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Submission for the Review of the Disability Discrimination Act 1992
Report - Submission

Submission for the Review of the Disability Discrimination Act 1992

Simone Pearce
2026
url
https://www.ag.gov.au/rights-and-protections/human-rights-and-anti-discrimination/australias-anti-discrimination-law/review-disability-discrimination-actView
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Abstract

Other law and legal studies Other law, politics and community services not elsewhere classified disability discrimination children's sport

This submission responds to the Government's call for submissions into the proposed Review of the Disability Discrimination Act 1992 (Cth). It addresses the treatment of sport under the DDA and argues that the current legislative framework fails to provide fair, meaningful and non‑discriminatory sporting opportunities for people with disability. It contends that s 28 of the DDA is unclear, conceptually flawed, and largely inoperable, particularly when read with the provisions on direct and indirect discrimination and reasonable adjustments. Drawing on empirical research, policy frameworks, and lived experience, the submission demonstrates that existing sporting structures—especially in schools and community pathways—remain exclusionary, segregated and inconsistent with substantive equality. It further argues that the DDA does not implement Australia’s obligations under Article 30.5 of the Convention on the Rights of Persons with Disabilities. The submission proposes targeted legislative reform to s 28, and associated sections, alignment of the DDA with the CRPD, clarification of adjustment obligations in sport, and enhanced guidance, standards and enforcement mechanisms to promote true inclusion in both mainstream and disability‑specific sporting contexts.

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