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The Disability Discrimination Commissioner has welcomed the Australian Government’s intention to review the Disability Discrimination Act 1992.
This follows calls for reform over many years from across the disability sector, including from the recent Disability Royal Commission.
Disability Discrimination Commissioner, Rosemary Kayess, believes simplifying and modernising Australia’s Disability Discrimination Act (DDA) will better protect the rights of people with disability.
The DDA hasn’t been updated for over 15 years. Much has changed over that time, including court rulings which have made it harder to prove discrimination under the DDA
Rosemary Kayess
The Commissioner argues that the act needs to be modernised to ensure it resonates with society at present and well into the future.
“During the last 10 years, the Australian Human Rights Commission has proposed a range of reforms which would modernise and simplify the DDA as well as strengthen how it protects the rights of people with disability,” she says.
The Disability Royal Commission also made similar recommendations in Final Report back in 2023.
“One of our key proposals is for the introduction of a ‘positive duty’ which is a requirement for those with obligations under the DDA to take active steps to prevent discrimination from happening in the first place,” the Disability Discrimination Commissioner explains.
Australian Human Rights Commission President, Hugh de Kretser argues reform of the DDA is an opportunity to improve Australia’s other anti-discrimination laws.
The DDA and the Racial, Sex and Age Discrimination Acts have inconsistent standards of protection. This creates confusion and inefficiency and makes non-compliance more likely
Hugh de Kretser
“We need to make it easier for people to understand their rights and obligations.”
Commissioner Kayess wants to see DDA reform of the tests for direct and indirect discrimination as well as a strengthening of the Act’s Disability Standards.
“This would make the DDA more relevant to the contemporary experience of discrimination and easier to enforce” she says.
“We’re looking forward to working with the disability community, the business sector, government and other stakeholders to ensure the DDA review delivers workable anti-discrimination protection for people with disability throughout Australia.”