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The Disability Discrimination Act 1992 (Cth) (DDA) is currently under review. The DDA is Australia’s federal anti-discrimination law protecting people with disability from discriminatory treatment in work, education, services, housing and public life.
The review of the 33-year-old legislation responds to recommendations from the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission), which called for stronger, modernised protections, aligned with Australia’s international human rights obligations. These recommendations were accepted in principle by the Australian Government, and the current review is considering how to put them into practice.
As part of the review, the Australian Government has released an Issues Paper outlining key areas where the DDA could be updated and seeking feedback on possible options for reform. The date for feedback has been extended until Friday 14 November, so now is the time to have your say on the proposed reforms (Learn more: Disability Discrimination Act Review- Attorney-General’s Department).
Why the DDA matters to providers
The DDA has a broad application, including how organisations both employ and provide services to people with disability. It affects every part of a provider’s business: recruitment, workplace culture, accessibility, communication and how services are designed and delivered. The DDA also protects people who are connected with a person with disability (such as family members or carers) from discrimination based on that association.
For NDIS service providers, the DDA works alongside obligations under the NDIS Act, Practice Standards and Code of Conduct.
Disability discrimination can take many forms, like for example:
- A provider advertises for a support worker role and requires all applicants to complete an online written test. A candidate with dyslexia requests the test in an alternative, accessible format, but the online recruitment system has no process to consider adjustments.
- A provider requires new clients to complete an online registration form within 48 hours of receiving a link or risk losing their place on the waitlist. However, the online system is not compatible with screen-reader technology and no alternative format or support is offered.
These examples show that discrimination is often not deliberate. It can result from systems and policies that were not specifically designed to be inclusive.
Emerging direction for reform
The review is exploring several reforms that could affect how providers operate.
Positive duty to eliminate discrimination
The Disability Royal Commission recommended introducing a positive duty requiring organisations to take active steps to eliminate all forms of discrimination and harassment before they occur. This represents a shift from responding to complaints after harm has happened to building systems that identify and remove barriers in advance.
The Issues Paper explores how such a duty could work in practice. It draws on recent reforms to the Sex Discrimination Act, which introduced a similar duty to prevent sexual harassment. These reforms have spurred organisations to give greater attention to preventive frameworks, including visible commitments from boards and executives, regular risk assessments and ongoing monitoring.
A positive duty would not expect every organisation to act in the same way. Obligations would be reasonable and proportionate to the size, nature and resources of each provider. However, all providers would be expected to demonstrate proactive efforts to eliminate discrimination. In practice, this could look like conducting regular discrimination risk assessments or working to ensure all programs are based on universal design.
Legal experts and disability representative organisations have also called for the duty to include a requirement to consult with people with disability when identifying risks and designing responses.
Standalone duty to provide adjustments
Under the current DDA, to avoid discrimination, organisations must make “reasonable adjustments” for people with disability unless doing so would cause “unjustifiable hardship.” The Royal Commission found that many people with disability continue to face barriers to getting adjustments and that responsibility often falls on individuals to request changes rather than on organisations to anticipate and provide them.
The Royal Commission recommended two key changes:
- replacing the term “reasonable adjustments” with “adjustments” to clarify that the duty applies whenever an adjustment is needed, rather than being limited by subjective assessments of what is “reasonable.”
- creating a standalone duty making it unlawful to fail or refuse an adjustment unless doing so would cause unjustifiable hardship.
This would shift the focus from whether discrimination occurred to whether adjustments were made, creating a clearer and stronger framework that applies across all settings, including service delivery.
For service providers, this would likely mean more explicit requirements to take timely action and document how adjustments are identified, implemented and reviewed.
Stronger enforcement powers for the AHRC
At present, potential incidents of discrimination are only investigated if someone makes a complaint. The Issues Paper notes that many stakeholders view the DDA as lacking enforcement power. It raises options to strengthen the role of the Australian Human Rights Commission (AHRC) by giving it clearer authority to investigate systemic discrimination, monitor compliance with positive duties and support organisations to improve practice before complaints arise.
