Carers Tasmania’s Submission to the
Review of the Disability Discrimination Act 1992
October 2025
About Carers Tasmania
Carers Tasmania is the Peak Body representing the more than 87,000 informal carers (hereafter carers) in the state.
Carers Tasmania’s vision is for an Australia that values and supports carers.
Our mission is to work to improve the health, wellbeing, resilience and financial security of carers and to ensure that caring is a shared responsibility of family, community, and government.
Our values drive everything we think, say, and do.
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Carers first – we listen to what carers need, commit to their desired action plan, and deliver results that matter most to carers
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Care in all we do – we care for our work, about each other, about Tasmania’s family and friend carers, and the bigger world we all share
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Integrity always – we are transparent, act ethically, own when things don’t go to plan and do what we say we will
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Quality every time – we don’t accept ‘good enough’ because carers deserve our very best every time
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Speed that matters – we are agile and don’t put off what can be done today. These values represent how we engage with and serve carers, how we work with each other, and our commitment to the broader community. Carers Tasmania encourages partnership with governments and health and community sectors to enhance service provision and improve conditions for family or friend carers through policy development, research and advocacy.
We acknowledge and support people of all genders, sexualities, cultural beliefs, and abilities and understand that carers in Tasmania, whilst sharing the common theme of caring for a family member or friend, are diverse individuals with varying beliefs, experiences, and identities. We value and respect the diversity of carers, their lived and living experiences, and recognise that carers are the experts in their own lives.
Carers Tasmania has offices in Moonah, Launceston and Burnie.
Please direct any enquiries about this response to:
Dr Samantha Fox
Chief Executive Officer
Phone: Email:
Carers Tasmania’s Submission to the Review of the Disability Discrimination Act 1992 2
Contents
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6. Conclusion Carers Tasmania’s Submission to the Review of the Disability Discrimination Act 1992 3
- Background Carers Tasmania is the Peak Body representing the more than 87,000 informal carers within the state.
A carer is a person who provides unpaid care and support to a family member, or friend, with disability, mental ill health, a chronic or life-limiting condition, alcohol or other drug dependence, or who is frail or aged. Informal kinship carers who care for a child under the age of 18, because the parent is unable to, are also recognised as carers. Carers are predominantly family members, but may also be friends, neighbours, or colleagues. Informal carers are not to be confused with paid support workers who are often called ‘carers’, with the difference being that support workers are fully employed and remunerated with all the benefits of employment. On the contrary, family and friend carers perform their caring duties without remuneration, other than minimal carer payments and allowances from the Australian Government.
In addition to representing carers through the Peak Body activities, Carers Tasmania provides support to carers living in Tasmania through its service delivery arm, Care2Serve. The Australian Government Carer Gateway program is delivered through Care2Serve in Tasmania, as are other supports and services, such as the Tasmanian Government’s Home and Community Care program.
Anyone may become a carer at any time. The likelihood of this occurring in Tasmania is high, with estimates showing that one in six people living in Tasmania is a carer. This proportion is higher than the national average. The Australian Bureau of Statistics Survey of Disability, Ageing and Carers (SDAC) revealed that there were 80,100 carers in Tasmania in 2018.1 By 2022, this figure had increased to more than 87,000.2
The Carer Gateway program provides a range of free services and supports for carers which are designed to build resilience and knowledge, increase wellbeing, improve quality of life, and sustain carers to effectively continue their caring roles. The available supports include the provision of information, advice and referrals, holistic identification of carer strengths and needs through a carer support planning process, professional counselling, peer support, and coaching which aims to support carers in achieving specific goals.
Care2Serve, through the Carer Gateway, has capacity to fund certain instances of planned, practical support services such as in-home respite, personal care, domestic assistance, and meal preparation. Care2Serve may also fund items such as laptops to assist carers who are studying or trying to enter the workforce. Care2Serve also coordinates the provision of emergency support during instances where a carer may be unable to provide the care that they usually do, resulting from unexpected illness or injury of the carer.
1 Australian Bureau of Statistics (2021). 44300DO006_2018 Disability, Ageing and Carers, Australia: Tasmania,
- Australian Bureau of Statistics. (abs.gov.au) 2 Australian Bureau of Statistics. (2022). Disability, Ageing and Carers, Australia: Summary of Findings, 2022. Australian Bureau of Statistics (abs.gov.au)
Carers Tasmania’s Submission to the Review of the Disability Discrimination Act 1992 4
- Introduction Carers Tasmania welcomes the opportunity to respond to the Australian Government’s review of the Commonwealth Disability Discrimination Act 1992 (the Act)3 and its Issues Paper.4 With ongoing and significant reforms occurring across the disability, education and broader community sectors, this review provides a timely opportunity to review the essential protections against discrimination for people with disability, their families and carers, and to ensure there is legislative alignment with other forms of applicable policy and legislation. The Act makes it unlawful to discriminate against a person because of their disability in areas such as employment, education, accommodation, and when accessing services in public.
