Part 1 – Updating Understandings of Disability and
Discrimination
I support updating the definitions of “disability” and “discrimination” to use respectful, inclusive, and accessible language. The Act should also recognise intersectional discrimination, where people face disadvantage due to multiple factors, such as disability combined with gender, race, or age.
Aligning the Act with the Convention on the Rights of Persons with Disabilities would ensure consistency with international human rights standards and signal that Australia values inclusion and equality.
Example: I have seen people denied opportunities because their disability did not fit outdated definitions, or because decision makers misunderstood their needs. Modern definitions would prevent these barriers and allow people to participate fully.
Part 2 – Positive Duty to Prevent Discrimination
I strongly support introducing a positive duty for employers, schools, organisations, and service providers to actively prevent discrimination. Currently, people with disability often have to lodge complaints after discrimination occurs, which places the burden on them and prolongs disadvantage.
Organisations should take proactive steps to ensure inclusion, supported by guidance and enforceable standards. This would create safer, more equitable workplaces, schools, and services.
Example: I have seen employees navigate systemic barriers alone because proactive measures were not in place. A positive duty would shift responsibility onto organisations to prevent discrimination.
Part 3 – Encouraging Inclusion (Employment, Education,
Public Life)
The Act should clarify responsibilities around adjustments, including:
-
Using the term “adjustments” instead of “reasonable adjustments” to reflect that support is a standard expectation.
-
Ensuring dialogue between organisations and people with disability before making decisions.
-
Clarifying inherent requirements and unjustifiable hardship, so all reasonable options are considered before deciding an adjustment is not possible.
Educational institutions must not exclude or suspend students because of their disability. Clear rules will allow full participation in education, employment, and public life.
Example: I have seen students excluded from programs due to misunderstanding their needs, and employees face barriers when adjustments are not implemented. Clear obligations would prevent this.
Part 4 – Improving Access to Justice
Stronger protections are needed to address harassment, vilification, and offensive behaviour, including online. People with disability often face challenges navigating the justice system, and protections must extend to interactions with police and other authorities.
Example: Harassment and vilification, both online and in person, create stress and limit participation. Clear protections and enforcement would improve safety and inclusion.
Accessibility of Contracts and Legal Information
Access to justice also includes understanding legal rights and obligations, such as contracts, agreements, and product information. Many legal documents are dense and inaccessible, unintentionally discriminating against people with disability. For example, receiving a 90-page product or service pack can be impossible to read or fully understand without support. Updating
the DDA to require accessible, plain-language, and alternative format documentation would allow people with disability to meaningfully exercise their rights in workplaces, services, and daily life.
Part 5 – Exemptions
Exemptions under the Act should be reviewed to ensure they are only used when necessary. The special measures exemption and processes for temporary exemptions need clarification to prevent misuse.
Example: Ambiguous exemptions can allow organisations to avoid responsibility, leaving people with disability unprotected. Clear rules would ensure fairness and accountability.
Part 6 – Modernising the Act
The Act should clarify:
-
Assistance animals: Rules for certification, access, and responsibilities of organisations.
-
Disability Action Plans: How organisations can make them effective and enforceable.
-
Disability Standards: Compliance and reporting obligations for public spaces, transport, and education.
Example: Lack of clarity around assistance animals or accessibility plans creates barriers and inconsistency. Modernised provisions would support equitable access and participation.
Part 7 – Further Options for Reform
The Act should be:
-
Clear, concise, and easy to understand for people with disability and organisations.
-
Informed by lessons from other anti-discrimination laws.
-
Supported by guidance and training for organisations.
- Open to reforms reflecting lived experience and practical challenges.
Example: Simplifying language and providing clear guidance would make compliance easier and reduce unintentional discrimination.
Conclusion
I strongly support updating the Disability Discrimination Act to reflect contemporary understanding, proactive protections, and clear obligations for organisations. These changes are essential to promote inclusion, equality, and safety for people with disability.
I encourage the government to continue consulting with people with disability, families, carers, and advocacy groups to ensure reforms are meaningful, effective, and informed by lived experience.
Daniella Fraser
Author - Living in Sync