Responsibility: Australian Government
Response: Accept in principle
Status: Further work required
What has been achieved to date
Further action is dependent on the completion of the Attorney-General’s Department’s review of the Disability Discrimination Act.
What the Disability Royal Commission said in the final report
The Fair Work Act 2009 (Cth) should be amended to:
a) ensure the definition of ‘disability’ is consistent with the Disability Discrimination Act 1992 (Cth)
b) remove the words ‘physical and mental’ preceding ‘disability’ in sections 351 and 772.
Australian Government Response July 2024
The Australian Government supports strengthening workplace protections against discrimination for people with disability by clarifying what constitutes a disability for the purposes of the anti-discrimination provisions of the Fair Work Act 2009 (Fair Work Act).
The Government has committed to review and modernise the Disability Discrimination Act 1992 (Disability Discrimination Act) to strengthen protections against discrimination for people with disability, including in respect of employment.
Alongside the review, the Department of Employment and Workplace Relations will, in consultation with the Attorney-General’s Department, consider interactions between the Disability Discrimination Act and other relevant laws, including the Fair Work Act, building on consultation undertaken as part of the 2023 Closing Loopholes reforms to the Fair Work Act.
The Government will act on this recommendation once the Disability Discrimination Act review is completed, to ensure a harmonised response across the human rights and workplace relations frameworks.
More recommendations
View progress on other recommendations made by the Royal Commission.