Australia is home to more than three million people who provide unpaid care and support to others. In Tasmania, one in six people, or more than 87,000 are carers. The Commonwealth Carer Recognition Act 2010 defines carers as:
“A carer is an individual who provides personal care, support and assistance to another individual who needs it because that other individual:
(a) has a disability; or
(b) has a medical condition (including a terminal or chronic illness); or
(c) has a mental illness; or
(d) is frail and aged.” 5
Carer definitions vary across states and territories. For example, the Tasmanian Carer Recognition Act 2023, covers a broader range of carers, and defines carers as:
“Carer means a person who provides unpaid care and support to a family member, or friend, who –
(a) has disability; or
(b) has mental ill health; or
(c) has a chronic or life-limiting condition; or
(d) has alcohol or other drug dependence; or
(e) is frail or aged; or
(f) is a child, if the person is an informal kinship carer of the child.” 6
It is estimated there are 9,300 young carers aged under 25 years in Tasmania, and 391,300 nationally.7 Although young carers may not always be the primary carer of a person with disability, they must be acknowledged and supported for the contributions they make to
3 Commonwealth of Australia. (1992). Disability Discrimination Act 1992 (C2004A04426). Retrieved from https://www.legislation.gov.au/C2004A04426/latest/text 4 Attorney-General’s Department. (2025, August). Disability Discrimination Act 1992 Review: Issues Paper. Australian Government. https://www.ag.gov.au/sites/default/files/2025-08/DDA-Review-Issues-Paper.PDF 5 Commonwealth of Australia. (2010) Commonwealth Carer Recognition Act 2010. Federal Register of Legislation - Carer Recognition Act 2010. https://www.legislation.gov.au/C2010A00123/asmade/text 6 Tasmanian Government. (2023). Tasmanian Carer Recognition Act. https://www.legislation.tas.gov.au/view/pdf/asmade/act-2023-001/lh 7 Australian Bureau of Statistics. (2024). Disability, ageing and carers, Australia: Summary of findings, 2022. https://www.abs.gov.au/statistics/health/disability/disability-ageing-and-carers-australia-summary-findings/latest-release
Carers Tasmania’s Submission to the Review of the Disability Discrimination Act 1992 5
siblings and other family members with disability. It must also be recognised that they may face discrimination or other challenges due to supporting a person with disability.
Caring is unique for each person, and carers come from diverse circumstances. In Tasmania, more than 50% of carers identify as having some form of disability or significant health condition themselves.8 The Survey of Disability, Ageing and Carers (SDAC) 2022 has reported that of Australian primary carers, 43.8% identified as a person with disability.9
This submission draws on data from ongoing consultation and conversations with Tasmanian carers, as well as feedback from previous responses towards the development of the Tasmanian Disability Rights, Inclusion and Safeguarding Act 2024,10 and its former Tasmanian Disability Services Act 2011.11 The need to adequately define carers and ensure they are protected is highlighted, while also addressing other key areas of the Issues Paper.
- Defining, recognising, and protecting carers The Disability Discrimination Act (Cth) was introduced in 1992, which was prior to the enactment of the Carer Recognition Act 2010 (Cth). Over time, the Disability Discrimination Act has undergone minor amendments. Although the Act uses the term ‘carer’ it does not define it, which may lead to confusion between carers, paid support workers, and those with parental or guardian roles. Incorrect identification and poor carer recognition has potential to cause confusion. Carers NSW, in their 2024 National Carer Survey Report highlight that:
“Analysis of data from the 2020, 2022 and 2024 National Carer Surveys has shown that recognition is linked to better social connectedness, personal wellbeing, and reduced psychological distress among carers.” 12
The need to align legislation and related correspondence relevant to carers is highlighted in the National Carer Strategy Action Plan, which articulates commitments by the Australian Government on improving identification and recognition of carers (Commitment Two).13
The Review provides an opportunity to clearly articulate that a person with disability may also be a carer. Carers Tasmania has received feedback from carers with disabilities who have been viewed as incapable of providing adequate care to others or whose extra support requirements have not been considered. This results in frustration and limitations on full participation in society on an equal basis as others.
