Recommendations for a Federal Human Rights Act and Disability Discrimination Act reform | External submission

14 November 2025

Disability Discrimination Act Review

Commonwealth Attorney-General’s Department

Barton ACT 2600

Dear Attorney-General,

Review of the Disability Discrimination Act

Thank you for the opportunity to make a submission on the review of the Disability Discrimination Act 1992 (Cth). The Castan Centre for Human Rights Law (Castan Centre), based in the Faculty of Law at Monash University is a research, education and policy centre which aims to create a more just world where human rights are respected, protected and fulfilled, allowing all people to flourish in freedom and dignity.

In this brief submission, we first address the need for reform to the Disability Discrimination Act as identified by the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission). We then consider the human rights law imperatives that should guide this reform, and how such a reform should proceed together with a Federal Human Rights Act. The submission ends by outlining the Castan Centre’s endorsement of the submissions of Women with Disabilities Australia and the Queensland Independent Disability Advocacy Network.

Human rights background

The Convention on the Rights of Persons with Disabilities (CRPD) sets out the universal human rights recognised in other core international human rights instruments as they apply to people with disability.¹ Central to the CRPD is the reaffirmation of ‘the universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms and the need for persons with disabilities to be guaranteed their full enjoyment without discrimination’.² The guiding principles and general obligations are those consistent with recognising people with disability as full human rights holder and equal in dignity.³ In particular, the CRPD requires that states parties ‘adopt all legislative, administrative and other measures for the implementation of the rights recognized’ therein.⁴ As one of the first countries to become a party to the CRPD after it entered into force in 2008, Australia has an international legal obligation to fully implement the CRPD. As the Disability Royal Commission found, Australia has only done so to-date in a piecemeal

¹ Convention on the Rights of Persons with Disabilities, opened for signature 13 December 2006, 2525 UNTS 3 (entered into force 3 May 2008). ² ibid preamble para (c). ³ ibid arts 3 and 4. ⁴ ibid art 4(1).

Castan Centre for Human Rights Law
Faculty of Law
Monash University
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manner.⁵

A human rights-based approach

There is no universal definition of a human rights-based approach. Nevertheless, such approaches have their origin in sustainable development discourse and tend to have a number of common elements, namely: the participation of rights-holders in decision-making processes; clear links to human rights; accountability for duty-bearers with respect to human rights; respect for principles of equality and non-discrimination of rights-holders; the empowerment of rights-holders to understand and enjoy their human rights, and participate in decision-making and the formulation of laws, policies, and practices that impact upon them; and transparency for all stakeholders involved.⁶ What is clear from different conceptions of the human rights-based approach is that it is ‘based on respect for the fundamental dignity and humanity of all people and is framed in terms of justice and rights’.⁷

A central component of a human rights-based approach is that it re-frames people with disability as rights-holders. This shifts toward understanding people with disability as human rights-bearers who are empowered to see their rights realised. So understood, a human rights-based approach seeks to ‘promote, protect and fulfil human rights’ in practice and enable the integration of international human rights norms, standards, and principles into the development of law, policy, and practice at a domestic level. A human rights-based approach recognises that ‘unequal power relations and social exclusion deny people their human rights’ and seeks to directly overcome this imbalance.⁸

As the Counsel Assisting the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission) stated in the course of submissions during a public hearing:

Effective implementation of a rights-based approach requires the needs of people with disability to be prioritised in system design, interventions, and service responses. Implementation of this approach should occur across prevention, early intervention, response and recovery, in collaboration with people with disability and the disability services sector. This draws on the principle of ‘nothing about us without us’, and the requirement to consult and work alongside people with disability.¹⁰

The full force of a human rights-based approach for people with disability must be integrated into law making, policy making and implementation which requires a comprehensive legislative approach. It is vital that a

⁵ Commonwealth, Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Final Report, 2023) vol 4, 9 (‘Disability Royal Commission Final Report’). ⁶ See, eg, ‘Human Rights Based Approach’, Swedish International Development Cooperation Agency (Web Page) https://www.sida.se/en/for-partners/methods-materials/human-rights-based-approach. ⁷ Kevin Bell and Jean Allain, ‘Homelessness and Human Rights in Australia’ in Paula Gerber and Melissa Castan (eds), Critical Perspectives on Human Rights Law in Australia (Thomson Reuters, 2022) vol 2, 241, 266. ⁸ SIDA (n 16). ⁹ Ibid. ¹⁰ Disability Royal Commission Final Report (n 5) vol 4, 129.

human-rights based approach is not only a theoretical exercise of a legal response to dealing with issues faced by people with disability. In addition, to ensure that people with disability have their rights respected, protected, and fulfilled, we need system-wide reform focussing on three components: legislative change to build the framework of a human rights-based approach in practice (see below), operational reform to realise such an approach on the ground, and sufficient resourcing (including funding) to ensure the system can actually work.¹¹

The need for a Federal Human Rights Act

A reformed Disability Discrimination Act ought to proceed together with the enactment of a Federal Human Rights Act. As has been well-demonstrated in Australian jurisdictions that currently have stand-alone human rights legislation, that these Acts work together with state-based equal opportunity and anti-discrimination laws to ensure comprehensive human rights protection of people with disability.

The Disability Royal Commission clearly recommended human rights-based reforms to protect people with disability from all forms of abuse and exploitation.¹² However, the Royal Commission stopped short of recommending these reforms be incorporated into (or proceed together with) a Federal Human Rights Act. This was due to the Royal Commission’s Terms of Reference.

The Federal Parliamentary Joint Committee on Human Rights’ (PJCHR) Inquiry into Australia’s Human Rights Framework was mindful of the limitations associated with a piecemeal approach where rights protections are scattered across fragmented legislative silos, and the need for a harmonised approach to the rights of all people, including people with disability.¹³ In particular, the Committee recommended that the drafting of a Federal Human Rights Act should be a comprehensive human rights instrument at the federal level, based on consultation with people with disability (among other groups).¹⁴ This recognises that people with disability may require intersectional rights protection, which only a comprehensive Federal Human Rights Act can adequately protect.

The Commonwealth Government is still yet to respond formally to the Committee’s central recommendation which is the enactment of a Federal Human Rights Act. It must do so at the earliest available opportunity to protect the rights of all people, including people with disability, in a comprehensive manner. This comprehensive approach will go some way to remedying the piecemeal approach to protecting disability rights in Australia and ensure that the rights of people with disability are fully respected, protected and fulfilled.¹⁵

¹¹ Evidence of Prof the Hon Kevin H Bell AM KC, quoted, Victoria, Royal Commission into Victoria’s Mental Health System (2021) vol 4, 46. ¹² Disability Royal Commission Final Report (n 5) recommendations, vol 4, 4.01–4.34. ¹³ Parliamentary Joint Committee on Human Rights, Parliament of Australia, Inquiry into Australia’s Human Rights Framework (Final Report, May 2024), 36. ¹⁴ Ibid, recommendation 4. ¹⁵ Royal Commission Final Report (n 5), vol 4, 9–12.

We therefore strongly recommend that the Commonwealth Government:

Respond to the PJCHR’s report on Australia’s Human Rights Framework as a matter of urgency.
Enact a Federal Human Rights Act.
Consult with people with disability and peak disability organisations on the drafting of a Federal Human Rights Act, including on the relationship between the DDA and the Federal Human Rights Act.

Endorsement

The Castan Centre refers to and endorses the submissions and recommendations of Women with Disabilities Australia and the Queensland Independent Disability Advocacy Network.

Yours sincerely,

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Deputy Director
Castan Centre for Human Rights Law
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Research Fellow
Castan Centre for Human Rights Law
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