A fundamental shift is required to improve how Australia responds to disability discrimination. While introducing changes to improve the clarity of the Act and a positive duty are needed, these changes alone will not create meaningful reform.

We are of the view that the current legislative framework does not provide the foundations for an effective enforcement and implementation process, as the burden is on the person with a disability to drive enforcement.

In practice, complainants are expected to challenge well-resourced defendants in the federal court before enforcement can occur; disregarding the very power imbalance this Act seeks to address.

Amendments must be made to the legislation so that issues are dealt with in a timely and accessible format.