8 Carers Tasmania. (2025). https://carerstas.org/wp-content/uploads/2025/09/2024-National-Carer-Survey-Tasmanian-Results-.pdf 9 Australian Bureau of Statistics. (2024). Disability, ageing and carers, Australia: Summary of findings, 2022. https://www.abs.gov.au/statistics/health/disability/disability-ageing-and-carers-australia-summary-findings/latest-release 10 Carers Tasmania. (2023). Carers-Tasmania-Feedback-on-the-draft-Disability-Inclusion-Bill-2023-Tas.pdf 11 Parliament of Tasmania. (2011). Disability Services Act 2011 (Tas). https://www.legislation.tas.gov.au/view/html/inforce/2012-01-01/act-2011-027
12 Carers NSW (2025). 2024 National Carer Survey: Summary Report. Carers NSW, North Sydney. Online
available from www.nationalcarersurvey.com.au 13 Australian Government Department of Social Services. (2024). National Carer Strategy Action Plan. https://www.dss.gov.au/system/files/documents/2024-12/national-carer-strategyaction-planfinaldigital.pdf
Carers Tasmania’s Submission to the Review of the Disability Discrimination Act 1992 6
Carer comment:
“| care for my son who has multiple disabilities as well as ADHD. | also have ADHD
myself and it can be really challenging to stay on top of everything, especially managing multiple appointments. We both have NDIS plans and wouldn’t be able to manage them effectively without support coordination. ADHD is a highly heritable
condition, and | think many parents who have a child with ADHD probably have it
themselves.” ‘4
The Review of the Act must make discrimination of carers of people with disability unlawful. Carers often report they are judged, excluded, or seen as complaining, rather than being supported to help the person they care for in accessing equitable opportunities.
Carer comments:
“There’s a lot of judgement and stigma from other parents or people who just don’t understand. I’ve had to learn to deal with all of the comments and ‘unwanted advice’
that people give, for example, I’ve had people tell me | should just smack the kids or
discipline them better, I’ve had people tell me it’s due to the food they eat, it’s because they watch too much tv, it’s because we have raised them wrong, it’s because they are or aren’t vaccinated for certain things. The list goes on.” ’°
“There’s a lot of eye-rolling from other parents at the park, pool, or shops when my children are running around, shouting and being impulsive as others assume by their age they should act otherwise. It can be a lonely journey as it’s hard to find an understanding village. As for community access, my 10-year-old son got a complaint recently at football for shouting bad things at another child. It happens all the time
between school and community activities. | feel like I’m forever apologising and
explaining. He does not attend any community without an adult. So that’s no playdates without parents, no social community activities without parents.” ’®
“| find that the phone call prior receiving new plan is treated as “we'll tell you”, rather
than “we’ll consult with you.” Measures funded were ableist, inappropriate and unsuitable. E.g. Requiring ASD 9 yr old to travel 2 hrs return to ‘socialise’ with other ASD children. She would have melted down! Travel cost would have been prohibitive. She gets what she needs from reasonably priced online social groups through Outschool.” 1”
“| have had to stop working because of the high level of care needs of the kids. | will
be destitute when retiring because of this. | will never have secure housing. | have
ccs debts because that system is so screwed up they kick up debts | don't owe that |
have to pay off, and appeal for years before they’re addressed. I’ve fought off one
wrong debt and now they've kicked up another debt | don't owe. On top of trying to
manage and implement care plans and service providers for the kids, | have to argue
and compile files worth of proof | don't owe and was never meant to be charged for
services I’m supposed to be provided for free. And I’m grilled like a criminal and
expected to beg to be let off this money | owe, | never should have been charged for
14 Carers Tasmania. (2023). Carers-Tasmania-submission-on-the-Senate-Inquiry-into-ADHD-2023.pdf 18 Australian Government Department of Social Services. (2024). National Carer Strategy Action Plan.
