Committees.
Members attending OVSA Peer Networks report great benefit from peer connections, understanding their rights, and building confidence and skills to speak up and be heard. This has a significant impact on people’s lives,
1Our Voice SA (2024) Reaching Out. Exploring what people with intellectual disability need for a better life. https://www.ourvoicesa.org.au/our-work/2024-study
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relationships, everyday decisions and interactions, and has helped them to achieve personal goals. Speaking up by answering the questions that follow was another important opportunity for the networks to be heard.
How should the government explain what ‘disability’ means in the law?
Members stated that people with intellectual disability (PWID) should be seen as people first, that they are same as everyone else and shouldn’t be defined by what people believe they can’t do. When others call PWID ‘disabled’ it can have negative connotations and can sometimes make people afraid to identify as having a disability. Whilst they are proud of the word ‘disability’, the community still associates it with negative thoughts, outdated ideals where they were considered as ‘others’ or ‘less than’.
They also emphasised that while it can sometimes take longer for them to understand things, they have the same goals, desires and dreams as non disabled people and have many abilities that others may not. With appropriate supports in place PWID can live independently, be employed in mainstream work, have relationships, and participate in the community just like everyone else.
The focus group members said:
“People with disability are the same as everyone else.”
“Disability means ability.”
“I am good. Unique.”
“When someone else says I am ‘disabled’, I get a bad feeling.”
“Disability to me means that I am proud [to be different].”
“[Disability is the] ability to do something different in the community.”
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Recommendation: The Australian Government should consider updating the definition of disability in the Disability Discrimination Act to ensure it is person-centred and based on the Social Model of Disability.
Recommendation: The Australian Government should invest in community education and awareness to break down the stigma and negative associations with the word ‘disability’ and ‘disabled’.
How should the government explain what ‘discrimination’ means in the law?
Many PWID find it hard to understand what discrimination means, when it happens to them, and what their rights are. However, most Members agreed that discrimination is when someone is labelled in a way that defines their way of living, is being segregated in all areas of life (including school and employment opportunities), leaves them open to being exploited and manipulated, and is not being treated as an equal.
People with intellectual disability reported experiencing times where they have not felt welcomed, accepted, or part of a mainstream group, and were not afforded the chance by others to belong or participate the same as their non-disabled peers. They also shared times when they have been called derogative names and been told (or assumed) they can’t do something because of their disability.
This discrimination has occurred in a variety of settings including, but not limited to, employment, education, businesses (such as cafés) or at sport and recreation venues. They also experienced discrimination in accessing services and housing, including in institutional settings. Members told us that PWID have the right to employment, education, housing, healthcare and to participate in the community, and that people must stop making assumptions about what they are able to do. Whilst many members were able to identify circumstances they have experienced once they explored
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the meaning of discrimination, most expressed that they have rarely spoken up when they have experienced discrimination in the past.
”People with disability have the right to employment, education and everything. Putting people institutions… is discrimination.”
Recommendation: The Australian Government should consider clearly defining what discrimination means in the Disability Discrimination Act, in plain English, and include examples of the different types of discrimination.
Recommendation: The Australian Government should ensure people with intellectual disability are provided information explaining what discrimination is and what their rights are when they experience discrimination. This should include making information available in multiple formats including Easy Read, large print, audio, video and digital.
What rules should be in the law to stop people or organisations from treating people with disability unfairly?
People with intellectual disability reported being treated unfairly by people in the community, businesses, services and schools. Members told us that people in the community have previously called PWID derogatory names, that workplaces have prevented PWID from getting and retaining jobs, and that schools have segregated students with intellectual disability from their peers. They emphasised the importance of PWID being able to access these services equally alongside their peers and more must be done to break down the barriers preventing accessibility, including reducing community stigma.
Members also spoke about how important it was for non-disabled people to understand access and inclusion needs so they can treat people with respect and dignity. In addition, members discussed the importance of the government implementing pathways for PWID to open employment, rather
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than the outdated segregated disability employment options (Australian Disability Enterprises (ADEs), and also agreed that children in schools should learn about disability, how to be inclusive, and that everyone should be treated with respect and empathy.
The targeted focus groups and peer networks across South Australia agreed that the Australian Government has an obligation to ensure the community and organisations treat PWID fairly and as equal members of social and economic life, and that rules should be implemented and enforced to prevent the ongoing segregation and discrimination of PWID from mainstream opportunities. They also highlighted the importance of educating the community and organisations on these rules as well as ensuring PWID know how to make a complaint when these rules are broken.
