Responsibility: Australian Government (4.23-4.34 including 4.30 Part A)
Australian, state and territory governments (4.30 Part B)
Response: Accept in principle
Status: In progress
What has been achieved to date (recommendations 4.23 – 4.34, including 4.30 Part A)
The Attorney-General’s Department has commenced the Disability Discrimination Act 1992 Review. The department has conducted early engagement with representatives of the disability community to inform the approach to the Review. The department has commenced an accessible public consultation process, including the publication of an issues paper accompanied by accessible supporting materials, as well as virtual and in-person consultation sessions, to ensure that all voices are heard.
4.30 – Vilification because of disability (Part B)
State and territory governments have provided updates for part (b) of this recommendation:
Australian Capital Territory
There is already legislation in the ACT that imposes criminal penalties for vilification of people on grounds of disability. Under section 67A of the Discrimination Act 1991 (ACT), it is unlawful for a person to incite hatred toward, revulsion of, serious contempt for, or severe ridicule of a person or group of people on the ground of disability and other protected attributes. Complaints about unlawful acts under the Discrimination Act can be made to the ACT Human Rights Commission.
Section 750 of the Criminal Code 2002 makes serious vilification an offence in the ACT. An offence is committed where a person acting intentionally carries out a threatening act in public (or is reckless to whether it is done in public) and is reckless about whether the act incites hatred toward, revulsion of, serious contempt for, or severe ridicule of a person or group of people on a range of grounds including disability. For this provision, the definition of disability reflects section 5AA of the Discrimination Act 1991 (ACT). The maximum penalty for this offence is 50 penalty units.
Status: Complete
What has been achieved to date: This recommendation is complete for the ACT.
New South Wales
NSW is committed to providing appropriate protections for people with disability. Reviews are currently being undertaken by the NSW Law Reform Commission into the Anti-Discrimination Act 1977 (NSW) and section 93Z of the Crimes Act 1900 (NSW). The outcomes of, and recommendations arising from, these reviews will need to be considered by NSW and may directly impact recommendation 4.30(b).
Status: Subject to further consideration
What has been achieved to date: NSW is committed to providing appropriate protections for people with disability. A review is currently being undertaken by the NSW Law Reform Commission into the Anti-Discrimination Act 1977 (NSW). The NSW Law Reform Commission has completed its review of section 93Z of the Crimes Act 1900 (NSW) and its recommendations are being considered by the NSW Government.
The NSW Government has also committed to a review of the criminal law protections against hatred under the Crimes Amendment (Inciting Racial Hatred) Act 2025, particularly the sufficiency of protections against hatred for vulnerable communities.
The outcomes of, and recommendations arising from, these reviews will need to be considered by NSW and may directly impact recommendation 4.30(b).
Northern Territory
Due to the different stages that all jurisdictions are at regarding discrimination / equal opportunity legislative review, a joint response to this recommendation will not be provided.
The Commonwealth will respond to Recommendation 4.30(a) in the Australian Government response to the Disability Royal Commission.
The Northern Territory is committed to considering the most appropriate and impactful ways to strengthen disability rights protections. The Northern Territory will consider reviewing and amending legislation in line with any new provisions undertaken by the Commonwealth.
Status: Further work required
What has been achieved to date: There are no new provisions and no action is required at this time. However, the Northern Territory will consider any new provisions undertaken by the Commonwealth.
Queensland
The Queensland Government remains committed to implementing the recommendations of the Disability Royal Commission. The Queensland Government has updated its responses to a range of Disability Royal Commission recommendations to reflect contemporary Queensland Government policy and commitments.
2025 Response
The Queensland Government notes that the Respect at Work and Other Matters Amendment Bill 2024 will implement this recommendation, if passed.
Status: Subject to further consideration
What has been achieved to date: The Respect at Work and Other Matters Amendment Act 2024 (the Act) was passed by the Queensland Parliament on 10 September 2024. The Act included a range of changes to the Anti-Discrimination Act 1991.