https://www.dss.gov.au/system/files/documents/2024-12/national-carer-strateqyaction-planfinaldigital.pdf 15 Carers Tasmania. (2023). Carers-Tasmania-submission-on-the-Senate-Inquiry-into-ADHD-2023.pdf
16 Ibid. 17 Carers NSW, 2024: 2024 National Carer Survey. Unpublished data. Summary tables for Tas. Available upon
request {orn [a
Carers Tasmania’s Submission to the Review of the Disability Discrimination Act 1992 7
in the first place. Even though | have proof I’m told | need to beg to be let off this
debt. The treatment of people who have no choice but to rely on Centrelink is
abysmal. I'm treated like I'm a stain, | don't want to be doing this caring, this wasn't a
choice. | have no choice. | would rather be working and be able to afford food and
buy a house. | could have worked a high paying job. | still could but there's no
Support services to help me be able to work, as the kids care needs are too high and there’s no support for that.” ’®
“Carers already deal with so much in their day to day lives, the judgement from people on the community don’t help anything and feeling ostracised in the community is extremely isolating. Most carers are lonely people, and they deal with more than they should deal with. Finding employment with caring employers is near impossible. All of this affects the kids and it’s not fair no them.” 9
The 2024 National Carer Survey asked carers what would make them feel more recognised. The following is a snapshot of responses from Tasmanian carers.
Carer comments: “I would like the carer to be better recognised and their opinion better respected.” “Not having family criticism of my efforts.”
“Being listened to without hurdles to access what | believe to be necessary.”
“Not being seen by the community and the government and portrayed by the media as lazy and a drain on tax payers. Being paid my true worth and the same pay as paid carers.”
“By providing the support required without having to fight for 8 months to get it. The caring role is already so draining.” 7°
- Feedback on the Issues Paper Definition of disability
The Review provides a timely opportunity to update the definition of disability within the Act to ensure that it is contemporary, respectful, and inclusive. This definition must align with the social model of disability and be broad enough to encompass different forms of disability, especially those which are not as physically obvious, episodic, or not linear (e.g. neurodiversity and mental ill health).
Deficit-based language should be avoided where possible. The definition must not insinuate that a person has a problem. Rather, it should focus on the challenges experienced because society is not inclusive to individual differences in needs, perceptions, and abilities.
18 Carers NSW, 2024: 2024 National Carer Survey. Unpublished data. Summary tables for Tas. Available upon request {orn 19 Carers NSW, 2024: 2024 National Carer Survey. Unpublished data. Summary tables for Tas. Available upon
request from xa 20 Ibid.
Carers Tasmania’s Submission to the Review of the Disability Discrimination Act 1992 8
The current definition of disability in the Act is as follows:
“Disability, in relation to a person, means:
(a) total or partial loss of the person’s bodily or mental functions; or
(b) total or partial loss of a part of the body; or
(c) the presence in the body of organisms causing disease or illness; or
(d) the presence in the body of organisms capable of causing disease or illness; or
(e) the malfunction, malformation or disfigurement of a part of the person’s body; or
(f) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or
(g) a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour;
and includes a disability that:
(h) presently exists; or
(i) previously existed but no longer exists; or
(j) may exist in the future (including because of a genetic predisposition to that disability); or
(k) is imputed to a person.
To avoid doubt, a disability that is otherwise covered by this definition includes behaviour that is a symptom or manifestation of the disability.” 21
The current definition of disability is quite broad in terms of the types of disability covered. The new definition must continue to recognise the variance in the human condition, and the importance of understanding that through the lens of the social model of disability, individual differences are disabling when interactions with other people, processes, and places are not inclusive, understanding, or safe.
Carers Tasmania highlights the definition of disability used in the recently enacted Tasmanian Disability Rights, Inclusion and Safeguarding Act 2024:
“Disability, in relation to a person, includes long-term physical, mental, cognitive, intellectual or sensory impairments which in interaction with various barriers may hinder the person’s full and effective participation in society on an equal basis with others.” 22
This definition does not use the terms malfunction, disturbed behaviour, malformation, or disfigurement, as per the current definition within the Act, however, it could be modified further to ensure that the wording is not stigmatising.
21 Commonwealth of Australia. (1992). Disability Discrimination Act 1992 (C2004A04426). Retrieved from https://www.legislation.gov.au/C2004A04426/latest/text 22 Parliament of Tasmania. (2024). Disability Rights, Inclusion and Safeguarding Act 2024 (Tas). https://www.legislation.tas.gov.au/view/pdf/asmade/act-2024-021/lh
Carers Tasmania’s Submission to the Review of the Disability Discrimination Act 1992 9
For example:
Disability, in relation to a person, includes episodic, temporary, or long-term physical, mental, cognitive, intellectual, social, or sensory differences, which in interaction with various barriers may hinder the person’s participation and/or behaviours in society on an equal basis with others.
This could be followed by an additional explanatory clause recognising that a person with disability may also be caring for another person.
