Disability Royal Commission Progress Report 2025

Recommendation 4.22 – Strengthening disability rights protection in state and territory laws

Read progress on recommendation 4.22 of the Disability Royal Commission.

Responsibility: Australian, state and territory governments

Joint response: Subject to further consideration

Status: Subject to further consideration

Other related reform work in progress

On 30 May 2024, the Parliamentary Joint Committee on Human Rights (PJCHR) tabled its inquiry report regarding Australia’s Human Rights Framework. The PJCHR reviewed the scope and effectiveness of Australia’s Human Rights Framework and made 17 recommendations directed to improving human rights protection in Australia, including for the enactment of a federal Human Rights Act.

The Australian Government is considering the Disability Royal Commission’s recommendations in relation to the enactment of a Disability Rights Act, and the accompanying functions and complaints mechanism of a National Disability Commission, alongside the Parliamentary Joint Committee on Human Rights’ recommendations.

The Tasmanian Disability Rights, Inclusion and Safeguarding Act 2024 (the Act) received royal assent in November 2024 and will commence mid 2025. The Act embeds human rights in the Principles and advances and safeguards the rights of all people with disability.

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. 

The Australian Capital Territory (ACT) Government has made progress against this recommendation through the introduction in March 2025 of the Disability Inclusion Act 2024 (ACT). This legislation further strengthens the legal framework for disability rights in the ACT, establishing an obligation for ACT Government entities to proactively consider and address disability access and inclusion. ACT Government is considering approaches to further implementing the intention of this recommendation beyond what is already in place under the Human Rights Act 2004 (ACT).

What the Disability Royal Commission said in the final report

a) States and territories should enact legislation complementary or equivalent to the Australian Disability Rights Act, taking into account their own legal frameworks.

b) The Disability Rights Act should provide that the Act is not intended to exclude or limit the operation of a state or territory law that furthers the objectives of the Convention on the Rights of Persons with Disabilities and is capable of operating concurrently with the Act.

Joint Government response July 2024

The Australian Government and state and territory governments are committed to working with people with disability, their families, carers, supporters, and representative organisations to consider the most appropriate and impactful ways to strengthen disability rights protections.

This recommendation is being considered alongside the findings and recommendations of the Parliamentary Joint Committee on Human Rights Inquiry into Australia’s Human Rights Framework. 

More recommendations

View progress on other recommendations made by the Royal Commission.

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