Key Facts:
- Physical Disability Australia (PDA) CEO Suzanne Gearing has criticised the Disability Discrimination Act Issues Paper as underwhelming, arguing that decades of reviews and advocacy have yet to produce enforceable rights or a legislative timetable for reform.
- The paper acknowledges longstanding barriers - including the burden placed on individuals to lodge complaints - but presents only options and 52 questions rather than firm commitments, which PDA says is insufficient.
- Key shortfalls identified include: a positive duty to prevent discrimination that remains a proposal rather than law; an individual complaints-based system that has not been replaced by stronger regulatory enforcement; and fragmented accessibility standards that risk leaving practical barriers unaddressed.
- PDA is calling on the Australian Government to publish a dated reform roadmap, commit to an enforceable positive duty and stand-alone adjustment duty, resource the Australian Human Rights Commission to tackle systemic non-compliance, and simplify discrimination tests whilst funding accessible legal assistance.
- PDA insists that people with disability must play a central, properly supported role in designing any new legislation, and that the outcome of consultation must drive decisions rather than prompt yet another round of questions.
Physical Disability Australia (PDA) CEO Suzanne Gearing has described the Disability Discrimination Act Issues Paper as "underwhelming" and "another trip around the same block". "It is time for the Australian Government to turn this review into enforceable rights," she said.
The paper recognises longstanding barriers, the burden of complaints and the toll of repeatedly recounting discrimination. But it offers options and 52 questions-not a legislative package or delivery timetable. For PDA, recognising injustice without committing to fix it is not enough.
The history matters. The paper cites the Productivity Commission's 2004 review and decades of advocacy. The Disability Royal Commission reported on 29 September 2023. The Government accepted the 15 recommendations relating to the Act in principle on 31 July 2024. Public consultation ran from 1 August to 14 November 2025.
"People with disability do not need another description of a failing system. We need a commitment to fix it. Consultation must shape reform, not replace it," Ms Gearing said.
The DDA is still falling short:
Prevention remains a proposal, not a delivered protection. The paper explores a positive duty requiring organisations to prevent discrimination, backed by regulatory enforcement. PDA supports that direction, but wants a firm implementation commitment, not another menu of options.
The burden on individuals is recognised, not removed. Protecting rights can still depend on pursuing a complaint through the Australian Human Rights Commission and potentially the courts. The paper explores stronger enforcement without an individual complaint. Now that option needs action.
Accessibility risks remaining fragmented. The content of the transport, education and premises Disability Standards is outside this review, although their legislative framework and enforcement are in scope. PDA wants coordinated reform so practical access barriers do not fall through the gaps.
"An inaccessible entrance, a refused adjustment or exclusion from a service shuts people out of everyday life. Rights must not depend on how much time, money and energy someone can spend fighting for them," Ms Gearing said.
PDA acknowledges the paper's accessible supporting materials and consultation since publication. The Department's 26 October 2026 update reports broad engagement and support from disability representatives for a positive duty. "That work must now drive decisions, not another round of asking people to prove the case for change," Ms Gearing said.
PDA calls on the Australian Government to:
- Publish a dated roadmap for reform decisions, draft legislation, introduction to Parliament and commencement.
- Commit to an enforceable positive duty to prevent disability discrimination and a clear, stand-alone duty to provide adjustments.
- Equip and resource the Australian Human Rights Commission to tackle systemic non-compliance without relying on individual complaints.
- Simplify discrimination tests and fund accessible advocacy and legal assistance so people can exercise their rights.
- Give people with disability a central, properly supported role in designing the legislation, and publish how their input shapes it.
"Count the rights strengthened, not the questions asked. Success means stronger protection, clearer rights and a practical way to enforce them. People with disability have explained the problems. It is time for Government to deliver the solutions," Ms Gearing said.
About us:
Physical Disability Australia (PDA) is Australia's national peak Disabled People's Organisation representing people living with physical disability. Established in 1995, and governed and led by people with physical disability, we advocate for the rights, inclusion, and full participation of all people with physical disability across Australia.