Burden of proof and process to prove direct discrimination
Carers Tasmania supports recommendations on updating the requirements for proving that a person with disability has experienced discrimination. In other anti-discrimination legislation, (such as that by the Fair Work Commission) the onus (reverse onus) is placed back onto the person who allegedly perpetrated the discrimination (duty holder). Currently, the Act requires applicants to prove their disability and show evidence detailing their experience of discrimination. They also must prove that their suffering was due to their disability. There is no responsibility for a person to prove they did not discriminate.
When making a complaint about direct discrimination, the Act requires the applicant to prove they were treated less favourably than someone in a similar situation who does not have disability. This is known as the comparator test. According to the Issues Paper:
“The comparator may be real or hypothetical. One of the difficulties is that in many cases it is quite hard to identify a real person that can serve as a comparator. The applicant and the courts would then need to create a comparator that is entirely hypothetical, which is a complicated and technical task.” 23
Meeting the current burden of proof requirements can be challenging for a person with disability or their carer. They may be unaware of their rights, lack confidence or experience in lodging a complaint, or feel unsafe advocating. It can be especially challenging for a person or their carer to demonstrate that a duty holder’s actions were influenced by the individual’s disability, particularly when they lack access to all the information behind the decision or treatment.
The proposed changes would reduce the pressure experienced by people with disability and their carers, and instead place this responsibility back onto the respondent, requiring them to prove they did not discriminate.
To address the challenges experienced by people with disability and their carers in providing these forms of proof, Carers Tasmania supports the recommendations that the focus should be on the unfavourable treatment or detriment that the person with disability has faced, and that the comparator test requirement be removed. In addition, Carers Tasmania supports the recommendation that the Act be amended to include a reverse onus, so that the respondent would need to prove that the reason for their treatment of the person with disability was not because of the person’s disability.
23 Attorney-General’s Department. (2025, August). Disability Discrimination Act 1992 Review: Issues Paper. Australian Government. https://www.ag.gov.au/sites/default/files/2025-08/DDA-Review-Issues-Paper.PDF
Carers Tasmania’s Submission to the Review of the Disability Discrimination Act 1992 10
Carers Tasmania supports the amendments outlined in the table below as provided in the Issues Paper:
Table 1: Current definition of direct discrimination and proposed changes (p.30)**
wg: Disability Royal Commission
re Sheba recommendation / proposed changes
Elements of direct ||" Less favourable treatment * Unfavourable treatment (no comparator
discrimination (comparator) test)
- Causation * Causation
- The applicant must show facts * The applicant must show facts and and circumstances of the detriment||circumstances of the detriment they
hey suffered. suffered.
-
The applicant must show that * The applicant must show that they are a hey are a person with disability. person with disability.
- The applicant must show that the ||“ The respondent must show that the
detriment they suffered was detriment the applicant suffered was not because of their disability. because of their disability.
Burden of proof
Reasonable adjustments
Currently, the Act includes a clause under the description of indirect discrimination about reasonable adjustments:
“A requirement or condition that disadvantages people with disability but is reasonable in the circumstances, is not indirect discrimination (reasonableness element). Additionally, it is an exception to indirect discrimination if avoiding the discrimination would impose an unjustifiable hardship on duty holders. Therefore, the duty holder must prove that the requirement or condition was reasonable and/or that avoiding the discrimination would present an unjustifiable hardship.”
The Disability Royal Commission recommended removing the reasonableness element and focusing consideration on only the exception of unjustifiable hardship.” Carers Tasmania is supportive of this approach, which aims to increase protections for people with disability and their carers, in that a person or entity can currently say that a request or requirement is not a reasonable adjustment for them to make. Any adjustment required for a person with disability to assist them in participating on an equal basis with others, should not be judged as reasonable or unreasonable, rather it should be considered as simply an adjustment.
24 Attorney-General’s Department. (2025, August). Disability Discrimination Act 1992 Review: Issues Paper. Australian Government. https://www.ag.gov.au/sites/default/files/2025-08/DDA-Review-Issues-Paper.PDF
25 Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. (2023). Final report (Vols. 1-12). Australian Government. https://disability.royalcommission.gov.au/publications/final-report
Carers Tasmania’s Submission to the Review of the Disability Discrimination Act 1992 11
Positive duty to eliminate discrimination
The Disability Royal Commission recommended introducing a positive duty requirement for all duty holders, including public and private sector entities.26 This intends to shift the emphasis from a reactive, complaints-based model to one where duty holders are required to proactively assess their compliance with their obligations and ensure people with disability are not being subjected to discrimination. A positive duty would require the duty holder to take reasonable and proportionate measures to eliminate, as far as possible, discrimination against people with disability and would enable the Australian Human Rights Commission to take action if the duty holder is not taking appropriate steps to address discrimination. The size of a duty holder’s business or operations, and resources, would be considered when determining whether a measure is reasonable and proportionate.
