Major review of Disability Discrimination Act promises long-overdue reform

The Australian Government has launched a comprehensive review of the Disability Discrimination Act 1992 (DDA), a move that disability advocates say is not just timely — but essential for delivering justice and equality for people with disability across the country.

Announced by the Attorney-General’s Department in late July, the review will examine how the 30-year-old legislation can be modernised to better reflect contemporary human rights standards, and more importantly, to respond to the lived realities of over four million Australians with disability.

Why is the review needed?

For many in the disability community, the DDA has long been seen as outdated, overly legalistic, and ineffective in practice. While the Act makes it unlawful to discriminate on the basis of disability in areas such as education, employment, and access to services, proving discrimination remains complex, costly, and often out of reach for individuals.

The 2023 Disability Royal Commission made this clear in its final report, recommending sweeping changes to the law, including the introduction of a positive duty — which would require organisations to actively prevent discrimination, not just react to it.

Currently, people with disability must often take legal action themselves to address violations — a process that disability advocates say places an unfair burden on individuals who may already be facing significant social and systemic barriers.

A shift in power and protection

If implemented effectively, the DDA review could lead to the most significant disability rights reform in decades. Key goals of the review include:

• Embedding a positive duty on employers, educators, service providers and governments to prevent discrimination before it happens.
• Simplifying legal tests so that people don’t have to meet narrow or outdated definitions of discrimination.
• Removing the need for comparators, which often force individuals to prove they were treated less favourably than a non-disabled person in the same situation.
• Making the Act more inclusive, recognising the intersectional nature of disability and how experiences of discrimination vary across gender, culture, and other identities.

If realised, these changes would mean that people with disability no longer carry the full weight of enforcing their rights through complex legal processes.

Community involvement is key

The Government has committed $6.9 million to the review and released an Issues Paper to guide early feedback. National consultations with people with disability, families, carers, advocates, legal experts and service providers are expected to run through late 2025.

The review is being led with a focus on accessibility and inclusion, and aims to reflect the diverse lived experiences of disabled people — including those from culturally and linguistically diverse (CALD) backgrounds, Aboriginal and Torres Strait Islander communities, and people with intellectual or psychosocial disabilities.

Disability Discrimination Commissioner Rosemary Kayess has welcomed the review, stating it is a “once-in-a-generation opportunity” to deliver real protection under the law.

“People with disability have the right to participate in society on an equal basis. For that to be possible, we need a legal framework that reflects contemporary understanding of disability and removes structural barriers,” Kayess said.

What happens next?

• Public submissions on the Issues Paper are now open and will inform draft recommendations.
  A full consultation process will unfold over the next 6–12 months.
• The Government is expected to deliver legislative reform proposals by late 2026.

The challenge now, advocates say, is to ensure that the process remains led by people with disability — and that the final reforms are not watered down by bureaucracy or political compromise.