On 30 April 2025, the Queensland Government paused implementation of the Act, until a date to be set by proclamation. This pause allows time for policy work and further consultation after significant issues were identified with provisions in the legislation.
South Australia
The South Australian government acknowledges the need to ensure legislation
uses simple and accessible language to reflect a more contemporary and human
rights-based approach to disability and decision-making. Further consideration of all
the reform proposals to the Guardianship and Administration Act 1993 is required to ensure a coordinated approach to any amendments, and to understand any policy, operational and budgetary impacts for South Australia.
Status: Subject to further consideration
What has been achieved to date: The South Australian Government remains committed to considering this recommendation further and will provide a response in due course.
Tasmania
The Tasmanian Government accepts this recommendation in principle
The Tasmanian Government heard the stories Tasmanians with disability shared of the vilification they have experienced because of their disability.
The Tasmanian Government is undertaking work to understand how this recommendation would impact Tasmanian legislation.
Status: In progress
What has been achieved to date: The Tasmanian Department of Justice is finalising a bill to amend the Sentencing Act 1997 to enact the 4 recommendations of the Sentencing Advisory Council’s Final Report ‘Prejudice and Discrimination as Aggravating Factors in Sentencing’, which was publicly released in May 2024.
Section 11B of the Sentencing Act 1997 currently provides that, where the offender commits an offence motivated to any degree by hatred or prejudice based on race, the court is to take this into account as an aggravating circumstance. This provision will be expanded to also include other attributes including “disability”. This Bill is likely to be tabled in May 2025.
Victoria
We accept this recommendation in full.
We are already reforming vilification protections in Victoria. We will introduce new legislation in late 2024.
We note there is no joint response for recommendation 4.30. This is because the Standing Council of Attorneys-General decided that jurisdictions will respond individually.
However, this recommendation is still considered a joint recommendation due to the impact on all states and territories and the Commonwealth.
Status: Completed
What has been achieved to date: On 2 April 2025, the Victorian Government passed the Justice Legislation Amendment (Anti-vilification and Social Cohesion) Act 2025 (the Act).
The passage of this landmark legislation strengthens Victoria’s anti-vilification and social cohesion laws and acquits recommendation 4.30 (b).
These new laws expand anti-vilification protections beyond race and religious belief and activity to also protect the attributes of disability, gender identity, sex, sex characteristics, sexual orientation and personal association with a person who has a protected attribute reform Victoria’s anti-vilification law. The new laws were informed by extensive public and stakeholder consultation, including with human rights, justice, legal, multicultural, advocacy and faith-based groups.
Western Australia
The WA Government accepts in principle this recommendation.
A final decision is expected to be made following broader examination of Western Australia's criminal anti-vilification provisions.
Status: In progress
What has been achieved to date: The Department of Justice has commenced research and scoping work.
What the Disability Royal Commission said in the final report
4.23 – Burden of proof in direct discrimination
The Disability Discrimination Act 1992 (Cth) should be amended by inserting new subsections 5(1) and 5(1A). The subsections would read as follows:
(1) For the purposes of this Act, a person (the alleged discriminator) directly discriminates against another person (the aggrieved person), if the person treats, or proposes to treat, the aggrieved person unfavourably on the ground of the aggrieved person’s disability.
(1A) For the purposes of subsection (1), an alleged discriminator who has treated, or proposes to treat, the aggrieved person unfavourably bears the burden of proving that the treatment or proposed treatment was not on the ground of the aggrieved person’s disability.
Response: Accept in principle
Status: In progress
What has been achieved to date: The Attorney-General’s Department has commenced the Disability Discrimination Act 1992 Review. The department has conducted early engagement with representatives of the disability community to inform the approach to the Review. The department has commenced an accessible public consultation process, including the publication of an issues paper accompanied by accessible supporting materials, as well as virtual and in-person consultation sessions, to ensure that all voices are heard.
4.24 – Reforming indirect discrimination
The Disability Discrimination Act 1992 (Cth) should be amended by inserting a new subsection 6(3) to substitute existing subsections 6(3) and (4) as follows:
6(3) Subsection (1) or (2) does not apply if avoiding the discrimination would impose an unjustifiable hardship on the alleged discriminator.