Carers Tasmania supports the recommendation of introducing a positive duty, whereby duty holders will have obligations to ensure people with disability are not subject to discrimination or harassment. This will further increase safeguards for people with disability and their carers. In recent years, a range of federal, state, and territory laws have introduced positive duty requirements. Positive duty provisions now exist in the Anti-Discrimination Act 1992 (NT), Discrimination Act 1991 (ACT), and the Equal Opportunity Act 2010 (Vic). Aligning relevant legislative requirements around different forms of discrimination is an addition that would make processes and rights more easily understood.
A positive duty to prevent discrimination must be upheld by all leaders, decision makers, employees, and volunteers across the public domains that the Act covers.
Improving the complaint mechanisms
In addition to advocating for positive duty requirements, Carers Tasmania recommends streamlining complaint processes, increasing community awareness, and enhancing marketing and communication of available supports. These measures aim to assist people with disability and their carers in understanding and confidently navigating the complaints process. It is imperative that individuals with disability and their carers receive appropriate information and relevant referrals while their complaints are under review.
The Issues Paper stated that the Australian Human Rights Commission consistently receives more complaints under the Disability Discrimination Act than any other anti-discrimination legislation, with 43% of complaints received by the Australian Human Rights Commission in 2023–2024 being about disability discrimination.27 However, barriers may exist for some people in understanding rights and the complaint processes.
26 Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. (2023). Final report (Vols. 1–12). Australian Government. https://disability.royalcommission.gov.au/publications/final-report 27 Attorney-General’s Department. (2025, August). Disability Discrimination Act 1992 Review: Issues Paper. Australian Government. https://www.ag.gov.au/sites/default/files/2025-08/DDA-Review-Issues-Paper.PDF
Carers Tasmania’s Submission to the Review of the Disability Discrimination Act 1992 12
Intersectionality
The Issues Paper recognises that individuals can face discrimination due to overlapping or intersecting characteristics. Carers Tasmania advocates for more explicit consultation on potential changes to the Act to ensure intersectional discrimination is properly identified and addressed, providing stronger protections for people with disability and their carers who have multiple intersecting identities. As noted previously, one intersecting attribute could be that a person with disability is a carer, or vice-versa. The Act and its procedures must ensure that all individuals with disabilities, as well as their carers, are able to report concerns or complaints regarding discrimination in a manner that is safe, trauma-informed, and effective, irrespective of their diverse characteristics.
Mandate the removal of exclusionary processes
Carers Tasmania supports the need to mandate the removal of exclusionary processes, including suspensions, for children with disability within schools and outside school hours care. Exclusionary processes impede not only on the rights of people with disability, but they also impact the human rights of carers, especially their ability to participate in employment, education, self-care, rest, or social activities.
As outlined in the Universal Declaration of Human Rights:
e “Article 23 1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.”
e “Article 24: Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay,” and
e “Article 27: Everyone has the right freely to participate in the cultural life of the community.” 8
Recent data from the Australian Bureau of Statistics, Survey of Disability, Ageing and Carers, reports that 5.7% of children aged up to four years old, and 13.5% of children aged between five and fourteen years old have disability. For those aged fifteen to twenty-four years, the rate of disability is 13.9%.”° Intellectual and sensory or speech disabilities are reported as the most prevalent types among children.° In addition, these rates of disability were significantly higher for males than females across various age groups.’ However, emerging research shows there is a greater tendency for females to be undiagnosed in comparison to males (especially in Autism and ADHD) due to an increased tendency to mask.°239
28 UN General Assembly. (1948). Universal declaration of human rights (217 [Ill] A). Paris. Universal Declaration
of Human Rights | United Nations
2° Australian Bureau of Statistics. (2024). Disability, Ageing and Carers, Australia: Summary of Findings, 2022 |
Australian Bureau of Statistics (abs.gov.au)
30 Australian Institute of Health and Welfare. (2020). Australia’s Children. https://www.aihw.gov.au/getmedia/6af928d6-692e-4449-b915-cf2ca946982f/aihw-cws-69-print-report.pdf.aspx?inline=true
31 Australian Institute of Health and Welfare. (2020). Australia’s Children. https://www.aihw.gov.au/getmedia/6af928d6-692e-4449-b915-cf2ca946982f/aihw-cws-69-print-report.pdf.aspx?inline=true
32 Wood-Downie H, Wong B, Kovshoff H, et al. Sex/gender differences in camouflaging in children and adolescents with autism. J Autism Dev Disord. 2021;51(4):1353-64. doi:10.1007/s10803-020-04615-z.
