t: redacted
e: redacted
w: www.enabledyouthdisabilitynetwork.org.au
14 November 2025
Attorney-General’s Department
DDAReview@ag.gov.au
To whom it may concern,
Enabled Youth Disability Network (EYDN) thanks the Attorney-General’s Department for the opportunity to contribute feedback on the reform of the Disability Discrimination Act (the Act).
We welcome and support the Australian Government’s reform of the Act, which makes discrimination against the law in areas such as work, school, and accessing services.
About Enabled Youth Disability Network
Enabled Youth Disability Network (EYDN) is an incorporated organisation run by and for young people with disability between 16-35 years. EYDN is dedicated to amplifying the voices and aspirations of young persons with disability in South Australia. We do this through systemic advocacy, co-designing and facilitating peer networks and capacity building activities. EYDN’s work is overseen by a board of young people with disability aged between 18-30 years.
We recently sought feedback from members across metropolitan Adelaide on the Disability Discrimination Act. Eight members contributed detailed reflections and ideas. The following submission summarises key insights and recommendations from our members.
Definition of Disability
EYDN members emphasised that disability encompasses a broad and diverse range of human experiences, including physical, intellectual, psychosocial, sensory, and developmental differences. Disability may be life-long, long-term, or temporary, and people may move from one to another across their lives.
A strong theme from discussion was the need for visibility and respect for invisible disabilities. Members noted that people who are neurodivergent or have invisible disabilities often face disbelief, minimisation, or lack of support because other cannot “see” their disability. Invisibility can lead to exclusion, judgement or barriers in the community, employment and education. Members want neurodivergence clearly acknowledged as part of the Disability Discrimination Act definition of disability.
Language was another key issue members raised. Members said the Act should remove outdated and stigmatising terms like ‘disfigurement’ or ‘suffering from’, and instead use language such as ‘lives with’ or ‘has’. Members believe respectful, up-to-date terminology helps promote inclusion and reflects the modern understanding of disability as a human rights issue, not a deficit.
Members also discussed the importance of adopting the human rights model of disability over the medical or social methods. This approach recognises that every person has the right to fully participate in society, and that it is society’s responsibility to remove barriers.
Disability is a broad term that can be applied to many different experiences, using specific language in reference to specific types of disability will be beneficial.
Recommendation: The Australian Government should update the definition of disability in the Disability Discrimination Act in line with the human rights model of disability, replacing outdated and stigmatising language.
Recommendation: The Australian Government should explicitly include invisible disabilities and neurodivergence in the definition of disability within the Disability Discrimination Act.
Definition of Discrimination
Members agreed that the definition of discrimination needs to be clearer and easier to understand for both people with disability and organisations. They strongly supported removing the phrase ‘does not or would not comply’ from the definition of indirect discrimination. This phrasing implies that people with disability are choosing not to participate, rather than being excluded by systemic barriers.
Members felt that discrimination must also be understood as dynamic, meaning it can change depending on the situation or the environment. For example, an adjustment that is appropriate in one context may be inaccessible or denied in another.
Members supported the inclusion of the Conventions of the Rights of Person’s with Disability (CRPD) as an object provision within the Act. Members agreed that the Act should be required to be interpreted in a way that is beneficial to people with disability, consistent with international human rights treaties such as the CRPD. The primary purpose of the Act is to protect people with disability from discrimination and to promote equal participation in all areas of life. Making this interpretive requirement explicit would ensure that decision-makers consistently apply a rights-based lens, prioritising fairness, inclusion, and dignity.
Recommendation: The Australian Government should change the definition of discrimination to capture dynamic and intersectional forms of discrimination and only include ‘is not able or would not be able to comply’.
Recommendation: The Australian Government should include the Conventions of the Rights of Person’s with Disability as an object of the Disability Discrimination Act, to ensure the Act is interpreted in a way that is beneficial to people with disability.
Stronger Protections to Stop Discrimination
Members spoke about the need for stronger intersectional protections, recognising that people with disability can also experience discrimination on the basis of gender, race, sexuality or cultural background. Without explicit recognition of intersectionality, cases may only be seen through one lens, leading to incomplete or unjust outcomes.
Members also supported shifting the burden of proof to the person or organisation accused of discrimination. Members said it is often difficult to gather comparative evidence to prove they were treated unfairly, whereas organisations are better placed to show how and why decisions were made.
Members want to see positive duty obligations applied across all sectors including workplaces, education, government, healthcare and services. Applying positive duty will proactively prevent discrimination rather than only responding after harm occurs.
Many members stated that legislative documents, including the Disability Discrimination Act are not accessible. Finding Easy Read or Plain English versions often required significant searching, which creates barriers for the law it was designed to protect.
