NDIA Accountability Project

Addressing systemic discrimination faced by Anangu with disabilities

‹ PrevPage 1 of 5 · Source p. 1Next ›

Ngaanyatjarra Pitjantjatjara Yankunytjatjara Women’s Council

Submission from

Ngaanyatjarra Yankunytjatjara Pitjantjatjara Women’s Council (NPYWC)

Review of the Disability Discrimination Act

Introduction

The Ngaanyatjarra Yankunytjatjara Pitjantjatjara Women’s Council (NPYWC) is an Aboriginal-led organisation governed by a Board of elected Anangu women from across the NPY Lands. The NPY Lands is one of the most remote regions in Australia; it is estimated to have up to twice the rate of disability as the national average.

We welcome the review of the Disability Discrimination Act (DDA); it is a vital piece of legislation in need of updating to more accurately provide protection for people with disabilities. In 2023-24 43% of complaints lodged with the Human Rights Commission were made under the Disability Discrimination Act. Addressing reform of the DDA should be undertaken alongside broader consultation and co-design with First Nations communities in the development and delivery of services.

Anangu with disability face individual and structural discrimination. They experience discrimination as isolated individual acts on an almost daily basis, but they are also impacted by more deep-seated, systemic discrimination. Systemic discrimination such as poverty, lack of culturally appropriate services, inaccessible buildings and transport also impact their lives daily. Housing, community spaces, and transport are not generally accessible for people with disabilities, this limits the participation of Anangu with disabilities in cultural, social, and community life. Services are often “fly-in/fly-out” and not tailored to local needs or culturally appropriate. Equipment provided is frequently unsuitable for the rugged terrain, and repairs can take months due to the isolation of communities.

NPY Women’s Council and the Tjungu Team

NPY Women’s Council delivers a range of services across the region, including youth programs, family support, advocacy, disability and aged care. The Tjungu Disability & Aged Care team work to support Anangu with disabilities and their Carers. ‘Tjungu’ means ‘working together’. Our work is grounded in respect for Anangu cultural values and building trust-based relationships.

Anangu communities maintain distinct cultural practices, traditional lifestyles, and language groups. Anangu with disabilities consistently express a strong desire to live on their traditional country, surrounded by family, culture, and community. However, they face significant and unique challenges:

  • Harsh Environment: The NPY Lands span vast, remote desert areas with extreme weather, poor road conditions, and limited transport infrastructure.
  • Poverty: Many Anangu experience chronic poverty. Meeting daily needs like food and shelter often takes precedence over disability-specific supports.
  • Limited Services: Communities are small and frequently have access to only one store and a basic health clinic. The closest regional centres may be hundreds or even thousands of kilometres away.

Anangu with disabilities face intersecting forms of cultural, racial, and disability discrimination. Current government systems often fail to reflect the lived realities of remote life and First Nations cultural norms.

Cultural Disconnect

NDIS “person-centred” service models often misunderstand or overlook Anangu worldviews. Key cultural values such as the importance of family, collective decision-making, and resource-sharing are frequently at odds with individualised care models. NDIS concepts such as “goals” often do not resonate in a cultural context where immediate survival needs and collective family wellbeing are priorities. The rigid, bureaucratic approaches do not reflect the fluid, relationship-based structures of kinship communities.

While the NDIS has brought positive change, its current structure poses major barriers for Anangu communities. NDIS plans are drafted in complex English, a language many Anangu do not speak fluently. The NDIA’s heavy reliance on written communication such letters, emails, and portals are incompatible with an oral culture with low literacy

redacted

rates. Additionally, there is a critical shortage of qualified interpreters across the NPY Lands.

The Trauma of Removal from Country

Due to the lack of local services and facilities, many Anangu with high support needs are forced to leave their home and community for care in regional or metropolitan centres. This causes profound distress and long-term harm. Displacement from country, family, and cultural practices leads to deep emotional distress, including depression, loneliness, and loss of identity. As one client said of her daughter in care, “She is forgetting who I am.” Ongoing contact with family is rare, due to high travel costs, logistical challenges, and lack of system navigation support.

Providing access to well-staffed, culturally safe accommodation on the NPY Lands would provide some respite for families, allow people to remain on country and enable “reverse respite” opportunities for those who currently live away from their community to return and reconnect with family, culture, and land.

Recommendations

We align with the recommendations of the Disability Royal Commission and support the modernisation of the DDA. We prioritise support for the following:

1. Update Language and Concepts

The language of the Act needs updating to ensure the Act aligns with the social model of disability and reflects the principles of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). The Act should be promoted across the NPY Lands in Anangu languages.

2. Shift the Burden of Proof

The complaints process should be reformed so that the person making a claim of discrimination need only prove that the discriminatory action occurred. The respondent would then bear the burden of proving that the action was not because of the person’s disability. This model is similar to the Fair Work Act and would better reflect the realities of power and access to evidence.

3. Introduce a Positive Duty to Prevent Discrimination

Embed a positive duty within the DDA that requires organisations to actively promote inclusive practices to prevent discrimination. This would shift the DDA from primarily a complaints instrument into an instrument for prevention. Thus, supporting the development of a culture that anticipates and removes barriers before harm occurs.

redacted

Reducing the onus for individuals to drive the complaints process would also make the process more equitable.

4. Ensure Equitable Access to Justice

First Nations people with disabilities are disproportionately negatively impacted by the justice system. The number of First Nations people with cognitive disability in custody, particularly youth detention, is a hidden national crisis. The DDA should contribute to ensuring that justice services are culturally safe and prevent discrimination. The justice sector needs to eliminate discrimination and promote preventative practices. Addressing the following areas would contribute to reducing discrimination for Anangu with disability:

  • Legal information should be provided in accessible formats including Easy Read and Anangu languages
  • People need access to interpreters
  • Training for police/officials to recognise and respond to “invisible” disabilities, such as Acquired Brain Injury (ABI)

Aboriginal people have a higher rate of contact with police than non-Aboriginal people, both as a victim and as offenders. Funding for police in remote communities is often high while there is very minimal funding for community-based mental health and disability services. This dire lack of disability support services in remote communities means police become default ‘case managers’ and people with disabilities are treated as offenders from a young age.

Greater understanding, accountability and community/police collaboration is urgently needed to build more positive approaches and alternatives to supporting Aboriginal people with mental and cognitive disabilities in remote communities.

5. Commit to Culturally Safe Services

Service delivery must be co-designed with First Nations people to ensure cultural relevance, efficacy and prevent discriminatory practices. Anangu voices must be central in shaping programs, policies, and legislation to ensure that services reflect lived realities and cultural values.

redacted

Conclusion

Reforming the Disability Discrimination Act is an essential step towards greater equality for Anangu with disabilities. The current legislation does not adequately protect against the compounded, systemic discrimination faced by Anangu living in remote communities. An updated DDA that includes updating the language used in the Act, shifting the burden of proof, introducing a positive duty, and improving understanding of disability in the justice sector will strengthen the DDA’s ability to promote and uphold the rights of people with disabilities. We urge government to act decisively on reforming the DDA.

redacted