33 Young S, Adamo N, Asgeirsdottir BB, et al. Females with ADHD: An expert consensus statement. BMC Psychiatry. 2020;20(1):404. doi:10.1186/s12888-020-02707-9.
Carers Tasmania’s Submission to the Review of the Disability Discrimination Act 1992 13
Tasmania has a high rate of children and young people with disability in comparison to the national average.> Across the State, concerns have been raised about the high number of suspensions in Tasmanian schools, particularly for children with disability. The Tasmanian Department for Education Children and Young People (DECYP) student engagement and participation data indicated that the attendance rate for public schools was 85.7% at end of Term 2, 2024 for students in Prep to Year 10. Additionally, by the end of Term 2 in 2024, 4.9% of public school students from Prep to Year 12 had received suspensions. The highest suspension rates occurred at the high school level, ranging from 11% to 14.2%, with lower figures observed in Years 11 and 12. The data also showed that 0.8% of Prep students had been suspended. Some of these children may have been as young as five years old.°
In 2023, the proportion of public school students suspended was 7.9%.°“ In 2022, this percentage was 6.3%°° and included more than 60 children in Prep and eight children in Kindergarten.°? Data has revealed Tasmanian students with disabilities were the subject of approximately 30% of all school suspensions in 2022 and 2023.*° 41
Despite inclusion policies and procedures, many children with disability or additional needs are not supported effectively at school. Frequently, they lack adequate learning supports or necessary adjustments, which makes it challenging for them to navigate the school system. Consequently, children with disabilities are often sent home or suspended from school more frequently. Research shows that the occurrence of frequent suspensions can lead to long lasting impacts on educational and personal outcomes for young people.*” ° Recurrent exclusions and suspensions may also play a role in poor attendance and the increase in ‘school can’t, as well as transitioning from mainstream schooling to homeschool.
In addition to the negative impacts of school exclusion on children and young people with disability, there are wider-reaching impacts on the parents and carers of those children, on their social connection, time for self, personal wellbeing, their employment opportunities, and financial security, with long-lasting impacts on the whole family unit. Therefore, strengthening mechanisms to prevent exclusion and suspension of children with disability is essential, not only for children, but also for their carers.
34 Commissioner for Children and Young People (Tasmania). (2022). Health and wellbeing of Tasmania’s children, young people and their families report. Hobart, TAS: Commissioner for Children and Young People Tasmania. Retrieved from https://childcomm.tas.gov.au/wp-content/uploads/2022/11/Health-and-Wellbeing-of-Tasmanias-Children-Young-People-and-their-Families-Report.pdf
36 Australian Bureau of Statistics. (2023). Children and young people with disability, 2022. (Catalogue No. 4430.0). Canberra, ACT: Australian Bureau of Statistics. Retrieved from https://www.abs.gov.au/articles/children-and-young-people-disability-2022
36 Tasmanian Government. Department for Education, Children and Young People. (2024). Student engagement and participation data - Department for Education, Children and Young People (decyp.tas.gov.au)
57 Ibid.
38 Ibid.
39 Inglis, R. (2023). School figures cause alarm. Retrieved from https://edition.pagesuite.com/popovers/dynamic_article popover.aspx?artquid=6fb 7/Ofe3-6227-4878-a1cd b6c47526392a
4° The Educator. (2023). Children with disability being suspended at alarming rate — new data | The Educator
K/12 (theeducatoronline.com)
41 The Examiner. (2023). Labor highlights high suspension rate for Tasmanian students with disabilities | The
Examiner | Launceston, TAS
42 Rudolph, S., Isbester, S., Payne, A.L. et al. Understanding school discipline and exclusion in Australia: key issues. Aust. Educ. Res. 52, 1509-1527 (2025). https://doi.org/10.1007/s13384-024-00773-6
43 Tippett, N., Sullivan, A., Manolev, J., Johnson, B., & Down, B. (2025). How policies of school exclusion frame practice: A comparative analysis of Australian state education policies. The Australian Educational Researcher. Advance online publication. https://doi.org/10.1007/s13384-025-00863-z
44 Carers Tasmania. (2023). Carers-Australia_Response-to-Inquiry-into-School-Refusal_March-2023.pdf
Carers Tasmania’s Submission to the Review of the Disability Discrimination Act 1992 14
In addition to legislative amendment, although out-of-scope of the Review focus, equitable funding models, adequate resourcing, and additional training and support for schools and other educational institutions, is a priority area that needs to be addressed.