Reporting or making a complaint about discrimination must be easier and more accessible. PWID often express that reporting processes are complicated, not accessible, discriminatory themselves (those taking the complaint question their judgement or if they are telling the truth) and in many cases they did not even know where to report incidents. For example, is it the National Disability Insurance Scheme (NDIS), police, Minister, Adult Safeguarding Unit, Equal Opportunities Commissioner?
We heard that providing a phone number is not enough, because PWID may not know how to articulate what they have experienced or how to formulate the complaint. There is a serious need for a person-centred approach to reporting and having access to the appropriate information and supports. Most importantly, when a complaint is made, they emphasised the need for appropriate action to be taken and that this is communicated back to the person who made the complaint.
Recommendation: The Australian Government should ensure the implementation of the Disability Discrimination Act is accompanied by a streamlined complaint pathway, that complaints are actioned and that people with intellectual disability are adequately informed on how to make a complaint. This should include ensuring information is available
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in multiple formats including Easy Read, large print, audio, video and digital.
Recommendation: The Australian Government should consider
stipulating in the Disability Discrimination Act that all workplaces, education services, organisations, community services and places undertake mandatory disability inclusion training.
Recommendation: The Australian Government should consider
stipulating in the Disability Discrimination Act that disability, access needs and inclusion be part of the school curriculum.
What rules should be in the law to make sure people with disability can join in and be included?
Members reported that most PWID know what it feels like to be excluded; whether this is at school, at work, in a group of friends, or in activities within the community. Being left out was a common theme amongst members who described it as bad, upsetting, awful and making them feel like they do not belong or that they have to stay home. They told us that many PWID choose to attend social and recreational activities that are disability specific, as this is where they feel included, safe and known, compared to mainstream services which are not accessible or inclusive.2 They feel like they have no choice and fear being left out or treated differently (or badly) when attending mainstream activities.
They also told us that community infrastructure, transport and people’s attitudes were barriers to feeling like they could participate in their community, and did not feel like they belonged or could actively and equally participate in their communities as a result. The lack of belonging highlights the importance of community infrastructure, events, activities and places being inclusive and accessible to all, to increasing social
2 Our Voice SA (2024) Reaching Out. Exploring what people with intellectual disability need for a better life. https://www.ourvoicesa.org.au/our-work/2024-study
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participation and to reducing isolation and loneliness for PWID.3 Like everyone else, PWID, want to be treated equally and to be accepted and included in the community.
“people with an intellectual disability are good at something. [Whether it is] reading, writing and listening. They should be encouraged to follow what they are good at and given opportunities to keep doing this”
We asked members what the government can do to make sure PWID can join in and be included. They told us that they wanted PWID to be treated as equals, given valued and meaningful roles, and to have their successes recognised. They want information about services, activities and groups, so they have the opportunity to speak up for what they want, and to make their own decisions. Members again expressed the importance of embedding access and inclusion into the community and breaking down the stigma and negative connotations of disability, to ensure all people, including PWID, feel included and are able to join in. The importance of PWID being represented in different spaces, including on television, radio, sporting activities or social media, was an important part in improving community attitudes.
“It comes down to knowledge and understanding and people have to be open to learning more about it.”
Recommendation: The Australian Government should consider making rules about ensuring community infrastructure and transport are accessible and inclusive, and free of stigma, abuse or neglect. This should include all employees, volunteers or the like, who are operating these services receiving disability inclusion training. Training should be co-designed with a range of stakeholders and experts, including people with intellectual disability.
3 Our Voice SA (2024) Reaching Out. Exploring what people with intellectual disability need for a better life. https://www.ourvoicesa.org.au/our-work/2024-study
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Recommendation: The Australian Government should consider making rules that stipulate all community events, social and recreation programs, and community spaces, are co-designed with a range of key stakeholders and experts, including people with intellectual disability.
Recommendation: The Australian Government should consider making rules about sharing information in multiple formats including Easy Read, large print, audio, video and digital.
Recommendation: The Australian Government should consider making rules to implement disability access and inclusion into the school curriculum about teaching students about disability and inclusion. Universities, TAFEs and other education settings should also require additional training in implementing inclusive practices into their work. This should be co-designed by key stakeholders and experts, including people with disability and people with intellectual disability.
Recommendation: The Australian Government should consider making rules to ensure all education settings, including schools, TAFEs and universities, are inclusive learning environments for people with intellectual disability. This should include ensuring adequate and appropriate supports are provided to students with intellectual disability.
Recommendation: The Australian Government should consider making rules to ensure people with intellectual disability are represented in different spaces, including on television, radio, sporting events or social media. This should be accompanied by a public campaign to educate the community on disability, inclusion and discrimination.
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How do we protect people with disability from
- being treated badly or rudely?