Response: Accept in principle
Status: In progress
What has been achieved to date: The Attorney-General’s Department has commenced the Disability Discrimination Act 1992 Review. The department has conducted early engagement with representatives of the disability community to inform the approach to the Review. The department has commenced an accessible public consultation process, including the publication of an issues paper accompanied by accessible supporting materials, as well as virtual and in-person consultation sessions, to ensure that all voices are heard.
4.25 – Adjustments
The Disability Discrimination Act 1992 (Cth) should be amended by replacing all references to ‘reasonable adjustments’ with ‘adjustments’.
Response: Accept in principle
Status: In progress
What has been achieved to date: The Attorney-General’s Department has commenced the Disability Discrimination Act 1992 Review. The department has conducted early engagement with representatives of the disability community to inform the approach to the Review. The department has commenced an accessible public consultation process, including the publication of an issues paper accompanied by accessible supporting materials, as well as virtual and in-person consultation sessions, to ensure that all voices are heard.
4.26 – Standalone duty to make adjustments
The Disability Discrimination Act 1992 (Cth) should be amended to include the following provision:
Duty to make adjustments
It is unlawful for a person to fail or refuse to make an adjustment for:
a) a person with a disability; or
b) a group of persons with disability
unless making the adjustment would impose an unjustifiable hardship on the person.
Response: Accept in principle
Status: In progress
What has been achieved to date: The Attorney-General’s Department has commenced the Disability Discrimination Act 1992 Review. The department has conducted early engagement with representatives of the disability community to inform the approach to the Review. The department has commenced an accessible public consultation process, including the publication of an issues paper accompanied by accessible supporting materials, as well as virtual and in-person consultation sessions, to ensure that all voices are heard.
4.27 – Positive duty to eliminate disability discrimination
The Disability Discrimination Act 1992 (Cth) should be amended to introduce a positive duty on all duty-holders under the Act to eliminate disability discrimination, harassment and victimisation, based on the December 2022 amendments to the Sex Discrimination Act 1984 (Cth):
Duty to eliminate discrimination on the ground of disability
1. A person must take reasonable and proportionate measures to eliminate all forms of discrimination on the ground of disability.
2. In determining whether a measure is reasonable and proportionate the following factors must be considered
a) the size of the person’s business or operations;
b) the nature and circumstances of the person’s business or operations;
c) the person’s resources;
d) the person’s business, risk management plans and operational priorities;
e) the practicability and the cost of the measures;
f) whether the person has a disability action plan;
g) nature and extent of the person’s consultation with any person with disability concerned; and
h) all other relevant facts and circumstances.
Other duties not limited or otherwise affected
3. This section does not limit, or otherwise affect, a duty that a duty-holder has under:
a) the Work Health and Safety Act 2011 (Cth); or
b) a law of a State or Territory that deals with work health and safety.
Response: Accept in principle
Status: In progress
What has been achieved to date: The Attorney-General’s Department has commenced the Disability Discrimination Act 1992 Review. The department has conducted early engagement with representatives of the disability community to inform the approach to the Review. The department has commenced an accessible public consultation process, including the publication of an issues paper accompanied by accessible supporting materials, as well as virtual and in-person consultation sessions, to ensure that all voices are heard.
4.28 – Systemic discrimination
a) Division 4A (ss 35A–35K) of the Australian Human Rights Commission Act 1986 (Cth) should be amended by inserting the words ‘or disability discrimination’ after ‘sex discrimination’ where these words appear.
b) a reference to ‘disability discrimination’ means any conduct that is unlawful under the Disability Discrimination Act 1992 (Cth).
Response: Accept in principle
Status: In progress
What has been achieved to date: The Attorney-General’s Department has commenced the Disability Discrimination Act 1992 Review. The department has conducted early engagement with representatives of the disability community to inform the approach to the Review. The department has commenced an accessible public consultation process, including the publication of an issues paper accompanied by accessible supporting materials, as well as virtual and in-person consultation sessions, to ensure that all voices are heard.