Carer comment:
“My son really wants to be at school, but he is ‘in the too-hard basket’. He is only 7 and has both Autism and ADHD and the school just don’t have the skills and resources to support him. He is frequently sent home and even suspended, suspended at the age of 7! He really wants to be there, and he deserves that opportunity. This is seriously affecting my mental health, I feel belittled, powerless, and so anxious. Not to mention how my son feels.” 45
The need for clear and accessible Information
It is vital that people with disability, their carers, and duty holders have a clear understanding of their rights and responsibilities under the revised Act. The Issues Paper highlights this need and proposes the development of public guidance materials such as guidelines, webpages, and other accessible formats.
Carers Tasmania recommends that these resources are co-designed in partnership with a diverse range of people with disability, their carers, and duty holders to ensure they are relevant and effective. Information needs to be easy to access using different formats, such as brochures, apps, videos, and online resources. These materials must be actively promoted and widely distributed, so people can easily find and use them.
Additional feedback
Carers Tasmania recommends including early childhood and outside school hours care under the definition of educational institution. Although the Disability Standards, particularly the Disability Standards for Education, are out-of-scope for this Review, there has been discussion on implementing this change to that standard. Broadening the definition of educational institution in the revised Act will increase the safeguards for children with disability across a wider variety of educational institutions.
- Recommendations Carers Tasmania supports the implementation of the relevant recommendations from the Disability Royal Commission, in addition to increasing the identification and supports for carers. These changes to the Disability Discrimination Act will increase safeguards for people with disability and their carers against discrimination.
We recommend the following changes to the Act:
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Amend the definition of disability in line with the social model of disability, ensuring it is broad enough to encapsulate the diverse range of disabilities.
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Define carers as per the Carer Recognition 2010, acknowledging that states and territories may have a broader remit of carers.
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Recognise young carers.
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Strengthen processes for the identification and referral of carers.
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Recognise that people with disability may also be carers.
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Make discrimination against carers of people with disability unlawful. 45 Carers Tasmania. (2023). Carers-Tasmania-submission-on-the-Senate-Inquiry-into-ADHD-2023.pdf
Carers Tasmania’s Submission to the Review of the Disability Discrimination Act 1992 15
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Remove the word ‘reasonable’ from reasonable adjustment.
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Introduce a reverse onus of proof for claims about discrimination.
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Implement a positive duty to eliminate discrimination.
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Consult further on the amendments in relation to intersectional discrimination.
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Mandate non-exclusionary processes, including suspensions in schools.
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Enhance complaint procedures by raising public awareness, offering guidance for navigating the process, and making sure people with disabilities and their carers receive adequate support during the entire complaint process.
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Provide clear and accessible information about discrimination, rights, and complaints mechanisms in a range of formats that has been co-designed.
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Include early childhood and outside school hours care under the definition of educational institution.
- Conclusion Carers Tasmania thanks the Australian Government for the opportunity to contribute to the review of the Disability Discrimination Act 1992 (Cth) and its Issues Paper. This review comes at a critical time, as Australia continues to progress significant reforms across disability, education, and boarder community service systems. The Act must remain a strong, contemporary, and inclusive safeguard that upholds the rights of people with disability and recognises the vital role of unpaid carers in enabling those rights to be realised.
Carers continue to experience exclusion, misunderstanding, and discrimination, often as an extension of the discrimination faced by the person they support. Clear recognition and protection of carers within the Act is essential to reflect the diversity of caring relationships and to ensure that both people with disability and their carers can participate fully and equally in society.
Carers Tasmania strongly supports a modernised definition of disability that aligns with the social model of disability, the introduction of a positive duty to eliminate discrimination, a reverse onus of proof to strengthen accountability, and the explicit inclusion of carers within the Act and as a protected group. These reforms will contribute to a fairer, more inclusive Australia, where the rights and dignity of people with disability, and the carers who support them are clear and upheld. We trust that you will thoughtfully consider our feedback and recommendations.
Carers Tasmania’s Submission to the Review of the Disability Discrimination Act 1992 16