Members strongly supported making penalties for disability discrimination and harassment more severe, with greater accountability for individuals and organisations that engage in ableist behaviour. They emphasised that discrimination and harassment on the grounds of disability should be defined, investigated, and penalised with the same weight and clarity as sexual harassment or racial discrimination. Introducing clear disciplinary consequences in workplaces, schools, and community settings would send a strong message that disability discrimination is unacceptable and that everyone has a responsibility to uphold respect and equality.
Recommendation: The Australian Government should recognise and address intersectional discrimination in the Disability Discrimination Act.
Recommendation: The Australian Government should ensure that the burden of proof within the Disability Discrimination Act is shifted to those accused of discrimination.
Recommendation: The Australian Government should extend positive duty obligations to all workplaces, organisations and public bodies.
Recommendation: The Australian Government should ensure that people with disability know 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.
Recommendation: The Australian Government should increase the penalties for those found to discriminate against a person with disability.
Encouraging Inclusion of People with Disability
Increased awareness about disability along with clear procedures for handling discrimination are essential in all workplaces and education settings. Members stated that education and awareness of disability is needed in education setting for all staff, volunteers and students. Members want to see regular reviews for disability awareness, inclusion and accessibility rather than a single check of workplaces and education settings.
Members said that many organisations still lack understanding of disability rights and inclusive practices, which leads to inconsistent or harmful responses when discrimination occurs. Clear and transparent processes for addressing discrimination, including defined reporting pathways, accountability measures, and follow-up actions are needed to ensure that complaints are taken seriously and resolved fairly.
Members discussed the need for greater incentives to support long-term employment for people with disability, rather than short-term or tokenistic opportunities. Introducing stronger incentives for long-term, meaningful employment would encourage employers to invest in training, career growth, and workplace culture. Members believed that focusing on long-term outcomes would also help raise awareness of the benefits of inclusive employment and reduce stigma by normalising people with disability as skilled, capable, and permanent contributors to the workforce.
Members also supported a stand-alone duty to provide adjustments, to clarify obligations and make it easier for employees and students to request supports. They noted that terms like “reasonable adjustments” can be misused by employers to deny support. Clearer standards would benefit both duty holders and people with disability.
Members agree that treating people differently based on their disability to create more accessible spaces may be required, however exemptions should not be used to delay accessibility. The current five-year period for temporary exemptions is too long and weakens organisational accountability to increase access. To provide consistency and prevent misuse, members agreed that exclusion and exclusionary discipline should be clearly defined within the Act.
Recommendation: The Australian Government should stipulate in the Disability Discrimination Act that all workplaces, education services, organisations, services and community places must undertake mandatory disability inclusion training.
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 disability are educated on how to make complaints. This should include ensuring information is available in multiple formats including Easy Read, large print, audio, video and digital.
Recommendation: The Australian Government should introduce incentives for employers to support long-term employment for people with disability.
Recommendation: The Australian Government should make resources for workplaces that clearly outline their requirements to provide adjustments and support for employees with disability.
Recommendation: The Australian Government should make resources for employees with disability that clearly outline their rights to request adjustments and support from their workplace.
Recommendation: The Australian Government should reduce the time period of temporary exemptions from five years to one year, to promote urgency in creating accessible spaces.
Recommendation: The Australian Government should clearly define exclusion and exclusionary discipline within the Disability Discrimination Act
Emergency services
Members support the introduction of clear procedures to prioritise the safety and evacuation of people with disability in emergencies, ensuring equitable access to assistance and protection. Members called for mandatory disability awareness and de-escalation training for all emergency service staff and volunteers and security personnel, including how to recognise and appropriately respond to disability-related behaviours. They also supported the introduction of mental health or disability liaison officers who can attend incidents where people are in distress, helping to reduce harm and prevent unnecessary use of force.
Members highlighted the urgent need for clearer rules and stronger accountability for how police and security services interact with people with disability. Members reported that people with disability are often misunderstood, misjudged, or treated unfairly due to a lack of awareness about disability-related communication styles or behaviours. For example, sensory stimming, limited eye contact, or delayed responses can be wrongly interpreted as suspicious or deceptive. Members stated that there must be greater consequences for excessive or unjust use of force against people with disability, and that all complaints of discrimination or mistreatment by police should be taken seriously and investigated transparently.
Recommendation: The Australian Government should introduce clear procedures to ensure that people with disability are provided equitable access and assistance in emergencies.
Recommendation: The Australian Government should ensure disability awareness and inclusion training is provided to all emergency service staff and volunteers and security personnel.
Recommendation: The Australian Government should introduce clear rules about how police and security services interact with people with disability.
Young people with disability are deeply committed to building an inclusive Australia where all people can participate fully and without discrimination. EYDN welcomes reforms that modernise the Disability Discrimination Act, embed the human rights model of disability, and ensure genuine protections for current and future generations.
We look forward to working with the Attorney-General’s Department and Australian Government as they make change to the Act to further protect young people with disability from discrimination. We welcome the opportunity to meet with you to discuss how we can work together to achieve this.
Yours sincerely,
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EYDN Project Lead