NDIA Accountability Project

submission to the review of the Disability Discrimination Act 1992

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National Emergency Management Agency submission to the review of the Disability Discrimination Act 1992

  1. The National Emergency Management Agency (NEMA) welcomes the opportunity to make a submission to the Attorney-General’s Department’s review of the Disability Discrimination Act 1992 (Cth.) (DDA).

  2. The purpose of NEMA is to enable more secure, stronger and resilient communities before, during and after emergencies.

  3. While state and territory governments are responsible for operational crisis response, including providing appropriate support and care for people with disability, NEMA provides national leadership and strategic coordination to improve outcomes for people with disability in disasters.

  4. Recent emergencies, such as the 2019-20 bushfires, the COVID-19 pandemic and disaster events over the 2024-2025 higher risk weather season, have exposed critical gaps in preparedness, response, and recovery for people with disability, highlighting the need for consideration of additional legal protections for people with disability in disasters.

  5. In addition, Australia’s first National Climate Risk Assessment has highlighted that disasters in Australia will become more frequent and severe, leading to increased risks for people with disability as the climate changes (Australian Climate Service 2025).

  6. This submission primarily addresses questions 50 and 51 of the DDA Review Issues Paper:

      1. How can we ensure the Disability Discrimination Act remains fit-for-purpose into the future?
      1. Are there any other issues with the Disability Discrimination Act that should be considered as part of this review?

  7. It also refers to question 12 related to the application of positive duty.

Impacts of disasters on people with disability

  1. People with disability are disproportionately affected, experience higher rates of injury and death, and face increased challenges during disaster response and recovery (Villeneuve 2019).

  2. During the 2019-20 ‘Black Summer’ bushfires, people with disability were placed at increased risk due to inadequate or inaccessible evacuation plans, communication and information broadcasts. Many people lost essential aids and equipment, and some had difficulty in accessing evacuation shelters due to the lack of ramps, railings and accessible toilets (Australian Government 2024).

  3. During the COVID-19 pandemic, people with disability who required daily supports or lived in group homes were at increased risk of exposure to COVID-19 (Australian Government 2024).

  4. These experiences emphasised the need for responses to public emergencies to appropriately account for the physical and mental health needs of people with disability. They highlighted that people with disability can require a higher level of and/or more tailored support than the general population. For this to occur, there needs to be tailored preparations before a disaster (Australian Government 2024).

  5. The 2020 Royal Commission into Violence, Neglect and Exploitation of People with Disability (Disability Royal Commission) also identified widespread failures for people with disability during disasters, including (Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability 2020):

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  • Lack of accessible information and warnings.
  • Inadequate evacuation procedures and shelter access.
  • Absence of disability-inclusive training for emergency personnel.
  1. The Disability Royal Commission called for stronger legal and policy frameworks to ensure inclusive emergency management.

NEMA action to support consideration of people with disability in disasters

  1. To address the disproportionate impacts of disasters on people with disability, NEMA developed the Disability Inclusive Emergency Management (DIEM) Toolkit, in partnership with the University of Sydney. The DIEM Toolkit is designed to support application of nationally consistent disability inclusive emergency planning across all levels of government (NEMA 2025). The DIEM Toolkit provides principles and practical guidance for embedding disability inclusion across emergency planning, response, and recovery.

  2. The DIEM Toolkit was launched on 3 December 2024 following endorsement by the Australia-New Zealand Emergency Management Committee on 28 October 2024 and by the National Emergency Management Ministers’ Meeting on 15 November 2024. It was noted by the Disability Reform Ministerial Council on 1 November 2024. The Toolkit is supporting implementation of the government’s response to the Disability Royal Commission and of Australia’s Disability Strategy.

  3. To ensure effective communication with people living with disability in emergencies, NEMA is working with the DIEM Expert Advisory Panel (EAP) as part of preparations for the launch of the new National Messaging System (NMS). The NMS is a national emergency alert warning tool using cell broadcast technology that will replace the existing Emergency Alert system as the primary warning system nationally. It will be technically delivered by July 2026, with national implementation by October 2026.

a. A public awareness advertising campaign is also being developed and NEMA is also working with inclusivity communication consultants as part of the Department of Finance compliance requirements for of a national advertising campaign.

  1. As part of its administration of the National Emergency Management Stockpile (NEMS), NEMA has considered the functional support needs of people with disability and people with limited mobility.

a. The NEMS provides non-financial disaster response and relief support to states and territories (at their request) when their capabilities have been fully committed, by supporting the rapid deployment of critical disaster response and relief assets and resources.

b. For example, the Stockpile’s six semi-rigid emergency shelter camps include braille signage, sharps containers, accessible bathroom and laundry facilities, and essential assistive technology such as lifting hoists and mobile commodes. Each camp has at least four purpose-built accommodation huts which are wheelchair accessible and include heating, air conditioning and cooling (HVAC).

c. Additionally, each NEMS Panel tendering process has incorporated disability inclusions as a standard requirement where emergency goods, such as shelter and ablutions facilities would be used by community members.