4.29 – Offensive behaviour
The Disability Discrimination Act 1992 (Cth) should be amended by inserting a new provision:
Section 39A Offensive behaviour because of disability
1. It is unlawful for a person (the first person) to do an act, otherwise than in private, if:
a) the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and
b) the act is done because of the disability of the other person or because some or all of the people in the group have or are perceived by the first person to have a disability.
2. For the purposes of subsection (1), an act is taken not to be done in private if it:
a) causes words, sounds, images or writing to be communicated to the public; or
b) is done in a public place; or
c) is done in the sight or hearing of people who are in a public place.
3. In this section:
public place includes any place to which the public have access as of right or by invitation, whether express or implied and whether or not a charge is made for admission to the place.
Response: Accept in principle
Status: In progress
What has been achieved to date: The Attorney-General’s Department has commenced the Disability Discrimination Act 1992 Review. The department has conducted early engagement with representatives of the disability community to inform the approach to the Review. The department has commenced an accessible public consultation process, including the publication of an issues paper accompanied by accessible supporting materials, as well as virtual and in-person consultation sessions, to ensure that all voices are heard.
4.30 – Vilification because of disability
a) The Disability Discrimination Act 1992 (Cth) should be amended by inserting a new provision as follows:
Section 39C Vilification because of disability
It is unlawful for a person (the first person) to do an act otherwise than in private, if:
a) the act involves threats by the first person to perpetrate or encourage violence or serious abuse directed at another person or group of people;
b) the act is reasonably likely, in all the circumstances, to incite hatred towards another person or a group of people; and
c) the act is done because of the disability of the other person or because some or all of the people in the group have or are perceived by the first person to have a disability.
b) States and territories that already have legislation imposing criminal penalties for vilification of people on grounds that do not include disability should extend the legislation to vilification of people on the ground of disability.
Response: Accept in principle
Status: In progress
What has been achieved to date: The Attorney-General’s Department has commenced the Disability Discrimination Act 1992 Review. The department has conducted early engagement with representatives of the disability community to inform the approach to the Review. The department has commenced an accessible public consultation process, including the publication of an issues paper accompanied by accessible supporting materials, as well as virtual and in-person consultation sessions, to ensure that all voices are heard.
4.31 – Disability discrimination and migration law
a) The Australian Government should initiate a review of the operation of section 52 of the Disability Discrimination Act 1992 (Cth), insofar as it authorises discrimination against people with disability seeking to enter Australia temporarily or permanently. The review should consider changes to the legislation and migration practices to eliminate or minimise the discrimination.
b) The review should be conducted with particular reference to the rights recognised by the Convention on the Rights of Persons with Disabilities and the Concluding observations on the combined second and third periodic reports of Australia made by the United Nations Committee on the Rights of Persons with Disabilities.
Response: Accept in principle
Status: In progress
What has been achieved to date: The Attorney-General’s Department has commenced the Disability Discrimination Act 1992 Review. The department has conducted early engagement with representatives of the disability community to inform the approach to the Review. The department has commenced an accessible public consultation process, including the publication of an issues paper accompanied by accessible supporting materials, as well as virtual and in-person consultation sessions, to ensure that all voices are heard.
4.32 – Unjustifiable hardship
Section 11 of the Disability Discrimination Act 1992 (Cth) should be amended by inserting the new subsections 11(1)(aa), 11(1)(ab) and 11(1A) as follows:
11 Unjustifiable hardship
(1) For the purposes of this Act, in determining whether a hardship that would be imposed on a person (the first person) would be an unjustifiable hardship, all relevant circumstances of the particular case must be taken into account, including the following:
(a) the nature of the benefit or detriment likely to accrue to, or to be suffered by, any person concerned;
(aa) the nature and extent of the first person’s consultations with any person with disability concerned;
(ab) the first person’s consideration of all available and appropriate alternative measures or actions;
(b) the effect of the disability of any person concerned;
(c) the financial circumstances, and the estimated amount of expenditure required to be made, by the first person;
(d) the availability of financial and other assistance to the first person;
(e) any relevant action plans given to the Commission under section 64.