- people saying mean or hateful things about them? Members told us that many PWID have experienced being treated badly or rudely and have had people say mean or hateful things about them. This can happen anywhere in the community, including, but not limited to, school, work, shops, on the street or at a cafe. As stated previously, as a result PWID may often choose to attend social and recreational activities that are disability-specific as this is where they feel included, safe and known compared to mainstream services which are not accessible or inclusive.
Protecting PWID from being treated badly or rudely is about everyone understanding people’s rights, that everyone has a voice, and they need to be listened to no matter how they communicate. It is equally about raising community awareness on disability and inclusion as it the community should be held accountable for their words and actions. Members told us that it is important to have people on your side like an advocate, champion, or family and friends, to help intervene and educate people on discrimination as well as assisting PWID to make a complaint if discrimination does occur.
For some PWID, family or friends may not always be present or involved in their lives and their main contacts are paid support workers. PWID have indicated that this can limit their access to the community, information, services and exercising their rights. OVSA plays a role in educating members on their rights and how to exercise these rights, however without ongoing long-term funding from the Federal Government (through the Information, Linkages and Capacity Building Program or similar) there is a risk that this most important work may not continue past June 2026.
Furthermore, independent individual advocacy services are not currently funded by the South Australian Government. It is essential that peer and representative advocacy organisations (such as OVSA) and independent
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individual advocacy are funded at appropriate levels (based on need) on an ongoing basis to ensure the rights of PWID are upheld and discrimination is stamped out.
Members also emphasised the importance of Community Visitor Schemes (CVS) in upholding the rights of and safeguarding PWID. Unfortunately, the powers and scope of the CVS in South Australia has been significantly reduced since the introduction of the NDIS, and now only visits state funded group homes. Members strongly advocate for a scheme that allows the CVS to operate in both government and non-government services. This would be an important element in ensuring PWID have access to the appropriate supports to make a complaint or raise a concern regarding discrimination.
Members expressed concern regarding the implementation of the Disability Discrimination Act and that the people who uphold the law can often be the perpetrators of discrimination themselves. They stated that the police, emergency services, health staff (including hospitals), NDIS workers, public servants and the courts often do not believe them, understand them or take them seriously. They said it is difficult for PWID to speak up or say something and that it was a waste of time to report as they were often told “you don’t know what you’re talking about”. As a result, PWID feel a sense of shame, embarrassment or fear in reporting an incident.
People with intellectual disability in South Australia were previously able to easily access a program called ‘Communication Partners’ which was a vital service provided to people with cognitive disability or those with complex communication needs to engage a person to help them navigate the criminal justice system. This program was unfortunately defunded in March 2020, with a fee-for-service model implemented instead. This Communication Partners service assisted in ensuring the voices of PWID were heard and understood in court and should be refunded to appropriate levels.
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Recommendation: The Australian Government should consider
embedding the importance of peer and representative advocacy, as well as independent individual advocacy into the Disability Discrimination Act.
Recommendation: The Australian Government should consider including mandatory disability inclusion training, including accessible communication training, in the Disability Discrimination Act for, but not limited to, all law enforcement, judicial and justice system, emergency services, state and federal departments, and all health services. Training should be co-designed by key stakeholders and experts, including people with intellectual disability.
Recommendation: The Australian Government should consider
embedding in the Disability Discrimination Act the importance of Communication Partner Programs in the judicial system for people with complex communication needs. This should be funded appropriately by the Australian Government and an awareness campaign should be developed to educate people with intellectual disability on its service.
Recommendation: The Australian Government should consider
establishing a nationally consistent Community Visitor Scheme, with appropriate funding and resources, to not only safeguard people with disability but ensure incidents of discrimination are reported.
Summary
The Royal Commission into Violence, Abuse, Neglect and Exploitation of
People with Disability (the Disability Royal Commission) helped the Australian Government find out about the problems people with disability have, what went wrong and what needs to improve. The Disability Royal Commission heard that many people with disability still experience discrimination. Therefore, we know the Australia Government needs to do to better protect people with intellectual disability from discrimination. OVSA members agreed that it was time for the Australian Government to
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update the Act and ensure that it reflects the nature of discrimination, addresses the root cause of discrimination, makes it easier to report acts of discrimination and holds people who do discriminate accountable.
We thank the Attorney-General’s Department for the opportunity to include voices of people with intellectual disability in this consultation and look forward to working with the Attorney-General’s Department to create a more inclusive Australia.
If you wish to discuss our submission in further detail, please do not hesitate to contact Manager – OVSA & EYDN, on
Kind regards
Our Voice SA Chairperson
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