Impairment is part of human diversity. Society response to that is what disables us

Discrimination is a daily reality for people with disability. It accounts for almost half of complaints to the Australian Human Rights Commission and touches every part of life: employment, education, housing, transport and access to public spaces.

People with disability are often denied access to technology like ATMs, transport such as air travel and taxis, and venues including pubs, sporting grounds and even dance floors. These barriers reflect how society responds to impairment and defines disability.

This is not just about isolated incidents. It’s about a system built on ableism.

Like sexism and racism, ableism perpetuates inequality. It assumes typical abilities are required for everyday life, devalues people with impairment and treats them as outside the norm. Our systems are built around this narrow concept. Ableism leads to discrimination by omission and low expectations.

In truth, no one has every skill for every situation. Impairment is part of human diversity. What disables us is not the impairment itself but how society responds.

Australia’s Disability Discrimination Act (DDA), introduced in 1992, aimed to eliminate discrimination on the basis of disability. It has barely changed since 2009 and is failing to meet its purpose. Court decisions have made it harder to prove discrimination, and the Act is reactive rather than preventative.

The Disability Royal Commission called for major reform of the Act. The Australian Government is undertaking a review to consider 15 recommendations and other changes to improve outcomes for people with disability. This is a pivotal opportunity to modernise the Act and tackle ableism head-on.

What needs to change?

First, the DDA should impose a positive duty on organisations to prevent discrimination, with penalties for non-compliance. Right now, employers, schools and service providers only act when a complaint is made or when ordered by a court. A proactive approach, similar to ‘positive duty’ reforms in the Sex Discrimination Act, would stop harm before it occurs.

Second, the burden of proof must be shared. Currently, people with disability must prove their disability caused the discrimination, which is often impractical and discourages complaints. The law should require respondents to show they did not discriminate.

Third, voluntary standards need teeth. Disability Standards are difficult to enforce. A modern approach would use responsive regulation, a mix of compliance tools rather than relying on penalties alone.

Finally, consistency matters. Australia’s anti-discrimination laws covering race, sex, age and disability operate differently, even though discrimination often intersects. Aligning these laws would reduce confusion and improve outcomes.

Why now?

Recent events show why reform is urgent. The Disability Royal Commission urged governments to end segregated schooling and adopt inclusive education, yet some states are going in the opposite direction. Queensland’s plan to build six new special schools entrenches segregation and ignores decades of evidence that inclusion leads to better academic and social outcomes.

Advocates warn this breaches Australia’s obligations under the UN Convention on the Rights of Persons with Disabilities and locks children into segregated pathways from the start.

Ableism also persists in everyday life, like housing. In New South Wales, the state government has yet to adopt national liveable design standards, leaving thousands of people with physical disability in unsuitable housing. Advocates warn this failure deepens homelessness risk and breaches basic accessibility principles.

Transport remains a major barrier. In August, disability advocate Jono Bredin was unable to attend an accessibility summit in Canberra because no airline could accommodate his power wheelchair. He described the irony of missing an inclusion event due to inaccessible air travel. Despite government promises, aviation-specific disability standards won’t be finalised until 2026.

Violence and hostility are also rising. Two public attacks on people with disability in Hobart this year sparked calls for stronger hate crime laws. Research shows people with disability experience almost double the rate of hostility and violence compared to others. These incidents underline the urgent need for systemic change.

Employment discrimination continues despite reforms. Unemployment for people with disability remains nearly twice the national average. The new Inclusive Employment Australia program, launched this year, aims to close that gap, but without stronger legal protections, progress will stall.

The bigger picture

The DDA review is not just about fixing technical gaps. It is about creating a clear, simple framework for businesses, schools and governments, not a patchwork of laws. And it is about reforms that address ableism across employment, education and public life so people with disability can participate on an equal basis with others.

As Australia marks International Day of People with Disability on December 3, this vision is more than aspirational. It is essential.

This review is a catalyst for change. If we get it right, we will deliver a modern, consistent and enforceable system that reflects human diversity and ensures inclusion is not optional, it is the norm.

For more on the review and practical guides, read our Easy Read resources and recommendations for reform.