Renewed focus on Disability Action Plans (DAPs)
Under the current DDA, organisations can develop Disability Action Plans (DAPs) that set out their strategy for identifying and addressing practices that may result in discrimination and to recognise people’s rights. DAPs are intended to help organisations plan and demonstrate how they will remove barriers to participation and inclusion.
Currently, developing a DAP is voluntary. However, some legal experts have called for DAPs to be compulsory for all organisations with 100 employees or more.
The Issues Paper explores other reforms to make DAPs more effective. It refers to proposals from the AHRC for DAPs to include minimum content requirements, an option for the AHRC to reject plans that don’t meet minimum requirements and reporting on the outcomes of previous DAPs. Organisations may also be expected to engage with people with disability as part of developing their DAPs and include measurable outcome indicators.
For service providers, this would mean using DAPs as a strategic framework to both drive and demonstrate inclusion across governance, workforce planning and service delivery. A well-designed DAP could track progress on accessibility, inclusion and participation, demonstrating compliance with any new positive duty.
‘Special measures’ exemption
The current DDA has a ‘special measures’ exemption, which allows programs to be exclusively for people with disability to meet their ‘special needs’ or promote equal opportunity.
However, many disability representative organisations have noted that the language of ‘special measures’ is outdated and does not reflect the Convention on the Rights of Persons with Disabilities (CRPD), which uses the term specific measures and says that these measures must be necessary to achieve equality in practice. The UN Committee on the Rights of Persons with Disabilities has further explained that this means such measures must be in line with the principles of CRPD and not lead to isolation or segregation.
Future reform to the DDA could refine this exemption to clarify that such measures must be consistent with promoting inclusion.
What this may mean in practice
The DDA review is an opportunity to modernise disability discrimination law and strengthen the inclusion of people with disability across all sectors. For service providers, the direction of reform signals a shift in expectations, from responding to complaints to actively preventing discrimination and integrating inclusion into governance, policies and everyday practice.
The AHRC’s prevention framework under the Sex Discrimination Act gives an idea of what this might look like. It encourages organisations to build systems that identify and manage discrimination risks before harm occurs, through leadership accountability, risk assessment, consultation, support mechanisms and regular monitoring. Similar expectations could emerge under a reformed DDA.
Providers can also start preparing by strengthening their culture and systems now. Key practical steps include:
Governance and culture
- Treat the prevention of discrimination as a responsibility for the organisation’s board.
- Embed rights-based anti-discrimination and inclusion training across all levels.
- Ensure the organisation’s leadership models inclusive behaviours and acts quickly if issues arise.
Policies and systems
- Conduct a discrimination risk assessment.
- Review how your organisation identifies, records and follows up requests for adjustments and ensure there is a clear process for consultation and decision-making.
- Review policies, procedures and communication materials to ensure they are inclusive and accessible.
Action planning
- Review your existing Disability Action Plan (DAP) or start planning how to develop one.
- Co-design your DAP with people with disability and align it with CRPD principles and organisational inclusion goals.
Transparency and accountability
- Build a culture of transparency and good record-keeping. Encourage staff at all levels to clearly document decisions, adjustments and consultations.
- Prepare for stronger reporting expectations. Start thinking now about how you track inclusion outcomes. For example, through data collection on accessibility, adjustments, training participation and evaluation or feedback from people with disability.
- Use that data to drive change. Go beyond compliance reporting by using data on inclusion indicators to identify systemic issues, monitor trends over time and share progress with your board, staff and participants.
Looking ahead
The Australian Government is expected to consider possible amendments to the DDA following the conclusion of the consultation phase in 2025. While the final direction of reform is still to be determined, it’s clear that expectations around inclusion, accountability and prevention are growing.
Service providers need to start preparing. Strengthening governance, consulting with people with disability and embedding inclusion into everyday practice will put organisations in a strong position to adapt to any future changes. Early action also signals leadership, showing participants, staff and regulators that inclusion is central to your organisation’s culture.