Example: One of the circumstances covered by paragraph (1)(a) is the nature of the benefit or detriment likely to accrue to, or to be suffered by, the community.
(1A) The person relying on unjustifiable hardship must:
- create and retain all documents recording the person’s consideration (if any) of each of the factors in subsection (1); and
- provide reasons to the person concerned, if so requested, for contending that unjustifiable hardship existed at the time of the alleged unlawful discrimination.
(2) For the purposes of this Act, the burden of proving that something would impose unjustifiable hardship lies on the person claiming unjustifiable hardship.
Response: Accept in principle
Status: In progress
What has been achieved to date: The Attorney-General’s Department has commenced the Disability Discrimination Act 1992 Review. The department has conducted early engagement with representatives of the disability community to inform the approach to the Review. The department has commenced an accessible public consultation process, including the publication of an issues paper accompanied by accessible supporting materials, as well as virtual and in-person consultation sessions, to ensure that all voices are heard.
4.33 – Reference to the Convention on the Rights of Persons with Disabilities
The Disability Discrimination Act 1992 (Cth) should be amended to insert a new subsection 3(d) as follows:
(d) to give effect to Australia’s obligations under the Disabilities Convention
Response: Accept in principle
Status: In progress
What has been achieved to date: The Attorney-General’s Department has commenced the Disability Discrimination Act 1992 Review. The department has conducted early engagement with representatives of the disability community to inform the approach to the Review. The department has commenced an accessible public consultation process, including the publication of an issues paper accompanied by accessible supporting materials, as well as virtual and in-person consultation sessions, to ensure that all voices are heard.
4.34 – Interpretation of the Disability Discrimination Act 1992 (Cth)
The Disability Discrimination Act 1992 (Cth) should be amended by inserting a new subsection 4(3):
(3) This Act must be interpreted in a way that is beneficial to a person or persons with disability, to the extent it is possible to do so consistently with:
a) the objects of this Act
b) the Convention
c) the Covenant on Civil and Political Rights
d) the Disabilities Convention
e) the International Covenant on Economic, Social and Cultural Rights.
Response: Accept in principle
Status: In progress
What has been achieved to date: The Attorney-General’s Department has commenced the Disability Discrimination Act 1992 Review. The department has conducted early engagement with representatives of the disability community to inform the approach to the Review. The department has commenced an accessible public consultation process, including the publication of an issues paper accompanied by accessible supporting materials, as well as virtual and in-person consultation sessions, to ensure that all voices are heard.
Australian Government Response July 2024
The Australian Government is committed to ensuring Commonwealth anti-discrimination legislation works for people with disability and is dedicating $6.9 million to review and modernise the Disability Discrimination Act 1992 (Disability Discrimination Act).
The Attorney-General’s Department will review the Disability Discrimination Act to ensure it remains fit-for-purpose, recognising that it has not been substantially amended since 2009. The review will consider and consult on the Disability Royal Commission’s recommended amendments, with a view to strengthening and clarifying protections for people with disability.
The Government is committed to working in partnership with the community, recognising that implementing these recommendations may impact a diverse range of stakeholders. Broad and accessible consultations will be conducted with affected stakeholders, including on potential regulatory impact.
The Department of Home Affairs has completed a review of the Migration Health Requirement, including the Significant Cost Threshold, with a focus on how to balance fairness in the migration system whilst containing public expenditure on health and community services. As part of the review, the views of people with disability, their families, carers, representative organisations, migration agents and the broader community were captured through targeted and public consultation in 2023. The review report contains nine findings for Government consideration, and is available on the Department of Home Affairs website.
The Government has committed $12.1 million over four years from 2024-25 and $5.2 million ongoing to enable special consideration for child visa applicants born and ordinarily resident in Australia with a health condition or disability to enable the grant of a visa.
More recommendations
View progress on other recommendations made by the Royal Commission.