Emergency management considerations in Australia’s Disability Strategy 2021-2031 (ADS)

  1. The ADS is Australia’s national disability policy framework, setting out how governments and stakeholders will work together over 10 years to improve the lives of people with disability by promoting their inclusion, participation, and rights in all aspects of Australian life (Department of Social Services 2024).

  2. The ADS is reflective of the objects of the DDA to eliminate discrimination against people with disability (Department of Social Services 2024).

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  1. All Australian governments – Commonwealth, state, and territory – have committed to the ADS’s vision and policy goals.

  2. Under the ADS’s Health and Wellbeing outcome area, policy priority 4 commits governments to ensuring that disaster preparedness, risk management plans and public emergency responses are inclusive of people with disability, and support their physical and mental health, and wellbeing (Department of Social Services 2024).

  3. Australia’s Targeted Action Plans (TAPs) under the ADS are focused plans that commit Australian governments to specific actions to improve outcomes for people with disability (Department of Health, Disability and Ageing).

  4. The Emergency Management Targeted Action Plan (EMTAP) 2021-2024 outlined key actions for improving the outcomes of people with disability affected by national emergencies.

  5. Key outcomes of the EMTAP included strengthened co-design practices, improved accessibility of emergency communications, and the development of national tools to embed disability inclusion in emergency management systems. The release of the DIEM Toolkit was also a major outcome of the EMTAP.

Convention on the Rights of Persons with Disabilities (CRPD), Article 11

  1. Australia ratified the CRPD in 2008. Article 11 of the CRPD addresses disasters and emergency management as follows:

States Parties shall take, in accordance with their obligations under international law, including international humanitarian law and international human rights law, all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters (United Nations Convention on the Rights of Persons with Disability 2006).

  1. In 2009, Australia amended the DDA to, among other things, recognise and give effect to the CRPD (Disability Discrimination Act 1992, s 12(8)(ba)).

  2. The DDA has sections which are potentially applicable to disaster and emergency management, which reflect the broader intent of Article 11 of the CRPD.

a. For example, section 23 (access to premises) could apply to an evacuation centre, section 24 (goods, services and facilities) could apply to support services provided during and after a disaster, and section 25 (accommodation) could apply to many forms of post-disaster temporary accommodation.

  1. The DDA does not contain any specific protections against discrimination in disasters.

  2. There is no commentary on or related to Article 11 in the explanatory memorandum (Explanatory Memorandum, Disability Discrimination And Other Human Rights Legislation Amendment Bill 2008), bill digest (Tomaras and Pyburne 2009), the Minister’s second reading speech (Commonwealth 2008) or the report of an inquiry into the bill by the Senate Stranding Committee on Legal and Constitutional Affairs (2009). The report of Joint Standing Committee on Treaties which considered the CRPD prior to Australia’s ratification of the CRPD also does not make reference to Article 11 (Joint Standing Committee on Treaties 2008).

  3. In 2012, the United Nations Committee on the Rights of Persons with Disabilities (the Committee) noted concerns about Australia’s approach to Article 11 in its Concluding Remarks on all three of Australia’s periodic reports on CRPD implementation. In its remarks on Australia’s Initial Report, the Committee stated:

The Committee notes with concern that despite the adoption of emergency response and mitigation plans at the local and state levels, disability needs are often not explicitly factored into disaster response measures, and that there are as yet no specific measures in national plans to address

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emergency intervention strategies for persons with disabilities (UN Committee on the Rights of Persons with Disabilities 2013).

  1. In 2019, the Committee re-iterated these concerns in its remarks on Australia’s Combined Second and Third Periodic Reports, adding that “the effects of climate change contribute to exacerbating inequality and vulnerability among persons with disabilities” and calling for nationally consistent emergency disability-specific and disability inclusive management standards, as well as engagement with organisations of persons with disability on implementation of the Sendai Framework for Disaster Risk Reduction 2015-2030 (the Sendai Framework) (UN Committee on the Rights of Persons with Disability 2019).

  2. Australia, along with other UN Member States, agreed to the Sendai Framework in 2015 (Department of Foreign Affairs and Trade). The Sendai Framework calls for a “more people-centred preventative approach to disaster risk”. This approach places the person and their needs at the centre of responsive disaster management (UNDRR).

Consideration of Article 11 of the CRPD in the DDA

  1. NEMA recommends that consideration be given to incorporate the protections and obligations related to disasters from Article 11 of the CRPD into the DDA. This would help to translate Australia’s international obligations to protect and ensure the safety of people with disability in disasters into domestic law, establishing a clear legal obligation for inclusive emergency planning and response.

  2. Consideration of Article 11 in the DDA would also help to build alignment between anti-discrimination measures taken in emergency management with other areas included within the Act, including access to premises, goods, services and facilities, and accommodation, reinforcing protections for people with disability. The potential for discrimination against people with disability in relation to these areas can be heightened in emergencies.

  3. Integration of Article 11 into the DDA would support strengthening the legal foundation of disability inclusive disaster risk reduction (UNDRR 2022). It would provide opportunities to strengthen implementation measures to reduce disaster risk for people with disability in alignment with the Sendai Framework.

  4. Embedding Article 11 into the DDA would also help to operationalise national policy commitments under the ADS, including supporting implementation of policy priority 4, and aligning with the ADS’s principle of protecting, respecting and fulfilling human rights.

  5. This would also help to provide a legal basis for addressing failures in emergency planning and response identified through the Disability Royal Commission.

  6. Regarding the Review’s consideration of the inclusion of positive duty in the DDA, the requirement of duty holders to take reasonable and proportionate measures to eliminate, as far as possible, discrimination against people with disability in the context of disasters would help to strengthen protections for them. A positive duty to require measures to eliminate discrimination in emergency planning and preparedness, could help to reduce harm to people with disability in disasters and ensuring consideration of their needs in advance of disaster events.

  7. The Review is examining the potential expansion of the proposed stand-alone duty to provide adjustments beyond the current scope of the current DDA. Consideration could be given to whether this could encompass emergency and disaster scenarios where individuals with disability may encounter inaccessible environments, such as evacuation centres. Proactive planning for accessibility has the potential to significantly enhance outcomes for people with disability during disaster events.

  8. As disaster risk increases, so too does the imperative to ensure that people with disability are not left behind in times of crisis. Strengthening the DDA helps to build a truly inclusive, resilient, and future-ready emergency management framework for all Australians.

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References:

Australian Climate Service (2025) Australia’s National Climate Risk Assessment Report, https://www.acs.gov.au/pages/national-climate-risk-assessment, accessed 8 October 2025.

Australian Government (2024) Emergency management Targeted Action Plan 2021-2024, https://www.disabilitygateway.gov.au/document/3181, accessed 7 October 2025.

Commonwealth 2008, Parliamentary Debates, House of Representatives, 3 December (Robert McClelland, Attorney-General), https://www.aph.gov.au/binaries/hansard/reps/dailys/dr031208.pdf

Department of Foreign Affairs and Trade, Disaster Risk Reduction and Resilience, https://www.dfat.gov.au/development/topics/development-issues/building-resilience/drr/disaster-risk-reduction-and-resilience (accessed 29 September 2025).

Department of Health, Disability and Ageing, “Key actions under the Strategy”, Disability Gateway, https://www.disabilitygateway.gov.au/ads/key-actions-strategy#taps (accessed 8 October 2025).

Department of Social Services (2024) “2024 update: Building a more inclusive Australia. Australia’s Disability Strategy 2021-2031”, Disability Gateway, https://www.disabilitygateway.gov.au/document/11081 (accessed 8 October 2025).

Disability Discrimination Act 1992.

Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008, explanatory memorandum circulated by the Attorney-General Hon Robert McClelland MP.

Joint Standing Committee on Treaties (2008) Report 95: Treaties tabled on 4 June, 17 June, 25 June and 26 August 2008, pp 5-23.

Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (2020) Issues Paper: Emergency planning and response, https://disability.royalcommission.gov.au/publications/emergency-planning-and-response

NEMA (2025) “Disability inclusive emergency management”, https://www.nema.gov.au/our-work/resilience/diem, accessed 10 October 2025.

Senate Standing Committee on Legal and Constitutional Affairs (2009) Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 [Provisions], https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Completed_inquiries/2008-10/disability_discrimination/report/index

Tomaras J and Pyburne P (2009) Bills Digest: Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008, 2 February, 87(2008-09), Parliamentary Library, Department of Parliamentary Services, Canberra.

UN Committee on the Rights of Persons with Disability (2019) Concluding observations on the combined second and third periodic reports of Australia, 15 October, CRPD/C/AUS/CO/2-3, [22]-[23].

UN Committee on the Rights of Persons with Disabilities (2013) Concluding observations on the initial report of Australia, CRPD/C/AUS/CO/1, 21 October, [22]-[23] p 3.

United Nations Convention on the Rights of Persons with Disabilities (2006), https://www.ohchr.org/en/hrbodies/crpd/pages/conventionrightspersonswithdisabilities.aspx

UNDRR (2022) Persons with disabilities in situations of risk: A scoping study on Article 11 of the Convention on the Rights of Persons with Disabilities, https://www.undrr.org/media/85105, accessed 13 October 2025.

UNDRR, “What is the Sendai Framework for Disaster Risk Reduction, https://www.undrr.org/implementing-sendai-framework/what-sendai-framework#:~:text=The%20Sendai%20Framework%20focuses%20on%20the%20adoption,risk%2C%20reduce%20existing%20risk%20and%20increase%20resilience.”, (accessed 7 October 2025)

Villeneuve M (2019) ‘Increasing involvement of people with disability’ Australian Journal of Emergency Management, 34(4): 16-17.

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